Chandrakant Pukhrajji MehtaVsM/s. Fairmacs Shipping and Transport

Date: 09-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.S.R.Kethkar for defendant present.
Advocate for defendant tender vakalatnama.
Matter adjd to 10.01.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Plaintiff absent.
Representative of defendant present.
Adv.for plaintiff absent.
Adv.Ketkar for defendant present.
Plaintiff has failed to tender affidavit of service. Absent today. Defendant appeared in the court on 09.12.2019, failed to tender written statement. Today, defendant is present. However, failed to tender written statement. No adjournment application is on record. Hence, suit is keep for further order on next date.
Matter ajdj to 02.03.2020 for further order.
Next Purpose: ORDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv.for plaintiff absent.
Adv. S.R. Ketkar for defendant present.
In view of order dt.9/12/2019 adv. for def. tender vakaltnama on behalf of defendant. Plaintiff failed to file affidavit of service.  Therefore it was not prove record in which date the def. served the Writ of Summon. Today def. failed to filed W/st.  today also def. fail to file W/s.  adv. for def. present before the court today.  It is submitted that he want to tender W/s soon. He orally requested to grant time.  Oral request is accepted subject to limitation.  If limitation period is over defendant is the solely responsible for the consequences.
Matter adjd to 07/03/2020  for filing W/st.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv. for plaintiff absent.
Adv. Ketkar for defendant present.
As the adv for defendant submitted that adv. for plaitniff is not available.  He requested on behalf of adv. for plaintiff, matter be kept back some time.  Oral request of defendant, matter is KB.
L.O. at 3.00 pm
Adv. for plaintiff tendered affidavit of service-Seen.
Adv. for defendant tendered NM alongwith affidavit - leave is granted to register NM.
Adv. for defendant is directed to tender NM within 3 days.
Adv. for defendant is directed to serve copy of NM to the plaintiff.
Matter adjd to 12/3/2020 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. for plaintiff absent.
Adv.Saket R. Ketkar  for defendant present.
Advocate for defendant tender register notice of motion no. 1039/2020.
As per the endorsement on notice of motion advocate for defendant tender copy of Notice of motion to the plaintiff. However, plaintiff remained absent. Today failed to file reply. Hence, notice of motion no. 1039/2020 is proceeded without reply of plaintiff
Matter adjd to 19.03.2020 for order on notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Adv Ramesh Jain for plaintiff present.
Adv Ketkar for defendant present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 08/04/2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ORDERS
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: As Court is on leave
Next Purpose: NM  ORDERS
Next Hearing Date: 06-11-2020

Date: 06-11-2020
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    09/11/ 2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-11-2020

Date: 09-11-2020
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  12/11/ 2020 for order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
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 05.12.2020 for order on notice of motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: Adv Ramesh Jain for plaintiff present.
None for defendant.
Matter adjd to 21/12/2020 for order on N/M
Next Purpose: NM  ORDERS
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Adv.Saket Ketkar for defendant present.
None for plaintiff.
Heard ld.conusel for defendant .Adjournment for order.
Adjd to 07.01.2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
Adv.S.R. Ketkar for defendant present.
Heard Adv. Mr.Ketkar.
Matter adjd to 12.01.2021 for NM Order.
LO
Adv.Mr.Ramesh Jain for plaintiff present.
Heard Adv.Mr.Ramesh Jain.
Matter adjd to 12.01.2021 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present for plaintiff
Adv.Mr.S.R.Ketkar for defendant present.
Heard.
F.R.S.R. the following order is passed
                   ORDER
1. Notice of Motion No.1039/2020 is allowed.
2. The defendant is permitted to file written statement subject to cost of Rs.1,000/- (Rupees One Thousand only).
3. The cost to be paid to the plaintiff within two weeks from the date of order.
4. Notice of Motion stands disposed of.
LO
Adv.Mr.S.R.Ketkar for defendant present and filed written statement, Exh.2.
Matter adjd to 27.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
Adv.S.R.Ketkar for defendant present.
Matter adjd to 25.02.2021 for statement of truth/admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mr. Ramesh Jain for plaintiff present.
Adv.for defendant absent.
Matter adjd to 10.03.2021 for admission and denial of document and filing of Statement of truth.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: None present for plaintiff.
Adv.S.R. Ketkar for defendant present.
KB
LO
Adv.Ramesh Jain for plaintiff present.
Adv.S.R. Ketkar for defendant present.
With consent of both the advocates matter adjourned.
Matter adjd to 07.04.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 05.05.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 10.06.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 19.06.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 11.08.2021 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.41 pm
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 31.08.2021 for admission and denial.
Reason For Adjournment: court time is over
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.35 pm
None present.
Matter adjd to 23.09.2021 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.50 pm
None present.
KB
LO at 03.24 pm
None present.
       Suit is pending for admission and denial. Parties have failed to file admission and denial. Hence, no admission and denial by the parties.
Matter adjd to 16.10.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
Adv.S.R.Ketkar for defendant present.
          The defendant wants to take steps regarding setting aside the order of no admission and denial.
          Parties to file original documents. Comply with the stage of admission and denial.
Matter adjd to 10.12.2021 for steps.
                                                                                              Judge
LO at 01.45 pm,
Adv.Ramesh Jain for plaintiff present.
Matter adjd to 10.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv.Ramesh Jain for plaintiff present.
Representative of defendant present.
         Read the roznama dated 23.09.2021. Suit is already proceeded without admission and denial. Read the roznama dated 10.11.2021. Defendant inspite of submissions as to steps for setting aside \''no admission and denial\'' order, has failed to take steps hence, suit is adjourned for CMH hearing.  The defendant to make submission whether costs as order on 12.01.2021 in NM 1039/2020 has been paid or not.
Matter adjd to 13.01.2022 for Case management hearing/submission as to compliance of order in NM No.1039/2020.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 05.02.2022 for case management hearing/submission as to compliance of order in NM No.1039/20.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.02 pm,
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for case management hearing/submission as to compliance of order in NM No.1039/20
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for plaintiff.
Adv.S.R. Ketkar for defendant present.
The Ld.Adv.for the defendant submits that costs as per the order dated 12.01.2021 in NM 1039/2020 has been paid to the plaintiff. Suit is on the stage of CMH.
Matter adjd to 07.03.2022 for CMH hearing as the defendant wants inspection of documents.
                                                                                              Judge
LO at 01.03 pm,
Adv.Ramesh Jain present for plaintiff.
Adv.S.R. Ketkar for defendant present.
The plaintiff\''s advocate made endorsement about receipt of cost in view of order dated 12.01.2021. Compliance is noted.
Matter already adjd to 07.03.2022 for CMH hearing as the defendant wants inspection of documents.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.46 pm,
Adv.S.R.Ketkar for defendant present.
Matter adjd to 24.03.2022 at 12.00 noon for case management hearing.
                                                                                              Judge
LO at 01.18 pm,
Adv.Ramesh Jain for plaintiff present.
Matter already adjd to 24.03.2022 for CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adjd to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None present for plaintiff.
Adv.Chaitali Shinde i/b.Adv.Saket Ketkar for defendant present.
KB till 01.30 pm,
LO at 01.00 pm,
Adv.Ramesh Jain for plaintiff present.
KB
LO at 01.50 pm,
Adv.Saket R.Ketkar for defendant present.
KB
LO at 03.00 pm
Adv.Ramesh Jain for plaintiff present.
Adv.Saket R.Ketkar for defendant present.
Adv.of defendant filed draft notice of motion (setting aside) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion. Copy of same is obtained by defendant.
Plaintiff filed handwritten reply on notice of motion.
Heard both the sides on draft notice of motion.
KB for order
LO at 03.55 pm
F.R.S.R. following order is passed
ORDER
1. Draft Notice of Motion is allowed subject to costs of Rs.1,000/-.
2. Order dated 23.09.2021 directing the suit to proceed without admission and denial of the defendant is set aside.
3. Costs shall be paid to the plaintiff.
4. Draft Notice of Motion is disposed of accordingly, it shall be registered for statistical purposes.
Matter adjd to 07.06.2022 for admission and denial by the deft. by compliance of costs/statement of truth by both parties.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None present for plaintiff.
Representative of deft present.
K.B. L.O. at 12.55 p.m.
Adv Ramesh Jain for plff present.
Adv Ketkar for defts present and undertakes to pay the cost amount to plff by way of online mode.
Matter adjd to 30.06.2022 for admission denial.
Next Purpose: REPORT
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: None present.
KB
None Present for Plff.
Adv. S. R. Ketkar Present for Deft.
Representative of Deft Mr. Begam Thappa present.
Ex.03,04 adv of deft has filed statement of truth and admission and denial.
Adj. 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: Adv. Ramesh Jain Present for Plff.
Heard adv of plff on case management schedule. Fixed CMS  as under.
On or before
Business.
20/08/2022
Statement of truth
29/08/2022
Draft issues.
29/08/2022 to 30/09/2022.
Evidence of witnesses of plff. ( Chief and Cross examination)
30/09/2022 to 02/11/2022
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 05/11/2022
Arguments
Adj. For Statement of truth by plff  on 20/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing statement of truth. Granted.
Adj. For Statement of truth on 05/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Adj. For Statement of truth on 28/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Adv of plff has filed draft CS along with affidavit for amendment in plaint. Leave granted to register CS. Copy be served upon otherside.
Adj. For CS returnable on 07/11/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-11-2022

Date: 07-11-2022
Business: None Present for Plff.
Adv. S. R. Ketkar Present for Deft and contended that plff has not served copy of CS 1640/2022.
Adv. Akbar Pindhara Present for Proposed Deft.
KB LO 3.00 pm.
Adv. Ramesh Jain Present for Plff.
Adv of plff has tendered registered CS 1640/22 along with affidavit.
Plff be served copy of CS to deft no.1.
Adj. For Service affidavit and Reply on CS 1640/22 on 30/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: None present for plaintiff.
Adv. Santosh Upadhyay a/w. Robin Nazareth for proposed defendant No.2 present.
Exh.5 Vakalatnama filed by adv. Santosh Upadhyay on behalf of proposed defendant No.2. Seen and filed.
Exh.6 Advocate of proposed defendant No.2 has filed application for direction to plaintiff to supply copy of plaint and documents. Granted.
Case adjourned for compliance of order passed below Exh.6 and reply on CHS 1640/22 and service affidavit to 2.1.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: None Present for Plff.
Adv. Santsoh Upadhyay a/w Robin Nazareth present for proposed deft no.2.
KB LO 12.30 pm.
None Present for Plff.
Adv. Santsoh Upadhyay a/w Robin Nazareth present for proposed deft no.2.
adv of deft no.2 contended that plff has not supplied copy of plaint and document to the proposed deft no.2 as per order below Exh.06.
Adj. For Compliance/ supplying plaint and documents to proposed deft no.2 and Reply on CS 1640/22 and service affidavit on 31/01/2023.
LO 1.00 pm.
Adv. Ramesh Jain Present for Plff.
Adj. For Compliance/ supplying plaint and documents to proposed deft no.2 and Reply on CS 1640/22 and service affidavit on 31/01/2023.
Next Purpose: C/S REPLY
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: Adv. Ramesh Jain for plaintiff present.
Adv Santosh Upadhyay a/w Robin Nagare present for defendant.
Adv. S. R. Ketkar for defendant no.2 present.
Adv. Santosh Upadhaya for Proposed defendant no.2. present.
Copy of plaint and documents already supplied to proposed defendant no. 2 with ch/s in November 2022.
Adv of proposed defendant no.2 seeks time to file reply on ch/s. Granted as last chance to file reply on ch/s.
Case adjd for reply on ch/s  on 24.02.2023 at 1.00 pm.
Next Purpose: C/S REPLY
Next Hearing Date: 24-02-2023

Date: 24-02-2023
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft no.1.
Adv. Santosh Upadhyay Present for proposed deft no.2.
Exh.07,08- Adv of proposed deft no.2 reply to CS 1640/22 along with affidavit. Copy served to otherside.
Adv of plff seeks time to file rejoinder/ hearing on CS. Granted.
Adj. For Rejoinder/ hearing on CS 1640/22 on 28/03/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Adv. Ramesh Jain Present for Plff.
Adv. Saket Ketkar Present for Deft no.1.
Adv. Santosh Upadhaya a/w Adv. Robin Nazreth present for Proposed deft.
Adv of both parties seeks adjournment for hearing. Granted.
Adj. For Hearing on CS 1640/22 on 09/06/2023.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: C/S  HEARING
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: 07.07.2023
43
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 185/2019 in Ch./s. 1640/2022
None present for plff.
None present for deft no. 1
Adv. Santosh Upadhya a/w Robin Nazreth present for proposed deft.
O- Matter is pending since 28.03.2023 for rejoinder by plff to the reply filed by deft no. 2 to Ch/s no. 1640/22. None present for plff. It is hereby made clear that if no rejoinder is filed by the plff on the next date then the Chs no. 1640/22 will be heard finally and will be posted for order.
LO at 1.30 pm.
Adv. S.R. Ketkar for defendant present.
Adjd. to 07.08.2023 for rejoinder by plff and hearing on Chs no. 1640/22.
									Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: Adv. Ramesh Jain  for plaintiff is present.
None present for defendant.
Adv. Santosh Upadhyay  i/b Imex Shippingand Logistics for proposed def. is present.
Ld. adv for proposed def. pointed out that copy of reply to Ch/
S No. 1640/2022 was already supplied in the month of January 23, but today he will supply it again.  Ld. adv. for plaintiff prayed for time to file rejoinder to the reply of proposed def.
O- Time granted as last chance.
By consent of both parties matter is adj for filling of rejoinder to 08/09/2023.
L.O at 01.35 p.m.
Adv. S.R. Ketkar for original defendant is present.
Next Purpose: REJOINDER
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: Adv. Ramesh Jain  for plaintiff is present.
Adv. Santoh Upadhyay a/w Robby  for  proposed def.no.2 is present.
None present for defendant no.1.
Ld. adv for plaintiff prayed for time to file rejoinder to the reply on his Ch/S. Ld. adv of proposed def. pointed out that copy of reply of Ch/S was first served in the month of January 2023 and thereafter again served int eh Court on 07.08.2023.
Heard Ld. adv of plaintiff and adv of proposed def. no.2 on Ch/S No. 1640/2022.
O- Since 28.03.2023 matter is pending for rejoinder to the reply of Ch/S moved by the plaintiff hence, matter to proceed without rejoinder and reply of def no. 1.
Heard Ld. adv of plaintiff and proposed def. no. 2 on Ch/S No. 1640/2022
Matter is adj for order on Ch/S No. 1640/2022 to 18/09/2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Adv. for plaintiff is present.
Adv. Robin Nazareth for def. is present.
Court is busy in recording evidence in Com. Suit No. 459/2020 and other matters on board.  Hence, matter is adjourned.
Matter is adj for Ch/S order to 25/09/2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: As P.O is on leave. Hence, matter is adjourned.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-10-2023

Date: 10-10-2023
Business: None present.
L.O at 12.50 p.m.
Adv. Ramesh Jain for plaintiff is present.
Adv. for def. is absent.
L.O at 03.50 p.m.
Mr. Amit Makwana registered Clerk of adv. of def. no.2 is present.
As court is busy in dictating NM orders and recording evidence in other matters. Hence, matter is adjourned.
Matter is adj for Ch/S order to 17/10/2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: None present.
As Court is busy in other matters.  Regular steno. on leave and other steno. not available.  Hence, adjourned for Ch/S order.
Adjd. to 23/10/2023 for Ch/S order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: None present.
As Court is busy in other matters on board, hence matter is adjourned.
Matter is adj for Ch/S order to 30/10/2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: None present.
KB L.O. at 05.00 p.m.
Adv. Ramesh Jain for plaintiff is present.
None present for defendant and for proposed defendant.
O.-Considering the nature of dispute involved and the issue of raised by the proposed defendant, the ld. advocate for plaintiff and the proposed defendant are requested to file there written notes of arguments on Ch/s No.1640/2022 on the next date.
Matter is adj for compliance to 10-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Santhosh Upadhyay  for proposed  def.no.2 is present and submitted written notes of arguments on Ch/S No. 1640/2022. Taken on record.  Copy supplied to other side.
Ld. adv of plaintiff submitted that he will file written notes on the next date. O- Time granted as last chance.
Matter is adj. for written notes of arguments to 11/12/2023.
Later on at 03.030 p.m.
Adv. S.R. Ketkar for original def. is present.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Santosh Upadhyay for proposed def.no.2 is present.
Ld. adv of plaintiff filed written notes of arguments on Ch/S.
Heard ld. adv of plaintiff and proposed def.no. 2 on Ch/S No. 1640/2022.
Matter is adj. for order on Ch/S No. 1640/2022 to 18/12/2023.
Later on at 01.00 p.m.
Adv. S.R. Ketkar for def. is present.
None present for plaintiff and proposed def.
Heard ld. adv of def.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: None present.
Later on at 05.30 p.m.
As Court is busy in recording cross examination of PW-2 in Commercial Suit No. 467/2020 in the first as well as second session therefore, matter is adjourned.
Matter is adj. for Ch/S order to 08/01/2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: None present.
Court busy in other matters hence, adjourned.
Matter is adj. for  order on Ch/s. No.1640/2022 to 10/01/2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: None present.
Keep Back for Order.
LO at 5.00 pm
As court is busy in other matters and recording evidence in Commercial Suit No. 479/22.
Hence matter is adjourned for Chamber Summons Order to 12.01.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: None for plaintiff.
Adv. Santosh Upadhyay for proposed def. no.2 is present.
KB
Following order is passed in Ch/S No. 1640/2022.
For The Reason Seperately Recorded.
Operative part of order in Ch/S No. 1640/2022.
1. Ch/S No. 1640/2022 is hereby dismissed and disposed off.
2. No order as to costs.
Matter is adj. for statement of truth by plaintiff  to 01/02/2024
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2024

Date: 01-02-2024
Business: None present.
Matter is adj. for statement of truth by plaintiff to 14/02/2024.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 14-02-2024

Date: 14-02-2024

Date: 06-03-2024
Business: None present.
Matter is adj. for filing of statement of truth to 03/04/2024.
Later on at 12.30 p.m.
Adv. Ramesh Jain for plaintiff is present.
Exh.9 - Affidavit of Statement of truth filed by ld. Adv of plaintiff.
Matter is adj. for inspection of documents and for filing of affidavit of admission and denial to 03/04/2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-04-2024

Date: 03-04-2024
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. S.R. Ketkar for def. is present and submitted that matter is pending for filing statement of admission and denial but till today plaintiff has not given inspection of its original documents therefore the defendant is unable to file statement of admission and denial.
ORDER : Last chance is granted to both the sides to take inspection of each others documents and file their respective statements of admission and denials on the next date without fail.
By consent  of both parties matter is adj. for admission denial to 15/06/2024.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
None for defendant.
O- Since April 2024, matter is pending for admission and denial affidavit for both the parties therefore put up the matter for draft issues.
Matter is adj. for draft issues to 29.07.2024.
LO at 12.35 pm.
Adv. Ramesh Jain for plaintiff is present.
Adv. Saket Ketkar for defendant is present.
O- The Ld advocates for both the parties submitted that they are ready for mediation process. Therefore the matter is hereby referred for mediation.
Matter is adj. for Mediation report to 09.08.2024.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 09-08-2024

Date: 09-08-2024
Business: None present.
Mediation report is not received.
Matter is adj. for mediation report to 18/09/2024.
Later on at 12.55 p.m.
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Not on Board. Taken on Board.
Exh. 10- Mediation Report received as failed.
Already Adj. to 18.09.2024.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-09-2024

Date: 18-09-2024
Business: Court is Vacant hence adj. to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: Court is vacant hence adj. to
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-01-2025

Date: 15-01-2025
Business: Parties are absent.
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
The matter is under the caption of mediation.
As per record in the month of July the matter was referred for mediation more then 6 months time has been passed however no report of mediation is received the matter is having the age more than 5 yrs. Hence, inquiry be made with the DLSA as to in which Court is mediation is pending as the court can not take further steps for disposal of suit in accordance with law.
Authenticated copy be supplied to the DLSA.
Later on at 03.30 p.m.
Adv. Ramesh Jain for plaintiff is present.
It is noticed that Mediation report was  received on 04.09.2024 at Exh. 10.
Mediation is failed. Hence matter is kept for further steps.
Matter is adj. for steps to 20.02.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-02-2025

Date: 20-02-2025
Business: Parties are absent.
Adv. Madhuri Shirke h/f adv. Ramesh Jain present for plaintiff and sought time to take steps. O – Granted as a last chance. Else, the suit would stand dismissed in default and for want of positive steps in accordance with law.
None present for defendant.
Matter is adj. for steps to 24.03.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: Parties are absent.
Adv. Madhuri Shirke h/f Adv. Ramesh Jain present for plaintiff who prayed to refer the matter for mediation however parties being not present hence, kept for dismissal else parties are absent and for the reason if failed to appear for referring the matter for meditation before closing hours of the today’s business of the court. If parties remain absent till 05.45 p.m. the suit would stand dismissed in default without further reference of this Court automatically as the age of the suit is more then 5 yrs i.e. 7 yrs
None present for defendant.
Later on at 02.05 p.m.
Adv. Madhuri Shirke h/f Adv. Jain for plaintiff  present.
Adv. Ketkar present for defendant.
Both sides are submitted that settlement talks are going on between the parties. Hence, matter is adjourned for settlement.
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: 10-05-2025

Date: 10-05-2025
Business: Adv Ramesh Jain for plaintiff present.
Adv S. R. Ketkar for defendant present.
Adv for plaintiff filed withdrawal of suit. t.o.r. marked as Exh. 11.  O- Seen.
Terms of compromise. t.o.r. marked as Exh. 12.  O- Seen.
It is submitted that both parties that matter is settled between the parties.  Hence, Commercial Suit 185 of 2019 stands disposed off.  Court fees be refunded as per rules.
Nature Of Disposal: LOKADALAT
Disposal Date: 10-05-2025

NOTICE OF MOTION/101039/2020
CHAMBER SUMMONS/101640/2022

Filing Number: 110917/2019
Filing Date: 07-10-2019
First Hearing Date: 09th December 2019
Decision Date: 10th May 2025
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE