Date: 16-12-2019
Business: Adv. Hingorani for plaintiff present.
Adv. for plff seeks extension of time to serve writ of summons. Time granted till next date.
Ld counsel for the Plff filed Draft NM alongwith affidavit. t.o.r.
Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
Matter adjd for writ of summons on 06/01/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-01-2020
Date: 06-01-2020
Business: Representative of plaintiff present.
Kb.
Later on at 12.30 pm
Adv. Hingorani Present for the Plff.
Matter adjd for service affidavit on 22/01/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: Adv. Hingorani for plaintiff present.
None present for defendant.
KB
LO at 1.00 pm.
Adv of plaintiff filed affidavit of service of writ of summons and copy of NM. TOR. O-Seen.
The Ld Advocate appearing for the plaintiff submits that he will file registered original NM No.4827/19 on next date. He further states he is busy in other matters from 01.02.2020 to 10.02.2020 hence, matter adjd on 17.02.2020.
Matter adjd for filing registered original NM No.4827/19 to 17.02.2020 at 11.00 am.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-02-2020
Date: 17-02-2020
Business: Representative of plaintiff present.
KB. L.O. at 1.14 pm. Adv Hingorani for plaintiff present.
Ld Adv for plff filed registered original NM No. 4827/2019 along with affidavit t.o.r.
perused affidavit of service Ex.02. Perused RPAD acknowledgement filed with service affidavit. None appeared for defendant. Defendant is served with writ of summons and NM. Hence the suit and NM be proceeded ex-parte against defendant.
Matter adjd for NM hearing to 28-02-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Representative of plaintiff present.
Perused roznama dated 17-02-2020. As per said roznama suit as well as NM proceeded exparte. Hence matter adjourned for NM hearing.
Representative of plaintiff states that advocate of plaintiff is busy in part heard matter.
Matter adjd for NM hearing to 19-03-2020 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: Both the parties and their advs are absent.
Adjourned for NM hearing to 08.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2020
Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Both the parties and their advocates are absent when called out.
Adjourned for N/M hearing to 13.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: None present for plaintiff.
Adjd. for evidence of plaintiff (Ex-parate) to 04.11.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM hearing to 27.01.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021
Date: 27-01-2021
Business: Adv. Hingorani for plaintiff , submits that he will seeks instructions from plaintiff to proceed or not with NM NO. 4827/19.
None for defendant
As per roznama dtd. 17-02 and 28-02-2020, suit is (ex-parte) against defendant.
Matter is adjd.to 17-02-2021 for NM Hearing (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: Adv for plaintiff absent.
None for defendant.
Mr. Janardan Bhavar is representative of plff., requested for a short date as adv. Mr. Hingorani is busy before another court.
Matter is adjd.to 24.02.2021 for NM hearing (No W.S).
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adm. Mr. Hingorani for plaintiff, endorsed on NM i.e. \''not pressed\''. Plff will concentrate on hearing of the suit as there is no W.S. filed by the deft. Hence, NM no. 4827/19 stands dismissed.
None for defendant.
Matter is adjd.to 11.03.2021 for hearing (No W.S.).
Next Purpose: HEARING
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Hingorani for plaintiff present.
None for defendant.
Matter is adjd.to 24.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: None for both side.
Matter is adjd.to 17.04.2021 for hearing no W.S.
L.O.- Adv. Mr. Hingorani for Plff present.
Next Purpose: HEARING
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 17.07.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT (C.R.NO.31)
Both parties and their advocates are absent when called out.
Matter is adjd.to 01-09-2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Both parties are absent when called out the matter.
Matter is adjd.to 14-10-2021 for hrg.
Next Purpose: HEARING
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. O. V. Hingorani for plaintiff along with witness Satish Shetty present and filed evidence affidavit of witness Satish Shetty t.o.r. and marked as Exh. 3
He also filed another affidavit of witness Satish Shetty regarding production of documents t.o.r. and marked as Exh. 4
He also filed list of documents t.o.r. and marked as Exh. 5
Oath is administered to witness Satish Shetty . He stated on Oath that evidence affidavit Exh.3 bears his signature and contents there are correct. He also proved documents filed with list Exh. 5 and they are marked as Exhibited documents as under -
Exh. 6 – Resolution dtd. 04-06-2019.
Exh. 7 – Agreement dtd. 16-03-2015
Exh. 8 – printout of layout plan
Exh. 9 – tax invoice of pamphlet and advertising
Exh. 10 – Acknowledgment copy of letter dtd. 18-11-2016.
Exh. 11 colly – Summary of order from June 2018 to Oct. 2018.
Exh. 12 colly – Sale summary
Exh. 13 colly – Printout of photographs (3 pages)
Exh. 14 – Printout of bill of photographs
Exh. 15 – Office copy of notice dtd. 17-01-2019
Exh. 16 colly - Postal receipt (2)
Exh. 17 colly - Delivery report (2)
Exh. 18 - Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to 23-10-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: Adv. O. V. Hingorani for plaintiff present.
Heard Ld. Adv. O. V. Hingorani for plaintiff.
Matter is adjd.to 29-10 -2021 for order (4.00pm)
Next Purpose: ORDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None for plaintiff.
Exh.19 - Ex parte Judgment.
F.R.S.R. following order is passed -
- ORDER -
1. Commercial Suit No. 195/2019 is partly decreed.
2. It is hereby declared that the defendant is in breach of the agreement dated 16/03/2015.
3. The defendant is directed to pay amount of Rs.18,85,744/- (Rupees Eighteen Lakhs Eighty-five Thousand Seven Hundred Forty-four Only) to the plaintiff within three months from the date of decree.
4.The defendant is directed to pay amount of Rs.9,40,000/-
(Rupees Nine Lakhs Forty Thousand Only) to the plaintiff
in lieu of damages for sale and supply of similar items in
the outlet during 17/01/2019 till the date of the suit within three months from the date of decree.
5. The defendant, her employees, agents or any person
claiming through the defendant are hereby prevented from
conducting any business similar to the business of the plaintiff as agreed in the agreement dated 16/03/2015
(Exh.7) from the store in Shop 1, Patankar Tower, besides Patankar Park, Station Road, Nalasopara (West) and also
from conducting similar business as that of the plaintiff within area of one km. radius where outlet is located for the period of five years from the date of this decree.
6. The defendant shall bear the costs of the suit.
7. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 29-10-2021