Date: 01-03-2021
Business: Adv.Riddhi Vadodaria for plaintiff present.
None present for defendant.
Issue suit summons to the defendant.
Matter adjd to 26.03.2021 for summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Pratik Korgaonkar for plaintiff present.
None present for defendant.
Matter adjd to 23.04.2021 for awaiting report.
Next Purpose: REPORT
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 19.06.2021.
Next Purpose: REPORT
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Pratik K. Korgaonkar h/f Adv. Yogesh Gandhi for plaintiff present.
None present for defendant.
Plaint
Vakalatnama
Memorandum of registered address.
List of documents.
The plaintiff filed service affidavit along with original writ of summons and acknowledgment card t.o.r. marked as Exh.5 colly.
Matter adjd to 31.08.2021 for orders against defendant.
Next Purpose: FOR___________________
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None present for plaintiff.
Adv.Abhay Ghag for defendant present. He undertakes to file vakalatnama on next date.
Today the matter is fixed for passing ex-parte order against the defendant. Read the service affidavit, Exh.5. the defendant appears to have been served March 2021. Till today, the defendant has not duly appeared, hence, suit to proceed ex-parte against defendant.
Matter adjd to 20.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None present for plaintiff.
Adv.Sachin K. Hande present. He undertakes to file vakalatnama on next date on behalf of defendant. He submits that the defendant want to take steps for appearance. Plaintiff is absent.
Matter adjd to 07.10.2021 for ex-parte evidence.
Judge
LO at 12.23 pm
Adv.Pratik Korgaonkar i/b.Adv.Yogesh Gandhi for plaintiff present. He sought time for filing evidence.
Matter adjd to 07.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.02 pm
Adv.Pratik Korgaonkar h/f.Adv.Yogesh Gandhi for plaintiff present.
The plaintiff tendered affidavit of evidence a/w. list of documents t.o.r. and marked as Exh.6 and Exh.7 respectively.
PW-1, Mr.Manish Kantilal Bhayani resumed on S.A.
KB for filing vakalatnama by defendant.
LO at 01.02 pm
Adv.Pratik Korgaonkar h/f.Adv.Yogesh Gandhi for plaintiff present.
Adv.Abhay Jadhwar present and filed vakalatnama, Exh.8 for DD Abhijeet and Associates on behalf of defendant t.o.r.
Adv. of defendant filed draft notice of motion a/w.affidavit in support (for setting aside ex-parte order) t.o.r.
O-Leave granted to register NM.
Copy of draft NM is furnished to advocate of plaintiff. Endorsement to that effect is made.
The defendant has also filed written statement. Kept for order.
Copy of WS is furnished to advocate of plaintiff. Endorsement to that effect is made.
Copies of Exh.6 and Exh.7 are furnished to advocate of defendant by plaintiff. Endorsement to that effect is made.
Matter adjd to 25.10.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: None present for plaintiff.
Adv. Abhay Jadhavar present for defendant.
KB as defendant is filing registered NM
LO at 12.55 p.m.
Adv. for the defendant Abhay Jadhavar filed registered Notice of Motion No.2368/2021. Copy is already received by the plaintiff vide endorsement dated 07.10.2021.
Matter adjd to 18.11.2021 for filing reply to NM.
Next Purpose: REPLY
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: Representative of plaintiff Ms.Tasneem Husain present.
None present for defendant.
On oral request matter adjd to 25.11.2021 for reply to NM.
Next Purpose: REPLY
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Ms.Tasneem Husain h/f.Adv.Yogesh Gandhi for plaintiff present.
None present for defendant.
On oral request adjd for reply on 01.12.2021.
Next Purpose: REPLY
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Yogesh Gandhi for the plaintiff present and filed affidavit in reply in NM No.2386/21 t.o.r and marked as Exh.9
He also placed copy of Exh.9 on record for the defendant.
None for defendant.
Matter is adjd. to 17-12-2021. for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: None present for plaintiff.
Adv.Nagesh Khedkar i/b.D.D. and Abhijeet Associates for defendant present.
The defendant received copy of reply, Exh.9 in NM No.2386/2021.
On oral request of defendant adjd for hearing on NM No.2386/21 on 06.01.2022. Rejoinder if any shall be served in advance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Parshram Parawade-registered clerk of adv. for plaintiff present.
He submits that plaintiff\''s adv. is unable to attend and reply Exh.9 be treated as plaintiff\''s arguments in NM.
None present for defendant.
No argument of the defendant in NM 2386/21.
Matter adjd to 21/1/2022 for Order in NM 2386/21.
Next Purpose: ORDER
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
None present for defendant.
KB.
F.R.S.R. following order is passed in Notice Motion No.2386/2021-
O R D E R
1. Notice of Motion No. 2386/2021 is allowed.
2. The order dated 31/8/2021 directing the suit to proceed ex parte is set aside and the defendant is allowed to file the Written Statement. Accordingly the written statement filed on 7/10/2021 is taken on record and marked as Exh.10.
Matter adjd to 11.02.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
Adv.Reshma Kolekar i/b.D.D.Abhijeet and associates for defendant present.
In view of SOP dated 06.01.2022, matter adjd to 10.03.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.27 pm,
Adv.Yogesh Gandhi for plaintiff present. He is ready to file pursis for admission and denial. No admission and denial by the defendants, hence, case to proceed without admission and denial of the defendant.
KB for filing pursis by the plaintiff.
LO at 12.35 pm,
Adv.Yogesh Gandhi for plaintiff present.
Adv.N.S.Khedkar i/b.Adv.D.D.Abhijeet and Associates for defendant present.
The plaintiff filed pursis in respect of admission and denial t.o.r. and marked as Exh.11.
Matter adjd to 31.03.2022 for issues and CMH.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: None present for plaintiff.
None present for defendant.
As Court is busy in dictating judgment in Commercial Suit No.398/2020, Commercial Suit No.07/2020, NM No.2769/21 and NM No.644/2022, hence, matter adjourned.
Matter adjd to 21.04.2022 for framing of issues.
Judge
LO at 11.5 am,
Adv.A.A. Jadhwar h/f.D.D.Abhijeet and Associates for defendant present.
Matter adjd to 21.04.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present for plaintiff.
Adv.N.S.Khedkar h/f.D.D.Abhijeet and Associates for defendant present.
Matter adjd to 13.06.2022 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv Payal Shah h/f Yogesh Gandhi present for plaintiff.
Adv Abhay Jadhwar present for defendant.
Both parties have not filed draft issues.
Heard argument on issues.
Issues framed at Exh.12.
Matter adjd to 07.07.2022 for CMH.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Yogesh Gandhi a/w Adv. Payal Shah present for plff.
None Present for Deft.
Heard adv of plff on case management schedule. Fixed CMS as under.
Date Business.
26/07/2022 Chief examination of PW-1
30/07/2022 Cross examination of PW 1
03/08/2022 Chief examination of DW-1
11/08/2022 Cross examination of DW-1
17/8/2022 Arguments
Adj. For Chief examination of PW-1 on 26/07/2022.
LO 12.30pm.
Adv. Mohan Kumbhar I/bAbhijeet Kulkarni Present for Deft and he submitted that, deft do not want to examine witness. Hence CMS reschedule as under.
Date Business.
26/07/2022 Chief examination of PW-1
30/07/2022 Cross examination of PW 2
03/8/2022 Arguments
Adj. For Chief examination of PW-1 on 26/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: Representative Namely Mr. Manish Kantilal Bhayani present for plff.
KB LO 2.45 pm
Adv. Abhay Jadhav Present for Deft.
Chief examination of PW-1 at Ex.06
Heard plff and adv of deft on the point of marking of documents.
Photocopies of document filed with plaint are the same filed with list of document (Ex.7). These document also refer in the chief examination. Documents marked Exhibit as under.
Ex.13- The true extract of the resolution dt.26/02/2019 passed in the meeting of the Board of Directors, by which the plaintiff authorized the deponent who filed the present suit.
Ex.14- The letter of authority dt. 26/02/2019, by which the plaintiff authorized the deponent who filed the present suit.
Ex.15- The Original delivery order / purchase order/ quotation confirmation No.1761/2016-2017 dt. 03/12/2016 duly sent by the defendants vide email dt.05/12/2016 from the email id of the defendant sadashivmis2@gmail.com on the email of the plantiff purchase@coatingsandcoatings.co.in
Ex.16- The Four Original Invoices by which the defendants partially sold, supplied and delivered the goods to the plaintiff along with the respective original delivery challans thereof, which the defendants with the dishonest and malafide intentions supplied the goods in part in the indefinite intervals, which shall also include the respective original confirmation of weight slips, requisition slips for SDS, Excise formalities including the Transportation details thereof..
Ex.17- Original officer copy of the debit note No.66 dt. 16/12/2017 as narrated hereinabove.
Ex.18- Original officer copy of the revised debit note bearing No.116/A dt.01/03/2019 alongwith the calculation sheet as narrated hereinabove.
Ex.19- Original officer cop of the plaintiff\''s Notice of demand dt.20/01/2018 alongwith endorsed and acknowledge byt eh company under is rubber stamp and date.
Adj. For Cross examination of PW-1 on 30/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2022
Date: 03-08-2022
Business: None Present for Plff.
Adv. Abhijeet Kulkarni Present for Deft.
PW-1 Mr. Manish Kantilal Bhayani present.
Adv of deft has taken cross examination of PW-1.
Adj. For Further Evidence of Plff on 26/08/2022.
LO
Adv of plff present.
Ex.20 Adv of plff has filed evidence closure pursis. Seen and filed.
Adj. For Evidence of deft on 26/08/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv Abhijeet Kulkarni for defendant present.
Plaintiff present.
L.O. at 01.05 p.m
Adv. Yogesh Gandhi a/w Adv. Sanio Dcruz for plaintiff present.
Advocate of plaintiff contented that plaintiff want to file additional documents and therefore, matter be adjourned for filing NM for additional documents.
Case adj for filing additional documents to 12/09/2022.
Next Purpose: FOR___________________
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: None Present for Plff.
Adv. Mohan C. Kumbhar I/b Adv. Abhijeet Kulkarni Present for Deft and seeks time for adducing evidence. Granted.
KB LO 1.22.
Adv. Yogesh Gandhi Present for Plff.
Adv of plff has filed draft NM along with affidavit for permission to file additional document evidence.
Adj. For NM returnable and Evidence of deft on 26/09/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: Adv. Yogesh Gandhi Present for Plff.
None Present for Deft.
Adv of plff has tendered registered NM 3449/22 along with affidavit.
Adj. For Reply to NM 3449/22 and Evidence of deft on 03/10/2022.
Next Purpose: REPLY
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None present.
Case adjd for reply on Nm no. 3449/2022 and evidence of the defendant on 19.10.2022.
NM 3449/22
Next Purpose: REPLY
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Yogesh Gandhi Present for Plff.
None Present for Deft.
Deft has not filed reply to NM 3449/22.
Adj. For Hearing on NM 3449/22 on 17/11/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Business: None Present for Plff.
Adv. Mohan Kumbhar I/b DD Abhijeet and Associates Present for Deft.
Adj. For Hearing on NM 3449/22 on 08/12/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2022
Date: 08-12-2022
Business: court is on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-12-2022
Date: 20-12-2022
Business: Adv. Yogesh Gandhi Present for Plff.
None Present for Deft.
Heard argument adv of plff on NM 3449/22.
Adj. For Order on NM 3449/22 on 13/01/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: Adv. Savio D’cruz I/b Adv Yogesh Gandhi Present for Plff.
None Present for Deft.
F.R.S.R. following order passed on NM 3449/22
Notice of motion No.3449/2022 is rejected.
Adj. For Evidence of deft on 31/01/2023.
LO 2.45 pm.
Adv. Mohan Kumbhar Present for Deft.
Adj. For Evidence of deft on 31/01/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: None present.
Today case for evidence of defendant. However, defendant and his advocate remained absent. As such to have an opportunity case adjd for evidence of defendant as last chance on 13.02.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-02-2023
Date: 13-02-2023
Business: None present.
KB L.O. at 12.54 pm
Adv. Savio Dcruz I/b Adv. Yogesh Gandhi for plaintiff is present.
None for defendant.
Today case is for defendant evidence as on previous date last chance was granted to defendant. But today also defendant remained absent. Hence, right of defendant to adduce evidence is hereby forfeited.
Case is adjourned for final argument to 06-03-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Savio Dcruz h/f Adv. Yogesh Gandhi for plaintiff present.
Representative of plaintiff present.
Adv.of plaintiff seeks adjournment on the ground that advocate on record is not feeling well. Adjournment is granted.
Case adjd for argument to 18.03.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Savio D’souza h/f Yogesh Gandhi for plff present.
Ad. Mohan Kumbhar I/b Abhijeet Kulkarni for deft.present.
Exh. 21- Adv.of deft has filed application for adjournment on the ground that Mother of advocate of Shri. Abheejit Kulkarni hospitalized. Adjournment granted has last chance.
Case adjourned for argument to 24.03.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: None present for plaintiff.
None for defendant present.
KB
LO at 12.45 p.m.
Adv. Savio D’cruz i/b. Adv. Yogesh Gandhi for plaintiff present and filed adjournment application on the ground that advocate of plaintiff travelled to Australia to attend the Felicitation Ceremony of his daughter.
None present for defendant.
Adjournment granted subject to cost of Rs.1,000/- to be paid to defendant to 25/04/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2023
Date: 25-04-2023
Business: None Present for Plff.
Adv. Chinmay Patil I/b DD Abhijeet and Associates Present for Deft.
Adv of deft contended that he has received costs of Rs.1000/- from adv of plff as per order dt.18/04/2023.
Exh.22. Adv of deft has filed written notes of argument. Copy be supplied to otherside.
Adj. For Argument by plff on 13/06/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: 13.06.2023
03
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm SU 24/2021
Adv. Savio Dcruz i/b Adv. yogesh Gandhi for plaintiff present.
Adv. Chinmay Patil i/b Adv. D. D. Abhijeet and associates Abhay Jadhwar for Defendant present.
K.B. for Written notes of arguments.
L.O. at 2.45pm
Adv. Savio Dcruz i/b Adv. yogesh Gandhi for plaintiff present.
He orally requested for adjd. On the ground that his senior is absent due to medical emergency.
O- Adjd. Granted as prayed for.
Adjd to 04/07/2023 for Written arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: None present for plaintiff.
Adv. Chinmay Patil I/b DD Abhijeet and Associates for defendant present.
KB LO 1.35 pm.
None present for the parties.
Adjd. to 25/07/2023 for arguments.
LO 3.15 pm.
Adv. Yogesh Gandhi present fro plff.
Adjd. to 25/07/2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-07-2023
Date: 25-07-2023
Business: Adv. Shri. Yogesh Gandhi for plaintiff present.
Adv. Chinmay Patil i/b D D Abhijeet and Associates for defendant present.
As Court is busy in passing orders in another matters for want of time matter is adjourned.
Matter is adjourned for Arguments to 05.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2023
Date: 05-08-2023
Business: None present for parties.
KB
L.O at 01.25 p.m.
Adv. Savio D’cruz for plaintiff is present and orally prayed for time to file written notes of argument.
O- Time granted as prayed for.
Matter is adj for written notes of argument on behalf of plaintiff to 18/08/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-08-2023
Date: 18-08-2023
Business: Adv. Mr. Savio D\''cruz i/b. Mr. Yogesh Gandhi for plaintiff present.
Exh.23 Learned advocate for plaintiff filed written notes of arguments.
Matter is adj for final arguments to 02.09.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: None present parties.
KB
L.O at 12.45 p.m.
Adv. Samual D’Cruz for plaintiff is present.
None present for defendant.
Matter is adj for arguments to 11/09/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-09-2023
Date: 11-09-2023
Business: Adv. Savio D’cruz i/b. Yogesh Gandhi for plaintiff is present.
None present for defendant.
At 1.00 pm.
L. O at 3.15 pm
Adv. Savio D’cruz i/b. Yogesh Gandhi for plaintiff is present. None for Defendant when again called. O- The defendant to take note that the final arguments shall be heard on behalf of the plaintiff on the next date and if none appears for the defendant on that date, then the matter will be posted for judgment.
Matter is adj for final arguments to 20/09/2023
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Adv. Savio D’cruz i/b Yogesh Gandhi for plaintiff is present.
None present for def.
KB...L.O at 01.45 p.m.
Same appearance of ld. adv of plaintiff.
Ld. adv of plaintiff orally prayed for time for final arguments. O-Time granted till next date.
Matter is adj for arguments to 10/10/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: None present.
L.O at 03.00 p.m.
Adv. Savio D’cruz i/b Yogesh Gandhi for plaintiff is present.
None present for defendant.
Matter is adj for arguments to 06/11/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-11-2023
Date: 06-11-2023
Business: None present.
KB.Later on At 01.55 p.m.
None present.
Later on at 03.55 p.m.
Adv. Saviu D’cruz i/b Adv. Yogesh Gandhi for plaintiff is present.
None present for def.
Heard final arguments of ld. adv of plaintiff.
Matter is adj. for citations to 13/12/2023.
Next Purpose: CIATATION
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: HHJ is on leave. Hence adjd.
Next Purpose: CIATATION
Next Hearing Date: 19-12-2023
Date: 19-12-2023
Business: None present.
Matter is adj. for citation to 05/01/2024.
Later on at 12.30 p.m.
Adv. Chinmay patil for def. is present and orally requested to give the def. a chance to make oral final arguments. O- Keep the matter for final arguments on behal fo f the def. as last chance.
Next Purpose: CIATATION
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: None present.
Matter is adj. for final arguments to 22/01/2024.
Later on 12.35 p.m.
Adv. Yogesh Gandhi for plaintiff is present and pointed out that on the last date last chance was granted to the def. for final arguments. The plaintiff’s arguments concluded on 06.11.2023.
O – None present for def. despite of last chance for arguments hence, put up the matter for Judgment on next date.
Later on at 01.45 p.m.
Adv. Abhinav Tayade for def. is present and submitted that the written notes of arguments was already filed in the month of April, 2023. Therefore, Court may treat the same as oral final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: None present.
Matter is adj. for Judgment to 05/02/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: HHJ in on leave. Hence adjd. to
Next Purpose: JUDGMENT
Next Hearing Date: 12-02-2024
Date: 12-02-2024
Business: None present.
KB
Following order is passed.
For the reason separately recorded.
Operative part of order
Commercial Suit No. 24/2021 is hereby dimissed with costs.
Nature Of Disposal: DISMISSED
Disposal Date: 12-02-2024