Shri Shankarlal Udaychand Singhania - Suit St. No. 10634 of 2019VsShri Pooranmal Bansal And Ors

Date: 08-11-2019
Business: Adv. Kiran Mohite for plaintiff present and filed original NM no. 3945/18 supported by affidavit and he also filed affidavit of service in NM no. 3945/18.
Adv. Deshmukh for defendant no. 1 and 2 present and seeks time to file reply to NM.
Ld. counsel for plaintiff submitted that as per affidavit of service the defendants were tried to be served and they were refused to accept the service as per annexure -A. Therefore, they have been served with the NM by registered post vide Ex-B. The landlord Mr. Mansukhlal Vora has been joined as party in the NM. Therefore, he pressed for passing interim order granting protection to plaintiff till reply is filed to NM and matter could be heard. Ld. counsel for defendant no. 1 and 2 has opposed to passing of any interim order without considering the reply.
Considering the submissions made before the court, landlord is directed to maintain status quo regarding transferring of rent receipt/tenancy standing in the name of partnership firm till next date.
Ld. counsel for defendant no. 1 and 2 are granted time to file reply.
Matter stands Adj for reply to NM on 09.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: Adv. Mohite for plaintiff present.
Adv. Abhijit Deshmukh for defendant no. 1 and 2 present.
Earlier order to continue till next date.
By consent, Matter stands Adj for NM hearing to 22.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. Kiran Mohite for plaintiff present.
Adv. Abhijeet Deshmukh for Deft. No. 1 and 2 present and seeks time to file reply to the NM.
Pratibha Shere (Board Dept) present.
Heard on the office objection submitted before the court that the present Suit has been treated as Commercial Suit and given Stamp No. 10634/19 but as per valuation of the Suit claim as per para 20 read with 21(A) of the plaint Suit is valued at Rs. 10,000/- only. As per Commercial Court Act, the valuation of Commercial Suits has to be Rs. 3,00,000/- or above. Hence, necessary orders may be passed.
After going through the plaint and documents filed on record as well as Commercial Court Act, 2015, I find substance in the office objection. It is upheld. Suit will have to be registered as regular (Short Cause) Suit and proceed accordingly.
Office to do the needful and comply
Earlier order to continue.
Matter stands Adj for Compliance by office and NM Reply
to 25.02.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-06-2020

Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020

Date: 25-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Business: As holiday was declared, taken on 27/08/2020.
Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: Adv Mr. Kiran Mohite for plff present.
Adv Mr. Ashwin Bhadang for deft Nos.1 and  2 present and filed VP at Exh. on behalf of deft No.2. He gave oral undertaking that he will file VP on behalf of deft No.1 on next date.  His oral undertaking is accepted. He filed reply on behalf of deft Nos.1 and  2 to NM No.3945/2019.
By consent, matter is adjd. for NM hearing and for filing VP on behalf of deft No.1 to 12.04.2021.
Earlier interim order to continue till then.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021

Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv Mr. Lokhande for plff present and seeks time to file rejoinder.
Adv Mr.Ashwin Bhadang for deft Nos.1 and 2 present and seeks time to file V.P. on behalf of deft No.2.
By consent, matter is adjd. for filing rejoinder and V.P. on behalf of deft No.2 to 03.12.2021.
Earlier order, if any, to continue till next date.
Next Purpose: REJOINDER
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Adv. A.A. Lokhande for plff. present and filed affidavit in rejoinder in Notice of Motion No.3945 of 2021.
Adv.Nikhil Ghate alogwith Adv. Ashwin Bhadang for defendant No.2 and filed vakalatnama at Exh.3 on behalf of defendant No.2 of advocate Nikhil Ghate alongwith hard copy of email of no objection of previous advocate.
Advocate Ashwin Bhadang gave oral undertaking that he will file vakalatnama on behalf of defendant No.1 on next date.
By consent, matter is adjourned for NM hearing to 28.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: None present for plff.
Adv. Nikhil Ghate for deft. Nos. 1 and 2 present and filed his vakalatnama at Exh.3 on behalf of defendant Nos.1 and 2. He also filed Written Statement on behalf of defendant Nos.1 and 2. He submitted that though copies of plaint and annexures are served on defendants, affidavit of service of writ of summons is not filed by the plaintiff. Perusal of the record shows that plaintiff has filed affidavit of service of Notice of Motion. The written statement filed today is kept on record. As nobody is present for the plaintiff the aspect about its being within limitation will be considered on next date.
Matter is adjd. for NM hearing to 04/04/2022.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv Mr. Kiran Mohite for plff present.
Adv Mr. Ashwin Bhadang for defendant Nos.1 and 2 and filed draft NM alongwith affidavit in support under Order-7 Rule-11(d) of C.P.C.
O-Leave to register is granted with direction to serve the plff.
Copy served to the adv for plff.
By consent, matter is adjd. for NM reply to 20.06.2022.
Earlier interim order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv.Ishita Shah for plaintiff present.
Adv.Nikhil Ghate for deft. No.1 and 2 present.
It appears that NM is not yet registered. Defendant No.1 and 2 to get it registered. Time is extended accordingly.
The pltff. requested for time to file reply in NM.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 27.07.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Kiran Mohite for plaintiff present.
Adv. Nikhil Ghate for Deft. 1 and 2 present.
He tendered register NM No.2126/22 along with affidavit in support.
Adv. for plaintiff filed affidavit in reply to NM No.2126/22. t.o.r marked as Exh.4.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 04.10.2022  for hearing on NM.
Next Purpose: HEARING
Next Hearing Date: 04-10-2022

Date: 27-07-2022
Business: Adv. Kiran Mohite for plaintiff present.
Adv. Nikhil Ghate for Deft. 1 and 2 present.
He tendered register NM No.2126/22 along with affidavit in support.
Adv. for plaintiff filed affidavit in reply to NM No.2126/22. t.o.r marked as Exh.4.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 04.10.2022  for hearing on NM.
Next Purpose: HEARING
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv.Kiran Mohite for plaintiff present.
Adv.Nikhil Ghate for deft.No.1 and 2 present.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 25.11.2022 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 25-11-2022

Date: 04-10-2022
Business: Adv.Kiran Mohite for plaintiff present.
Adv.Nikhil Ghate for deft.No.1 and 2 present.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 25.11.2022 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 25-11-2022

Date: 25-11-2022
Business: Adv.Chetan Mhatre for plaintiff present.
Adv.Nikhil Ghate for deft.No.1 and 2 present.
Earlier order of interim relief if any to continue till next date.
By consent matter adj. to 02.02.2023 for hearing of NM.
Next Purpose: HEARING
Next Hearing Date: 02-02-2023

Date: 25-11-2022
Business: Adv.Chetan Mhatre for plaintiff present.
Adv.Nikhil Ghate for deft.No.1 and 2 present.
Earlier order of interim relief if any to continue till next date.
By consent matter adj. to 02.02.2023 for hearing of NM.
Next Purpose: HEARING
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv.Ishita Shah for plaintiff present.
Adv.Ashwin Bhadang for defendant No.1 and 2 present.
KB
LO at 04.25 pm
Adv.Ishita Shah for plaintiff present.
Adv.Ashwin Bhadang for defendant No.1 and 2 present.
Heard both the sides in NM No.2126/22.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 21.02.2023 for order in NM 2126/22.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2023

Date: 21-02-2023
Business: Adv.Kiran Mohite for plaintiff present.
Adv.Ankit Pandey for defendant No.1 and 2 present.
Earlier order of interim relief if any to continue till next date.
KB
LO at 06.05 pm
As Court is busy in hearing in urgent ad-interim matter in SU 427/23, hence, adjourned.
Matter adjd to 13.03.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv.Lokhande S. for plaintiff present.
Adv.Nikhil Ghate for defendant No.1 and 2 present.
KB
LO at 05.15 pm
As Court is busy in hearing in NM 588/2021, hence, adjourned.
Matter adj. to 18.03.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present for both sides.
KB
LO at 05.45 pm
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.2126/2022 is dismissed.
2. Costs shall follow the event.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 24.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv.Ishita Shah for plaintiff present.
Adv.Anushree Koparkar h/f.Adv.Nikhil Ghate for defendant No.1 and 2 present.
KB
LO at 04.10 pm
Adv.Ishita Shah for plaintiff present and filed additional affidavit in NM 3945/19. TOR and marked as Exh.5.
Adv.Anushree Koparkar h/f.Adv.Nikhil Ghate for defendant No.1 and 2 present. Copy of Exh.5 is received by her.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 05.07.2023 for additional reply/ hearing of NM.
Next Purpose: REPLY
Next Hearing Date: 05-07-2023

Date: 24-04-2023
Business: Adv.Ishita Shah for plaintiff present.
Adv.Anushree Koparkar h/f.Adv.Nikhil Ghate for defendant No.1 and 2 present.
KB
LO at 04.10 pm
Adv.Ishita Shah for plaintiff present and filed additional affidavit in NM 3945/19. TOR and marked as Exh.5.
Adv.Anushree Koparkar h/f.Adv.Nikhil Ghate for defendant No.1 and 2 present. Copy of Exh.5 is received by her.
Earlier order of interim relief if any to continue till next date.
Matter adjd to 05.07.2023 for additional reply/ hearing of NM.
Next Purpose: REPLY
Next Hearing Date: 05-07-2023

Date: 05-07-2023
Business: Adv. Nishita Shah for plaintiff present.
Adv. Nikhil Ghate for defendants no. 1 and 2 present.
As Court is busy in dictating order in suit no. 984/23 and V.C. in suit no. 1233/17. Hence, matter is adjourned.
Earlier order if any, be continue till next date of hearing.
Matter is adjd.to 28-07-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Next Purpose: REPLY
Next Hearing Date: 15-09-2023

Date: 28-07-2023
Next Purpose: REPLY
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv. Kiran Mohite for plaintiff present.
Adv. Nikhil Ghate for defendants no. 1 and 2 present.
Earlier order if any, be continue till next date of hearing.
Matter is adjd.to 21-12-2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Adv. Kiran Mohite for plaintiff present.
Adv. Nikhil Ghate for defendants no. 1 and 2 present.
By consent matter is adjourned to 19-02-2024 for Reply.
Next Purpose: REPLY
Next Hearing Date: 19-02-2024

Date: 19-02-2024
Next Purpose: REPLY
Next Hearing Date: 19-03-2024

Date: 19-02-2024
Next Purpose: REPLY
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: Adv. Lokhande for plaintiff present.
Adv. Sanket Salgaonkar for defendants no. 1 and 2 present.
Earlier order if any, be continue till next date of hearing.
Matter is adjourned to 23-04-2024 for reply of deft as a last chance.
Next Purpose: REPLY
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Adv. A. S. Lokhande for plaintiff present.
Adv. Sanket Salgaonkar for defendants no. 1 and 2 present and he would make submission that the Honble Bombay High Court in Civil Revision Application No. 466/2023, which is preferred by defendants no. 1 and 2 challenging the order dtd. 18-03-2023 passed by this Court in NM No. 2126/2022 for rejection of the plaint under order 7 Rule 11 of C.P.C., passed an Order on 11-09-2023 and the present proceeding has been stayed till the final disposal of said Revision Application. In view of the said submission matter is adjourned for reply of the defendants no. 1 and 2 in NM No. 3945/19.
Earlier order if any, be continue till next date of hearing.
Matter is adjourned to 29-06-2024 for NM reply by defts. no. 1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: Adv. Lokhande for plaintiff present.
None for defendant
Earlier order if any be continue till next date of hearing.
Matter is adjourned to   28-08-2024 for NM reply by defendant no. 1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Adv. Ishita Shah for plaintiff present.
Adv. Sanket Saigonkar for defendant No. 1 and 2 present.
Earlier order if any be continue till next date of hearing.
Matter is adjourned to   06-11-2024 for NM reply in defendant No. 1 and 2.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: None for plaintiff present.
Adv. Sanket Salgaonkar for defendant No. 1 and 2 present and filed pursis on 25-10-2023 regarding stay of the matter in view of order of Honble High Court order dtd. 11-09-2023. It is due to overside not taken on record so today It is taken on record and marked as Exh. 6.
Matter is adjourned to 10-01-2025 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Next Purpose: SUIT STAYED
Next Hearing Date: 11-03-2025

Date: 10-01-2025
Next Purpose: SUIT STAYED
Next Hearing Date: 11-03-2025

Date: 11-03-2025
Business: Court is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-04-2025

Date: 11-03-2025
Business: Court is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 24-04-2025

Date: 24-04-2025
Business: None for plaintiff present.
Adv. Nikhil Bhate for defendant no.1 and 2 present.
Later on,
Adv. Lokhande for defendant present.
Matter is adjourned to 07.08.2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-08-2025

Date: 24-04-2025
Business: None for plaintiff present.
Adv. Nikhil Bhate for defendant no.1 and 2 present.
Later on,
Adv. Lokhande for defendant present.
Matter is adjourned to 07.08.2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-08-2025

Date: 07-08-2025
Business: Court is on leave
Next Purpose: SUIT STAYED
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 29.10.2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: None for plaintiff.
Adv. Nikhil Ghate for defendant no.1 and 2 present.
Matter is adjourned to 16.12.2025 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: Court is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 02-03-2026

Date: 02-03-2026
Business: Court is on leave.
Next Purpose: SUIT STAYED
Next Hearing Date: 01-04-2026

Date: 01-04-2026
Business: CORAM : H.H.J. SMT. S. S. NAGUR (C.R. NO.62)
None for plaintiff.
None for defendant.
Matter is adjourned to 15.07.2026 for suit stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 15-07-2026

Date: 15-07-2026
Business: P.O. IS ON LEAVE.
Next Purpose: SUIT STAYED
Next Hearing Date: 02-09-2026

Date: 02-09-2026
Business: CORAM : SMT. A. K. MANDAVGADE (C.R. NO.62)
None for plaintiff present.
Adv. Chiraj Rawat for defendant No. 1 and 2 present.
Matter is adjourned to 07.11.2026 for Suit Stayed.
Next Purpose: SUIT STAYED
Next Hearing Date: 07-11-2026

Registration Number: 103945/2019
Transfer Date: 25-02-2020
From Court: 3 - COURT 03  ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 103945/2019
Transfer Date: 10-06-2021
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 62 - COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Filing Number: 111763/2019
Filing Date: 24-10-2019
First Hearing Date: 08th November 2019
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE