Date: 14-02-2020
Business: Called out at 11.27 pm
Adv. Archana Varpe for plaintiff present.
Heard Ld. counsel for plaintiff. O-issue fresh writ of summons to the defendant.
Matter stands Adj for writ of summons to 06.03.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Called out at 11.07 am.
None present for plaintiff and defendant.
Keep Back
Later on at 12.50 pm.
Adv. Archana Varpe for plaintiff present and filed application for re-issue of writ of summons.
Application filed for re-issue of writ of summons. O-issue fresh writ of summons on defendant.
Matter stands Adj for writ of summons to 03.04.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-07-2020
Date: 21-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-08-2020
Date: 25-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-09-2020
Date: 25-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 09.10.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-10-2020
Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23/11/ 2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/9/2020 of this Court.
Matter adjd to 10/12/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 08.01.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-01-2021
Date: 08-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.01.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 23.02.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv.Vaibhav Kamble for plaintiff present.
None present for defendant.
Ld.Adv. seeks time to file writ of summons. Granted as last chance.
Matter adjd to 08.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Adv.Sachin Bhaskar for plaintiff present.
None present for defendant.
Ld.Adv.for the plaintiff seeks time to take steps. Time granted.
Matter adjd to 17.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv.Vaibhav Kamble i/b. Adv.Sachin Bhaskar for plaintiff present.
None present for defendant.
Application for extension of time, Exh.3 filed by adv. of plaintiff t.o.r. O-for reason in application, application is granted.
Matter adjd to 12.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 30.4.2021 steps.
Next Purpose: SERVICE
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 22.06.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 05.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.49 pm
None present for plaintiff.
Adv.Mr.Ashwin Vasist present and filed vakalatnama, Exh.4 on behalf of defendant t.o.r. O-filed.
The defendant wants to file chamber summons for condonation of delay a/w. written statement.
Matter adjd to 10.08.2021 for compliance by defendant.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-08-2021
Date: 13-08-2021
Business: Adv.Gaurav R. Nyaynit for plaintiff present.
Adv.Nitant Sheth a/w.Adv.Ashwin Vasist for defendant present.
The defendant tendered draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r
O-Leave granted to register draft notice of motion.
The defendant tendered draft notice of motion a/w. affidavit in support of draft notice of motion a/w written statement. NM a/w. affidavit t.o.r. Written statement kept for order.
O-Register the NM. Leave granted for same.
Matter adjd to 31.08.2021 for service affidavit of NM\''s and reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: Adv.Vaibhav Kamble h/f.Adv.Sachin Bhaskar for plaintiff present.
None present for defendant.
KB
LO at 12.30 pm
Adv.Vaibhav Kamble h/f.Adv.Sachin Bhaskar for plaintiff present.
Registered NM No.1803/21 and NM No.1804/21 yet not tendered by advocate of defendant. Defendant to comply with the same.
Matter adjd to 23.09.2021 for affidavit of service and compliance as above by the defendant.
Judge
LO at 12.37 pm
Adv.Ashwin Vashishta for defendant present.
Registered NM No.1803/21 and NM No.1804/21 tendered by Adv. of defendant.
Matter adjd to 23.09.2021 for affidavit of service about NMs.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.20 pm
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendant present. She filed affidavit of service, Exh.4 t.o.r.
Matter adjd to 11.10.2021 for NM Reply.
Next Purpose: REPLY
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 05.00 pm
None present.
Matter adjd to 16.10.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: REPLY
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.26 pm,
Adv.Sachin A. Bhaskar for plaintiff present.
Adv.Priyanka Ghosh h/f.Adv.Ashwin Vasista for defendants present.
The plaintiff tendered reply to NM No.1804/21 (delay cond.), Exh.5. Copy of same is received by defendant. Endorsement to that effect is made.
Plaintiff requested for time to file reply to NM No.1803/21.
Matter adjd to 24.11.2021 for hearing on NM 1804/21 and reply to NM 1803/21.
Next Purpose: REPLY
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: None present for plaintiff.
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendants present.
Heard the Ld.Adv.for defendant on NM No.1804/21.
KB for argument of pltff. and reply of pltff on NM No.1803/21.
LO at 12.26 pm,
Adv.Sachin Bhaskar for plaintiff present.
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendants present.
Heard the Ld.Adv.for plaintiff on NM No.1804/21.
The plaintiff requested time for filing reply in NM No.1803/21.
KB for order on NM No.1804/21.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion is allowed.
2. Delay in filing written statement by the defendant is condoned.
3. Written statement filed by the defendant on 13.08.2021 is taken on record and marked as Exh.06.
Matter adjd to 04.12.2021 for reply on NM No.1803/21, statement of truth by the defendant.
Next Purpose: REPLY
Next Hearing Date: 04-12-2021
Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv.Vaibhav Kamble i/b.Adv.Sachin Bhaskar for plaintiff present.
Adv.Priyanka Ghosh i/b.adv.Abhiraj Parab for defendant present.
The plaintiff failed to file reply to NM No.1803/2021, hence, NM 1803/2021 proceeded without reply.
In the roznama dated 24.11.2021, it is mentioned that case is adjourned to 04.12.2021 for statement of truth by the defendant. The defendant has filed it with the written statement. It be read as \''statement of truth by the plaintiff\''.
Matter adjd to 12.01.2022 for NM hearing and statement of truth by the pltff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv. Vaibhav Kamble h/f Sachin Bhaskar present for plaintiff. He intends to file NM for setting aside no reply order.
None present for defendant.
In view of SOP dated 06.01.2022. As no urgency matter adjd to 01.02.2022 for NM hearing.
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 15.02.2022 for NM hearing.
Judge
LO at 12.24 pm,
Adv.Sachin Bhaskar for plaintiff present. He tendered draft notice of motion (setting aside no reply order) a/w. affidavit in support.
O-Leave granted to register draft notice of motion.
The plaintiff also tendered statement of truth, Exh.7 a/w. its copy for defendant. Statement of truth is t.o.r.
The plaintiff also tendered reply in NM No.1803/2021. It is kept for order after order on draft notice of motion (setting aside no reply). The plaintiff also tendered copy of reply to NM 1803/2021 for defendant.
Matter adjd to 15.02.2022 for reply by deft. in NM (setting aside no reply)/hearing of said NM.
Next Purpose: REPLY
Next Hearing Date: 15-02-2022
Date: 15-02-2022
Business: Adv.Sachin Bhaskar for plaintiff present.
None present for defendant.
KB
LO at 12.16 pm,
Adv.Sachin Bhaskar for plaintiff present.
Adv.Ashwin Vashistha h/f.Adv.Abhiraj Parab for defendant present.
The plaintiff tendered registered NM No.460/22 a/w. affidavit in support t.o.r. Copy of same received by defendant with endorsement.
The defendant filed application, Exh.8 raising objection to the statement of truth filed by plaintiff. O-Otherside to say.
Copy of application, Exh.8 is furnished to the plaintiff. Endorsement to that effect is made.
The Ld.Adv.for the deft. filed handwritten reply on NM 460/2022.
Heard both parties on NM 460/2022.
F.R.S.R. following order is passed
Order
1. Notice of Motion No.460 of 2022 is allowed.
2. Order dated 21.12.2021 directing the Notice of Motion No.1803 of 2021 to proceed without reply is set aside
3. The plaintiff is allowed to file reply to Notice of Motion No.1803 of 2021. Accordingly the reply filed by the plaintiff is taken on record and marked as Exh.9.
4. Costs shall follow the event.
5. Notice of Motion No.460 of 2022 is disposed of accordingly.
Matter adjd to 11.03.2022 for hearing on NM 1803/21.
Next Purpose: HEARING
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Adv.Vaishali Kamble h/f.Adv.Sachin Bhaskar for plaintiff present.
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendants present.
KB for NM hearing.
LO at 12.25 pm,
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendants present.
KB
LO at 12.55 pm,
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendants present.
Inspite of repeated call the plaintiff remained absent. No reply filed on Exh.8. Application at Exh.8 to proceed without reply.
Matter adjd to 04.04.2022 for hearing of NM 1803/21 and Exh.8.
Judge
LO at 01.26 pm,
Adv.Sachin Bhaskar for plaintiff present. He is informed about no reply order passed below Exh.8.
Matter adjd to 04.04.2022 for hearing of NM 1803/21 and Exh.8.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv.Vaibhav Kamble for plaintiff present.
None present for defendant.
KB
LO at 12.00 noon,
Adv.Sachin Bhaskar for plaintiff present.
Adv.Priyanka Ghosh h/f.Adv.Abhiraj Parab for defendant present.
The plaintiff filed application a/w. reply in Exh.8 to set aside no reply order dated 11.03.2022 t.o.r and marked as Exh.10. Copy of same is served on the defendant today.
KB
LO at 12.50 pm,
Same appearance.
Adv.of defendant filed handwritten reply on Exh.10 itself.
Heard both parties.
Order on Exh.10-On 11.03.2022, the plaintiff remained absent and failed to file reply on Exh.8. Considering the reasons stated in the application Exh.10, order on no reply passed on 11.03.2022 on Exh.8 is set aside. The reply filed by the plaintiff to Exh.8 is t.o.r. and marked as Exh.11.
Copy of reply is received by the defendant.
Heard both parties on NM No.1803/21 and Exh.8.
KB for order.
LO at 04.00 pm,
F.R.S.R. following order is passed
COMMON ORDER IN NM NO.1803/21 AND EXH.8
1. Notice of Motion No.1803 of 2021 is dismissed.
2. Application exhibit-8 is rejected.
3. Costs shall follow the event.
Matter adjd to 30.04.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-06-2022
Date: 17-06-2022
Business: Adv Vaibhav Kamble present for plaintiff.
Adv Priyanka Ghosh h/f Adv Abhiraj Parab present for defendants and seeks time for filing admission and denial.
Matter adjd to 05.07.2022 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Vaibhav Kamble Present for Plff.
Adv. Priyanka Ghosh Present for Deft.
Adv of plff submitted that, he will be file original documents on next date.
Ex.12.- Adv of deft has filed scan copy of admission denial. It is t.o.r. subject to filing original on next date.
Adj. For filing original admission denial and for Case Management schedule on 27/07/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None Present for Plff.
Adv. Sherya Gosavi Present for Deft.
Ex.13- Adv of deft filed original admission and denial of the document. Copy be served to otherside.
Adj. For Draft issues and CMS on 18/08/2022.
LO 12.45.
Adv. Vaibhav Kamble Present for Plff.
Adj. For Draft issues and CMS on 18/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Vaibhav Kamble Present for Plff.
Adv. Priyanka Ghosh h/f Adv. Abhiraj Parab Present for Deft.
KB LO 12.00.
Adv. Sachin Bhaskar Present for Plff.
Ex.14.Adv of deft has filed draft issues. Seen and filed.
Ex.15 - Issues framed.
Heard adv of both parties on case management schedule. Fixed CMS as under.
On or before
Business.
29/09/2022
Evidence of witnesses of plff. ( Chief and Cross examination)
14/11/2022
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 14/11/2022
Arguments
Adj. For Evidence on 13/09/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Adv. Vaibhav Kamble h/f Adv Sachin Bhaskar Present for Plff.
Adv. Priyanka Ghosh h/f Abhiraj Parab Present for Deft.
Adv of plff seeks time for filing chief examination of PW-1. Granted.
Adj. For Evidence of Plff on 21/09/2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: Adv. Sachin Bhaskar Present for Plff.
Adv. Abhiraj Parab Present for Deft.
Exh.16 Advocate of plaintiff has filed chief examination of PW-1 Arif Murtuza Sayyed. Oath given to witness.
Exh.17 Advocate of plaintiff has filed documents with list.
Documents at Sr. No.3 to 5 filed with list Exh.17 are additional documents which were not filed with plaint. Advocate of plaintiff contended that on next date he is going to file Notice of Motion for leave to produce additional documents.
Case adjourned for marking of documents to 10.10.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Sachin Bhaskar Present for Plff.
Adv. Abhiraj Parab Present for Deft.
Adv of plff has filed draft NM along with affidavit for lieu to file additional document. Leave granted to register NM. Copy served upon otherside.
Adj. For NM returnable on 02/11/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: Adv. Vaibhav Kamble Present for Plff.
Adv. Priyanka Ghosh h/f Adv. Abhiraj Parab Present for Deft.
Adv of plff tendered registered NM 3867/22 along with affidavit.
Adv of deft seeks time to filing reply to NM. Granted.
Adj. For Reply on NM 3867/22 on 25/11/2022.
Next Purpose: REPLY
Next Hearing Date: 25-11-2022
Date: 25-11-2022
Business: None Present for Plff.
Adv. Samiksha Malekar Present for Deft.
Ex.18 - Adv of deft has filed reply to NM 3867/22. Copy be served to otherside.
Adj. For Hearing on NM 3867/22 on 12/12/2022.
LO 12.00.
Adv. Vaibhav Kamble Present for Plff.
Adj. For Hearing on NM 3867/22 on 12/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-01-2023
Date: 02-01-2023
Business: Adv. Sachin Bhaskar Present for Plff.
Adv. Abhiraj Parab Present for Deft.
Heard argument adv of both parties on NM 3867/22.
Adj. For Order of NM 3867/22 on 23/01/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. Archana Varpe Present for Plff.
Ad. Priyanka Ghosh h/f Adv. Abhiraj Parab Present for Plff.
Heard both the sides.
F.R.S.R. following order is passed on NM 3867/22.
ORDER
Notice of Motion No.3867 of 2022 is rejected.
---------------------
In view of above order on notice of motion the document at serial Nos.3 to 5 filed with list Exh.17 are not taken on record. The document at serial Nos.1 and 2 filed with list Exh.17 are not additional documents. Plaintiff had filed those documents with plaint. Thus, document at serial Nos.1 and 2 tentatively marked as exhibit as under.
Exh.19 Board Resolution cum Authority letter dtd.27/9/2018 (colly.)
Exh.20 Invoices.
Case adjourned for cross-examination of PW-1 to 10/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Adv. Vaibhav Kamble ih/f Adv. Sachin Bhaskar Present for Plff.
Adv. Samikasha Malekar h/f Adv. Abhiraj Parab Present for Deft.
PW-1 absent.
Adv of plff contended that there is marriage ceremony of advocate on record on 14.02.2023 and therefore case be adjourned- adj. Granted.
Adj. For Cross examination of PW-1 on 08/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Shri Vaibhav Kamble for plff.present.
Adv.Abhiraj Prarab for deft.present.
Exh. 21 Adv.of plff has filed application for adjournment on the ground that advocate on record is not feeling well. Advocate has given no objection. Adjournment granted.
Case adjd for cross examination of PW No.1 to 23.03.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: Adv. Archana Uarpe for plaintiff present.
Adv. Samiksha Malekar for defendant present.
Exh.22 Adv.of plaintiff has filed application for adjournment. Other side has given say on overleaf of this application. Plaintiff seeks adjournment on the ground that witness is out of town. Record shows that on previous two dates plaintiff has sought adjournment. As such to have an opportunity adjournment granted subject to payment of cost of Rs.500/- to be paid to defendant.
Case adjd for evidence to 18.04.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: Adv. Vaibhav Kamble h/f Sachin Bhaskar for plaintiff present.
Adv. Shivani Bhatiya for defendant present.
Adv.of defendant has contended that she has received cost of Rs. 500/- from Adv.of plff as per order dt. 23.03.2023.
Exh.23 – Adv.of plff has filed application of adjournment on the ground that Adv.on record Sachin Bhaskar is ill.
Exh. 24- Adv. of defendant has filed application for closing evidence of plaintiff and contended that plff is deliberately refusing to make witness available for cross examination without justification.
Application Exh.23 is supported by medical paper regarding ill health of adv of plff. Considering the reason, adjournment granted as a last chance.
Case adjourned for evidence of plaintiff to 22/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: Adv. Archana Varpe for plff present.
Adv. Aiswary Manjrekar h/f Abhiraj Parab for deft present.
Ld adv for the plff submitted that plff wants to challenge the order passed by this court on 23.01.2023. Therefore, matter may kindly be adjourned. Ld. For deft submitted that the adv on record is not available today therefore, he has no objection for adjournment.
O-Adjournment granted to both the sides as last chance.
Adjd.to 21.07.2023 for Recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-07-2023
Date: 21-07-2023
Business: Adv. Moin Choudhary for plaintiff is present.
Exh.26 - Ld advocate of plaintiff filed Vakalatnama on
behalf of plaintiff. O- Filed.
Witness PW-1 is present.
Adv. Abhiraj Parab for defendant is present.
Ld advocate of plaintiff orally prayed adjournment for
for cross examination of PW-1.
O- The roznama reflects that since 10.02.2023 matter is
pending for cross examination of PW-1 and since then,
for one or the other reason, the PW-1 has sought
adjournments. On 2303.2023 adjournment was
granted to the plaintiff subject to payment of costs of
Rs. 500/- which was paid on the next date. Today is the
6th time the plaintiff is praying for adjournment. Hence,
adjournment granted subject to payment of costs of Rs.
1000/- to the defendant on or before next date.
Matter is adj for cross examination of PW-1 to
01/08/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. Mohin Choudhari for plaintiff is present.
Adv. Abhiraj parab for defendant is present.
KB
L.O. at 01.45 p.m.
Same appearance.
Exh.27- Ld. adv for plaintiff filed application for adjournment. O- Other side to say.
Exh. 28- Ld. adv. for plaintiff filed pursis a/w photocopy of draft of appeal filed by the plaintiff against the order passed by this Court.
O-Say filed by other side on Exh. 27 itself. Heard both the sides.
Order Below exh. 27
Today’s application for adjournment on behalf of the plaintiff is his 7th application for adjournment. The matter is pending for his cross examination since 10.02.2023. The plaintiff changed his advocate on the last date. But it appears that the matter is prolonged due to the repeated adjournment applications filed by the plaintiff. The appeal before the Hon’ble High Court is filed on 26.07.2023 and as per the claim of plaintiff, it is listed on 07.08.2023 before the commercial division of Hon’ble High Court. Therefore, considering this fact, an adjournment is hereby granted to the plaintiff subject to payment of costs of Rs. 3000/- to the defendant on or before next date.
Matter is adj for compliance by plaintiff and cross examination of PW-1 to 05/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: None present for plaintiff. Plaintiff’s witness absent.
Adv. Anjali Mayekar h/f. Abhiraj Parab for def. is present and requested to keep back the matter.
KB.. L.O at 03.15 p.m.
Adv. Moin Choudhary for plaintiff is present.
Adv. Abhiraj Parab for def. is present.
Witness is present.
Costs of Rs. 1000/- paid by Ld. adv of plaintiff to the ld. adv of defendant.
Oath is given to the witness.
Cross examination of PW-1 is completed.
Ld. adv of plaintiff submitted that, he wants to obtain leave of the Court for filing evidence affidavit of subsequent witness of the plaintiff.
Matter is adj for steps by plaintiff to 07/10/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Adv. for plaintiff is absent.
Adv. Anjali Malekar for def. is present.
KB..L.O at 01.50 p.m.
Adv. Moin Choudhary for plaintiff is present and tendered draft NM a/w affidavit in support. O- Leave granted to register it. Copy is already served to the other side.
Adv. Anjali Malekar for def. is present.
Matter is adj for NM returnable and NM reply to 02/11/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2023
Date: 02-11-2023
Business: None present for plaintiff.
Adv. Samiksha Mayekar for deft. is present and orally prayed for time to file reply affidavit.
Matter is adj. for NM returnable to 16/12/2023.
L.O at 02.05 p.m.
Adv. Moin Chodhari for plaintiff is present and tendered registered NM No. 3847/2023 a/w affidavit in support. Copy is already served to the other side.
None present for def.
Matter is adj for NM reply to 16/12/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: Not on board. Taken on Board.
Writ received from Hon’ble Bombay High Court regarding the order dt. 07.08.2023 passed in Commercial Appeal from order (S.T.) No. 19984 of 2023 in Commercial Suit No.19 of 2023 pending before this Court. The Hon’ble Bombay High Court has dismissed the Commercial Appeal filed by the original plaintiff against order dt. 23.01.2023 passed in NM No. 3867/2022 in Commercial Suit No. 19/2020.
Alredy adj to 16/12/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: Adv. Moin Choudhary for plaintiff is present.
Adv. Aishwarya Manjrekar h/f Adv. Abhiraj Parab for def. is present and submitted that on the next date he shall file reply affidavit to the NM taken out by the plaintiff.
O- Copy of reply already served to the other side.
On specific oral request of ld. adv of plaintiff matter is adj. for NM reply to 20/01/2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Adv. Moin Choudhary for plaintiff is present.
Adv. Tushar Amberkar h/f Adv. Abhiraj Parab for def. is present and filed reply to NM No. 3847/2023. Taken on record. Copy of the same is already served to the other side.
Matter is adj. for NM hearing to 17/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: None present.
KB.. Later on at 12.10 p.m.
Adv. Moin Choudhary for plaintiff is present and requested for time for NM hearing. O :- Time granted as last chance for NM hearing.
Adv. Aishwary Manjrekar h/f adv. Abhiraj Parab for def. is present.
Matter is adj. fo NM hearing to 07/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-03-2024
Date: 07-03-2024
Business: A.R. of Plaintiff present and requested to KB the matter.
None present for defendant.
Later on at 12.35 p.m.
A.R. of Plaintiff present. His advocate is absent.
Adv. Aishwarya Manjrekar h/f adv. Abhiraj Parab for defendant is present.
Later on at 01.50 p.m.
A.R. of Plaintiff present and submitted that his advocate cannot appear as he is in serious problem.
Adv. Aishwarya Manjrekar h/f adv. Abhiraj Parab for defendant is present and opposed prayer of adjournment
ORDER : The oral prayer of adjournment made on behalf of plaintiff by its A.R. is hereby allowed as last chance. It is hereby made clear that if the Notice of Motion No. 3847 of 2023 is not argued on behalf of plaintiff then it shall be dismissed in default.
Matter is adj. for NM hearing to 30/03/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2024
Date: 30-03-2024
Business: A.R. of plaintiff is present.
Adv. Moin Chaudhary for plaintiff is present.
Adv. Aishwary Manjrekar for def. is present.
Heard both sides on NM.
Matter is adj. for NM order to 04/04/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: Adv. Tejashree Gawade h/f Adv. Moin Choudhary for plaintiff is present.
Adv. Samiksha Malekar for defendant is present.
For the reason separately recorded in NM No. 3847/2023.
Operative part of order.
1. Notice of Motion No.3847 of 2023 is hereby allowed.
2. The document at Sr. No.6 i.e. the legal notice dated 03.11.2018 along with Original RPAD receipt dated 03.11.2018 and Postal on-line track report filed below Exh.17 are hereby collectively marked as Exh.29.
3. No order as to costs.
4. Notice of Motion is hereby disposed off accordingly.
Matter is adj. for recording evidence to 13/06/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Coram: H.H.J. SHRI. V. D. KEDAR, JUDGE, (C.R.No 14)
Matter pertains to C. R. no. 32
Adv. Smt. Tejashree Gawade alongwith A.R. of plaintiff present.
Adv. Abhiraj Parab for defendant present.
Advocate for plaintiff filed Vakalatnama alongwith true copy of resolution dated 01.09.2023 with NOC of previous advocate TOR marked as Exh. 29.
Matter adj. to 29/07/2024 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: A.R. of plaintiff is present and requested to KB the matter.
Adv. Aishwary Manjrekar h/f Adv. Abhiraj Parab for def. is present.
Later on at 12.15 p.m.
Adv. Tejashree Gawade for plaintiff is present.
Exh. 30 - Application alongwith affidavit for withdrawal of suit under Order XXIII, Rule 1 of the CPC. O: Other side to say.
Adv. Aishwary Manjrekar h/f Adv. Abhiraj Parab for def. is present and requested to KB the matter.
Later on at 12.35 p.m.
Adv. Tejashree Gawade for plaintiff is present.
Adv. Aishwary Manjrekar h/f Adv. Abhiraj Parab for defendant is present and orally requested time for filing reply on Exh. 30. O-Time granted as prayed for.
Matter is adj. for reply on Exh. 30 to 09/08/2024.
Next Purpose: REPLY
Next Hearing Date: 09-08-2024
Date: 09-08-2024
Business: Adv. Tejashree Gawade for plaintiff is present.
None present for defendant.
Later on at 12.25 p.m.
Adv. Tejashree Gawade for plaintiff is present.
Adv. Abhiraj Parab for defendant no. 2 is present.
Exh. 30A – Reply to Exh. 30 filed by ld. Adv of defendant no. 2. Copy of the same is served to the other side.
Ld. adv of plaintiff seeks time for hearing on Exh. 30. O: Time granted as prayed for.
Matter is adj. for hearing on Exh. 30 to 02/09/2024.
Next Purpose: HEARING
Next Hearing Date: 02-09-2024
Date: 02-09-2024
Business: Court is Vacant. Hence adjd. to
Next Purpose: HEARING
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Court is vacant hence adj to
Next Purpose: HEARING
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: HEARING
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: The suit is having the age of more then 5 yrs.
Parties are absent.
Adv. Tejashree Gawade present for plaintiff.
Adv. Samiksha Malekar h/f adv. Abhiraj Parab present for defendant.
Exh. 30 B – Affidavit in support of application of Exh. 30 is marked at today.
Following order is passed in Exh. 30.
Operative part of order.
1. The application at Exhibit-30 is rejected.
2. The Suit to proceed further expeditiously in view of the fact that suit is having age more than 5 years.
3. Thus, the application is disposed of accordingly.
Matter is adj. for cross examination of the plaintiff to 12.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: The present suit is having more then 5 yrs. Therefore on top priority of disposal.
Parties are absent.
Adv. Pankaj Singh present for plaintiff.
Exh.31 - Adjournment application filed by ld. Adv of plaintiff.
O- Call say of defendant.
Adv. Samiksha Malekar h/f Adv. Abhiraj Parab present for defendant.
Order Below Exh. 31.
Heard ld. Adv of Adv. Pankaj Singh and Ld. Adv of defendant Adv. Samiksha Malekar who pointed out that on previous date application for withdrawal of suit Exh. 30 is came to be rejected. Cross examination of PW-1 is already over on 05.09.2023. Today matter is for filing affidavit of further evidence if any therefore there is no requirement of plaintiff assuming that auspicious Ramjan is going on hence, payed to reject the application.
After considering rival submissions court is shocked and surprised that after 05.09.2023 no steps have been taken to adduce evidence of further witness hence, application is rejected with costs of Rs. 5000/- the costs is to be paid to the State of Maharashtra. The side of the plaintiff is closed. The defendant is directed to file affidavit of evidence on 18.03.2025 without fail if defendant fail to file affidavit of evidence side of the defendant would be closed.
Authenticated copy of the rozmana be supplied to the both the parties.
Matter is adj. for recording evidence to 18.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2025
Date: 18-03-2025
Business: Parties are absent.
Adv. Pankaj Singh present for plaintiff.
Adv. Tushar Amberkar h/f adv. Abhiraj Parab present for defendant.
Exh.32- Evidence closure pursis filed by ld. Adv of defendant. O-Seen.
Matter is adj. for final arguments to 25.03.2025 at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: Parties are absent.
Adv. Pankaj Singh present for plaintiff.
Adv. Tushar Amberkar present for defendant.
Exh. 33 – Joint pursis field by both the parties. O-Read and Record.
Matter is adj. for settlement to 29.03.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 29-03-2025
Date: 29-03-2025
Business: As per office order No. 142 of 2025, dt. 24.03.2025 HHJ is relieved from duties w.e.f 27.03.2025 (A.N.) to attend special programme on NDPS Act, Prevention of Corruption Act and other subjects to be held on on 28th and 29th March, 2025 at Maharashtra Judicial Academy, Uttan, Thane. Hence, matter is adjourned.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-04-2025
Date: 15-04-2025
Business: Parties are absent.
Adv. Sangita Bhoar h/f Adv. Pankaj Singh present for plaintiff.
Adv. Samiksha Malekar present for defendant.
Matter is adj. for settlement to 16.04.2025.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: A.R. of plaintiff Mr. Aarif Sayyed is present. He tendered Consent Term vide Exh. 34 and stated that payment schedule is reflected in para no. 5 in 10 installments of Rs.75000/- each defendant has to pay on every 25th day on-wards from month of May 25th till 25th February 2026. he also pointed out that he signed the consent terms a/w his advocate. He admit the terms and conditions of consent terms.
Adv. Pankaj Singh h/f Adv. Tejaswi Gawade present for plaintiff. Adv. Samiksha Malekar h/f Adv. Abhiraj Parab present for defendant.
On behalf of defendant Partnership Firm, its partner Narendra Shankar Sathe is present through V.C and informed that settlement is arrived in between parties and Rs. 7,50,000/- is paid to be paid in 10 equal installments of Rs. 75,000/- each commencing from 25.05.2025 to 25.02.2026. The contents of consent terms are true and correct and signed it. Hence, the suit is disposed off in view of consent Term at Exh. 34.
Suit is disposed off.
Consent Decree be drawn up accordingly.
Record and proceeding be sent forthwith to the record room.
Nature Of Disposal: OTHER
Disposal Date: 16-04-2025