Date: 03-02-2020
Business: Adv. Sagar Sarin i/b DMD Advocates for plaintiff is present.
Adjourned to 12.02.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv. Rashi Verma i/b DMD Advocates for plaintiff is present.
Adjourned to 26.02.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Adv. Rashi Verma h/f DMD Associates for plaintiff is present.
Issue writ of summons to the defendant returnable on 16.03.2020.
Plaintiff to take steps to serve defendant and file affidavit of service.
Adjourned to 16.03.2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate for plaintiff is present and requested extension of time to serve writ of summons. Request is allowed.
None present for defendant.
Adjourned for writ of summons to 07.04.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 05.11.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Adv Shreyesh for plff present. On his oral request time is extended for service of writ of summons till next date.
Adjourned for writ of summons to 02.02.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-02-2021
Date: 02-02-2021
Business: Adv. Shreyas Tapare for plaintiff present.
Adv. Mandar Divekar for defendant is present.
Exh. 2 - service affidavit submitted by plaintiff.
Exh. 3 - VP of Adv. Divekar for defendant.
Matter is adjd.to 12-02-2021 for filing WS.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Mr. Shreyash Tapadia for plaintiff present.
Adv. Mr. Mandar Diwekar for defendant, submitted written statement with Counter Claim.
Exh.4- W.S. with Counter Claim submitted by deft., copy served to plff.
Exh.5- Statement of truth submitted by deft.
Matter is adjd.to 08.03.2021 for W.S. by plff.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv. Mr. Shreyash Tapdia for plaintiff, pryaed for adjd to file W.S. by plff. on counter claim.
Adv. Mr. Mandar Divekar for defendant present.
Matter is adjd.to 22.03.2021 for W.S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv. Mr. Shreyas Tapariya for plaintiff present.
Mr. Yogesh Gandhi, representative of deft. present.
Exh.6- W.S. submitted by plff. on counter claim of deft., copy is served to deft.
Both side to submit draft issues and schedule of hearing.
Matter is adjd.to 01.04.2021 for list of witness and case
management hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Adv. Mr. Shreyash Taparia for plaintiff, prayed for adjmnt.
None for defendant.
Matter is adjd.to 17.06.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-07-2021
Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2021
Date: 04-08-2021
Business: Adv. Shreyash Taparia for plaintiff present.
Adv. Mandar K. Divekar for defendant present.
On perusal of written statement cum counter claim Exh. 4, it appears that it is not verified from board department and challan of court fees is not defaced. Hence, adv. for the defendant is directed to get written statement cum counter claim Exh. 4 verified from board department.
Matter is adjd.to 24-08-2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Adv. Shreyash Taparia for plaintiff present.
Adv. Mandar Divekar for defendant present.
Matter is adjd.to 01-10-2021 for issues(Matter is not
received from board dept)
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. Shreyash Taparia for plaintiff present.
Adv. Mandar Divekar for defendant present.
Case is not received from Board department.
Matter is adjd.to 26-10-2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Ameya Pant for plaintiff present.
Adv. Mandar Divekar for defendant present.
Counter claim of the defendant is received from Board Department after verification.
On perusal of Counter claim Exh. 4, it appears that it appears that Statement of Truth is not annexed with the same. Hence, the defendant is directed to file Statement of Truth.
Matter is adjd.to 15-11-2021 for filing Statement of Truth
by deft and affidavit of admission/denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: None for plaintiff.
Adv. Mandar Divekar for defendant present and filed statement of truth in support of counter claim t.o.r. and marked as Exh.7
He also filed affidavit of admission/denial documents t.o.r. and marked as Exh. 8
Matter is adjd.to 09-12-2021 for filing affidavit/denial
documents by plaintiff.
LO
Adv. Abhishekh Tilak alongwith constituted attorney of the plaintiff Kishor Kulkarni present and filed statement of truth in support of counter claim t.o.r. and marked as Exh.9
He also filed affidavit of admission/denial documents t.o.r.
and marked as Exh. 10
He received copies of Exh. 7 and Exh. 8.
He placed on record copies of Exh. 9 & Exh. 10 for the deft.
Matter is adjd.to 09-12-2021 for issues (11.00 am).
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. Shivani Sanghawi for plaintiff present.
Adv. Jayanti Tambe for defendant present and filed draft issue t.o.r.
Adv. Jayanti Tambe for defendant received copies of Exh. 9 and 10.
Matter is adjd.to 07-01-2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: Adv. Shivani Sanghavi for plaintiff present and prayed for adjournment – short date be given.
None for defendant
Matter is adjd.to 14-02 -2022 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Mr.Abhishek Tilak for plaintiff present.
None present for defendant.
Issues framed at Exh.11.
Matter is adjd.to 08-03-2022 for case management
hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv. Shivani Sanghavi i/b DMD Advocates for plaintiff present.
Adv. Mandar Divekar for defendant present.
Heard both sides on the point of case management hearing.
Schedule of trial determined after case management hearing Exh.12.
Matter is adjd.to 29-03-2022 for filing list of witnesses
by both sides.
Next Purpose: FOR___________________
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv. Shivani Sanghavi for plaintiff present and filed list of witness t.o.r. and marked as Exh.13
None for defendant
LO at 11.45pm
Adv. Mandar Divekar for defendant present and filed list of witness t.o.r. and marked as Exh.14
He place on record copy of Exh. 14 for plaintiff.
Adv. Mandar Divekar for defendant received copy of Exh. 13.
Matter is adjd.to 05-04-2022 for evidence affidavit by
plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Shivani Sanghavi for plaintiff present and prayed for adjournment - short date be given as a last chance.
None for defendant
Matter is adjd.to 16-04-2022 for evidence affidavit by
plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 16-04-2022
Date: 16-04-2022
Business: Adv. Shivani Sanghavi a/w CA of plaintiff present and filed his evidence affidavit t.o.r. and marked as Exh.15.
She also filed certificate u/s 65-B of the Evidence Act t.o.r. and marked as Exh.16.
None for defendant.
She place on record copies of Exh.15 and Exh.16 for the defendant.
Matter is adjd.to 26-04-2022 for cross examination of
P.W.1 (Exh.15).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Abhishekh Tilak a/w witness Kishore Kulkarni for plaintiff present.
Adv. Mandar Divekar for defendant present and received copies of Exh. 15 and Exh. 16. He prayed for adjournment by stating that he received copies of Exh. 15 and 16 today itself.
Considering submission of Adv. Mandar Divekar and with consent of the other side, matter is adjourned to 21-06-2022.
Matter is adjd.to 22-06-2022 for R/E P.H. cross
examination of P.W.1 (Exh.15). 11.30 am.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: None for plaintiff.
Adv. Abhishek Tilak for defendant present.
LO
Adv. Shivani Sanghavi for defendant present.
P.W.1 is absent.
Adv. for defendant sought adjournment. Other side has no objection.
Adjournment granted as a last chance.
Matter is adjd.to 19-08-2022 for R.E. P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Mandar Divekar for defendant present.
Plaintiff absent.
Adv. Suyash Bhave h/f Adv. Abhishek Tiwari for plaintiff present and seeks adjournment.
Add for recording evidence PH to 08/09/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Shivani Sanghvi for plaintiff present.
Adv. Mandar Divekar for defendant present.
Exh- 17 Affidavit of evidence of Kishor Kulkarni is filed. O- Read and recorded.
Heard both sides on marking of documents.
As per admission denial the defendant has admitted ten emails and denied rest of documents. As defendant has admitted the document ie ten emails, those are marked as Exhibits.
The plaintiff also filed certificate under section 65B at Exh.16. In my view subject to objection of defendant the document are marked as exhibit. Mere marking of document does not mean documents is proved. Court has power to give exhibit to document.
The plaintiff also filed copy of legal notice. It is marked as Exhibit.
Exh- 18 Power of attorney of Kishor Kulkarni
Exh-19 A print out of email dt. 01.11.17 along with corresponding attachments.
Exh-20 Information page of UNVIM website 31.03.2022
Exh-21 print out of email issued by plaintiff to Pacific international Ltd and 1 print out of the email issued by pacific international Ltd to plaintiff.
Exh-22 Print of of email issued by plaintiff and defendant to the plaintiff.
Exh-23 Container release orders dt. 29.11.2017
Exh-24 emails dt. 29.11.2017 isused by plaintiff to defendant shipper.
Exh- 25 Bill of landing dt. 09.12.2017
Exh-26 print out of email issued by transworld to plaintiff.
Exh-27 Email dt. 16.12.17 isused by defendant shipper to transword.
Exh-28 email dt. 20.12.17 issued by defendant shipper.
Exh-29 letter dt. 03.01.2018 issued by transworld to defendant shipper.
Exh-30 email dt. 04.01.2018 issued by defendant shipper to plaintiff.
Exh-31 plaintiff issued an email to transwork on 04.01.2018 in capacity of an agent of defendant.
Exh-32 email dt. 05.01.2018 issued by defendant shipper to plaintiff.
Exh-33 print out of email dt. 10.01.2018 issued by plaintiff to defendant.
Exh-34 print out of email dt. 16.03.2018.
Exh-35 11 invoices
Exh-36 legal notice issued by plaintiff to defendant.
Adjd for cross-examination of PW-1 to 19/11/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-11-2022
Date: 19-11-2022
Business: Adv. Abhishek Tilak for plaintiff present.
Adv. Mandar Divekar for defendant present.
Witness of plaintiff present.
Cross-examination of PW-1 Kishore Yashwant Kulkarni commenced and partly recorded.
Adjd for recording evidence part heard to 02/12/2022 in afternoon session at 03 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: Adv. Shivani Sanghvi for plaintiff present.
Adv. Mandar Divekar for defendant present.
Witness of plaintiff present.
Further cross examination of PW-1 on solemn affirmation by adv. Divekar for plaintiff commenced and recorded complete. Cross examination is over.
(Ld. Adv. for plaintiff submitted that she wants
to re examine witness on certain facts. Ld.
Adv. for defendant strongly objected for re
examination. It is submitted by defendant that
there is no provision in law for re-examination
of witness after completion of cross
examination).
Heard both parties at length. Matter be kept
for passing further orders regarding re-
examination of witness.
Adjd for order on re-examination of witness to
11/01/2023
Next Purpose: ORDER
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv. Mohit Tiwari for plaintiff is present.
Adv Mandar Divekar for defendant is present.
Court busy in judgment of commercial summary suit no. 386 of 2022 and 397 of 2022, order in Notice of motions and recording evidence in commercial suit 413/2020.
case is adjourned for order to 21-01-2023.
Next Purpose: ORDER
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: Adv Mohit Tiwari i/b DMD advocates for plff is present.
Adv Jayesh Borse for defendant is present and filed V/N t.o.r. marked as Exh.37 O-Filed.
Order on re-examination of witness-
ld adv for plaintiff sought permission of the Court for re-examination of witness on certain facts. Ld Adv for the defendant objected for re-examination the witness. In this case the evidence of PW-01 was recorded. After completion of cross examination the plaintiff sought permission of the Court for re-examination of the witness regarding the clarification of ambiguities which have been brought down in cross-examination. No doubt ambiguities can be resolved through re-examination. If the parties who called the witness feels that the explanation is required or any matter referred in the cross-examination, he has the liberty to put any question in the re-examination to get the explanation. The right of re-examination of a witness is envisaged in section 137 r/w 138 of Evidence Act. In my view the plaintiff should be given opportunity to remove any ambiguity in the deposition. Therefore, permission needs to be given to the plaintiff for re-examination. Hence, permission granted to the plaintiff for re-examination of the witness PW-01.
Case is adjourned for re-examination of PW-01 to 24-02-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv Mohit Tiwari i/b DMD advocates for plaintiff is present.
None for defendant.
Plaintiff witness absent.
Case is adjourned for re-examination to 10-03-2023.
L.O. at 11.45 am
Adv. Devdatta Salvi for defendant is present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: None present.
Plaintiff is directed to proceed with the matter.
Case is adjourned on 01.04.2023 for RE PH
LO 11.55 am
Adv. Shivani Sanghvi h/f DMD advocates for plaintiff present.
Plaintiff in person present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-04-2023
Date: 01-04-2023
Business: Adv. Mohit Tiwari i/b DMD advocates for plaintiff present. Witness Kishor Kulkarni of plaintiff present.
Adv. Devdatta Salvi for defendant present and sought time.
Case is adjourned to 29.04.2023 for evidence part heard
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-04-2023
Date: 29-04-2023
Business: None present.
Plaintiff is directed to adduce evidence.
Case is adjourned for R/E to 22-06-2023.
L.O. at 12.01 pm
Adv Mohit Tiwari for plaintiff is present.
Adv Devdatta Salvi for defendant is present.
Witness is present.
By consent, case is adjourned for recording evidence to 23-06-2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: P. O. is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-07-2023
Date: 15-07-2023
Business: Taurus Lines Pvt. Ltd. Vs Ankit Raj Exportrade Pvt. Ltd.
All called but absent.
Roznama Dt. 08.12.2022 and 01.02.2023 shows that matter is pending for re-examination of PW1 Kishore Kulkarni.
Plaintiff to take steps by next date regarding re-examination, if any and remaining evidence, if any.
Hence, kept for necessary order.
Matter adjourned to 26.07.2023 evidence( P.H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Taurus Lines Pvt. Ltd. Vs Ankit Raj Exportrade Pvt. Ltd.
All called, but absent.
Parties to take steps. Else, put for necessary order.
Matter adjourned to 23.08.2023 for recording evidence of plaintiff at 12.30 Hrs.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-08-2023
Date: 23-08-2023
Business: Taurus Lines Pvt. Ltd. Vs Ankit Raj Exportrade Pvt. Ltd.
Adv. Mohit Tiwari present with plaintiff.
Adv. Devdatta Salvi present for defendant.
Matter adjourned to 11.10.2023 at 12.30 Hrs for evidence (P.H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-10-2023
Date: 11-10-2023
Business: Taurus Lines Pvt. Ltd. Vs Ankit Raj Exportrade
Adv. Ashish Mishra present for plaintiff.
He submitted that, because of death in the family of witness, the witness is absent.
Defendant side called, but absent.
Matter adjourned to 01.12.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Taurus Lines V/s Ankit Raj Exportrade Pvt. Ltd.
Adv. Kashmira Anchar present for plaintiff.
Plaintiff witness Kishor Kulkarni present.
Adv. Devdatta Salvi present for defendant.
Plaintiff is seeking oral adjournment.
Case adjourned to 09.01.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-01-2024
Date: 09-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Tauras Lines V/s Ankit Raj
All called, but absent.
Parties to take steps regarding evidence / cross-examination.
Case adjourned to 22.02.2024 for evidence / cross-examination.
Later on at 11.50 Hrs.
Adv. Coral Shah present for plaintiff.
Case adjourned to 22.02.2024 for evidence / cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: Taurus Lines V/s Ankit Raj Exportrade
Adv. Snigdha Mishra present for plaintiff.
Adv. Devdatta Salvi present for defendant.
Perusal shows that, plaintiff has exhibited his documents on 13.10.2022. Thereafter, defendant has partly cross-examined plaintiff witness on 19.11.2022 and thereafter, on 08.12.2022.
However, cross-examination Dt. 08.12.2022 is missing from the file.
Said evidence be traced out.
If parties have copies of cross-examination Dt. 08.12.2022, then they should file same with pursis.
Suit adjourned to 04.03.2024 for evidence.
Later on at 13.17 Hrs.
Plaintiff representative Kishor Kulkarni present.
Suit adjourned to 04.03.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Taurus Lines V/s Ankit Raj
Plaintiff witness Kishore Kulkarni present. His counsel absent.
Later on at 13.22 Hrs.
Adv. Mohit Tiwari present with plaintiff representative
Adv. Devdatta Salvi present for defendant.
Plaintiff to take steps regarding re-examination of plaintiff witness by next date.
Suit adjourned to 19.03.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-03-2024
Date: 19-03-2024
Business: Taurus Lines v/s Ankit Raj Exportrade
Adv. Abhishek Tilak and Adv. Mohit Tiwari present for plaintiff.
Plaintiff witness Kishor Kulkarni present.
Adv. Devdutta Salvi present for defendant.
Exh.38 - Joint pursis (Exhibit marked today) regarding earlier evidence.
Re-examination of plaintiff witness recorded, partly.
Suit adjourned to 25.04.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Tarus Lines V/s Ankit Raj
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take steps regarding pending evidence.
Suit adjourned to 25.07.2024 for recording evidence.
Later on at 13.09 Hrs.
Adv. Abhishek Tilak present for plaintiff.
Plaintiff witness Kishor Kulkarni present.
Adv. Devdutt Salvi present for defendant.
Suit adjourned to 25.07.2024 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-07-2024
Date: 25-07-2024
Business: Adv. Ashish Mishra present for plaintiff.
He is seeking oral adjournment on the ground of heavy rains.
Defendant side called, but absent.
Later on 14.11 pm.
Mr. Yogesh Gandhi defendant is present.
Suit adjd. to 12.09.2024 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: Taurus Lines Vs Ankit Raj Exportrade Pvt. Ltd.
Adv. Aashish Darne present for plaintiff.
Plaintiff representative Kishor Kulkarni present.
Adv. Devdatta Salvi present for defendant.
Plaintiff is seeking oral adjournment to file appropriate application seeking permission about additional evidence.
Defendant submitted for suitable Orders.
Suit adjourned to 11.10.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-10-2024
Date: 11-10-2024
Business: Taurus Lines Pvt. Ltd. Vs Ankit Raj Exportrade Pvt. Ltd.
P. O. is on leave.
Adv. Prakalathan Bathey present for plaintiff.
Plaintiff Kishor Kulkarni present.
Suit adjourned to 25.11.2024 for evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-11-2024
Date: 25-11-2024
Business: Adv. Prakalathan present for plaintiff.
Adv. Devdutta Salvi present for defendant.
Exh.39- Draft Notice of motion filed by defendant to bring on record additional documents.
Exh.40- Affidavit in support of Notice of motion.
Order- Leave is granted to register Notice of motion.
Parties to complete pleadings and to supply documents to each other. Parties should argue the pending applications, by next date, without fail. Else, put for necessary Order.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 16.01.2025 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-01-2025
Date: 16-01-2025
Business: Taurus Lines Pvt. Ltd. Vs Ankit Raj Exportrade Pvt. Ltd.
Adv. Prakalathan Bathey present for plaintiff.
Defendant side called, but absent.
Parties to take steps regarding pending Notice of Motion. Else put for necessary Orders.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.03.2025 for notice of motion.
Later on at 13.20 Hrs.
Adv. Devdutta Salvi present for defendant.
Exh.41- Reply filed by defendant to Notice of Motion No. 106303 / 2024.
Suit adjourned to 18.03.2025 for notice of motion.
Judge
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: Adv. Prakalathan Bathey for plaintiff present.
Adv. Devdatta Salvi for defendant present.
Advocate for the plaintiff tendered the registered Notice of Motion No.6303/2024 along with affidavit in support. TOR
Reply already filed and copy of reply to NM served to other side.
On the oral request of the adv for the plaintiff to file rejoinder to the reply and for service of copy of rejoinder upon the advocate for the defendant well before the adjourned date.
Matter stands Adj for hearing on NM on 27-03-2025.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Adv. Prakalathan Bathey for plaintiff present.
Adv. Jayesh Borse for defendant present.
Ld. advocate appearing for the plaintiff failed to comply the order date 18.03.2025 and seeking further time to comply the said order. This court doesn't inclined to grant further adjournment.
KB at 04. 00 for final argument on NM.
Later on at 4.10 pm
Adv. Prakalathan Bathey for plaintiff present through VC.
Court is busy in dictating order on Notice of Motion No.6270/2024 and 6271/2024 and 6272/2024 all in Com Suit 1002/2024.
Matter stands Adj to 08-04-2025 for argument on NM.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: Adv. Abhishek Tilak for plaintiff present.
Adv. Devdatta Salvi for defendant present.
On the oral request of the adv for the plaintiff, matter stands Adj for further argument on NM on 09-04-2025, first on board.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-04-2025
Date: 09-04-2025
Business: Adv. Abhishek Tilak for plaintiff present.
Plaintiff witness - Kishor Kulkarni is present.
Adv. Devdatta Salvi for defendant present.
Re-examination of PW-1 is recorded and completed.
The plaintiff's counsel, Adv. Abhishek Tilak, and the defendant's counsel, Adv. Devdatta Salvi, were present. The plaintiff's witness, Kishor Kulkarni, was also present. The re-examination of PW-1 was recorded and completed.
After hearing extensive arguments from both counsel on Notice of Motion No. 6303/2024, the plaintiff's counsel submitted that the plaintiff wishes to withdraw the notice of motion with liberty to lead evidence through new/additional witnesses, failing which the court may pass appropriate orders.
The defendant's counsel filed a handwritten say, opposing the plaintiff's request, arguing that the plaintiff had already filed a list of witnesses specifying only Mr. Kishor Kulkarni and therefore sought rejection of the notice of motion with exemplary costs.
ORDER ON NOTICE OF MOTION NO. 6303/2024
This notice of motion was filed for taking additional documents on record, making them exhibits, and allowing the plaintiff to lead further evidence. The plaintiff now seeks to withdraw the notice of motion with liberty to lead evidence through new/additional witnesses.
The issue for consideration is whether this court can grant leave to withdraw this notice of motion with liberty to lead evidence through new/additional witnesses, whose names are not disclosed in the list of witnesses filed by the plaintiff, after the completion of PW-1's evidence.
In a commercial suit, the procedure is governed by the Civil Procedure Code, 1908, as amended, and the Commercial Courts Act, 2015. The plaintiff is duty-bound to file copies of documents relied upon and in their possession, power, control, and custody along with the plaint or within 30 days.
The plaintiff seeks to file copies of emails dated September 22, 2017, and September 28, 2017, sent by the defendant. However, the plaintiff failed to demonstrate how the case comes under the exception to the general rule under Order 11 of the CPC, as applicable to the Commercial Courts Act, 2015.
Therefore, the leave sought by the plaintiff for adducing additional evidence cannot be granted. The prayer for conditional withdrawal of this notice of motion stands rejected.
In light of the above discussion, the notice of motion and the prayer made therein do not survive as not maintainable. Hence, Notice of Motion No. 6303/2024 is also rejected with no order as to costs.
Matter stands Adj for further steps/evidence on 23-07-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Adv. Prakalathan Bathey for plaintiff present through VC.
Representative of defendant/Marketing Manager- Yogesh Gandhi is present.
Plaintiff examined one witness and thereafter NM No.6303/2024 tendered by plaintiff and rejected on 09.04.2025. Yet plaintiff has not filed affidavit of any witness or evidence closing pursis. Only after this court asked advocate for plaintiff what he will be doing then he replied plaintiff will file evidence close pursis on next date. It is a suit of year 2020 and plaintiff is not diligent either to file further affidavit of evidence or evidence close pursis. Hence, evidence of plaintiff is closed. Put up suit for evidence of defendant.
Matter stands Adj to 09-09-2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2025
Date: 09-09-2025
Business: Adv. Abhishek Tilak for plaintiff present through VC.
Kept back.
Later on at 01.45 pm
Adv. Prakalathan Bathey for plaintiff present.
Adv. Devdatta Salvi for defendant present.
Advocate for defendant submit that he need some time for filing evidence affidavit on record. Its a suit of year 2020. Time is granted to defendant to file evidence affidavit on record on next date without fail with a direction that no further time will be granted to file evidence affidavit on record.
Matter stands Adj to 17-10-2025 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: Adv. Naomi Ting for plaintiff present.
Adv. Devdatta Salvi for defendant present.
Exh.42 List of documents filed by defendant. I have gone through it. In this list from Sr. No.2 to 16, 20 to 22 various emails are mentioned but those are not tendered on record.
Exh.43 Evidence Affidavit filed by defendant. O-Seen.
Copy served on other side.
Advocate for defendant submit that he may be permitted to file on record copies of emails which are mentioned as Sr. No.2 to 16, 20 to 22 of list Exh.42. Subject to application filed by defendant in that regard and subject to reply of other side that issue will be addressed.
Matter stands Adj to 15-11-2025 for filing documents on record by defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: Adv. Prakalathan Bathey i/b DMD present for plaintiff.
P.O.A. Yogesh Gandhi of defendant is present.
Kept back.
Later on at 1.25 pm.
Adv. Prakalathan Bathey i/b DMD present for plaintiff.
Adv. Devdatta Salvi present for defendant.
Exh.44- Application filed by defendant for production of documents.
Copy is served upon other side.
List of documents submitted by defendant.
Matter stands Adj to 06-01-2026 for reply on Exh.44.
Next Purpose: REPLY
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: Adv. Tarang Saraogi i/b DMD Advocates for plaintiff present.
Adv. Jayesh Borse for defendant present.
Exh.45 Reply filed by plaintiff to Exh.44.
Copy is served on other side.
Matter stands Adj to 27-03-2026 for argument on Exh.44.
Next Purpose: HEARING
Next Hearing Date: 27-03-2026
Date: 27-03-2026
Business: Adv. Prakalathan Bathey i/b DMD Advocates for plaintiff present.
None present for defendant.
Plaintiff already filed reply to Exh.44.
Kept back for argument on Exh.44.
Later on at 01.10 pm.
Same appearance for plaintiff.
Adv. Devdatta Salvi for defendant present.
Heard Ld. Advocate for defendant and Ld. Advocate for plaintiff.
Order on Exh.44
Defendant moved this application for a permission to tender certain documents on record i.e. emails exchanged between the parties. Plaintiff filed detail reply vide Exh.45. Ld. Advocate for defendant submit that copies of these email are already annexed with Counter claim. As per noting in roznama dt 17.10.2025 liberty was given to defendant to produce these emails on record. No new document is proposed to be filed on record. Hence, Ld. Advocate for defendant submit that Exh.44 may be allowed. Per contra, Ld. Advocate for plaintiff submit that defendant is deliberately misleading the Court and no such liberty was given as argued by Ld. Advocate for defendant. It is not known why defendant failed to file these documents on record at earlier point of time. Hence, Ld. Advocate for plaintiff submit that Exh.44 may be rejected.
Considering rival submissions, I have gone through record and proceeding. It is correct that as per roznama dt 17.10.2025 acting on submissions made by Ld. Advocate for defendant liberty was given to file on record copies of emails. It is an admitted fact that copies of emails are annexed with Counter Claim. Ld. Advocate for defendant submit that data operator of defendant left the job and that is the only reason, these emails could not be filed along with evidence affidavit.
It is evident that defendant is not introducing any new document. No prejudice will be caused to plaintiff even if Exh.44 is allowed as plaintiff will be getting in an opportunity to cross examination defendant witness. Thus, grounds are satisfactory. Exh.44 is allowed. Compilation of documents filed by defendant is taken on record.
Exh.46 Compilation of documents filed by defendant.
Matter stands Adj to 10-06-2026 for further examination in chief and marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2026
Date: 10-06-2026
Business: Adv. Bhagyashree for plaintiff present through VC and prayed for adjournment. O- Granted.
Matter stands Adj to 17-07-2026 for recording evidence.
Later on at 01.25 pm.
Adv. Devdatta Salvi for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-07-2026
Date: 17-07-2026
Business: Adv. Bhagyashree for plaintiff present and filed admission and denial. TOR and marked as Exh.47. Copy served to Mr. Gandhi.
A. R. of defendant Mr. Yogesh Gandhi is present.
Matter stands Adj to 12-08-2026 for argument on marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2026
Date: 12-08-2026
Business: C. A. of defendant present.
Kept back. Later on at 12.10 pm
Adv. Prakalathan Bathey i/b DMD Advocates for plaintiff present.
Adv. Devdatta Salvi for defendant present.
Matter stands Adj to 10-09-2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2026
Date: 10-09-2026
Business: Adv. Prakalathan Bathey for plaintiff present through VC.
None present for defendant.
Matter stands Adj to 14-10-2026 for marking of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-10-2026