Order Details: Other Pdf Text: 1 IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SUMMARY JUDGMENT NO. 07 OF 2021 IN COMMERCIAL SUIT NO. 263 OF 2019 Universal Builders ) Through its proprietor ) Mr. Sultan Ahmed Qureshi ) Having address at 505, ) Sane Guruji Marg Silver Arch ) Ground Floor, Gora Gandhi ) Compound, Tardeo, ) Mumbai 400 034 )......Plaintiff Vs. Azad Amarchand Jain ) Age Adult, Occupation: Not Known ) Residing at Flat No.705, Silver…
Commercial Suit
Universal BuildersVsAzad Amarchand Jain
CNR MHCC01010353201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd March 2024
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 100263/2019
- Registration Date
- 18 Dec 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 27-01-2020
Business: Plaintiff and adv. absent
None for deft.
Adv for plff absent failed to take steps.
Matter adjd to 29/1/2020 for order.
Next Purpose: ORDER
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: Plaintiff present.
Adv. Sanjay Shinde for plaintiff present.
Adv. for defendant absent.
Advocate for plaintiff tender application for issuance of writ of summons - Allowed.
Matter adjd to 12.02.2020 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Plaintiff present.
Adv.Sanjay Shinde for plaintiff present.
Adv. for defendant absent.
Matter adjd to 24.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2020
Date: 24-02-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Plaintiff present. Defendant present. Their adv. absent.
Matter adjd to 7/4/2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: COURT IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
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 26/11/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Plaintiff and his advocate are absent.
Plaintiff failed to file original document @ plaint and also failed to file statement of truth.
Defendant Azad Jain (in person) is present.
In person tender written statement without any document and statement of truth.
Written statement is taken on record subject to question of limitation.
Matter adjd to 15.12.2020 for taking steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-12-2020
Date: 15-12-2020
Business: Adv. Sanjay Shinde for plaintiff present.
None for defendant.
Defendant inperson is directed to serve copy of written statement to the plaintiff.
Plaintiff is directed to tendered necessary document alongwith statement of truth on next date positively.
Adjd to 20.01.2021 for compliance and Steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Defendant in person present
Adv. Sanjay Shinde for plaintiff present.
Matter adjd to 06-02-2021 for filing statement of truth.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv.Sanjay Shinde for plaintiff present.
Defendant in person present.
KB
LO
Adv.Sanjay Shinde for plaintiff present.
Affidavit of service, Exh.4 filed by Adv. of plaintiff t.o.r. O-filed.
Statement of truth, Exh.5 t.o.r. O-filed.
List of documents, Exh.6 t.o.r. O-filed.
Matter adjd to 17.02.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv.Sanjay Shinde for plaintiff present.
Defendant in person present.
Defendant in person filed admission in denial, Exh.7 t.o.r.
Matter adjd to 04.03.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: None present for plaintiff.
Defendant present.
Statement of admission or denial is not filed by plaintiff and defendant.
Matter adjd to 20/03/2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: BY PRECIPEE
Adv.Rohit Velekar h/f. Adv.Sanjay Shinde for plaintiff present and filed application for matter taken on today\''s board. O-Allowed.
Ld.Adv. for plaintiff submits that the Roznama dated 04.03.2021 has some typographical error. He seeks to correct them. Ld.Adv. for plaintiff was present but he shown as absent. The plaintiff had filed applications Exh.8 and Exh.9 in the present suit but instead are shown filed in Commercial Suit No.264/2019. The Roznama therefore corrected as follows.
LO
Adv.Sanjay Shinde for plaintiff present.
The Ld. Advocate for the plaintiff filed application Exh.08 for summary judgment alongwith affidavit Exh.09 t.o.r.
O- Put up for say.
Plaintiff to serve the copy of application Exh.08 on the defendant.
Matter adjd to 20/03/2021 for say on application Exh.08.
Next Purpose: REPLY
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv.Rohit Verekar for plaintiff present.
None present for defendant.
KB
LO
Adv.Rohit Verekar for plaintiff present.
Matter adjd to 01.04.2021 for say on application Exh.8 and argument on summary judgment.
Next Purpose: REPLY
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: Defendant in person is present. He filed say on exh. 8. TOR
None for plaintiff.
KB. LO at 3.15 P.M.
None present.Adjourned to 3.4.2021 for argument on summery
Judgment/order
Next Purpose: REPLY
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.04.2021 for Order/Argument on summary judgment.
Next Purpose: ORDER
Next Hearing Date: 06-04-2021
Date: 06-04-2021
Business: None present for plaintiff.
Defendant Mr.Azad Jain in person present.
Matter adjd to 17.04.2021 for argument/order.
LO
Adv.Sanjay Shinde for plaintiff present.
Matter adjd to 17.04.2021 for argument/order.
Next Purpose: ORDER
Next Hearing Date: 17-04-2021
Date: 17-04-2021
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 22.04.2021
Next Purpose: ORDER
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 16.06.2021 for argument on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-06-2021
Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 07.07.2021 for hrg. on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
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 19.07.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 03.08.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: Adv. Sanjay Shinde for Plaintiff present.
None present for defendant.
The plaintiff obtained copy of Exh.11 filed by the defendant.
IT appears that the plaintiff has taken out SJ at Exh.8, it required be registered separately. Hence order on Exh.8- Leave granted to register SJ.
The defendant has filed reply / appln. Exh.10. Copy of same is not supplied to the plaintiff. hence the defendant to comply with the same.
Adjd. for compliance/SJ hearing by the defendant to 27/8/2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-08-2021
Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.25 pm
Adv.Sanjay Shinde for plaintiff present.
Defendant in person absent.
The defendant has not complied with the direction of supply of copy of Exh.10 to the plaintiff. Today also, the defendant is absent. Inspite of this fact the plaintiff is filing today the rejoinder, Exh.12 and additional documents, Exh.13 a/w. copies for defendant. Rejoinder is taken on record. The defendant to file say if any on the document file at Exh.13.
Matter adjd for say on Exh.13, hearing of SJ on 04.09.2021.
Judge
LO at 01.14 pm
Adv.Sanjay Shinde for plaintiff present.
Defendant Azad Jain in person present. He furnished copy of Exh.10 to the plaintiff. Endorsement to that effect is made by the plaintiff below Exh.10.
Copy of additional list of documents and affidavit in rejoinder given to defendant. Endorsement to that effect is made by the defendant below the same.
Matter adjd for say, if any, on Exh.13 by the defendant and hearing of SJ on 04.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: Adv.Sanjay Shinde for plaintiff present.
Defendant in person present.
The defendant tendered application, Exh.14 to submit additional documents. Copy of same is furnished to the plaintiff. Endorsement to that effect is made by the plaintiff on application Exh.14.
The defendant tendered the rejoinder, Exh.15. O-filed. Copy obtained by the plaintiff. Endorsement to that effect is made by the plaintiff on Exh.15.
The defendant tendered an application, Exh.16 requesting to keep this matter after 01.00 pm or on Saturday t.o.r. O-Plaintiff to say.
Copy of same is furnished to the plaintiff. Endorsement to that effect is made by the plaintiff on application Exh.16.
KB
LO at 12.48 pm
Same appearance.
The plaintiff filed affidavit-in-reply on Exh.11 (list of documents), list a/w.Exh.14 and on application, Exh.16.
Matter adjd to 29.09.2021 at 01.00 pm for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None present for plaintiff.
Adv.Ansul Bhuta present and filed vakalatnama, Exh.17 for Bhuta and Associates on behalf of defendant t.o.r.
KB as matter is scheduled at 01.00 pm
LO at 01.28 pm
Adv.Aditya Pawar h/f. Bhuta and Associates for defendant present.
The matter is fixed today for SJ hearing. The defendants advocate submits that vakalatnama on behalf of defendant is filed today. Hence, time may be granted.
Matter adjd to 22.10.2021 for hearing of SJ.
Judge
LO at 02.00 pm
Adv.Sanjay Shinde for plaintiff present.
Matter adjd to 22.10.2021 for hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: None present for plaintiff.
Adv.Aditya Pawar i/b.Bhuta and Associates for defendant present.
Adjournment application, Exh.18 filed by Adv. of defendant t.o.r.
O-Otherside to say.
KB for say of plaintiff.
LO at 01.02 pm,
Adv.Sanjay Shinde for plaintiff present.
Adv.Aditya Pawar i/b.Bhuta and Associates for defendant present.
Say given by Adv. of plaintiff on Exh.18.
Order on Exh.18-Adjournment granted.
Matter adjd to 16.11.2021 for Hearing on summary judgment 07/21.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Sanjay Shinde for plaintiff present.
Adv.Asha Bhuta i/b.Bhuta and Associates for defendant present.
KB
LO at 01.16 pm,
Adv.Sanjay Shinde for plaintiff present.
Adv.Asha Bhuta i/b.Bhuta and Associates for defendant present.
Heard both the sides on SJ No.07/21.
Matter adjd to 30.11.2021 for order on SJ No.07/21.
Next Purpose: ORDER
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.02 pm,
None present.
As Court is busy in dictating order in summons for judgment No. 64/2020, 363/18, NM No.2506/21, 2507/21, hence, adjd to 10.12.2021 on order.
Next Purpose: ORDER
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv.Sanjay Shinde for plaintiff present.
None present for defendant.
As other alongwith matters are kept on 21.12.2021, hence, matter adjourned 21.12.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.14 pm,
Adv.Sanjay Shinde for plaintiff present.
As similar matter is kept on 15.01.2022, hence adjourned.
Matter adjd to 15.01.2022 for order on sum. judg.07/21.
Next Purpose: ORDER
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None present for plaintiff.
None present for defendant.
As similar matter is scheduled on 04.02.2022, hence, adjourned to 04.02.2022 for order in Summary Judgment.
Next Purpose: ORDER
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Ms. Anjali Benjola h/f Adv. Shinde for the plaintiff is present and requested date.
In view of SOP dated 6.1.2022, matter adjd to 17/02/2022 for order.
Next Purpose: ORDER
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.00 pm,
None present.
ORDER BELOW EXH.11 AND EXH.13
Production is allowed.
F.R.S.R. following order is passed
ORDER IN APPLICATION FOR SUMMARY JUDGMENT NO.07/21
1.The application for Summary Judgment No.07 of 2021 is dismissed.
2. Costs shall follow the event.
Matter adjd to 08.03.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: None present for plaintiff.
Adv.Ms.Memon i/b.Bhuta and Associates for defendant present.
On oral request of the defendant adjd for admission and denial.
Matter adjd to 24.03.2022 for admission and denial.
Judge
LO at 12.40 pm,
Adv.Anjali Binjola h/f.Adv.Sanjay Shinde for plaintiff present.
Matter adjd to 24.03.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adjd to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None present for plaintiff.
None present for defendant.
Both parties absent. Admission and denial are not filed. Keep for order against both parties.
Matter adjd to 07.06.2022 for order.
Judge
LO at 12.30 pm,
Adv.Anjali Binjola h/f.Adv.Sanjay Shinde for plaintiff present.
Adv.Rahila Memon i/b.Bhuta and Associates for defendant present.
The plaintiff filed application requesting to refer the suit for mediation t.o.r. and marked as Exh.19.
Copy of application is furnished to the defendant.
Considering the submission of plaintiff in the application Exh.19 case is referred to mediation.
Matter adjd to 07.06.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv Anjali Binjola present for plaintiff.
Adv Rahila Menon i/b Bhuta and Asso. present for defendants.
Matter adjd to 29.06.2022 for mediation report.
Judge
L.O.at 4.00 p.m.
Mediation report received, as mediation failed.
Admission and denial are not filed. Keep for order against both parties.
Matter is adjd. for order to 29.06.2022.
Next Purpose: ORDER
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Adv. Anjali Binchola Present for Plff.
Adv. Ms. Rahila Memon Present for Deft.
Adj. For statement of truth and draft issue on 11/07/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Anjali Binjola present for plaintiff.
Adv. Rahila Memon I/b Bhuta and Associates for defendant present.
Adv. for defendant has filed statement of truth at Exh. 21.
Case adjd for draft issues on 20.07.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Adv. Anajali Binjola Present for Plff.
Adv. Rahil Memon Present for Deft.
Adv of plff contended that, she want to file CS for amendment and therefore time be granted for draft issues.
KB lo 12.50.
Adv of plff filed Draft CS alongwith affidavit for amendment in plaint. Leave granted to register CS. Otherside received copy of CS
Adj. For CS Returnable and reply on CS on 11/08/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: Adv. Rajesh Kamble Present for Plff.
Adv. Rahila Memon Present for Deft.
Adv of plff tendered registered CS 1100/22 along with affidavit.
Adv of deft seeks time to file reply on CS 1100/22. Granted.
Adj. For Reply on CS 1100/22 on 26/08/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Rajesh Kamble for plaintiff present.
Exh.22 - Adv.Akshata Pawar for defendant present and filed reply on C.S No. 1100/2022. Copy of reply served to plaintiff.
Case adj for hearing on CS No. 1100/2022 to 19/09/2022.
Next Purpose: HEARING
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: Adv. Sanjay Shinde Present for Plff.
Adv. Rahila memon I/b Bhuta Associate Present for Deft.
Heard argument adv of both parties on CS 1100/22.
Adj. For Order on CS 1100/22 on 30/09/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Rajesh Kamble Present for Plff.
Adv. Azad Jain Present for Deft.
F.R.S.R. following order passed on CS 1100/22.
1. Chamber Summons No.1100 of 2022 is made absolute as under.
2. Plaintiff is allowed to insert Para 8A in the plaint; as prayed.
3. Plaintiff shall carry out amendment till next date.
Adj. For Carrying out amendment and Amendment plaint on 13/10/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: None Present for Plff.
Adv. Aditya Pawar I/b Bhuta and Associates Present for Deft.
As per on CS 1100/22 plff has carried out amendment on 11/10/2022.
Plff has not filed Copy of amendment plaint.
Adj. For Amendment copy of plaint on 05/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2022
Date: 05-11-2022
Business: Adv. Rajesh Kamble h/f Adv. Sanjay Shinde Present for Plff.
Adv. Aditya Pawar I/b Bhuta and Associates Present for Deft.
Adv of plff seeks time for filing copy of amendment plaint on the ground that plff is not available in the town . However the said ground is not sufficient and reasonable to grant time. As such to have an opportunity adjournment granted for filing amendment copy of plaint as a last chance.
Adj. For Compliance on 18/11/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv. Rajesh Kamble h/f adv. Sanjay Shinde Present for Plff.
Adv. Tarangi Shah I/b Bhuta and Associates Present for Deft.
Ex.1/1 - Adv of plff has filed copy of amendment plaint and served to otherside.
Adv of deft seeks time for filing consequential amendment WS. Granted.
Adj. For Consequential amendment WS on 13/12/2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Court is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: Adv. Anjali Binjola h/f Adv. Sanjay Shinde Present for Plff.
Adv. Akshata Pawar I/b Bhuta and Associates Present for Deft.
Exh.03/1- Adv of deft has filed consequential amended written statement. Copy served to otherside.
Adj. For Draft issues on 07/02/2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Anjali Binjola h/f Sanjay Shinde for plaintiff present.
Adv. Aditya Pawar h/f Bhuta & Associates for deft. Present.
Exh.22 – Draft issues filed by advcate for plaintiff. Copy served to other side.
Advocate for deft. Seeks time to file draft issue – Granted as a last chance.
Case is adjourned for draft issue to 01.03.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-03-2023
Date: 01-03-2023
Business: Adv. Anjali Binjola h/f Adv. Sanjay Shinde Present for Plff.
Adv. Nazim Safii I/b Bhuta and Associates Present for Deft.
Exh.23. Adv of deft has filed draft issues. Copy served to otherside.
Adj. For Framing issues on 06/04/2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Anjali Binjola h/f Adv. Sanjay Shinde Present for Plff.
None Present for Deft.
Exh.24 Issues framed.
Case adjourned for Evidence of plff and Case Management Hearing on 21/06/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-07-2023
Date: 03-07-2023
Business: HHJ is on leave today. Hence adjourned to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Rajesh Kamble for plaintiff is present.
Adv. Ansul Bhuta for defendant is present.
Matter is adj for evidence of plaintiff and case
management of hearing to 17/08/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: Adv. Ansul Bhuta for plaintiff is present.
Adv. Anjali Binjola i/b Adv Sanjay Shinde for def. is present.
KB
L.O at 01.20 p.m.
Same appearance.
On oral request of ld. adv for plaintiff matter is adjourned.
Matter is adj for CMH hearing to 01/09/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-09-2023
Date: 01-09-2023
Business: Adv.Anjali Binjola i/b Adv Sanjay Shinde for plaintiff is present.
Adv. Ansul Bhuta for def. is present.
Heard both the sides on case management hearing.
Case Management Hearing/ Schedule.
On or before
Business.
26/09/2023
Affidavit of evidence of witnesses of both the parties(order 18 Rule 4 (1A).
11.10.2023 to 01.12.2023
Evidence of witnesses of plff. ( Chief and Cross examination)
02.12.2023 to 31.01.2023
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days from 31.01.2023.
Final Arguments after submission of Written notes of arguments.
Matter is adj for affidavits of witnesses of both the parties to 26/09/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-09-2023
Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2023
Date: 23-10-2023
Business: Adv. Prathmesh Bhanushe i/b Adv. Sanjay Shinde for plaintiff is present.
Adv.Sonal Choudhary i/b Bhuta and Associates for def. is present.
On request of both the parties matter is KB.
L.O at 03.00 p.m.
Adv. Prathmesh Bhanushe i/b Adv. Sanjay Shinde for plaintiff is present.
Witness PW-1 is present but oath is not administered to him as the ld. adv of plaintiff wants to file additional documents on record.
Exh. 25 – Evidence affidavit of witness PW-1.
Ld. adv of plaintiff prayed for time to file list of documents a/w documents. O- Time granted.
Adv. Ansul Bhuta for def is present.
Exh. 26 – Evidence affidavit of witness DW-1.
Exh. 27 – List of documents a/w photocopies of documents.
Exh. 28- Application on behalf of def. for summoning a witness under order 16 of CPC 1908. O- Other side to say.
Copy served to other side.
Matter is adj for reply on Exh. 28 to 09/11/2023.
Next Purpose: REPLY
Next Hearing Date: 09-11-2023
Date: 09-11-2023
Business: Adv. Prathmesh Bhanuwanshe i/b Adv. Sanjay Shinde for plaintiff is present.
Adv. Akshata Pawar i/b Bhuta and Associates for def. is present.
Matter is adj. for reply on Exh. 28 to 21/12/2023.
Next Purpose: REPLY
Next Hearing Date: 21-12-2023
Date: 21-12-2023
Business: None present.
Matter is adj. for reply to 05/01/2024.
Later on at 12.15 p.m
Adv. Prathamesh Bhanuvanshi for plaintiff is present and orally prayed for time to file reply to Exh. 28. O-Time granted to the plaintiff till next date.
Adv. Akshata Pawar for def. is present.
Next Purpose: REPLY
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: Adv. Prathmesh Bhanuwanshe i/b Adv. Sanjay P. Shinde for plaintiff is present and and tendered draft NM along with affidavit in support. He also presented compilation of documents. Copy is served to the other side. O.-Leave granted to register it.
Adv. Ansul Bhuta i/b Bhuta and Associates for def. is present.
Exh.29- Reply filed by ld. Adv of plaintiff on Exh.28. Copy of the said reply is served to the other side.
Heard both sides.
Ld. adv. of def. submitted that the def. Is ready to settle the matter amicably through mediation therefore, matter may kindly be refer to a Judge mediator. The ld. Adv. Of plaintiff has consented for referring matter to mediation. O- Matter is hereby referred to a Judge mediator.
Exh. 30 - Mediation Form.
Matter is adj. for mediation report to 28/02/2024.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: Not on Board-Taken on Board.
Today mediation report received from mediation center alongwith report mediator Judge as failed.
Taken on record. Marked as Exh.31 colly.
Matter is already adj. to 28/02/2024 for reply on Exh. 28.
Next Purpose: REPLY
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Plaintiff present.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde for plaintiff is present.
Adv. Bhuta for def. is present.
Exh. 32 colly- Pursis alongwith letter dated 27.02.2024.
O- Keep the matter in Lokadalat dated 03.03.2024.
Matter is adj. for Lokadalat to 03.03.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-03-2024
Date: 03-03-2024
Business: NATIONAL LOK-ADALAT HELD ON 03/03/2024 (Panel-XIII)
Matter pertaining to C.R. No. 32
Plaintiff present.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde for plaintiff present.
Adv. Ansul Bhuta for defendant present.
Exh.33 -Copy of Adhar Card.
Exh.34 -Appendix -I.
On behalf of plaintiff Universal Builders, Sultan Ahemd Qureshi is present before Court who is duly identified by his ld standing advocate Rajesh Kamble, who informed that the matter is settled out of Court. Hence, do not want to proceed with suit. Therefore he wants to withdraw the suit. Hence, disposed of accordingly along with Notice of Motion No.212/2024 is disposed of.
Exh.35 -Award.
Court fees, if any, refunded as per rules.
Matter is disposed of on Lok-Nyayalay dated 03/03/2024 as per award Exh.35.
Prof. Ms. Vanita Agarwal H.H.J. S.P. Pingle
Panel Member Panel Head
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-03-2024Additional Case Details
Additional Case Details
Filing Number: 110982/2019 Filing Date: 15-10-2019 First Hearing Date: 27th January 2020 Decision Date: 03rd March 2024 Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE
Orders
3Final Order 203 Mar 2024
03 Mar 2024
Order Details: Other Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE Case No. :Commercial Suit/0100263/2019 Universal Builders Vs Azad Amarchand Jain Date : 03-03-2024 Business : NATIONAL LOK-ADALAT HELD ON 03/03/2024 (Panel- XIII) Matter pertaining to C.R. No. 32 Plaintiff present. Adv. Rajesh Kamble h/f Adv. Sanjay Shinde for plaintiff present. Adv. Ansul Bhuta for defendant present. Exh.33 -Copy of Adhar Card. Exh.34 -Appendix -I. On behalf of plaintiff Universal Builders, Sultan Ahemd Qureshi is present before Court who is duly identified by his ld standing advocate Rajesh Kamble, who informed that the matter is settled out of Court. Hence, do not want to proceed with suit. Therefore he wants to withdraw the suit. Hence, disposed of accordingly along with Notice of Motion No.212/2024 is disposed of. Exh.35 -Award. Court fees, if any, refunded as per rules. Matter is disposed of on Lok-Nyayalay dated 03/03/2024 as per award Exh.35. Prof. Ms. Vanita Agarwal H.H.J. S.P. Pingle Panel Member Panel Head Nature of Disposal : WITHDRAWL Disposal Date : 03-03-2024 -- 1 of 1 --
Interim Order 1Full order available
17 Feb 2022
Order 1Full order available
17 Feb 2022
Order Details: Other Pdf Text: 1 IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SUMMARY JUDGMENT NO. 07 OF 2021 IN COMMERCIAL SUIT NO. 263 OF 2019 Universal Builders ) Through its proprietor ) Mr. Sultan Ahmed Qureshi ) Having address at 505, ) Sane Guruji Marg Silver Arch ) Ground Floor, Gora Gandhi ) Compound, Tardeo, ) Mumbai 400 034 )......Plaintiff Vs. Azad Amarchand Jain ) Age Adult, Occupation: Not Known ) Residing at Flat No.705, Silver…
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