Date: 06-11-2019
Business: Adv. Ashwini Barve for plff present.
Adv. Madhavi for deft no. 2 and 3 present.
None for deft no. 1.
Plaint
VP
Address Memo
List of documents
Original writ of summons duly served upon defendant on 01.11.2019. TOR.
Advocate for deft no. 2 and 3 undertakes to filed VP on behalf on all the defendants.
Hence adjd for filing written statement to 29.11.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: Adv. Ashwini Barve for plff present.
None for defts.
Since defts remained absent, last chance is granted for filing written statement by defts to 13.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Ashwini Barve for plaintiff present.
Adv. Vishal Phal along with Adv. Sunita Sonawane for defendant no. 1present and tendered vakalatnama of deft. no. 1. t.o.r. Its marked at Exh. 6
None for defendants no. 2 and 3.
On oral request of Ld. Adv. for deft. no.1 adjournment granted.
Adjd to 06-03-2020 for WS .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: (BY precipe) (NOB TOB)
Adv. Apurva Kulkarni for defendant present and tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy be served to other side.
Already Adjd to 06-03-2020 for WS and NM Service .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Court is on leave, hence board is discharge.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: As per Order NO. 63 of 2020 dated 14.03.2020 of Hon\''ble Principal Judge, the Suit is already transferred to Court Room No. 1. Record and Proceeding of the suit is already sent to Court Room No. 1. Due to technical issue in CIS system said matter is reflected in this court. Hence it is removed from the Board of Court Room No. 4 and transferred to Court Room No. 1 in CIS.
Already adjd to 19.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 27.07.2021.
Next Purpose: SERVICE
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Adv. S.T. Manek for plaintiff present.
In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 12.08.2021.
Next Purpose: SERVICE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Heard both sides on N/M no.905/20.
ORDER ON N/M NO.905/20
Deft. no.1 has taken out this N/M praying to condone delay in filing written statement.
Ld. counsel Shri. S.T. Manek appearing for the plaintiff submitted that he strongly opposes the N/M moved by deft. no.1 and his objection may be taken on record.
It is submitted on behalf of deft. no.1 that deft. no.1 is a Co-Operative Housing Society. The office bearers of the housing society were changed as per order of the Dy. Registrar dated 28.11.2019. Thereafter, authorized committee took the charge on 10.12.2019. Authorized Committee took out the papers of the present suit on 18.12.2019. It held Special General Body Meeting of the society on 05.01.2020 and passed resolution to contest the suit.
Deft. no.1 is a Co-Operative Housing Society. It has made out sufficient cause for delay in filing written statement. Considering the nature of suit and principles of natural justice, it would be expedient to allow deft. no.1 to contest the suit. However, delay in filing written statement is required to be saddled with costs. In the result, following order.
ORDER
1. N/M No.905/20 is made absolute in terms of prayer clause (a) subject to payment of costs of Rs.2,000/- payable to the plaintiff.
2. N/M No.905/20 is disposed of accordingly.
Deft. no.1 tendered written statement. Copy thereof is served to the adv. For plaintiff. Costs is not paid. Written statement filed by deft. no.1 shall be taken on record after payment of costs.
The matter is adjd for compliance to 16.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv. Bharti Wadkar for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Adv. appearing on behalf of plaintiff submitted that costs is received from deft. no.1.
Exh.7- Written statement of deft. no.1 is taken on record.
O. - Read and recorded.
Adv. For plaintiff tendered draft Ch/sum. Leave to register Ch/sum is granted.
Copy of draft Ch/sum is served to deft. no.1.
The matter is adjd for reply to Ch/sum to 11.10.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Adv. S.T. Manek along with Adv. Dipti Doshi for plaintiff present.
Adv. For plaintiff tendered registered Ch/sum no.1188/21. T.O.R.
The matter is adjd for Ch/sum hearing to 18.10.2021.
L.O. at 03.30 pm.
Adv. Apurva Kulkarni for deft. no.1 present.
Adv. For deft. no.1 filed reply to Ch/sum no.1188/21. T.O.R.
The matter is already adjd for Ch/sum hearing to 18.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. Dipi Joshi for plaintiff present.
Exh.8 - Adv. For plaintiff filed list of documents. T.O.R.
Adv. For plaintiff prayed for adjournment for hearing on Ch/sum. Adjournment is granted.
The matter is adjd for Ch/sum hearing to 11.11.2021.
L.O. at 03.30 pm.
Adv. Sunita Sonawane for deft. no.1 present.
The matter is already adjd for Ch/sum hearing to 11.11.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Adv. S.T. Manek for applicant in Ch/sum/plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Heard arguments of applicant in Ch/sum no.1188/21.
On oral request of Adv. For deft. no.1, the matter is adjd for hearing on Ch/sum to 12.11.2021 at 12.00 noon.
Next Purpose: C/S HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Riddhi Joshi for plaintiff present.
Adv. Sunita Sonawane for deft. no.1 present.
Heard arguments of Adv. For deft. no.1 on Ch/sum No.1188/21.
ORDER BELOW CH/SUM NO.1188/2021
None appeared on behalf of deft. nos.2 and 3. Heard Adv. For applicant in Ch/sum and Adv. For deft. no.1.
2. It is submitted on behalf of applicant that during pendency of the suit, Rajkumar Narang, Proprietor of M/s. Showays Advertisers passed away on 15.06.2021 leaving behind him applicant and her three sons as his legal representatives. By the declaration cum release deed executed by all the legal representatives of the deceased Rajkumar Narang, applicant Yashoda became sole proprietor of the M/s. Showays Advertisers. Therefore, applicant Yashoda Rajkumar Narang is required to be substituted in place of deceased Rajkumar Harnamdas Narang. Cause of action survives. Ch/sum is filed within limitation. By making these submissions, applicant prayed that Ch/sum be made absolute.
3. Deft. no.1, by filing it\''s reply affidavit, strongly resisted the Ch/sum. It is submitted that applicant is not the proprietor of the firm. No document is filed to show that applicant is proprietor of the plaintiff firm. Plaintiff firm is a separate entity carrying on the business and applicant should not have nexus with the business carried out by deceased being sole proprietor of the plaintiff firm. There is no privity of contract between applicant and deft. no.1/society and therefore, cause of action does not survive. Applicant is not entitled to substitute her name as a plaintiff in place of deceased. By making these submissions, deft. no.1 prayed to dismiss the Ch/sum.
4. Considered the submissions advanced on behalf of both the sides. Ld. Counsel for deft. no.1 submits that applicant has not filed on record material to show that she is sole proprietor of the plaintiff firm. She has not filed on record succession certificate or legal heir-ship certificate. She cannot carry on business in the name of plaintiff proprietorship firm. It is further submitted that proprietorship firm is a separate legal entity and therefore, applicant cannot be allowed to substitute in place of deceased plaintiff Rajkumar Narang.
5. The copy of death certificate filed on record shows that Rajkumar Narang passed away on 15.06.2021 and present Ch/sum is taken out by applicant on 16.09.2021. Thus, Ch/sum is filed within limitation.
6. As per title cause of the plaint, suit is filed on behalf of M/s. Showays Advertisers, proprietary concern of Mr. Rajkumar Harnamdas Narang. Thus, suit is filed by Mr. Rajkumar Harnamdas Narang being sole proprietor of the proprietary concern. A sole proprietorship is an unincorporated entity that does not exist apart from it\''s sole owner. The documents on record show that sole owner passed away. Applicant is claiming to be legal representative of the sole owner. Suit is for declaration regarding the agreement executed between deceased plaintiff and deft. no.1. Considering the avernments in the plaint, cause of action survives. It is well settled that for deciding present Ch/sum, Court is not required to go into merits of the case. As discussed supra, Ch/sum is filed well within limitation. Cause of action survives. Therefore applicant, being legal representative of the deceased plaintiff, is required to be made a party as she is entitled to proceed with the suit. Hence, following order.
ORDER
1. Ch/sum No.1188/2021 is made absolute in terms of prayer clause (a).
2. Applicant shall carry out necessary amendment within 14 days. Applicant is further directed to file amended plaint.
3. No order as to costs.
4. Ch/sum No.1188/2021 is disposed of accordingly.
The matter is adjd for compliance to 25.11.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv. Joshi for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
As per roznama dated 06.11.2019, Adv. Madhavi appeared on behalf of deft. nos.2 and 3 and undertook to file V/P. But, deft. nos.2 and 3 failed to appear thereafter.
As per original writ of summons (Exh.5), deft. no.2 and 3 are served with writ of summons. Deft. nos.2 and 3 failed to file their written statement. Therefore, suit to proceed without written statement of deft. nos.2 and 3.
The matter is adjd for inspection of documents and admission and denial to 20.12.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv. Joshi for plaintiff present.
Adv. Sunita Sonawane for deft. no.1 present.
By consent, the matter is adjd for admission/denial to 18.01.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Joshi for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for admission/denial to 10.02.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Diti Joshi for plaintiff present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for admission denial to 04.03.2022.
Later on - at 11.45 a.m.
Adv. Apurva Kulkarni for deft. no.1 present.
The matter is already adjd. for admission denial to 04.03.2022
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None for plaintiff.
Adv. Sunita Sonawane for deft. no.1 present.
Adv. For deft. no.1 submitted that plaintiff has not provided inspection of the documents inspite of repeated email correspondence with plaintiff\''s advocate. She sought time for filing affidavit of admission/denial. For the reasons stated by Ld. Counsel for deft. no.1, adjournment as prayed for is granted.
The matter is adjd for admission/denial to 23.03.2022.
L.O. at 11.45 am.
Adv. Joshi for plaintiff present.
The matter is already adjd for admission/denial to 23.03.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present. She submits that till today, plaintiff has not provided inspection of documents and therefore, she is not able to file affidavit of admission and denial. Considering the reason mentioned by Adv. For deft. no.1, adjournment is granted for today.
The matter is adjd for admission/denial to 11.04.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Exh.9 - Adv. For deft. no.1 filed statement of admission and denial along with affidavit. T.O.R.
Exh.10 - Adv. For deft. no.1 filed application for production of documents.
O.- Other side to say.
Copies of above documents are supplied to Adv. For plaintiff.
The matter is adjd for say on Exh.10 and affidavit of admission and denial of plaintiff to 13.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None for plaintiff.
Adv. Apurva Kulkarni for deft. no.1 present.
K.B.
L.O. at 11.30 am.
Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Exh.11 - Adv. For plaintiff filed application for production of documents.
O. - Other side to say.
Copy of application is served to Adv. For deft. no.1.
The matter is adjd for filing say on Exh.10 and 11 to 05.07.2022.
Next Purpose: REPLY
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None for plaintiff.
Adv. Vedanti Mhatre for deft. no.1 present.
Exh.12 - Adv. For deft. no.1 tendered reply to application (Exh.11). T.O.R.
The matter is adjd for hearing on Exh.10 and 11 to 14.07.2022.
L.O. at 12.00 noon.
Adv. Diti Doshi h/f. Adv. S.T. Manek for plaintiff present.
Exh.13 - Adv. For plaintiff tendered statement of truth. T.O.R.
Exh.14 - Adv. For plaintiff filed reply to Exh.10. T.O.R.
The matter is already adjd for hearing on Exh.10 and 11 to 14.07.2022.
Next Purpose: HEARING
Next Hearing Date: 14-07-2022
Date: 14-07-2022
Business: Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Both parties sought time for hearing on Exh.10 and 11. Time as prayed for is granted.
The matter is adjd for hearing to 01.08.2022.
Next Purpose: HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Heard both sides on Exh.10 and 11.
K.B. L.O. at 03.25 pm.
COMMON ORDER BELOW EXH.10 AND 11
Application at Exh.10 is filed by defendant no.1 seeking leave of this Court for production of documents, whereas, application at Exh.11 is filed by plaintiff praying permission for production of documents.
2. Deft. no.1 submits that initially, suit was registered as a regular civil suit and thereafter, it was transferred to the Commercial Court. Therefore, at the time of filing written statement, deft. no.1 did not follow provisions of the Commercial Courts Act. Deft. no.1 sought production of certain documents. Plaintiff filed reply at Exh.14 to application Exh.10. Plaintiff has admitted documents at Sr. nos.2 to 4. However, it has denied documents at Sr. no.1 and serial nos.5 and 6. Document at Sr. no.1 is a true copy of the resolution of the defendant no.1 society. Documents at Sr. nos.5 and 6 are the copies of the order passed by Dy. Registrar, Co-Operative Society. No prejudice would cause to the plaintiff by production of these documents. Therefore, application for production of documents (Exh.10) deserves to be allowed.
3. Plaintiff submits that it has filed the documents upon which claim is based. However, certain ancillary documents remained to be filed. Plaintiff prayed permission for production of documents mentioned in the application. Deft. no.1, by filing reply at Exh.12, resisted the application. It is submitted that application is not filed in the prescribed format. Plaintiff failed to show reasonable cause for non-filing of documents along with plaint. Deft. no.1 submits plaintiff has not filed these documents deliberately along with the plaint. As per Order 11 Rule 4 and 5 of C.P.C., plaintiff was required to file all documents in its possession along with plaint. By making these submissions, deft. no.1 prayed to reject the application.
4. Suit was not registered as a Commercial Suit. It was registered as a Short Cause Suit. Suit was later on transferred to the Commercial Court. Both parties have not filed statement of truth along with their pleadings. Deft. no.1 is also seeking production of certain documents. Therefore, in the interest of justice, it would be just and proper to also allow plaintiff to file documents mentioned in the application. Hence, following order.
ORDER
1. Plaintiff is permitted to file documents mentioned in application (Exh.11).
2. Defendant No.1 is permitted to file documents mentioned in application (Exh.10).
3. No order as to costs.
4. Applications at Exh.10 and Exh.11 are disposed of accordingly.
The matter is adjd for inspection to 19.08.2022.
Next Purpose: FOR___________________
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Bharti Wadkar h/f. Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Exh.15 - Adv. For deft. no.1 tendered list of documents as per order below Exh.10. T.O.R.
K.B.
L.O. at 12.05 pm.
Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Exh.16 - Adv. For plaintiff tendered list of documents as per order below Exh.11. T.O.R.
The matter is adjd for admission and denial to 14.09.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. S.T. Manek for plaintiff present.
Adv. Apurva Kulkarni for deft. no.1 present.
Both parties submit that they have taken inspection of the documents of other side and sought time for filing affidavit of admission and denial. Time as prayed for is granted.
The matter is adjd for filing affidavit of admission and denial to 04.10.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: Court is vacant
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-11-2022
Date: 09-11-2022
Business: The court is vacant.
Hence, matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: As court is vacant
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: The court is vacant
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is Vacant. Matter is adjourned to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-04-2023
Date: 19-04-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-07-2023
Date: 06-07-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: Showays V/s Suman
Matter received under transfer from Court Room No.14.
Adv. S. T. Manek present for plaintiff.
Adv. Aarti Saundankar h/f Adv. Sunita Sonawane present for defendant.
As Court is on leave, matter adjourned.
Matter adjourned to 14.09.2023 for Admission/Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: M/s. Showays Advertisers Vs Suman Co operative
Adv. Reshma Saluke present for plaintiff.
Adv. Mihir Paste present for defendant No.1.
Exh.17 - Admission / denial filed by plaintiff.
Exh.18 - Affidavit in support of admission / denial.
Exh.19 - Admission / denial filed by defendant No.1.
Exh.20 - Affidavit in support of admission / denial.
Hence, issues are being framed.
Exh.21 - Issue, Case Management Hearing.
Case Management Hearing
Issues are framed today. Accordingly, Order regarding Case Management Hearing is passed
1)
Parties to submit list of witnesses by next date.
2)
After submitting list of witnesses, parties, within next 30 days, to file evidence-affidavits of all witnesses.
3)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from plaintiff side.
4)
Thereafter, within next 30 days, the plaintiff and defendants to conclude examination-in-chief and cross examination of all witnesses from defendant side.
5)
Thereafter, parties shall conclude their arguments within two weeks.
6)
All parties to note, if they failed to comply this Order of Case Management Hearing, consequences provided in Order XV-A Rule (8) will follow.
Matter adjourned to 31.10.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-10-2023
Date: 31-10-2023
Business: Showayas Advertisers V/s Suman Co -operative Housing Society
Adv. Reshma Salunke present for plaintiff.
Adv. Mihir Paste present for defendant No.1.
Exh.22 - List of witness filed by plaintiff.
Exh.23 - List of witness filed by defendant.
Case adjourned to 30.11.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2023
Date: 30-11-2023
Business: Showays Advertisers V/s Suman Co-opearative Housing
Adv. Reshma Salunke present for plaintiff.
Plaintiff witness absent.
Adv. Mihir Paste present for defendant.
Plaintiff is seeking oral adjournment to lead evidence by next date.
Not objected by defendant.
Case adjourned to 15.02.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: Adv. Ashok Gupta h/f. Adv. Pawan Pandey for plaintiff present.
Adv Mihir Pashte h/f. Adv. Sunita Sonawane for defendant present.
K. B.
L. O. at 12.10 p.m.
Same appearance for plaintiff and defendant.
Plaintiff present.
He filed VP. TOR. Marked as Exh.24. O-Seen.
Matter stands Adj for filling Evidence on 11.06.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2024
Date: 11-06-2024
Business: Reprepresentative of plaintiff Co. present.
Adv Mihir Pashte h/f Adv Sunit Sonawane for defendant no. 1 present.
KB
LO at 12.43 pm
Adv Ashok Gupta h/f Dr. Pawan Pande for plaintiff present.
Same appearance for defendant no. 1.
PW 01 Akash Narang present.
Ld. Adv for plaintiff filed affidavit of examination-in-chief of PW 01. t.o.r. marked as Exh. 25. O- R and R.
He also filed list of documents. t.o.r. marked as Exh. 26.
O- Seen. Copy of Exh. 25 and Exh. 26 supplied to other side.
Oath administered to the witness.
He admits the contents of affidavit of examination-in-chief as true and correct. It bears his signature.
LO at 1.48 pm
Ld. Adv for plaintiff filed an application for permission to return original copy of Shop and Establishment license. t.o.r. marked as Exh. 27. O- Other side to say.
Matter stands Adj for marking of documents of plaintiff on 08/07/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-07-2024
Date: 08-07-2024
Business: Adv Ashok Gupta for plaintiff present.
Matter stands Adj for Arguments on 12.08.2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2024
Date: 12-08-2024
Business: Adv Ashok Gupta for plaintiff present.
Adv Mihir Pashte for defendant no. 1 present.
Ld. Adv for plaintiff filed list of witnesses. t.o.r. marked as Exh. 28. O- Seen. Copy supplied to defendant no. 1.
Ld. Adv for plaintiff not pressed the Exh. 28 as earlier list of witnesses is on record.
The matter already proceeded ex-parte against defendant no. 2 and 3 on 25/11/2021.
Matter stands Adj for Reply (Exh. 27) and marking of documents of plaintiff on 10/09/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: Adv Ashok Gupta for plaintiff present.
Adv. Mihir Pashte for defendant No.1 present.
Defendant Nos.2 and 3 already Ex-parte.
On oral request matter stands Adj for Reply on Exh.27 and Marking of Documents on 17.10.2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-10-2024
Date: 17-10-2024
Business: Adv Ashok Gupta for plaintiff present.
Adv Neeraj Borate for defendant no. 1 present.
He filed reply to Exh. 27. t.o.r. marked as Exh. 27A. O- Seen. Copy supplied to other side.
Heard both side on Exh. 27.
F. R. S. R. following order is passed -
Order
1. Application Exh.27 is hereby allowed.
2. The original document be returned on furnishing verified photocopy of the same with the undertaking that it will be produced by the plaintiff as and when required by this Court.
3. Application Exh.27 is stands disposed off accordingly.
4. No order as to costs.
Matter stands Adj for Admission and Denial on 21/11/2024.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: None present for plaintiff.
Adv Niraj Borate for defendant no. 1 present.
KB
LO at 12.02 pm
Representive of plaintiff Co. present.
Adv Ashok Gupta for plaintiff present.
Same appearance for defendant no. 1.
Adv for defendant submits that he has already filed statement of Admission and Denial on previous date. Hence, it is taken on record and marked as Exh. 29. O- Seen.
Matter stands Adj for marking of documents of plaintiff and filing evidence of defendant on 23/12/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: Adv Ashok Gupta for plaintiff present.
Adv Neeraj Borate for defendant no. 1 present.
Witness absent.
Matter stands Adj for marking of documents on 27/01/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-01-2025
Date: 27-01-2025
Business: P. O. is on Leave.
Adv Ashok Gupta for plaintiff present.
Adv Niraj Borate for defendant no. 1 present.
Matter stands Adj for marking of documents of plaintiff and filing evidence of defendant no. 1 on 20/02/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: P. O. is on Leave.
Adv Ashok Gupta for plaintiff present.
Adv Niraj Borate for defendant no. 1 present.
With consent of both parties, matter stands Adj for filing evidence of defendant no. 1 on 08/04/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2025
Date: 08-04-2025
Business: None present for plaintiff.
Adv Mrunal Mulye for defendant no. 1 present.
She filed VP. t.o.r. marked as Exh. 30. O- Seen.
KB
LO at 1.13 pm
Plaintiff present.
Adv Ashok Gupta for plaintiff present.
Same apperance for defendant no. 1.
Matter stands Adj for marking of documents of plaintiff and filing evidence of defendant no. 1 on 11/06/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2025
Date: 11-06-2025
Business: P. O. is on Leave.
Representative of plaintiff Co. present.
Adv Mrunal Mule for defendant no. 1 present.
Matter stands Adj for Evidence on 10/07/2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-07-2025
Date: 10-07-2025
Business: Adv Ashok Gupta for plaintiff present.
Adv Mrunal Mulye for defendant present.
She filed draft notice of motion with supporting affidavit. TOR. O- Leave to register is granted.
Copy served on other side.
Matter stands Adj for NM reply on 11.08.2025.
Next Purpose: REPLY
Next Hearing Date: 11-08-2025
Date: 11-08-2025
Business: Adv Pawan Pande for plaintiff present through VC and Adv Sanchit Oza present in Court hall.
Adv Mrunal Muley for defendant no. 1 present.
She tendered registered NM 3986/2025. t.o.r. O- Seen.
Matter stands Adj for NM Reply on 17/09/2025.
Next Purpose: REPLY
Next Hearing Date: 17-09-2025
Date: 17-09-2025
Business: P. O. is on Leave.
Adv Sanchit Ozha for plaintiff present.
Adv Mrunal Mulye for defendant no. 1 present.
Matter stands Adj for NM Reply on 28/10/2025.
Next Purpose: REPLY
Next Hearing Date: 28-10-2025
Date: 28-10-2025
Business: Matter pertains to C. R. No. 14.
Adv Sachin Oza for plaintiff present.
He filed reply Notice of Motion 3986/25 t.o.r. O- Seen.
Copy to be served defendant.
Matter stands Adj for NM Hrg. on 19/11/2025.
Next Purpose: REPLY
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: Court is not Sitting.
Next Purpose: REPLY
Next Hearing Date: 19-12-2025
Date: 19-12-2025
Business: Court is not sitting.
Next Purpose: REPLY
Next Hearing Date: 24-02-2026
Date: 24-02-2026
Business: Court is not sitting.
Next Purpose: REPLY
Next Hearing Date: 08-06-2026
Date: 08-06-2026
Business: Court is not sitting.
Next Purpose: REPLY
Next Hearing Date: 10-08-2026
Date: 10-08-2026
Business: P. O. is on training.
Next Purpose: REPLY
Next Hearing Date: 16-09-2026
Date: 16-09-2026
Business: Matter pertains to Court Room No.14.
NOB TOB
Adv Aishwarya Kadam for plaintiff present and filed Praecipe. T.O.R. marked as Exh.31. O-Allowed.
She also filed affidavit of service. T.O.R. marked as Exh.32. O-Seen.
He also filed draft Notice of Motion alongwith supporting affidavit. T.O.R. O-Leave to register is granted.
Matter already adjourned to 23.09.2026 for NM register/Service.
Next Purpose: SERVICE
Next Hearing Date: 23-09-2026