Batlivala and Karani Securities India Pvt. Ltd.VsAndesoff Consulting Pvt. Ltd.

Date: 03-01-2019
Business: Adv.  Chaudhari for pltff  present.
Adv. for deft. absent.
Issue writ of summons.
Matter adjd to 28.2.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-02-2019

Date: 28-02-2019
Business: Adv. Chaoudhari for pltff  present.
Adv. Shilpa Singh  for deft. present.
Exh.1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3- Address memo
Exh. 4- List of document.
Exh.5-  Affidavit of service a/w writ of summons ifled by pltff.
Exh.6 - VK filed by deft.
According to service affidavit deft no. 1  served on 22.1.2019 and they have appeared.
On oral request of deft matter adjourned to 25.3.2019.
Matter adjd to 25.3.2019 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv. Mr. Shekhawat for Plaintiff present.
Adv. Ms. Shilpa Shingar for Defendant present, under took serve copy of W.S. to plff., prayed for adjd to file W.S.
Matter is adjd.for W.S. on 02.04.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-04-2019

Date: 02-04-2019
Business: Adv. Mr. Jagdish Chaudhari for Plaintiff present.
Adv. Mr. Saylish Zal for Defendant present.
Exh.7- written statement submitted by deft.
Matter is adjd.for R/E on 09.07.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-07-2019

Date: 09-07-2019
Business: Adv. Mr. Jagdish for plaintiff present.
Adv. Mr. Ankit Pathak for defendant, prayed for adjd. to file draft issues.
Draft issued tendered by plff.
Matter is adjd. for Framing issues on 03.08.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2019

Date: 03-08-2019
Business: Adv. Mr. Jagadish Chaudhari for Plaintiff present.
Adv. Ms. Shilpa Sengar for Defendant present.
Matter is adjd. for framing issues on 30.11.2019.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-11-2019

Date: 30-11-2019
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Advocate for plaintiff is present.
None for defendant
Adjourned for F.I. to 8.4.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: Due to heavy rain declared as holiday
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-10-2020

Date: 07-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for framing issues to 27.10.2020.
                                                                               Judge
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Court is on leave
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for case management hearing to 22.01.2021.
                                                                                Judge
Next Purpose: HEARING
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 12-02-2021 for Issues/case
management hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv. Mr. Shekhawat for plaintiff present.
Adv. Ms. Shilpa for defendant present.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The  Commercial Court.
      Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 12.03.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Adv. Chaudhari for plaintiff present.
None for defendant.
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The  Commercial Court.
      Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 19/04/2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Both parties are absent.
Matter is adjd.to 21.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: None present for Plff.
Adv. Mr. Cyrus for Deft present.
Issues are framed at Exh.8.
Adjourned to 01.09.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None for plaintiff.
Adv. Cyrus Jal for defendant present.
Matter is adjd.to 15-09-2021 for case mangt hrg.
Next Purpose: HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv. Mr. Ranveer Shekhawat for the plaintiff present.
Adv. Mr. Cyrus for the defendant present.
K.B. for case management.
Heard both sides on the point of case management hearing.
Schedule of trial determined after case management hearing
Exh.-09
Matter is adjd.to 01.10.2021 for filing list of witness.
Next Purpose: HEARING
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv. Jagdish Chaudhary for plaintiff present and filed list of witness t.o.r. and marked as Exh. 10
Adv. Cyrus Jal for defendant present and filed list of witness t.o.r. and marked as Exh. 11
Both sides received copies of list of witnesses.
Matter is adjd.to 25-10-2021  for filing evidence
affidavit by the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Shekhawat for plaintiff present and requested to grant short adjournment for filing affidavit of witness. - short date be given.
Adv. Cyres for defendant present.
Matter is adjd.to 09-11-2021 for R/E
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv. Ranveer Shekhawat for plaintiff present and submitted that he would file list of witness and evidence affidavit after his client appears before the Court and requested to keep back the matter.
None for defendant
 KB LO
Adv. Tanishka Desai for defendant present.
kb (2.45pm)
Adv. Ranveer Shekhawat  for plaintiff along with witness    Devendra Rao present and filed evidence affidavit of witness    Devendra Rao    t.o.r. and marked as Exh. 12
He also filed list of documents t.o.r. and marked as Exh.13
He also filed certificate u/s 65 B of the Indian Evidence Act of witness  Devendra Rao t.o.r. and marked as Exh.14
Matter is adjd.to 25-11-2021 for further examination
chief of PW – 1  Devendra Rao & his cross examination.
(12.00 noon)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Shekhavat for plaintiff present.
Adv. Hrushi Narvekar a/w Adv. Cyres  for defendant present.
Kb till (2.45pm) LO
None for plaintiff.
Adv. Cyres  for defendant present and filed application for
inspection of documents  t.o.r. and marked as Exh.15  - other
side to say.
Copy of Exh. 15  is placed on record for plaintiff.
Matter is adjd.to 02-12-2021 for say on Exh. 15 by the
plaintiff.
LO 3.10 pm
Adv. Shekhavat for plaintiff present.
Copy of Exh. 15  is received by Adv. Shekhavat for plaintiff.
Next Purpose: FILING SAY
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Adv.   Shekhawat for plaintiff present and filed reply to Exh. 15 t.o.r. and marked as Exh.15A
Adv. Cyrus Jal for defendant present and received copy of Exh. 15A.
Adv. Cyrus submitted that Adv. Rushi Narvekar is going to argue the application Exh. 15, but he is not available today. He submitted that short date may be given for hearing on Exh. 15.
On request of Adv. Cyrus, matter is adjourned to 06-12-2021.
Matter is adjd.to 06-12-2021 for hearing on Exh. 15.
Next Purpose: HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv. Yogesh Shekhawat for plaintiff present.
Adv.   Narvekar for defendant present.
Heard both sides on Exh. 15.
          Ld. Counsel Rushi Narvekar for the defendant submitted that he is ready to inspect board resolution dtd. 03-11-2021 today itself. He further submitted that board resolution dtd. 03-11-2021 is different from the board resolution dtd. 24-07-2018 annexed with the plaint. According to him, entire series of emails is not produced and inspection of documents cannot be refused merely because certificate u/s 65 B of the Evidence Act is filed. He further submitted that Order 11 Rule 6 (3) of the C.P.C..  has 9 requirements and no declaration is filed accordingly. He further submitted that inspection of documents cannot be dispensed with as Order 11 Rule 6 (3) of the C.P.C.. is not complied with. He prayed that inspection of source may be given.
            On the contrary, Ld. Consel Shri Ranvir Shekhawat for the plaintiff submitted that inspection of documents was already given as stated in para 3 of the written statement. He further submitted that emails are exchanged between the plaintiff and the defendant and the same are also available with the defendant. He submitted that inspection of source of emails is unwarranted and prayed for rejection of application.
         In view of rival submissions and material on record, inspection of board resolution dtd. 03-11-2021 filed with list of documents Exh. 3  is given to Ld. Counsel Shri Narvekar for the defendant before passing this order  and he made endorsement regarding inspection at the back side of the said resolution.
             So far as 2nd aspect of emails is concerned, the printout of email are filed with the plaint as Exh. C collectively. Copies of the same emails also filed with list of documents Exh. 13. Contents in para 7 d. of the written statement Exh. 7 reveal that the defendant is also placing reliance upon email conversation to show his bonafide. In short, the defendant is prevented from disputing email conversation in view of Order 8 Rule 5 (1) of the C.P.C.. Similarly section 18 read with section  64,65 & 65 B of the Evidence Act makes these emails admissible in Evidence. While moving application Exh. 15, the defendant has not clarified whether there is any variation in emails received by him and copies of emails placed on record. Further more, email ids are protected with passwords and access to the email account of the plaintiff cannot be given. It is also for the reason that the defendant is also in a position to clarify details of emails exchanged between the parties. While stating in the application Exh. 15 that the plaintiff has referred to and replied upon only certain emails to the trail emails exchanged between the parties and suppressed order emails, he has neither clarified details of those emails nor produced the same on record. The plaintiff has filed certificate u/s 65 B of the Evidence Act (Exh. 14 )& it complies statutory mandate.  For all these reasons, application Exh. 15 is not maintainable so far as the prayer clause b. is concerned. Hence, application Exh. 15 is partly allowed as to prayer a. . Accordingly, inspection of board resolution 03-11-2021 filed with list Exh. 13 is also viven today.
The defendant is directed to conduct cross examination of PW – 1 Devendra Rao on Exh. 12 on the next date of hearing.
Adv. Narvekar submitted that he would filed affidavit of admission or denial of documents on the next date of hearing.
Matter is adjd.to 20-12 -2021 for affidavit of admission
or denial of documents and  R/E P.H. cross
examination of PW – 1 Devendra Rao
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Ranveer Shekhawat for plaintiff present.
Adv. Rushi Narvekar for defendant present and filed  statement of admission and denial of documents with supporting affidavit t.o.r. and marked as Exh.16.
Chief-Examination by Advocate  Ranveer Shekhawat for
plaintiff commence and completed.
Exh.  17   – Original Board resolution dtd. 03-11-2021
Exh. 18 – Xerox copies of Invoice No. V-2076 dtd. 03-05-2017 issued by Defendant.
Exh. 19 colly –  Xerox copies of relevant emails exchanged by the and between the plaintiff and defendant with regard to said software.
Exh.  20–  Original letter dtd. 06-02-2018 issued on behalf of defendant.
Exh. 21 – Original reply dtd. 06-04-2018 on the behalf  of plaintiff.
Exh. 22 –Original rejoinder dtd. 10-05-2018 on behalf of
defendant.
Cross-Examination by Advocate  Rushi Narvekar for
defendant commenced.
Cross examination is deferred till next date due to Court time
is over.
Matter is adjd.to 20-01-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Adv.  Ranveer Shaikhawat for plaintiff present and submitted that Adv. Cyrus for the defendant has some difficulty and therefore, witness is not called for cross examination. He prayed for adjournment.
None for defendant.
Matter is adjd.to  24-02-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv. Ranveer Shekhawat  for plaintiff present.
Adv. Rushi Narvekar for defendant present.
Cross-Examination by Advocate Rushi Narvekar for defendant resumed .
Cross examination is deferred till next date due to Court time is over.
Matter is adjd.to 09-03-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv. Ranveer Shekhawat for plaintiff present.
Adv. for Hrushi Narvekar a/w Adv. Cyres for defendant present.
Cross-Examination by Advocate Hrushi Narvekar for defendant resumed after administering oath to the witness commenced.
Cross examination is deferred till next date due to Court time is over
Matter is adjd.to 10-03-2022 for R/E P.H. (Cross
examination of PW - 1)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Adv. Ranveer Shekhawat for plaintiff present.
Adv. for Hrushi Narvekar a/w Adv. Cyres for defendant present.
Cross-Examination by Advocate Rushi Narvekar for defendant resumed after administering oath to the witness commenced.
Cross examination is deferred till next date due to Court time is over.
Matter is adjd.to  14-03-2022 for R/E P.H. (Cross
examination of PW - 1)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv. Ranveer Shekhawat for plaintiff present  and prayed for adjournment due to ill health of the witness. He prayed to keep the matter on 30-03-2022 - short date be given.
Adv. Tanishka Desai for defendant present.
Matter is adjd.to  30-03-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Adv. Ranveer Shekhawat for plaintiff  alongwith witness Devendra Rao present
Adv.Hrushi Narvekar a/w Tanishka Desai for defendant present.
Cross-Examination by Advocate Hrushi Narvekar for defendant resumed after administering oath to the witness.
On request of Adv. Hrushi Narvekar, cross examination is deferred till 4.30 pm today itself.
Cross-Examination by Advocate Hrushi Narvekar for defendant resumed at 4.45 pm    after administering oath to the witness and completed.
Re-examination -Nil.
Adv. Hrushi Narvekar for defendant filed list of documents t.o.r. and marked as Exh. 23
Adv. for plaintiff received copy of Exh. 23.
Adv. for plaintiff filed Evidence close pursis t.o.r. and marked as Exh. 24
Matter is adjd.to 18-04-2022  for R/E (deft)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv. Ranveer Shekhawat for plaintiff present
Adv. Hrushi Narvekar for defendant a/w witness Kaizad Bhabha  present and filed evidence affidavit t.o.r. and marked as Exh.25
He also filed list of document t.o.r. and marked as Exh.26
Adv. Ranveer Shekhawat for plaintiff received copy of Exh. 25 and Exh. 26.
Matter is adjd.to 04-05-2022 for cross of DW 1 on Exh.25.
11.30 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 04-05-2022

Date: 04-05-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: Adv. Mr. R. Shekhawat for defendant present
Adv. Mr. Cyrus  Jal for plaintiff present.
Witness Kaizad Bhabha for plaintiff present.
Adv. for defendant is seeking adjournment. Granted
Adjd for evidence Part heard to 05/07/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Ranvir Shekhawat for plaintiff present.
Adv. Cyrus Jal and Adv. Hrushi Narvekar for defendant present.
DW-1 Kaizad Bhabha is present.
Further examination in chief of DW-1 by adv. Cyrus Jal for defendant commenced and concluded.
Exh- 27 Certificate under section 65B of Evidence Act, 1872
Exh-28 Email dated July 29, 2015
Exh-29 Email dated April 26,2017 and April 27, 2017 along with their attachments sent by defendants witness no. 1.
Exh-30 Email dated May 3, 2017 sent by defendants witness no.1.
Exh- 31 The entire email trial of May 4, 2017
Exh-32 A printout of the License Agreement dated May 5, 2017
Exh-33 Email Trial of May 9, 2017
Exh-34 Email dated May 10, 2017 along with the attachment therein
Exh- 35 Email dated May 11, 2017 along with the attachment therein and email dated May 12, 2017
Exh-36 The entire email trail from May 11, 2017 to May 15, 2017
Exh-37 Email of May 17, 2017
Exh-38 The entire email trial of August 1, 2017
Exh- 39 Email of August 23, 2017
Exh-40 The email of September 20,2017 along with the attachment.
Exh-41 The email of January 31,2018
Cross-examination of DW-1 by adv. Ranvir Shekhawat for plaintiff commenced  and partly recorded.
On request of adv. for plaintiff, further cross examination is deferred.
Adjd for further cross examination of DW-1 to 19/07/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Jagdish Chaudhari for plaintiff present and seeks time to cross examine witness.
Adv. Cyrus Jal for defendant present.
Adjd for evidence part heard to 03/08/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: representative of plaintiff present.
Adv. Cyrus Jal for defendant present.
Adv. Ranvir Shekhawat for plaintiff present.
Defendant witness present.
Further cross examination of DW-1 commenced and partly recorded.
(Ld. Adv. for defendant submitted that he has some other matters in another court hence sought adjournment. Adv. for plaintiff has no objection for the same. Hence adjourned for further cross examination on the request of adv. for defendant.)
Adjd for further cross examination of DW-1 to 18/08/2022 at 12 noon
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Cyrus Jal for defendant present.
Adv. Ranvir Shekhawat for plaintiff present.
Witness Kaizad Bhabha present.
Court is busy in recording evidence in com suit no. 246/19 hence adjourned.
Adjd for recording evidence part heard to 06/09/2022 at 12 noon
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv. Ranvir Shekhawat for plaintiff present.
Adv. Cyrus Jal for defendant present.
Witness is absent.
Adjd for cross examination to 18/10/2022 at 12 noon
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Ranveer Shekhawat for plaintiff present.
Adv. Narvekar a/w Adv. Ms Chandani Dewari for defendant present.
Cross-examination of DW-1 by Adv. Ranvir Shekhawat for plaintiff commenced and partly recorded.  (On the request of adv. for plaintiff , further cross examination is deferred.)
Matter adjd to 23.11.2022 at 12.30 p.m. for further cross-examination of DW-1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. Ranvir Shekhawat for plaintiff present.
Adv. Hrishi Narvekar for defendant present.
Witness of  plaintiff present.
Court is busy in passing order in other suit hence adjourned.
Adjd for recording evidence Part heard to 09/12/2022 at 4 pm
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv. Ranvir Shekhawat for plaintiff present. Adv. Hrushi Narvekar for defendant present.
Witness present.
Court is busy in hearing arguments in NM no. 1257/20 hence adjd.
Adjd for evidence part heard to 21/12/2022 at 12 noon
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-12-2022

Date: 21-12-2022
Business: None present.
K.B.
L.O.
Adv. Ranvir Shekhawat for plaintiff present.
Adv. Chandani Devani for defendant present.
Witness present.
Court busy in passing order in NM.
Case is adjd. for R/E (P.H.) to 12.01.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: Adv. Ranvir Shekhawat for plaintiff is present.
Adv. Hrushi Narvekar a/w Adv. Ms. Jeniler Mogrelia i/b Vashi and Vashi for defendant is present.
Witness Mr. Kaizad Bhabha is present.
Further cross-examination of DW-01 is commenced and partly recorded.
Court time is over, further cross-examination of witness is deferred.
Case is adjourned for R/E(PH) to 02-02-2023 at about 4.00 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Plaintiff is present.
Defendant is present.
Adv Hrushi Narvekar a/w Adv. Ms.Chandni Dewani i/b Vashi and Vashi for defendant is present.
Adv for plaintiff absent. Hence, matter is adjourned.
Case is adjourned for R/E(PH) to 20-02-2023 at 4.00 pm.
L.O. at 4.24 pm
Adv. Ranveer Shekhawat for plaintiff is present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: Plaintiff is present.
Adv. Ranveer Shekhawat for plaintiff is present.
Adv Hrushi Narvekar a/w Adv. Ms.Chandni Dewani i/b Vashi and Vashi for defendant is present.
Further Cross examination of DW-1 on solemn affirmation by Adv. Mr. Ranvir Shekhawat for plaintiff is commenced.
(Court time is over, further cross-examination of witness is deferred.)
Case is adjourned for further cross of DW to 01-03-2023 at 3.30 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Adv Vineet Deuskar i/b Raj Legal advocates and legal consultants for plaintiff is present.
Adv Kyle Curry i/b Vashi and Vashi defendant is present.
Defendant witness absent.
By consent, case is adjourned for R/E(PH) to 15-03-2023 at 3.30 pm.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv Jagdish Choudhary h/f Adv. Ranveer Shekhavat for plaintiff is present and sought time for cross-examination. Granted.
Adv Rushi Narvekar a/w Adv. Chandani Dewani for defendant is present.
DW-1 is present.
Case is adjourned for cross of DW-01 to 06-04-2023 at 11.00 am.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-04-2023

Date: 06-04-2023
Business: PO on leave. Board discharged.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Batlivala and Karani Securities India  Vs Andesoff Consulting Pvt. Ltd
Adv. Ranvir Shaikhavat present for plaintiff.
Adv. Chandni Devyani present for defendant.
Exh.42-Adjournment application filed by defendant submitting that, defendant witness is bed ridden because of spinal cord issues.
Orally objected by the plaintiff.
Adjournment is granted as last opportunity. Date is allotted as per choice of defendant. Defendant to ensure presence of witness by next date. Else, put for order of closure of evidence.
Matter adjourned to 07.07.2023 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-07-2023

Date: 07-07-2023
Business: Batlivala and Karani SecuritiesVs Andesoff Consulting Pvt. Ltd
Adv.  Ranvir Shekhavat present for plaintiff.
Adv. Hrushi Narvekar and Adv. Chandni Devani present for defendant.
Exh.43 -evidence closure pursis filed by Adv. for defendant.
       Cross-examination is over.
       Further cross-examination by plaintiff : declined.
Matter adjourned to 08.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Batlivala and Karani Securities India Pvt. Ltd. Vs Andesoff Consulting Pvt. Ltd.
Not on board, taken on Todays board.
Adv. Ranveer Shekhawat for plaintiff present.
Exh.44 applicant filed by plaintiff for taking matter on todays board.O- Allowed.
Exh.45 applicant filed by plaintiff for soft copy of evidence. O- Allowed.
Adjourned to 08.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-08-2023

Date: 08-08-2023
Business: Batlivala and Karani Securities Vs Andesoff Consulting Pvt. Ltd.
Adv. Ranvir Shekhawat present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
On oral request of both counsels matter adjourned for arguments.
Matter adjourned to 21.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Batlivala and Karani Vs Andesoff Consulting Pvt.
Adv. Ranvir Shekhavat present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
She is seeking oral adjournment for arguments.
Plaintiff submitted for necessary order.
On oral request of both advocate matter adjourned to next date.
Matter adjourned to 15.09.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Batlivala and Karani Securities Vs Andesoff Consulting
Adv. Ranveer Shekhavat present for plaintiff.
Adv. Rushi Narvekar and Adv. Jenifer present for defendant.
Both sides to file written argument by next date.
Matter adjourned to 13.10.2023 at 15.00 hrs for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Batlivala V/s Andesoff Consulting.
Adv. Ranveer Shekhavat present for plaintiff.
Adv. Jenifer present for defendant.
Both sides to file written arguments by next date.
Matter adjourned to 26.10.2023 for written arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: Batlivala and Karani  V/s Andesoff Consulting
Adv. Ranveer Shekhavat present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Exh.46 - Written arguments filed by plaintiff.
Exh.47 - Written arguments filed by defendant.
Case adjourned to 05.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Ranvir Shekhawat present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Case adjourned to 18.12.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Batlivala and Karani securitis
Plaintiff side called, but absent.
Adv. Kushan Kole present for defendant.
As Court is  on leave, matter adjourned.
Case adjourned to 08.01.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-01-2024

Date: 08-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Batlivala and Karani V/s Andesoff consulting
Adv. Ranveer Shekhavat present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
On oral request of both counsel matter adjourned to 03.02.2024.
Case adjourned to 03.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: Bativala and Karani V/s Andesooff consulting
Adv. Ranveer Shaikhavat present for plaintiff.
Adv. Hrushi Narvekar present for defendant.
Heard both sides.
Arguments stands concluded, Suit adjourned for Judgment.
Suit adjourned to 16.02.2024  for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 16-02-2024

Date: 16-02-2024
Business: Batlivala and Karani V/s Andesoff consulting
Adv. Shantilal P. present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Court busy in dictating Order in CS No. 100762 / 2021, CS No. 100266 / 2021  and recording evidence in CS No. 100022 / 2021, CS No. 100587 / 2022.
Suit adjourned to 28.02.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Batlivala and Karani V/s Andesoff Consulting
Adv. Shantilal Khandelwal present for plaintiff.
Defendant side called, but absent.
Stenographer is on leave.
Court busy in  dictating Order in SJ No.100150 / 2022 , CS No 100048 / 2024 and CS No.100045 /2019.
Paucity of time with Court.
Suit adjourned to 20.03.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: Batlivala v/s Andesoff consulting.
Adv. Shantilal Khandelwal present for plaintiff.
Stenographer is on long leave.
Suit adjourned to 15.04.2024 for Judgment.
Later on at 13.11 Hrs.
Adv. Mustafa Maimoon present for defendant.
Suit adjourned to 15.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-04-2024

Date: 15-04-2024
Business: Plaintiff side called, but absent.
Adv. Uttara Kaveri present for defendant
P. O. on leave suit adjourned to 23.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Plaintiff side called, but absent.
Adv. Uttara Jhaveri present for defendant.
Paucity of time with court.
Court busy in dictating orders in Notice of Motion No. 999 / 2023 and 4897 / 2022.
Suit adjourned to 30.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: Batlivala and Karani V/s Andesoff Consulting
Adv. Dilip Kokil present for plaintiff.
Adv. Uttara Jhaveri present for defendant.
Parties to re-argue regarding emails exchanged between the parties.
Suit adjourned to 21.06.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-06-2024

Date: 21-06-2024
Business: Batlivala Vs. Andesoff Consulting
Adv. Nirmala Ganjibal present for plaintiff.
Defendant side called, but absent.
On oral request of plaintiff, Suit is kept back.
L.O. at 12.00 noon.
Adv. Nirmala Ganjibal present for plaintiff.
Adv. Mustafa Maimoon present for defendant.
Both are seeking oral adjournment.
Suit adjourned to 06.07.2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Batlivala and Karani Securities Vs Andesoff Consulting
Adv. Ranveer Shekhawat present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Defendant is seeking oral adjournment.
Not objected by plaintiff.
On oral request of both sides, suit is adjourned to 17.08.2024.
Suit adjourned to 17.08.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Nirmala Ganjihal present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Parties to file email communication in independent and chronological manner.
Suit adjourned to 05.09.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2024

Date: 05-09-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Priyanka Gupta present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Exh.48- Compilation of emails filed by plaintiff.
Defendant to verify the same and to file appropriate pursis.
Suit adjourned to 24.09.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2024

Date: 24-09-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Ranveer Shekhawat present for plaintiff.
Adv. Jenifer present for defendant.
Exh.49- Pursis filed by defendant.
Parties to comply Roznama Order dt.17.08.2024 regarding email communication.
Suit adjourned to 05.10.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Ranveer Shekhawat present for plaintiff.
Adv. Jenifer present for defendant.
Exh.15- Compilation of email filed by plaintiff.
Exh.16- Compilation of email filed by defendant.
Suit adjourned to 24.10.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Plaintiff side called, but absent.
Adv. Khushi Agarwal present for defendant.
Later on at 13.10 Hrs.
Adv. Santosh Bhosale present for plaintiff.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility, especially compilation of emails at Exh.50 and Exh.51 which parties have tendered on 05.10.2024.
Suit adjourned to 26.11.2024 for compliance.
                                                                              Judge
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Jagdish Choudhary present for plaintiff.
Adv. Jenifer Mogrelia present for defendant.
Plaintiff tendered soft copy of pleadings and compilation of emails through pen-drive.
Defendant submitted that, they have uploaded pleadings and compilation of emails on the portal.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 04.12.2024 for arguments.
                                                                              Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: Batliwala and Karani V/s Andesoff Consulting
Adv. Santosh Bhosale present for plaintiff.
None for defendant
Suit adjourned to 09.12.2024 for argument
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Jagdish Choudhary present for plaintiff.
Adv. Khushi Dhanesha present for defendant.
Paucity of time with Court.
Court is incharge Court of Court Room No.14 and Court Room No.32.
Court is busy in dictating Orders in Notice of Motion No. 101534 / 2024 and Notice of Motion No. 100188 / 2023.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 20.12.2024 for Judgment.
                                                                              Judge
Next Purpose: JUDGMENT
Next Hearing Date: 20-12-2024

Date: 20-12-2024
Business: Batlivala and Karani Securities Vs Andesoff Consulting
Plaintiff side called, but absent.
Adv. Jenifer M. present for defendant.
Stenographer on leave.
Suit adjourned to 08.01.2025 for Judgment.
                                                                                     Judge
Next Purpose: JUDGMENT
Next Hearing Date: 08-01-2025

Date: 08-01-2025
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Jagdish Choudhary present for plaintiff.
Adv. Khushi Agarawal present for defendant.
Paucity of time with Court.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 09.01.2025 for Judgment.
                                                                                     Judge
Next Purpose: JUDGMENT
Next Hearing Date: 09-01-2025

Date: 09-01-2025
Business: Batlivala Vs Andesoff
Plaintiff side called, but absent.
Adv. Khushi Agarwal present for defendant.
Plaintiff and defendant to remain present on next date.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 14.01.2025 for Judgment.
                                                                                     Judge
Next Purpose: JUDGMENT
Next Hearing Date: 14-01-2025

Date: 14-01-2025
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Raveer Shekhawat present for plaintiff.
Adv. Dev Mehta present for defendant.
Perused roznama dt. 09.01.2025.
Parties to remain present on next date.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 16.01.2025 for Judgment.
                                                                                     Judge
Next Purpose: JUDGMENT
Next Hearing Date: 16-01-2025

Date: 16-01-2025
Business: Batlivala and Karani Vs Andesoff Consulting Pvt. Ltd.
Adv. Ranveer Shekhawat present for plaintiff.
Plaintiff representative Jitendra Soni present.
Adv. Rushi Narvekar and Adv. Jenifer present for defendant.
Defendant representative Kaizad Bhabha present.
Later on at 11.56 Hrs.
Adv. Ranveer Shekhawat present for plaintiff.
Plaintiff representative Jitendra Soni present.
Adv. Rushi Narvekar and Adv. Jenifer present for defendant.
Defendant representative Kaizad Bhabha present.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 18.01.2025 for Judgment.
                                                                                     Judge
Next Purpose: JUDGMENT
Next Hearing Date: 18-01-2025

Date: 18-01-2025
Business: Batlivala and Karani Vs Andesoft Consulting
Adv. Jagdish Choudhary present for plaintiff.
Adv. Jenifer present for defendant.
FRSR following order is passed-
ORDER
    1. Commercial Suit No. 100211 / 2021, Batlivala and Karani Securities Vs Andesoft Consulting, is partly decreed, with proportionate cost.

    2. Defendant, within 30 days from date of this Order, shall pay, Rs. 5,00,000/- (Rs. Five Lakhs Only) to plaintiff, with interest @ 9 percent per annum, from the date of filing of the Suit, till its realization.
    3. Court fees, if any, be refunded to the plaintiff, as per rules.
    4. Decree be drawn up accordingly.
    5. Judgment pronounced in Open Court.
    6. Parties be informed about their right to challenge this Judgment and period of limitation for same.
    7. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
                                                                                     Judge
Nature Of Disposal: PARTLY DECREED
Disposal Date: 18-01-2025

Filing Number: 112030/2018
Filing Date: 31-08-2018
First Hearing Date: 03rd January 2019
Decision Date: 18th January 2025
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE