Date: 27-01-2020
Business: None for plaintiff.
Issue writ of summons to defendant for answering the claim and for settlement of issues.
LO
Adv. Pratham Shirvale I/b Adv. Sanjay Shinde for plaintiff present.
Adjd to 28-02-2020 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 28-02-2020
Date: 28-02-2020
Business: Court is on Half day leave. Hence, board discharged.
Adjd to 30-03-2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 27.10.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 27-10-2020
Date: 27-10-2020
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.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 10/11/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
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 02/12/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 06/01/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Adv.Sanjay Shinde for plaintiff present.
None present for defendant.
Ld.Adv.seeks time to serve the defendant. Time granted as last chance.
Matter adjd to 25.01.2021 for Service
Next Purpose: SERVICE
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: Adv.Mr.Sanjay Shinde for plaintiff.
None present for defendant.
Affidavit of service, Exh.2 filed by Adv. of plaintiff t.o.r.
List of document, Exh.3 t.o.r. O-filed.
Statement of truth, Exh.4 t.o.r. O-filed.
He had filed acknowledgment by defendant in respect of suit summons.
Matter adjd to 06.02.2021 for order against defendants.
Next Purpose: ORDER
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv.Sanjay Shinde for plaintiff present.
None present for defendant.
The defendant is served by RPD. He had not appeared in the suit. The suit to proceed ex-parte against defendant.
Matter adjd to 17.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-02-2021
Date: 17-02-2021
Business: None present for plaintiff
Adv.Ashwin Rana present and filed vakalatnama, Exh.5 on behalf of defendant t.o.r. O-filed.
KB
LO
Adv.Sanjay Shinde for plaintiff present.
Matter adjd to 04.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Sanjay Shinde for plaintiff absent.
Adv. Ashwin R. Rane for defendant present.
KB.
LO at 12.40pm
The Ld. Advocate for the plaintiff file application Exh.08 for summary judgment alongwith affidavit Exh.09.
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: 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. The document Exh.8 and 9 were not filed in the suit but are inadvertently shown as filed. The Roznama therefore corrected as follows.
None for the plaintiff.
Defendant absent.
LO
Adv.Sanjay Shinde for the plaintiff present.
Statement of admission and denial not filed by plaintiff and defendant.
Matter adjd to 20.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv.Rohit Verekar for plaintiff present.
Adv.Ashwin Rana for defendant present.
Matter adjd to 30.03.2021
LO
Adv.Ashwin Rana for defendant present.
Adv. of defendant filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to resister draft notice of motion.
Copy of draft notice of motion served on plaintiff by defendant.
Matter adjd to 30.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv.Ashwin Rana for defendant
Adv. of deft. filed registered NM No.875/21 a/w.affidavit in support of registered NM No.875/21 t.o.r.
KB
LO
Adv. Mr.Sanjay Shinde for plaintiff present.
Say filed by Adv.of plaintiff on NM No.875/21 itself.
F.R.S.R. the following order is passed
ORDER ON NM NO.875/2021
1. The Notice of Motion No.875/2021 is allowed.
2. The ex-parte order dated 06.02.2011 against the defendant is set aside.
3. The Notice of Motion stands disposed of
Matter adjd to 20.04.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: None present.
Adj. to 10-06-2021 for steps by deft..
Next Purpose: FOR TAKING STEPS
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, Adjd to 30.06.2021 for steps by deft.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Business: PO is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 21/08/2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
Adv.Jalpa Rana h/f.Adv.Ashwin Rana for defendant present.
Read the order passed in NM NO.875/19. The defendant has not complied with the filing of written statement.
Matter adjd to 13.10.2021 for further order against deft.
Judge
LO at 12.29 pm
Adv.Sanjay Shinde for plaintiff present.
Matter adjd to 13.10.2021 for further order against deft.
Next Purpose: ORDER
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: None present for plaintiff.
Adv.Ms.Jalpa Rana for defendant No.1 present. She submits that the Ld.Counsel for defendant No.1 has met with an accident and therefore unable to attend the Court today.
On oral request matter is adjd to 17.11.2021 for order against defendant No.1.
LO at 12.42 p.m.
Adv. Sanjay Shinde for plaintiff present. He submits that plaintiff wants to file summons for judgment.
Already adjd to 17.11.2021 for filing summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.30 pm,
Adv.Sanjay Shinde for plaintiff present.
Adv.Ashwin Rana for defendant present.
KB
LO at 01.12 pm,
Adv.Sanjay Shinde for plaintiff present.
Adv.Ashwin Rana for defendant present.
The plaintiff filed application, Exh.6 for conversion of the suit into Commercial Summary Suit. The defendant filed reply of the same.
The defendant submits that he wants to file additional reply if any.
Matter adjd to 10.12.2021 for hearing on Exh.6.
Next Purpose: HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv.Sanjay Shinde for plaintiff present.
None present for defendant.
The defendant is absent adjd for reply on Exh.6 on 21.12.2021.
Next Purpose: REPLY
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv.Sanjay Shinde for plaintiff present.
Adv.Ashwin Rana for defendant present.
Heard both the sides on Exh.6.
Matter adjd to 11.01.2022 for order on Exh.6.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for plaintiff.
Adv.Jalpa Rana i/b. Adv.Ashwin Rana for defendant present.
KB for order below Exh.6.
LO at 02.25 pm,
F.R.S.R. the following order is passed below Exh.6.
ORDER
1. The Application (Exhibit-6) is rejected.
2. Costs shall follow event.
Matter adjd to 04.02.2022 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present.
KB
L.O. at 12.00 noon
Adv. Ms. Anjali Benjola h/f Adv. Shinde for the plaintiff is present and requested date.
Matter adjd to 17/02/2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: None present for plaintiff.
Adv.Jalpa Rana h/f.Adv.Ashwin Rana for defendant present.
On oral request of defendant matter adjd for steps on 08.03.2022.
Judge
LO at 12.27 pm,
Adv.Anjali Binjola h/f.Adv.Sanjay Shinde for plaintiff present.
Adv.of plaintiff filed draft summons for judgment a/w. affidavit in support t.o.r. O-Leave granted to register summons for judgment.
The plaintiff also tendered documents with list in SJ t.o.r. List is marked as Exh.7.
Plaintiff undertakes to serve copies of SJ and affidavit and documents to defendant. It be served well in advance before next date.
Matter already adjd to 08.03.2022, adjd for reply in SJ.
Next Purpose: REPLY
Next Hearing Date: 08-03-2022
Date: 08-03-2022
Business: Adv.Anjali Binjola h/f.Adv.Sanjay Shinde for plaintiff present.
Adv.Ashwin Rana h/f.Adv.Jalpa Rana for defendant present.
The defendant orally requested for time to file reply in application for summary judgment.
Matter adjd to 17.03.2022 for reply in SJ.
Next Purpose: REPLY
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
Adv. Mr. Ashwin Rane present for defendant.
KB
L.O. at 11.40 a.m.
None present for plaintiff.
Adv. Mr. Ashwin Rane present for defendant.
Plaintiff is absent. Failed to tender registered SJ. Hence, keep for order against plaintiff.
Matter adjd to for 08.04.2022 order against plaintiff/reply in SJ.
L.O. at 01.02 p.m.
Adv. Ms. Anjali Binjola for the plaintiff present.
KB.
L.O. at 03.56 p.m.
Adv. Ms. Anjali Binjola for the plaintiff present and filed application for extension of time to register the summons for judgment. t.o.r. and marked as exh.8. O- Time is extended for registration of summons for judgment. It be registered within seven days.
Next Purpose: REPLY
Next Hearing Date: 08-04-2022
Date: 08-04-2022
Business: Adv.Anjali Binjola h/f.Adv.Sanjay Shinde for plaintiff present.
Adv.Trupti Kamble h/f.Adv.Ashwin Rana for defendant present.
The plaintiff tendered registered SJ No.97/22 a/w. affidavit t.o.r.
The plaintiff to file service affidavit to verify the time limit for filing leave to defend.
Matter adjd to 25.04.2022 for filing leave to defend subject to limitation.
Next Purpose: REPLY
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.40 am
Adv.Jalpa Rana for defendant present.
KB
LO at 12.10 pm
Adv.Anjali Binjola h/f.Adv.Sanjay Shinde for plaintiff present.
Adv.Ashwin Rana for defendant present.
The plaintiff requested time to file service affidavit. Read the last roznama. The plaintiff inspite of direction has failed to file service affidavit in respect of service of summons for judgment. The plaintiff is directed to file service affidavit in SJ on next date without fail. In default, necessary orders including dismissal of SJ for want of steps will be passed. Plaintiff to note the same
Matter adjd to 06.06.2022 for filing service affidavit in SJ by plaintiff and reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2022
Date: 06-06-2022
Date: 29-06-2022
Business: Adv. Anjali Binchola Present for Plff.
Adv. Trupti Kamble Present for Deft.
KB.
LO 11.45
Deft has not file reply to SJ 97/22 within in time. case be proceeded without reply to SJ 97/22.
Adj. For Hearing on SJ 97/22 on 13/07/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv.Anjali Binjola For plaintiff present.
None for defendant.
KB.L.O. at 11.35 a.m.
Adv.Anjali Binjola for plaintiff present.
Adv Mr. Ashwin Rana for deft present.
Today case is for hearing SJ.
Adv for deft contended that he is going to file NM to set aside no reply order on SJ but due to heavy rain today is not able to file NM.
Matter is adjd. for SJ hearing to 05.08.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Binjola Present for Plff.
Adv. Jalpa Rana Present for Deft.
KB LO 2.45.
Adv. Rajesh Kamble Present for Plff.
Adv. Ashwin Rana Present for Deft and contended that time may be granted for filing NM to set aside no reply order.
Adj. For Hearing on SJ 97/22 on 24/08/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Anjali Binjola Present for Plff.
None Present for Deft.
KB LO. 12.00.
Adv. Ashwin Rana Present for Deft and he contended that today he is filing Draft NM for setting aside no reply order. Copy of proposed Draft NM served on otherside.
Adj. For NM returnable on 15/09/2022.
LO 12.30.
Adv of deft filed draft NM along with affidavit for setting aside order dt. 29/06/2022. - Leave granted to register NM.
Adj. For NM returnable on 15/09/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-09-2022
Date: 15-09-2022
Business: None Present for Plff.
Adv. Ashiwn Rana Present for Deft.
Adv of deft has filed registered NM 3260/22 along with affidavit. Copy already served upon adv of plff.
Adj. For Reply on NM 3260/22 and hearing SJ 97/22 on 06/10/2022.
Next Purpose: REPLY
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Sanjay Shinde Present for Plff.
Adv. Ashiwn Rana Present for Deft.
Ex.06 - Adv of plff has filed reply on NM 3260/22. Copy served to adv of deft.
Adv of plff has filed draft CS along with affidavit for amendment in plaint . Leave granted to register CS. Copy served to adv of deft.
Adj. For CS returnable and Hearing on NM 3260/22 and SJ 97/22 on 07/11/2022.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 07-11-2022
Date: 07-11-2022
Business: Adv. Sanjay Shinde Present for Plff.
Adv. Ashwin Rana Present for Deft.
Adv of plff tendered registered CS 1672/22 along with affidavit for amendment in plaint. Its copy already served on 06/10/2022.
Adv of deft contended that on previous date he has mistakenly given endorsement regarding receipt copy of CS but he has received two copies of reply of Plff instead of copy of CS. He further contended that today he received copy of affidavit in support of CS and seek time for filing reply. Adv of plff contended that he has served copy on previous date and adv of deft has not taken any objection till date regarding the non receipt of the of CS. As such to have an opportunity for filing reply on CS 1672/22.
Adj. For Reply on CS 1672/22 and Hearing NM 3260/22 AND SJ 97/22 on 30/11/2022.
Next Purpose: REPLY
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Adv. Ms.Anjali Binjola i/b. Sanjay P. Shinde for plaintiff present.
Adv. Ashwin Rana for defendant present.
Advocate of defendant seeks time to file reply on the ground that defendant is travelling Kenia. Granted.
Case adjourned for reply/hearing on CS 1672/2022 and hearing on NM 3260/22, SJ 97/22,672/22 to 3.1.2023.
Next Purpose: C/S HEARING
Next Hearing Date: 03-01-2023
Date: 03-01-2023
Business: PO is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Adv. Anali Binjola I/b Adv. Snajay Shinde Present for Plff.
Adv. Jalpa Rana h/f Adv. Ashwin Rana Present for Deft.
Exh.07,08- adv of deft has filed reply along with affidavit in respect of CS 1672/22. Copy served to otherside.
Adj. For Hearing on CS 1672/22, NM 3260/22 and SJ 97/22 on 08/02/2023.
Next Purpose: C/S HEARING
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Sanjay Shinde for plaintiff present.
Adv. Smt. Jalpa Rana h/f Ashwin Rana for defendant present.
Heard advocate for plaintiff.
KB at 12.30 p.m.
L.O. at 1.00 p.m.
Adv. Sanjay Shinde for plaintiff present.
Adv. Ashwin Rana for defendant present.
Heard, Adv of defendant on ch/s no. 1672/22.
Case adjourned for order on ch/s no. 1672/22 to 27.02.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-02-2023
Date: 27-02-2023
Business: None present for plaintiff.
Adv. Jalpa Rana h/f Adv.Ashwin Rana for defendant present.
LO at 12.05 p.m.
Adv. Rajesh Kamble for plaintiff is present.
P.O busy in hearing argument in NM No. 2686/21 and NM No. 3928/22 of incharge Court Room No.1 (Time Bound Matter).
Case adjd for order on CH/S 1672/22, hearing on NM No. 3260/22 and SJ 97/22 to 08.03.2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: Adv. Prathmesh T. Bhanuwanshe i/b Adv. Sanjay P. Shinde for plaintiff present.
Defendant is present.
FRSR following order passed.
ORDER
Chamber Summons No.1672 of 2022 is made absolute as
under.
Plaintiff is allowed to insert Para 8A in the plaint, as prayed.
Plaintiff shall carry out amendment till next date.
----------------
Exh.9 Advocate of plaintiff has filed application for withdrawing Summons for Judgment No.97 of 2022. Otherside to say. Copy be served to other side.
Case adjd for say on Exh.9, carrying out amendment, hearing on NM No.3260 of 2022 and SJ 97 of 2022 to 23.03.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: None present for plaintiff.
Adv. Mayur Merchant h/f Adv. Ashwin Rana for defendant present.
KB LO at 12.35 p.m.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde for plaintiff present.
Adv. Mayur Merchant h/f Adv. Ashwin Rana for defendant present.
Adv.of defendant seeks time for filing say on Exh.9. Granted as last chance.
Adv.of plaintiff seeks further time to carry out amendment as per order dtd. 08.03.2023. Granted.
Case adjd for say on Exh.9 and carrying out amendment and hearing on NM 3260/22 and SJ 97/22 to 20.04.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2023
Date: 20-04-2023
Business: Adv. Anjali Binjola h/f Adv. Sanjay Shinde Present for Plff.
Adv. Jalpa Rana h/f Adv. Ashwin Rana Present for Deft.
Plff has carried out amendment as per order dt.08/03/2023.
Exh.1/1- adv of plff has filed amended plaint. Copy served to otherside.
Deft has not filed reply to application Exh.09.
Application Exh.09 is for withdrawal/ not pressing the summons for judgment no.97/22 unconditionally. Thus SJ no.97/22 stands disposed of.
Adj. For Hearing on NM 3260/22 on 23/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2023
Date: 23-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: Adv Sanjay Shinde for plaintiff present.
Adv Jalpa Rana h/f Ashwin Rana Adv for defendant present.
Ld adv of defendant on orally requested the adjourn the matter.
O- Adjournment granted as prayed for.
Matter is adjd to 02.08.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2023
Date: 02-08-2023
Business: Adv. Prathamesh i/b Sanjay P. Shinde for plff. present.
Adv. Ashwin Rana for deft present.
O - Ld adv for deft has not pressed deft.’s NM no. 3260/22 as the plff has withdrawn his Summons for Judgment no. 97/22. Therefore, NM no. 3260/22 is hereby disposed off.
O- It appears from the roznama and the record that this is a Commercial Summary Suit U/o XXXVII of the CPC and the deft has not yet obtained leave to defend. Hence, deft is directed to take appropriate steps.
Matter adj for Steps to 06.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: None present.
Matter is adj for steps to 03/10/2023.
L.O at 11.25 a.m.
Adv. Ashwin Rana for defendant is present.
Adv. Anjali Binjoya i/b Sanjay Shinde for plaintiff is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2023
Date: 03-10-2023
Business: Adv. Prathmesh T. Bhanuwanshe i/b. Adv. Sanjay P. Shinde for plaintiff present.
Adv. Smt.Jalpa Rana h/f. Adv. Ashwin Rana for defendant present.
O- The learned advocate for plaintiff pointed out that the roznama dtd.20/04/2023 wrongly mentions that plaintiff has withdrawn/not pressed his application for summons for judgment. But, infact plaintiff had filed application for Summary Judgment bearing No.97 of 2022. The present matter is not a Summary Suit therefore, the defendant ought to have filed written statement within the period of limitation.
I have perused the record. It appears that, the ex-parte order dtd.06/02/2021 was set aside on 30/03/2021 vide order passed on NM No.875 of 2021 and the matter was posted for Written Statement of the defendant. Since then the defendant is not filed his Written Statement therefore, put up the matter for evidence of plaintiff without WS.
Matter is adjourned for evidence to 07/11/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Adv. Prathamesh Bhanuwanshe i/b Adv. Sanjay P. Shinde for plaintiff is present and requested to KB the matter for evidence.
Adv. Ashwin R. Rane for def. is present.
KB.. Later on at 01.45 p.m.
Same appearance of both the parties.
Witness PW-1 is present.
Exh.10 - Affidavit of evidence of PW-1 in lieu of his examination in chief.
Oath is given to the witness.
On oral request of ld. adv of plaintiff matter adjourned for filing of draft NM a/w affidavit for leave of the Court to file additional documents.
Matter is adj. for steps to 14/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Adv.Prathamesh Bhanuvanshi i/b Shinde for plaintiff is present and requested to KB the matter.
Adv.Jalpa Rana h/f Adv. Ashwin Rana for def. is present.
KB
Later on at 01.05 p.m.
Same appearance for parties.
Ld. adv of plaintiff tendered draft NM a/w affidavit in support. O- Leave granted to register it. Copy is served to the other side.
He also presented proposed additional documents a/w list. Copy is already served to the other side.
Matter is adj. for NM returnable to 03/01/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: Adv. Anjali Binjola h/f Adv. Sanjay Shinde for plaintiff is present and tendered registered Notice of Motion no. 4790/23 alongwith affidavit in support.
Adv. Aswin Rana for def. is present and requested for time to file reply affidavit.
O- Time granted to deft as last chance.
Matter is adj. for NM reply to 07.02.2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-02-2024
Date: 07-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-02-2024
Date: 23-02-2024
Business: Adv.Rajesh Kamble h/f Adv.Sanjay Shinde for plaintiff is present.
None for Defendant. K. B.
L.O. at 01.10 p. m.
Adv.Rajesh Kamble h/f Adv.Sanjay Shinde for plaintiff is present.
Adv. Ashwin Rana for deft present and seeks time to filed reply affidavit in NM. No. 4790/2023. He has served the copy of said reply affidavit, in-advance to the other side. O-Time grated to the deft as a last chance.
Matter is adj. for reply affidavit by deft. to 15.03.2024.
Next Purpose: REPLY
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Matter pertains to C.R.No. 32.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde for plaintiff is present.
Adv. Ashwin Rana for defendant is present.
Ld. adv of defendant filed reply to NM No. 4790 of 2013. Taken on record. Copy already served to the other side.
Matter is adj to 18/04/2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: None for plaintiff.
Adv. Ashwin Rana for defendant present and requested for adjournment on the ground that he has many other matters to attend in other courts.
O- As none appears for the plaintiff hence, matter adjourned.
Matter is adj. for NM hearing to 15/06/2024.
Later on at 11.50 a.m
Proprietor of plaintiff is present.
Same appearance for defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: None present.
Adv. Mira Kadam h/f Adv. Ashwin Rana for defendant present.
KB… Later on at 01.30 p.m.
Adv. Ashwin Rana for defendant is present.
None present for plaintiff.
ORDER : The ld. Adv of plaintiff is given last chance to make submissions on NM No. 4790/2023 on the next date.
Matter is adj. for NM hearing to 29/07/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Adv. Anjali Binjola for plaintiff is present.
Adv. Ashwin Rana for def. is present.
Heard both sides on NM No. 4790/2023.
Matter is adj. for NM order to 03/08/2024.
Next Purpose: NM ORDERS
Next Hearing Date: 03-08-2024
Date: 03-08-2024
Business: P.O. is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 16-08-2024
Date: 16-08-2024
Business: Court is vacant hence adjd.to
Next Purpose: NM ORDERS
Next Hearing Date: 13-09-2024
Date: 13-09-2024
Business: Court is Vacant hence adj.to
Next Purpose: NM ORDERS
Next Hearing Date: 30-09-2024
Date: 30-09-2024
Business: Court is Vacant hence adj. to
Next Purpose: NM ORDERS
Next Hearing Date: 07-11-2024
Date: 07-11-2024
Business: Court is vacant hence adj to
Next Purpose: NM ORDERS
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: NM ORDERS
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: Parties are absent.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde present for plaintiff.
Adv. Chetana Sawant h/f Adv. Ashwin Rane present for defendant.
Later on at 12.45 p.m.
Parties are absent.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde present for plaintiff.
Adv. Chetana Sawant h/f Adv. Ashwin Rane present for defendant.
Matter is adj. for NM hearing to 27.02.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: adj to 17.03.2025Coram: H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Parties are absent.
Adv. Anjali Binjola present for plaintiff.
Adv. Ashwin Rana present for defendant.
Following order is passed in Notice of Motion No. 4790 of 2023.
Operative part of order.
1. The Notice of Motion No.4790 of 2023 is allowed.
2. The documents sought to be tendered is allowed subject to costs of Rs.25,000/- to paid to the defendant within four weeks.
3. The payment of costs is condition precedent. If the costs is not paid as directed within the stipulated time, the order stand revoked automatically without further reference to this Court.
4. If the costs is paid the production would deemed to be allowed.
5. Notice of Motion No. 4790 of 2023 is disposed of accordingly.
Matter is adj. for cross examination to 17.03.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2025
Date: 17-03-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Jalpa Rane h/f Adv. Ashwin Rana present for defendant and informed that she is supposed to cross examine today PW-1 however, neither plaintiff nor his ld. Advocate is present. Hence kept back in second session.
Later on at 05.45 p.m.
None present hence right of cross examine of PW-1 is forfeited.
Matter is adj. for further evidence if any/closure pursis to 20.03.2025.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-03-2025
Date: 20-03-2025
Business: Parties are absent.
Adv. P. Bhanuwanshe i/b Adv. Sanjay Shinde present for plaintiff.
Adv. Ashwin Rana present for defendant.
Later on at 01.55 p.m.
Adv. P. Bhanuwanshe i/b Adv. Sanjay Shinde present for plaintiff.
Adv. Ashwin Rana present for defendant.
Plaintiff Witness is present.
Exh.11- application filed by defendant for setting aside order dt. 17.02.2025. O-Call reply of plaintiff.
Exh.12.- Pursis a/w original returned packet and postal receipt and covering letter filed by ld. Adv of plaintiff. O-Read and Record.
Matter is adj. for reply on Exh. 11 to 26.03.2025.
Next Purpose: REPLY
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Parties are absent.
Adv. Anjali Binjola present for plaintiff.
Adv. Chetna Sawant h/f adv. Ashwin Rana present for defendant.
Later on at 03.00 p.m.
Adv. Anjali Binjola present for plaintiff.
Adv. Ashwin Rana present for defendant.
Exh. 13- Reply filed by ld. adv of plaintiff on Exh.11. O-Read and Record.
Order Below Exh. 11.
Defendant moved the present application for setting aside order of no cross-examination dt. 17.03.2025. There is a strong objection from the plaintiff that simple application without taking out Notice of motion will not be maintainable as per the City Civil Court Rules. If it is so, I am considering the present application as a notice of motion subject to registration of it. Therefore registry is directed to register the application is a Notice of Motion being immediately as no fault of the ld. Adv of defendant subject to filing supportive affidavit of defendant as the present application is moved on 20.03.2025 subsequently.
Vide reply at Exh. 13. The application is strongly resisted, firstly for the reasons that not in a prescribed form. Secondly matter was kept back in second session for cross examination of PW-1 however no cross examination was conducted. Hence prays to reject the application.
Heard both sides. In the second session PW-1 is not present much less in first session a/w advocate. Therefore it is my considered opinion that the opportunity to cross examination is required to be extended to the defendant as the order of no cross examination has came to be pass in rush of work being none were present in second session.
Hence notice of motion is allowed. The defendant is allowed to cross examine PW-1 subject to registration of present application of NM on or before next date.
Registry shall register the application at Exh. 11 today only and handed-over the copy with the defendant if at all official time is expired.
Authenticated copy be given to the defendant for department.
Matter is adj. for NM returnable to 27.03.2025.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-03-2025
Date: 27-03-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Ashwin Rana present for defendant and tendered registered NM No. 1887/2025 along with affidavit in support.
NM No. 1887/2025 was already disposed off as per order dt. 26.03.2025.
Ld. adv of defendant pointed out that plaintiff has tendered cheque in envelope of Rs.25,000/- In the court a/w pursis Exh. 12. Therefore handover the cheque for in-cashment. Envelope is open in Court and handed over to ld. Adv. Shir.Ashwin Rana of defendant after obtaining acknowledgment.
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.
Matter is adj. for recording evidence(exhibiting documents) to 20.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-06-2025
Date: 20-06-2025
Business: Witness PW-1 is present.
Adv. Prathmesh Bhanuwanshe i/b Adv. Sanjay Shinde present for plaintiff.
Adv. Ashwin R. Rana present for defendant.
Exh.13- List already filed on record by plaintiff and exhibited today.
Order on admissibility of documents of plaintiff.
1. The first document is a certified copy issued by the Sub Registrar Mumbai. It is admitted by the defendant. Hence, it is marked as Exh.14.
2. The second document is a legal notice dated 25/09/2018 issued by the plaintiff to the defendant. It is denied by the defendant. On perusal of said document at Sr. No.2, it appears that it is a photocopy alongwith postal receipt. Hence, postal receipt is only marked as Exh.15. Notice (photocopy) marked as Article ‘Y’ .
3. The third document is a letter issued by the plaintiff to the Executive Engineer, Building Proposals (City), Municipal 'E' Ward Office, Byculla, Mumbai. It is acknowledged by the Executive Engineer, E Ward Byculla. Hence it is marked as Exh.16.
4. Further, two documents have been tendered by the plaintiff for which leave has been granted by this Court by Notice of Motion No. 4790/2023. Perused reply of the defendant except documents No. 2, the document No. 1 appears to be denied.
5. Perused the first documents which is a photocopy of affidavit dated 23/08/2028 submitted by the Society in the deemed conveyance proceedings received by the plaintiff under RTI being photocopy, it is marked as Article ‘X’.
6. Second document is a certified copy issued by the office Superintendent c/o. District Deputy Registrar Co-operative Societies, Mumbai(1). The said document pertains to the application No. DC 1005042/2018. Hence, it is marked as Exh. 17.
Matter is adj. for further examination of witness PW-1 and cross examination to 27.06.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Parties are absent.
Adv. Sanjay Shinde a/w Prathmesh T. Bhanuvanshe present for plaintiff relied upon ratios in Bipin Pnachal landmark Judgment of the Apex court and another Judgment Vijay Union and India others (2001) 3 SCC 1, (2023)17 SCC 455 for marking Article ‘X’ and ‘Y’ as exhibits. The said arguments and ratio can very well considered when notice reply is sent to the Article ‘Y’ at the time of final arguments.
Adv. Ashwin Rana present for defendant.
I extend the plaintiff opportunity to prove this documents in accordance with law if any by allowing to conduct further examination in chief.
Matter is adj. for recording evidence to 28.08.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-08-2025
Date: 28-08-2025
Business: Coram H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Parties are absent.
Adv. Rajesh Kamble present for plaintiff and filed Additional affidavit of Sultan Qureshi marked as Exh. 18. O-Put up for verification. Call PW-1 for purpose.
He also filed additional documents marked as Exh. 19. TOR
O- Call reply of defendant.
Adv. Jalpa Rana h/f Adv. Ashwin Rana present for defendant.
Matter is adj. for R/E to 24.09.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2025
Date: 24-09-2025
Business: Parties are absent.
Adv. Rajesh Kamble present for plaintiff.
Adv. Ashwin Rana present for defendant.
Matter is adj. for recording evidence to 27.11.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-11-2025
Date: 27-11-2025
Business: Parties are absent.
Adv. Rajesh Kamble h/f Adv. Sanjay Shinde present for plaintiff and informed that plaintiff is facing cross examination in Kalyan Court. However unable to tell the case No. the name of the Ld. Judge and the age of the suit being the age of the suit of the more than 5 yrs. as suit appears to be filed plaintiff himself n 2019 having today age nearly 7 yrs. the action plan is implemented from Honble High Court commenced from 01.01.2025 continue till 31.12.2025. the first affidavit at Exh. 10 was tendered before my Ld. Predecessor on 07.11.2023 we have crossed 07.11.2025 i.e. more than 2 yrs the additional affidavit of evidence at Exh. 19 is tendered on 26.08.2025 in the absent of plaintiff therefore additional affidavit of evidence Exh. 19 kept for the verification of plaintiff. Court is awaiting his verification since last 2 months. Hence, matter is kept at 01.00. if plaintiff failed to appear who is residing at Tardev hence, kep at 12.00 noon if he failed to appeared both the affidavits deemed to be filed for passing further order in accordance with law.
Adv. Ashwin Rana present for defendant.
Exh. 20 – Adjournment application filed by ld. Adv of plaintiff. O- PW-1 is present hence, filed.
Later on at 02.55 p.m.
Witness PW-1 is present.
Adv. Rajesh Kamble present in court hall h/f Adv. Sanjay Shinde through V.C. present
Further cross examination of PW-1 is deferred.
Matter is adj. for R/E P.H to 05.12.2025 at 02.45 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-12-2025
Date: 05-12-2025
Business: Witness PW-1 is present.
Adv. Sanjay Shinde present through V.C. a/w Adv. Rajesh Kamble present for plaintiff.
Adv. Ashwin Rana present for defendant and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
Further cross examination of PW-1 is deferred.
Matter is adj. for R/E P.H and Ch/S reply to 16.12.2025 at 11.00 p.m.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2025
Date: 16-12-2025
Business: Coram H.H.J. SHRI. S. P. PINGLE JUDGE, (C.R.No 32)
Parties are absent.
Mr. Sultan Qureshi PW-1 is present.
Adv. Rajesh Kamble present for plaintiff and filed reply to Ch/s no. 3073/25.
Adv. Ashwin Rana present for defendant.
In opening case there is disturbance of V.C. Hence, V.C. facility is closed.
Cross-examination of PW is completed.
Matter is adj. for hearing on ch/s and defendant evidence if any to 17.12.2025.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2025
Date: 17-12-2025
Business: Parties are absent.
Adv. Prathmesh Bhanuvanshi i/b Adv. Sanjay Shinde present for plaintiff.
Adv. Ashwin Rana present for defendant.
Affidavit in support of Ch/S is already on record today marked as Exh. 21.
Exh. 22 – Reply to Ch/S already on record marked exhibit today.
Ch/S No. 3073/2025 is partly dictated.
Matter is adjourned for citations and arguments on law point.
Matter is adj. for Ch/S arguments to 26.02.2026.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 26-02-2026
Date: 26-02-2026
Business: Parties are absent.
Adv. Sanjay Shinde present through V.C. for plaintiff.
Defendant is present. His advocate is absent.
Later on at 03.00 p.m.
Adv. Prathamesh Bhanuvanshi present for plaintiff.
Adv. Chetana Sawant h/f Adv. Ashwin Rana present for defendant and orally seeking time for Ch/S arguments. O- Time is granted subject costs of Rs.1000-/ to be paid to the DLSA.
Heard ld. Adv of plaintiff on Ch/S No. 3073/2025.
Matter is adj. for Ch/S arguments by defendant to 07.04.2026.
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 07-04-2026
Date: 07-04-2026
Business: Parties are absent.
Adv. present through V.C. for plaintiff.
Adv. present for defendant.
Heard ld. Adv of plaintiff on Ch/S.
KB.. Later on at 01.10 p.m.
Adv. present through V.C. for plaintiff.
Adv. Ashwin Rana present for defendant.
Heard ld. Adv of defendant on Ch/S.
Costs is not complied.
Matter is adj. for Ch/S hearing to 29.06.2026.
KB.. Later on at 01.45 p.m.
Compliance pursis of costs paid filed by ld. adv of defendant. TOR. Marked as Exh.
Next Purpose: C/S HEARING
Next Hearing Date: 29-06-2026
Date: 29-06-2026
Business: Parties are absent.
Adv. Prathmesh Bhanuvanshi present through V.C. for plaintiff.
Adv. Chetna Sawant h/f adv. Ashwin Rana present for defendant and orally seeking time to argue the Ch/S.
Matter is adj. for Ch/S to 27.07.2026.
Next Purpose: C/S HEARING
Next Hearing Date: 27-07-2026
Date: 27-07-2026
Business: Parties are absent.
Adv. Prathamesh Bhanuvanshi i/b Adv. Sanjay Shinde present through V.C. for plaintiff.
Adv. Chetna Sawant h/f Adv. Ashwin Rana present for defendant and orally seeking time for Ch/S hearing. O-Time is granted subject costs of Rs.1000/- to be paid to the DLSA.
Matter is adj. for Ch/S hearing to 27.08.2026.
Next Purpose: C/S HEARING
Next Hearing Date: 27-08-2026
Date: 27-08-2026
Business: Coram H.H.J. SHRI. M.S.SHAIKH JUDGE, (C.R.No 32)
Parties are absent.
Adv. Prathmesh Bhanuwanshi present for plaintiff.
Adv. Ashwin Rana present for defendant.
Earlier cost not paid.
KB
LO at 1.30 pm.
Adv. Prathmesh Bhanuwanshi present for plaintiff.
Adv. Ashwin Rana present for defendant and filed cost compliance pursis. TOR.
Heard arguments on Ch/s no. 3073/25 by both the parties.
Matter is adj. for C/s order to 24.09.2026.
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-09-2026