Date: 02-11-2019
Business: Wrongly on board.
Already adj to 21.11.2019 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Adv. Pareira for plff present.
Original SJ 245/19 @ affidavit filed by adv. for plff. t.o.r.
Adv. Yasmin Sarang for deft. no. 1 present.
Adv. Rahul Agrawal for deft. no.2 present.
Adjd. to 13.01.2020 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Suresh Rajeshwar for plaintiff.
Adv. Yasmin for defendant No.1.
Adv. Rahul Agarwal for defendant No.2.
Adjd to 19.03.2020 for SJ Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-03-2020
Date: 19-03-2020
Business: None 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 summons for judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
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: SUMMONS FOR JUDGEMENT HEARING
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: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-10-2020
Date: 17-10-2020
Business: As Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
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 27.11.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-11-2020
Date: 27-11-2020
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 22/12/2020 summons for judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 16.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: Adv.Suresh Rajeshwar for plaintiff present.
Adv.Yasmin Sarang for defendant No.1 present.
Adv.Shailesh Kharat i/b. Adv.Rahul Agarwal for defendant No.2 present.
Adv.of plaintiff filed affidavit in rejoinder t.o.r.
Matter adjd to 08.02.2021 for Steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Suresh Rajeshwar for plaintiff present.
None present for defendant.
Ld. Adv. submits that the person handling the suit for the plaintiff is Corona affected. He seeks time. Time granted.
Matter adjd to 25.02.2021 for Steps.
LO
Adv.Sarang for defendant No.1 present.
Adv.Rahul Agarwal for defendant No.2 present.
Matter adjd to 25.02.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Reverting back to original Court on 23.03.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Matter taken on board by Court. In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment. Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit. None present for both the sides. Matter adjd to 09.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for plaintiff.
Adv. Yasmin Sarang for defendant No.1 present
Matter adjd to 03.05.2021 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 28.06.21 for summons for judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.07.2021 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 10.08.2021 for hrg. on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: PO is on Leave.
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 No.1.
Adv.Rahul Agarwal for defendant No.2 present.
The Ld. Adv. for defendant No.2 submits that an application under Order 1 Rule 10(2) is pending. He will file NM for the same.
Matter adjd for filing of NM by defendant No.2 and hearing of SJ 245/2019 on 08.09.2021.
Judge
LO at 12.39 pm
Adv.Sarang for defendant No.1 present.
Matter adjd for filing of NM by defendant No.2 and hearing of SJ 245/2019 on 08.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: None present for plaintiff.
Adv.Yasmin Sarang i/b.M.V.Kini and Co. for defendant No.1 present.
Adv.Mayuri Kale h/f.Adv.Rahul Agarwal for defendant No.2 present.
KB
LO at 01.20 pm
Adv.Yasmin Sarang i/b.M.V.Kini and Co. for defendant No.1 present.
Adv.Mayuri Kale h/f.Adv.Rahul Agarwal for defendant No.2 present. She filed adjournment application, Exh.3 t.o.r. O-Time granted as last chance.
Matter adjd to 11.10.2021 at 02.45 pm for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None present for plaintiff.
Adv.Yasmin Sarang i/b.M.V.Kini and Co.for defendant No.1 present.
Adv.Rahul Agarwal for defendant No.2 present.
Adv.of defendant No.2 tendered draft notice of motion (discharge defendant no.2) a/w.affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Copy of draft NM served to defendant No.1. Endorsement to that effect is made.
Matter adjd to 27.10.2021 for say of defendant No.1 on NM and service affidavit in respect of plff. (in NM), steps against defendant No.3.
Next Purpose: REPLY
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Suresh Rajeshwar present for plaintiff.
Adv. Yasmin Sarang present for defendant no. 1.
Adv. Mayuri Kale h/f Adv. Rahul Agarwal present for defendant no.2.
The plaintiff application for service of writ of summons Exh.04 to defendant no. 3 by email. O- Heard the plaintiff, read the application, read the address of defendant no.3.
The address of defendant no.3 is of China. Hence allowed to serve defendant no.3 by email through court. The plaintiff to file affidavit supporting the contentions regarding email address of the defendant.
The Ld. Adv for plaintiff submits that reply filed on 11.02.2019 shall be treated as their reply to NM 2435/21. Said reply is marked as Exh.05. The advocate for defendant submits that she has already received copy of said reply. The defendant no.1 wants to file reply to NM 2435/21. The advocate for defendant no.1 submits that she has received a copy of said NM.
Matter adjd to 02.12.2021 for service affidavit of defendant no.3, reply of defendant no.1 to NM 2435/21.
KB
LO at 1.45 p.m.
Same appearance for defendant no.2
Registered NM 2435/21 tendered by advocate for defendant no.2. t.o.r.
Matter already adjd to 02.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv.Suresh Rajeshwar for plaintiff present.
Adv.Mayuri Kale i/b. Rahul Agarwal for defendant No.2 present.
The plaintiff filed draft chamber summons (amendment) a/w. affidavit in support. O-Leave granted to register draft chamber summons. Copy of same is received by Adv.of defendant No.2. Endorsement to that effect is made.
Copy of draft chamber summons is kept on record for furnishing the same to defendant No.1.
Matter adjd to 23.12.2021 for reply to ch/s/hearing.
Next Purpose: REPLY
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
Adv. Mayuri Kale present for defendant no.2.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for reply to ch/s and hearing.
Next Purpose: REPLY
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
Adv.Mayuri Kale i/b.M.V.Kini and Co. for defendant No.2 present.
On oral request of the defendant time granted for filing reply in chamber summons (amendment). It is noted that the plaintiff has not tendered registered chamber summons. Plaintiff to comply with the same. In default necessary orders will follow.
Matter adjd to 03.03.2022 for service affidavit of suit summons for deft.No.3, reply of deft.No.1 in NM 2435/21 and reply by deft.No.1 and 2 in Ch/s.1823/21.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: Adv. Suresh Rajeshwar present for plaintiff.
None present for defendant No.1.
Adv. Mr. Rahul Agarwal present for defendant No.2.
The plaintiff tendered registered Ch/s No.1823/21 alongwith affidavit. t.o.r. Copy of same is received by the advocate for the defendant No.2.
Matter adjd to 24.03.2022 for hearing and reply of defendants in Ch/s No.1823/21 and hearing of NM No.2435/21.
Next Purpose: HEARING
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adjd to
Next Purpose: HEARING
Next Hearing Date: 20-04-2022
Date: 20-04-2022
Business: Adv. Rajeshwar for plaintiff present.
Adv.Yasmin Sarang for defendant No.1 present. She filed hand written reply on chamber summons.
Heard the plaintiff and defendant No.1 on chamber summons.
Matter adjd to 09.06.2022 for order on chamber summons.
Judge
LO at 12.10 pm,
Adv.Mayuri Kale for defendant present.
Matter adjd to 09.06.2022 for order on chamber summons.
Next Purpose: ORDER
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: None present for both parties.
K.B. L.O. at 12.30 p.m.
None present for plff.
Adv Yasmin Sarang for deft No.1 present and filed NM reply at Exh.6. Copy of NM reply served on adv for deft No.2.
Adv for deft No.1 is directed to serve NM reply on plff. and deft No.3.
Adv Mayuri Kole h/f Adv Rahul Agarwal for deft No.2 present.
Matter adjd to 05.07.2022 for CS hearing and NM reply of deft No.2, 3.
Judge
L.O.at 1.20 pm.
Adv Mr. Cesar Pareira for plffs present.
Already adjd. to 05.07.2022.
Next Purpose: C/S HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Suresh Rajeshwar Present for Plff.
Adv. Yasmin Sarang Present for Deft No.1.
Adv. Mayuri Kale Present for Deft No.2.
None Present for Deft no.3.
Heard argument on CS 1823/21 of plff and deft no.1 and 2.
F.R.S.R. following order on CS 1823/21.
1. Chamber summons No. 1823 of 2021 is allowed.
2. Plaintiff is allowed to add defendant No.2A-Punjab National Bank and insert para No.1A in the plaint as per schedule annexed with chamber summons.
3. Plaintiff shall carry out amendment within 14 days from the date of this order.
4. Chamber summons is disposed off.
Adj. For Compliance/NM Reply by deft. 2 and 3 on 29/07/2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Parera h/f Adv. Suresh Rajeshwar Present for Plff.
Adv. Jasmin Purani h/f Rahul Agarwal Present for Deft no.2.
Adv of plff seeks time for filing reply to NM 2435/21. Granted as a last chance.
Suit summons be issued to newly added to deft no.2(a).
adv of plff has filed draft NM along with affidavit for converting suit into summary suit. - Leave granted to register NM.
Adj. For NM returnable and reply of NM 2435/21 by plff, Service affidavit of Deft no.2(a) and Hearing SJ 245/19 on 29/09/2022.
LO 12.15.
Ex.01/1- Adv of plff filed copy of amendment plaint.
Adj. For NM returnable and reply of NM 2435/21 by plff, Service affidavit of Deft no.2(a) and Hearing SJ 245/19 on 29/09/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Adv. Suresh Rajeshwar Present for Plff.
Adv. Yasmin Sarang Present for Deft no.1.
Adv of plff tendered registered NM 3240/22 along with affidavit.
Adv of deft no.1 has filed say overleaf on NM 3240/22.
Adv of plff seeks for hearing on NM 3204/22.
Adj. For service affidavit in respect of NM 3240/22, 2435/21 and hearing on SJ 245/19 and Service affidavit of deft no.2(a) on 19/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Suresh Rajeshwar Present for Plff.
Adv. Rahul Agarwal Present for Deft no.2.
Adv. Yasmin Sarang Present for Deft no.2(a).
Ex.07 - VP filed by Adv.Yasmin Sarang I/b M/s M. V. Kini and Co. on behalf of deft no.2(a).
Ex.08 - Adv of deft no.2(a) filed reply to SJ 249/19. Copy be served otherside.
NM 3240/22 is for conversation of commercial suit into summary suit. Therefore it is necessary to call report of the Assistant Registrar of City Civil Court.
Adj. For Service affidavit of NM 2435/21, 3240/22 and hearing on SJ 249/19 and Service affidavit of deft no.2(a) and Report on 23/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Suresh Rajeshwar Present for Plff.
None Present for Deft.
Ex.09- Report of Assistant Registrar o this Court pertaining to NM 2435/21 received.
Copy of NM served on deft no.2 as per endorsement on the NM 3240/22.
KB LO 1.45 pm.
Adv. Yasmin Sarang Present for Deft no.1.
Adv of plff contended that he has filed reply at Ex.05 to the application dt.07/12/2018. The said reply be treated as reply to NM 2435/21.
adv of deft no.1, 2(a) has filed reply on overleaf of NM 3240/22.
Adv of deft no.2 and their advocate are absent. Deft no.2 already served with NM 3240/22 but did not file reply on NM 3240/22. Hence NM 3240/22 be proceeded without reply of Deft no.1.
Adj. For Hearing on NM 2435/21, 3240/22, SJ 245/19 on 21/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Suresh Rajeshwar Present for Plff.
Adv. Jasmin Purani h/f Rahul Agarwal Present for Deft.
LO 12.00 pm.
Adv. Suresh Rajeshwar Present for Plff.
None Present for Deft.
Adv of plff seeks adjournment for hearing on NM. Adj. Granted.
Adj. For Hearing on NM 2435/21, NM 3240/22 and SJ 245/19 on 23/01/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: Adv. Suresh Rajeshwar Present for Plff.
None Present for Deft.
Heard adv of plff on NM 3240/22.
Adj. For Order/ hearing on NM 3240/22 and Hearing NM 2435/21, SJ 452/19 on 07/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: None present for plaintiff.
Adv. Jasmin Purani h/f. Rahul Agarwal for defendant No.2 present.
Adv. Yasmin Sarang for defendant No.1 present.
Heard advocate of defendant Nos.1 and 2 on NM No.3240-2022.
Case adjourned for order on NM to 09.03.2023.
Next Purpose: NM ORDERS P.H.
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Suresh Rajeshwar for plaintiff present.
None present for defendant No.1
Adv. Aprajita Mahto for defendant no.2 present.
FRSR following order passed.
ORDER
Notice of Motion No.3240 of 2022 stands rejected.
---------------------
Case adjd for hearing on NM No.2435-2021 and SJ 245-2019 to 06.04.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Adv. Suresh Rajeshwar Present for Plff.
None Present for Deft no.1.
Adv. Akrajita Mahato I/b Adv. Rahul Agarwal Present for Deft no.2.
adv of deft no.2 seeks adjournment on the ground that advocate is on record is personal difficulty. Adv of plff has no objection. Adj. Granted.
Adj. For Hearing on NM 2435/21 on 13/06/2023.
LO 11.50.
Adv. Yasmin Sarang Present for Deft no.1.
Adj. For Hearing on NM 2435/21 on 13/06/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: 13.06.2023
46
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm. Suit 120/2021 @ Sum. for Judgt 245/2019@ NM 2435/2021
Adv. Suresh Rajeshwar for plaintiff present.
Adv. Yasmin Sarng h/f M/s. M.V. Kini and co. for defendant no. 1 present.
Adv. Aprajita Mahato i/b Adv. Rahul Agarwal for Defendant no. 02 present.
Adjd to 12/07/2023 for Summons for judgment hearing.
Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Suresh Rajeshwar for plff present.
Adv. Sajeed Sayyad h/f Rahul Agarwal for deft no. 2 present.
Adv. Yasmin Sarang h/f M.V. Kini for deft. no. 1 present.
Heard Ld. adv of plff, of deft no. 1 and 2 on NM no. 2435/21. Put up the matter for order on NM no. 2435/21.
Adjd.to 17.07.2023 for Order on NM. no. 2435/21 and hearing on SJ no. 245/19.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Adv. S.T. Manek for plaintiff present.
Order Below Exh. 1.
O R D E R
(Delivered on 17/07/2023)
1. I have perused the contents of the plaint. According to the plaintiff she has advanced loan to the defendants. There is no pleading about any money lending license which is issued in favour of the plaintiff. Therefore, it prima-facie appears that plaintiff is not in the business of money lending hence, the dispute between the parties is not covered in the definition of “Commercial Disputes” as given in Section 2(1) (c) of the Commercial Court’s Act, 2015.
2. That in view of the above discussed position, the present suit is not triable as a Commercial Suit hence, the registry of this court is hereby directed to re-register the suit and assign the matter to some other court other than a Commercial Court. The plaintiff is directed to appear before the concerned court on 8/8/2023.
Matter is adj for compliance to 08/08/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2023
Date: 08-08-2023
Business: adj to 18.08.2023
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Representative of Plff present. He submitted that the Ld. Adv. for Plff is unable to attend the Court today.
Adv. Sajid Sayyed h/f Adv. Rahul Agarwal for Deft. No.2 is present.
Adv. Yasmin Sarang I/b M.V. Kini and Co. for Deft. No.1 present.
Matter is adj for summons for judgment hearing to 11.09.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Mr. Rajeshwar for plaintiff present.
Adv. Yasmin Sarang h/f Adv. M.V. Kini for deft no.1. present.
Adv. Gaurav Yadav h/f Adv. Rahul Agarwal for deft no.2 present.
O- Ld. adv. for plaintiff submitted that the Defendant no. 2 had filed notice of motion for striking off its name from the array of Defendants but the said notice of motion was rejected. Till today, the vakalatnama for Defendant no. 2 is not filed in the suit. Ld. Adv. for deft no.2 submitted that on the next date the vakalatnama will be filed. Therefore, matter adjourned for steps by Defendant no.2.
Matter is adj for steps by deft no.2 to 06/10/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Adv. Rajeshwar present for plaintiff.
Adv. Sajid Sayyed h/f Rahul Agarwal present for Defendant NO.2.
None present for defendant No.1.
Ld. Adv. for Defendant No.2 pointed out that VP was filed for defendant No.2 on 07-12-2018.
Ld. Adv. for the plaintiff pointed out that the plaint was filed under Order XXXVII of the Code of Civil Procedure Code and the suit was registered as summary suit. Therefore, it was necessary for the Defendant NO.2 to file appearance within 10 days.
Order- It appears from the previous roznamas that the plaintiff has not filed affidavit of service till today therefore, the date of service of summons to the defendant cannot be ascertained. Hence, the Ld. Counsel for the plaintiff is directed to file service affidavit on next date.
Matter adjd. for affidavit of service on 08-11-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: Adv. Suresh Rajeshwar for plaintiff is present.
None present for def nos. 1 and 2.
Exh.10- Affidavit of service of writ of summons a/w original writ of summons and RPAD acknowledgment cards.
The writ of summons served on def. no. 1 and 2 on 02.11.2018 and 05.11.2018 respectively.
O- The NM No. 2435/2021 taken out by the def. no. 2 was rejected on 18.07.2023 and it is pointed out that no Vakalatnama has been filed in the main suit for def. no. 2 till today. Hence, matter to proceed ex-parte against def. no. 2.
Matter is adj. for S.J. hearing to 18/12/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-12-2023
Date: 18-12-2023
Business: Adv. Suresh Rajeshwar for plaintiff is present.
Adv. Yasmin Sarng h/f M/s. M.V.Kinney for def.no. 1 is present.
ld. adv of plaintiff prayed for time to take steps against def. no. 3. O-Time granted as prayed for.
Matter is adj. for steps to 29/01/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
The plaintiff and his advocate are absent.
Adv. Pathak i/b M. V. Kini And Co. for defendant No.1 is present.
Matter is adjourned for taking steps against defendant No.3 to 28.02.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Nidhi Revankar h/f Adv. Suresh Rajeshwar for plaintiff is present and filed Vakalatnama. Taken on record and marked as Exh. 11.
Adv. Yasmin Sarang i/b M/s. M.V. Kini and Co. for defendant No. 1 is present.
None present for deft no. 2.
Matter is adj. for taking steps against deft no. 3 to 22.03.2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2024
Date: 22-03-2024
Business: Court is on half day leave in first session.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2024
Date: 19-04-2024
Business: Adv. Nidhi Revankar i/b Adv. A.G. Rewankar and co. for plaintiff is present and tendered draft Ch/S along with affidavit in support. O.-Leave granted to register it.
None present for defendant no.1.
Matter is adj. for Ch/S returnable to 13/06/2024.
Later on at 01.00 p.m.
Adv. Yasmin Sarang i/b M.V. Kini and Company for defendant no. 2 is present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: Adv. Revankar for plaintiff is present and tendered registered Ch/S No. 1013/2024 along with affidavit in support.
None present for defendant.
Heard.
Matter is adj. for Order on Ch/s. 1013 of 2024 to 24.06.2024.
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: None present.
Order Below Chamber Summons No. 1013 of 2023
The present Chamber Summons is filed by the plaintiff for service of writ of summons upon defendant no. 3 on his official email I.D. and by way of RPAD on its address. It is stated in the affidavit in support of Chamber Summons that the defendant no. 3 is having his address in Tianjin, China and writ of summons was issued through registered post but neither the acknowledgment card nor the registered post envelope has returned back. There has been prior email correspondence between the other defendants and defendant no. 3 and the registered email I.D. of defendant no. 3 is mentioned in the said correspondence. Heard the ld. Adv of plaintiff. He pointed out that, a copy of said correspondence was also forwarded to the plaintiff by the parties therefore, permission may kindly be granted to issue writ of summons on the said email I.D. I have perused the record. The defendant no. 3 is yet to be served and the copies of email correspondence annexed with the plaint bears the email I.D of the defendant no. 3. The suit summons could not be serve upon it despite of efforts taken by the plaintiff. Hence, I proceed to pass the following order.
a) Chamber Summons No. 1013 of 2024 is hereby allowed.
b) Issue writ of summons through electronic mode to the defendant no. 3 on the email I.D. stated by the plaintiff in the present Chamber Summons.
c) Writ of Summons be simultaneously issued against the defendant no. 3 through RPAD.
d) Chamber Summons disposed off accordingly.
Matter is adj. for service affidavit to 14/08/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: (Matter pertains to CR-32.)
Adv. Nidhi Revenkar i/b Adv. A.G. Revankar present for plaintiff in C.R. No. 32 and prayed for extension of time to serve writ of summons to defendant no. 3. O-Time extended as prayed for.
Adv. Maya Dave i/b M.V. Kini and Co. present for defendant no.1 in C.R. No. 32.
Matter is adj. for service affidavit to 04/10/2024.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2024
Date: 04-10-2024
Business: Coram: H.H.J. SHRI. V. S. HINGNE, JUDGE (C.R.No 31)
(Matter pertains to CR-32.)
Advocate Nidhi Revenkar present for plaintiff in C.R. No. 32.
Advocate Pradnya Lade present for defendant no. 1 in C.R.No.32.
Exh. 12- Plaintiff filed service affidavit alongwith original writ of summons.
Matter is adj. for order on Exh. 12 to 06.11.2024.
Next Purpose: ORDER
Next Hearing Date: 06-11-2024
Date: 06-11-2024
Business: Court is vacant hence adj. to
Next Purpose: ORDER
Next Hearing Date: 10-01-2025
Date: 10-01-2025
Business: Parties are absent.
None for plaintiff present.
Adv. Maya Dave i/b M.V. Kini and Co. for defendant No.1 is present.
Defendant No.2 and 3 are absent hence matter is adjourned for steps against defendant No.2 and 3 and by defendant No.1 if any.
Matter is adj. for steps to 04.04.2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: Parties are absent.
Adv. Nidhi Revankar i/b AG Revankar and company present for plaintiff.
Adv. Maya Dave h/f M.V. Kini and co. present for defendant no. 1
Exh. 13 Application for service summons for judgment dated 04.04.2025
Heard the Ld. Adv. Nidhi Ravankar who pointed out that he served defendant at China Country address through E mail as per High courts rule framed for the said purpose hence application is allowed.
Matter is adj. for Service Report to 03.07.2025
Next Purpose: SERVICE
Next Hearing Date: 03-07-2025
Date: 03-07-2025
Business: Parties are absent.
Adv. Revankar a/w Adv. Devdatta Chalke present for plaintiff.
Adv. Het Gala present for defendant no.1.
Matter is adj. for filing service affidavit of S.J./S.J. hearing to 05.07.2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-07-2025
Date: 05-07-2025
Business: Parties are absent.
Adv. Revankar present for plaintiff and pointed ut that S.J is contested against only defendant no. 1 and not against defendant nos. 2 and 3.
Exh.14 - Service affidavit pertains to S.J. filed by ld. Adv of plaintiff. O-Read and Record.
Adv. Het Gala present for defendant no.1.
Matter is adj. for S.J. hearing to 06.08.2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-08-2025
Date: 06-08-2025
Business: Parties are absent.
Adv. Rajesh Revankar i/b Adv. A.G. Revankar and Co. present for plaintiff.
Adv. Het Gala i/b M.V. Kini and Co. present for defendant.
As court is busy in administrative work as per Letter issued by Honble High Court, bearing No.5504/2024/1390/2025 and recording evidence in Com. Suit No. 646/2024 ( High Court Com. Suit No. 02/1998, having age of 27 yrs.). Hence, rest of the board is discharged.
Matter is adj. for S.J. hearing to 26.09.2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: Parties are absent.
Adv. Rajesh Revankar present for plaintiff.
Adv. Aditi Giri i/b MV Kini present for defendant.
Matter is adj. for S/J hearing to 30/10/2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-10-2025
Date: 30-10-2025
Business: Summons for Judgment No. 245/2019 is in previous summary civil suit no. 1149/2018. Hence, the present suit after converting into commercial suit became of the year 2021.
Parties are absent.
Adv. Rajesh Revenkar present for plaintiff and filed compilation of documents in S.J. TOR. Marked as Exh. 15. O-Call reply of defendant.
Adv. Aditi Giri i/b M.V. Kini and Co. present for defendant.
Matter is adj. for S.J. hearing to 12.11.2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-11-2025
Date: 12-11-2025
Business: Parties are absent.
Adv. Rajesh Revenkar present for plaintiff.
Adv. Aditi Giri present for defendant no.1 and filed written notes of arguments in S.J. TOR.
Matter is adj. for S.J. hearing to 09.12.2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-12-2025
Date: 09-12-2025
Business: Parties are absent.
Adv. Rajesh Revankar present for plaintiff.
Adv. Aditi Giri i/b M.V. Kini and Co. present for defendant.
Matter is adj. for S.J. haring to 20.01.2026.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-01-2026
Date: 20-01-2026
Business: HHJ is on leave.
Hence, matter is adj to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: Parties are absent.
Adv. Revankar present for plaintiff.
Adv. Aditi Giri present for defendant.
Heard both sides on S.J.
Following order is passed in S.J. No. 245/2019.
For the reason separately recorded.
Operative part of order.
1. Summons for Judgment No.245 of 2019 is disposed off in following terms.
2. Unconditional leave to defend is granted to the defendant.
3. Defendant shall file the written statement on next date without fail.
4. Summons for judgement is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 17-02-2026