Date: 28-01-2020
Date: 05-02-2020
Date: 14-02-2020
Business: Phoolchnad Yadav, representative of plff present.
Adv Prashant Shinde for deft present.
Exh 04 - He filed written statement along-with documents. t.o.r. Copy served to other side.
Matter stands Adj for inspection of documents to 25/02/2020.
Next Purpose: FOR___________________
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Adv Sumedha Sawant for plff present.
Adv Prashant Shinde for deft present.
Both parties are directed to complete inspection of documents before next date.
Matter stands Adj for admission and denial to 13/03/2020.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv.S. Sawant for plaintiff present.
Adv.Atul Gupta for defendant present.
In view of order dated 14.02.2020 defendant tender written statement vide Exh.No.4 and thereafter specific direction was given to the parties to complete the inspection of documents before next date. However, both the parties failed to arrange inspection. Hence, suit is adjourned.
Matter adjd to 14.03.2020 for order
Next Purpose: ORDER
Next Hearing Date: 14-03-2020
Date: 14-03-2020
Business: Representative of plaintiff present.
Adv.Sumedha Sawant for plaintiff present.
Adv.Prashant Shinde for defendant present.
Advocate for defendant tender application for completion of inspection - Seen.
Defendant is directed to tender statement of admission and denial documents within 15 days.
Matter adjd to 26.03.2020 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-07-2020
Date: 23-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-10-2020
Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 23.10.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-10-2020
Date: 23-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to 06.11.2020 for admission denial
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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 26/11/ 2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-11-2020
Date: 26-11-2020
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 17.12.2020 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None for plaintiff.
Adv. Anand Shinde for defendant present.
Perused Suit record plaintiff fail to file statement of truth alongwith documents.
Advocate for defendant tendered affidavit of admission and denial.
Advocate for defendant filed W/S alongwith documents but fail to file statement of truth alongwith documents.
Both the parties are directed to take steps according to procedure laid down by Commercial Court Act.
Matter adjd to 18.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv.Nainesh Amin for plaintiff present.
Adv.Atul Gupta for defendant present.
Adv.of plaintiff filed affidavit in support of plaintiffs\'' statement of admission and denial of documents relied upon by the defendants in their written statement dated 13.02.2020 and compilation of documents as per order XI, Rule 4, Sub-rule 5 of the Code of civil procedure, 1908, Exh.8 t.o.r.
Matter adjd to 10.02.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv.Nainesh Amin a/w. Adv.Dhaval Visawadia for plaintiff present.
Adv.Atul Gupta for defendant present.
Draft issues, Exh.9 filed by Adv.of plaintiff t.o.r. O-filed.
Draft issues, Exh.10 filed by Adv.of defendant t.o.r. O-filed.
Statement of truth, Exh.11 filed by Adv.of plaintiff t.o.r. O-filed.
Statement of truth, Exh.12 filed by Adv.of defendant t.o.r. O-filed.
Issues framed, Exh.13
Matter adjd to 02.03.2021 for case management hearing.
Next Purpose: HEARING
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv.Nainesh Amin for plaintiff present.
Adv.Gupta h/f. Adv. A. B. Shinde for defendant present.
Ld. Adv. for plaintiff and defendant seeks time for case management hearing. Time granted.
Matter adjd to 09.03.2021 for case management hearing.
Next Purpose: HEARING
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv.Dhaval Visawadia i/b.Adv.Nainesh Amin for plaintiff present.
Adv.Atul Gupta for defendant present.
Adv. of plaintiff filed list of witness, Exh.14 t.o.r.
Adv. of defendant filed list of witness, Exh.15 t.o.r.
Heard both the advocates on case management hearing.
Matter adjd to 10.03.2021 for case management order.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: Adv.Dhaval Visawadia for plaintiff present.
Adv.Atul Gupta h/f. A. B. Shinde and Co. for defendant present.
Order on Case Management Hearing
The Court had held the First Case Management Hearing after parties have filed their say on admission and denial of documents. In the present case, the issues are framed in accordance with Order 14 of the Code of Civil Procedure.
The parties have tendered their list of witnesses. The plaintiff is going to examine Mr. Chetan Jain, the Director of the Plaintiff\''s company as its witness. The defendant to examine Bondada Venkataramana, the Chief Manager of the Defendant Bank as its witness.
The issues involved in the suit are in relation to unauthorized debit of amounts from the account of the plaintiff in contravention to the sanction letters. Further, the issue of jurisdiction and limitation are also involved. The parties to the suit are directed to restrict their evidence and the cross-examination to the issues involved in the suit.
The plaintiff is directed to file affidavit examination-in-chief of the evidence on 30.03.2021 and the defendant is directed to cross-examine the witness of the plaintiff on 07.04.2021.
Further, the defendant is directed to tender its evidence on 12.04.2021 and the plaintiff is directed to cross-examine the defendant witness on 16.04.2021.
The suit would be further posted for Oral and Written Arguments on 20.04.2021. The plaintiff and defendant are provided 45 minutes each for their oral arguments. The suit would be posted for judgment on 26.04.2021.
Matter adjd to 30.03.2021 for evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv.Hemangi Kuber for defendant present.
KB
LO
Adv.Ms.Sumedha Sawant for plaintiff present and filed adjournment application, Exh.16 t.o.r. O-granted as last chance.
Matter adjd to 05.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv.Nainesh Amin for plaintiff present.
None present for defendant.
Adv. of plaintiff seeks to post the matter on 07.04.2021, he undertakes to serve the copy of evidence in advance to Adv. of defendant.
Matter adjd to 07.04.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Nainesh Amin for plaintiff present.
Defendant absent.
Affidavit of examination-in-chief filed by Adv. for plaintiff.
Evidence of PW No.1-Mr. Chetan A. Jain is recorded
List of documents - O- Defendant to say.
Matter adjd to 12.04.2021 for cross-examination of defendant.
L.O. at 1.30 p.m.
Adv. Prashant Shinde for defendant present.
Adjournment application filed by Adv. for the defendant t.o.r.
Already adjd to 12.04.2021 for cross-examination of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 21.4.2021 R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Business: Adv. Dhaval Visawadia for plaintiff present.
Adv. Atul Gupta for def. present.
Matter adjd to 03.05.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-06-2021
Date: 10-06-2021
Business: Adv. Mr. Dhavel Visawedia i/b Adv. Nainesh for plaintiff present.
Adv. Mr. Atul Gupta for defendant present.
Due to rise in Covid cases.
Matter is adjd to 05.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 05.08.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-08-2021
Date: 05-08-2021
Business: Adv.Nainesh Amin a/w. Adv.Dhaval Visawadia for N.N. Amin and Co.for plaintiff present.
Adv.Atul Gupta h/f.Adv.A.B. Shinde and Co. for defendant present.
KB
LO at 12.54 pm
Same appearance.
Heard both the sides.
ORDER
Order on Evidence affidavit regarding exhibition of documents is separately passed below Exh.17 as follows.
The defendant has admitted in his affidavit of admission and denial the document at Annexure B-1, Page No.2 to 7, hence, it is exhibited as Exh.20.
The defendant has admitted in his affidavit of admission and denial the document at Annexure B-2, Page No.9 and 10, hence, it is exhibited as Exh.21.
The defendant has admitted in his affidavit of admission and denial the document at Annexure B-3 (colly.), Page No.11 to 21, hence, it is exhibited as Exh.22 colly.
The defendant has admitted in his affidavit of admission and denial the correspondence exchanged by email and letters as stated in Annexure E-List and Annexure F (colly) at Page No.180 to 210, hence, it is exhibited as Exh.23 (colly.).
Annexure A is the certified true copy of the resolution dated 10.10.2019 at page No.1. It is referred and proved by the PW-1, hence, marked as Exh.24.
Annexure B-4 is the copy of sanctioned letter dated 16.12.2010 at page No.22 to 32. It is marked as Article-X.
Annexure C are the downloaded printouts of bank statements at page No.213 which is Annexure H which is certificate U/S.65B, hence, Annexure C is marked as Exh.25 (colly) and certificate at page No.213-214 (Annexure H) is marked at Exh.26.
Annexure C-1 are the details of the disputed debit entries at page No.173A to 173 H. It bears no signature. It is marked as Article-X1.
Annexure D (Colly) are the office copies of letters at page No.174 to 179. Said letters are issued by the plaintiff. They are identified by the witness. Contents are true, hence, marked as Exh.27.
Annexure-G is the office copy of plaintiff\''s complaint at page No.211 to 213. It is signed by the plaintiff (PW-1). Signature and contents are true. It is marked as Exh.28.
Annexure I-1 is copy of banking code at page No.215 to 254. It is computer downloaded copy. Certificate U/S.65B to that effect is at Exh.26. Hence, it is marked as Exh.29.
Annexure I-2 is MSE Code at page No.255 to 263. It is computer downloaded copy. Certificate U/S.65B to that effect is at Exh.26. Hence, it is marked as Exh.30.
Matter adjd to 18.08.2021 for case management hearing/cross-examination of plaintiff.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.Nainesh Amin for plaintiff present.
Adv.Pranita Shinde h/f. Adv.Anant Shinde for defendant present.
Adv. of defendant filed adjournment application, Exh.31 t.o.r.
O-Time granted.
Heard both the sides.
Order on Evidence Affidavit regarding exhibition of documents.
Read the paragraph No.2, Exh.7 of admission and denial of defendant. The defendant has admitted the sanctioned letter Article-X, Page No.22 to 32, hence, It is marked as Exh.32.
Matter is adjourned for case management hearing/cross-examination by defendant on 05.10.2021.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 12.15 p.m.
Adv. Prashant Shinde for defendant present.
K.B.
L.O. at 1.00 p.m.
Adv. Naineesh Amin for plaintiff present.
Adv. Prashant Shinde for defendant present.
The plaintiff wants to file notice of motion, seeking permission for additional evidence and filing of additional documents. Hence, Matter adjd to 12.10.2021 for filing NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-10-2021
Date: 12-10-2021
Business: Adv.Dhaval Visawadia h/f.Adv.Nainesh Amin for plaintiff present.
None present for defendant.
The plaintiff tendered draft notice of motion (for additional evidence) a/w. affidavit in support. O-Leave granted to register draft notice of motion.
KB
LO at 12.37 pm,
Adv.Dhaval Visawadia h/f.Adv.Nainesh Amin for plaintiff present.
Adv.Prashant Shinde i/b.Adv.Anant Shinde for defendant present.
The defendant obtained copy of draft NM. Endorsement to that effect is made.
Matter adjd to 26.10.2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Nainehs Amin present for plaintiff.
Adv. Praneeta Shinde i/b Anant Shinde & co. present for defendant.
The plaintiff tendered registered NM 2561/21 alongwith affidavit t.o.r
Matter adjd to 12.11.2021 for Reply on NM.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv.Nainesh Amin for plaintiff present.
Adv.Prashant Shinde h/f.Adv.Anant Shinde for defendant present.
The defendant filed reply to NM No.2561/21, Exh.33 t.o.r. Copy of same is furnished to otherside. Endorsement to that effect is made.
Heard both the sides on NM No.2561/21.
Matter adjd to 22.11.2021 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv.Dhaval Visawadia for plaintiff present.
Adv.Praneeta Shinde i/b Anant B.Shinde and Co. for defendants present.
KB for Order on NM No.2561/21
LO at 2.00 p.m.
F.R.S.R. the following order is passed.
ORDER
1. Notice of motion is allowed.
2. The plaintiffs are allowed to file additional affidavit of evidence alongwith additional document.
3. Costs shall follow the event.
Matter adjd to 09.12.2021 for filing additional affidavit of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv.Nainesh Amin for plaintiff present.
Adv.A.B.Shinde for defendant present.
KB
LO at 12.50 p.m.
Same appearance.
Plaintiff filed additional affidavit of evidence Exh.34
Matter adjd to 11.01.2022 for marking of documents, cross-examination and CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: Adv.Dhaval M. Visavadia i/b. Nainesh Amin and Co. for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 03.02.2022 for marking of documents and cross examination of documents and CMH.
Judge
LO at 12.48 pm,
Adv.Dakshata Sawant for defendant present.
Matter adjd to 03.02.2022 for marking of documents and cross examination of documents and CMH.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv.Nainesh Amin for plaintiff present.
Adv.A.B. Shinde for defendant present.
Read the additional affidavit of evidence filed at Exh.34. Perused additional documents filed at Exh.35. Following order is passed in respect of documents.
1. The document at Sr. No.1 is self attested table of disputed entries. Read the contents of para No.1 of affidavit of evidence of Exh.34. It is marked as Exh.36.
2. The document at Sr. No.2 is certified true copies of balance sheet and profit and loss account. Read the contents of para No.2 of affidavit of evidence of Exh.34. It is marked as Exh.37.
Heard both the sides on case management hearing.
Order on Case Management Hearing
Date
Stage
22.02.2022 and 24.02.2022
Cross-examination of plaintiffs witness PW-1 by the defendant
On or before 05.03.2022
Filing of affidavit of evidence by defendant.
On or before 23.03.2022
Cross-examination of defendant witness DW-1 by the plaintiff
On or before 30.03.2022
Reserved for compliance/cross if any/argument.
On or before 05.04.2022
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments/
Judgment
On or before 22.04.2022
For Judgment
Matter adjd to 22.02.2022 and 24.02.2022 for cross-examination of plaintiff No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv.Nainesh Amin for plaintiff present.
Adv.A.B.Shinde for defendant present.
Witness present.
Resumed on S.A. Mr.Chetan A. Jain (PW-1)
Cross-examination of Mr.Chetan Jain commenced and partly recorded.
(As Court time is over, cross-examination is deferred till next date).
Matter already adjd to 24.02.2022 for further cross-examination of pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Called at 12.00 noon,
None present.
KB
LO at 12.05 pm,
None present.
KB
LO at 12.15 pm,
Adv.Nainesh Amin for plaintiff present.
Adv.A.B.Shinde for defendant present.
Witness Mr.Chetan Jain present.
Resumed on S.A. Mr.Chetan A. Jain (PW-1)
Cross-examination of Mr.Chetan Jain commenced and partly recorded.
(As Court time is over, cross-examination is deferred till next date).
As per the submission by Ld.Adv.for the plaintiff and acceptance of the Ld.Adv.for the defendant typographical errors in para No.14 and in Question before para No.15 are made. The Ld.Adv.for the plaintiff made submission to exhibit the resolution dated 10.10.2019, page No.1 of the document contending that it has been recording para No.8 of the cross-examination. The defendant to make submission. Question of exhibition of said document is kept for consideration.
Matter already adjd to 02.03.2022 at 01.00 pm for further cross-examination of pltff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 01. 15 p.m.
Adv. Sumeedha Sawant i/b Nainesh Amin for the plaintiff present.
Adv. Mr. Anant Shinde for the defendant present.
Witness is present.
Further cross-examination of PW No.1 Mr. Chetan A. Jain is partly recorded.
Matter adjd to 14.03.2022 for further cross-examination of PW No.1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Ms. Sumedha Sawant h/f Adv. Mr. Nainesh Amin present for plaintiff.
Adv. Mr. A. B. Shinde present for defendant.
Witness absent.
KB
L.O. at 12.10 p.m.
Adv. Ms. Sumedha Sawant h/f Adv. Mr. Nainesh Amin present for plaintiff.
Adv. Mr. A. B. Shinde present for defendant.
Witness present.
Further cross-examination of PW No.1 Mr. Chetan A. Jain is concluded and completed.
The ld. advocate for the plaintiff pointed out that typographical correction in the last line of the paragraph No.29. The work \''revert\'' is required to be corrected as \''reverse\''.
The defendant is no objection to correct the same from \''revert\'' to \''reverse\''.
Ld. advocate for the plaintiff filed evidence close pursis. t.o.r. and marked as exh.38.
Matter adjd to 23.03.2022 for defendant\''s evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: (Matter pertains to Court no.32)
Adv. Dakshta Sawant for defendant present.
Witness Bondada Venkata Ramana Chief Manager present.
She filed affidavit of evidence t.o.r marked Exh.39.
She also filed compilation of original documents t.o.r marked Exh.40. She under takes to serve copy to Adv. of plaintiff will file affidavit of service on next date.
Matter adjd to 29.03.2022 for Cross examination of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-03-2022
Date: 29-03-2022
Business: Adv.Zulfiq Multani h/f.Adv.Nainesh Amin for plaintiff present.
Adv.A.B.Shinde for defendant present.
KB
LO at 12.40 pm,
Adv.Nainesh Amin for plaintiff present.
Adv.A.B.Shinde for defendant present.
Oath of Mr.Bondada Venkata Ramana (DW-1), affirmed.
Heard both parties on Exh.40.
Plaintiff wants to file application for leave to produce documents.
Matter adjd to 05.04.2022 for order on Exh.40 and steps by pltff.
Next Purpose: ORDER
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv.Nainesh Amin for plaintiff present.
Adv.A.B.Shinde for defendant present.
Adv.of defendant filed draft notice of motion a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
The plaintiff filed reply in draft notice of motion t.o.r. and marked as Exh.41.
Copy of reply received to the defendant.
Matter adjd to 19.04.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: Adv.Sumedha Sawant h/f. Adv.Nainesh Amin for plaintiff.
Adv.A.B.Shinde for defendant present.
The plaintiff tendered registered notice of motion No.1337/22 a/w. affidavit t.o.r.
On oral request of plaintiff adjd for hearing of NM.
Matter adjd to 04.05.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: None present for plaintiff.
Adv. Mr. Anant Shinde present for defendant.
Heard learned advocate for the defendant.
KB for plaintiff\''s argument.
L.O. at 03.10 p.m.
None present for plaintiff.
No argument of the plaintiff in NM No.1337/2022.
Matter adjd to 18.06.2022 for order in NM No.1337/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Nainesh Amin for plaintiff present.
Adv. Anant Shinde for defendant present.
Heard advocate of both parties on n/m no. 1337/2022.
Case is adj for order on n/m to 06/07/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 06-07-2022
Date: 06-07-2022
Business: Adv. Zulfiq Multani Present for Plff.
Adv. Pranita Shinde Present for Deft.
P.O. is busy in passing order in NM nos.1607-22, 1608-22, ch.sums no.935-22 and order below Ext.15 in Comm. Suit no.110/19. Hence, adjourned for order on NM no.1337-22 on 13.07.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv Zulfiq Multani I/b N.N. Amin & Co. for plff present.
None present for deft.
K.B. L.O.
None for plff.
Adv Mr. Anant B. Shinde for deft present.
F.R.S.R. following order is passed.
ORDER
Notice of Motion No.1337 of 2022 stands rejected.
----
Matter is ajd. For cross-examination of DW-1 to 01.08.2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None Present for Plff.
Adv. Anant Shinde Present for Deft.
DW absent.
Adv of deft seeks adjournment. Granted.
Adj. For Cross examination of DW-1 on 25/08/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: Adv.A.B.Shinde for defendant is present.
KB.. LO at 11.41 a.m.
Adv. A. B. Shinde for defendant present and filed application for adjournment on the ground that defendant has challenged order dt. 13.07.2022 passed by this Court on NM No. 1337/2022 and the next date is after two weeks in the said Civil Appal fixed by the Hon’ble High Court.
None present for plaintiff. O: Adjournment granted till next date.
Case adj for cross examination of DW-1 to 17/09/2022.
L.O. at 12.24 pm.
Adv. Zulfiq Multani I/b Nainesh Amin for plaintiff is present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Date: 10-10-2022
Business: None Present for Plff.
Adv. Anant B. Shinde Present for Deft.
Adj. For Cross examination of DW-1 on 29/11/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Zulfiq Multani i/b. Nainesh N. Amin for plaintiff present.
Adv. Anant Shinde for defendant present.
KB.
LO at 12.10 p.m.
DW1 present. He came from Ankleshwar, Gujrat.
Advocate of defendant seeks adjournment on the ground that advocate on record is out of station sand therefore unable to attend court.
Case is for cross-examination of DW-1 since long. There is no reasonable and sufficient ground to grant adjournment. However, to have an opportunity adjournment granted subject to cost of Rs.2,000/-.
Case adjourned for cross-examination and cost to 5.1.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Nainesh N. Amin a/w Adv. Pradnya Bamane Present for Plff.
Adv. Prashant Shinde Present for Deft.
DW-1 present.
Adv of both parties contended that on the last date adv of plff has sought adjournment however it is wrongly mentioned in roznama that adv of deft has sought adjournment.
Adv of deft contended that he has received costs of Rs.2000/- from the advocate of plff as per the order dt.29/11/2022.
ORDER ON THE POINT OF MARKING OF DOCUMENT
Heard advocate of both parties. Perused record. Deft has filed NM 1337/2022 for permission to produce documents as per list Exh.40. However the said NM came to be rejected on 13/07/2022. The said order challenged before the Hon’ble High Court in appeal from order no.836/2022. The said appeal came to be rejected on 14/09/2022.
The document at sr.no.7 filed with Exh.40 is admitted. The photocopies of the document at sr.no.6,7,8 were field with Written statement. Therefore this are not additional documents. As far as the document at sr.no.1 is concerned it is letter of authority dt.28/02/2022 given by the defendant in favour of DW-1. This document was not in existence at the time of filing of WS therefore it will be taken on record. Therefore the document at sr.no.1,6,7,8 are taken on record and tentatively marked exhibit as under.
Exh.43 - Letter of authority dt.28/02/2022.
Exh.44 - Letter dt. 23/02/2011.
Exh.45 - Letter dt. 09/04/2011.
Exh.46 - Letter dt. 23/04/2011.
adv of plaintiff has taken partly cross examination and seeks time for further cross examination. Cross examination deferred till next date.
Adj. For further Cross examination of DW-1 on 31/01/2023
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-01-2023
Date: 31-01-2023
Business: Adv. Zulfiq Multani I/b N. N. Amin & Co. for plaintiff present.
Adv Pranita shinde for defendant present.
KB LO at 3.00 p.m.
Adv. Zulfiq Multani I/b N. N. Amin & Co. for plaintiff present.
Adv Pranita shinde for defendant present.
DW 1 present.
Adv of plaintiff has taken further cross-examination of DW 1.
Cross-examination of DW 1 is completed.
Exh.47 Advocate of defendant has filed evidence closer pursis.
Case adjd for final argument on 15.02.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2023
Date: 15-02-2023
Business: Adv. Zulfiq Multani I/b Nainesh N. Amin Present for Plff.
Adv. Anant Shinde Present for Deft.
Exh.48- Adv of plff filed application for adjournment on the ground that advocate on record is not available today- Granted.
Adj. For Argument on 02/03/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2023
Date: 02-03-2023
Business: Adv. Nainesh Amin Present for Plff.
Adv. Anant Shinde Present for Deft.
Adv of deft seeks adjournment on the ground that he has to go before another court in urgent matter. Otherside has no objection for adjournment. Adjournment granted.
Adj. For Argument on 17/03/2023 at 1.00 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: Adv. Nainesh N. Amin for plff present.
Adv. Ananat Shinde for defendant present.
Heard part argument of advocate of defendant and on his request adjourned for further argument.
Case adjourned for argument on 28.03.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2023
Date: 28-03-2023
Business: Adv. Zulfiq Multani I/b Nainesh N. Amin and Co. Present for Plff.
Adv. Pragati Shelar h/f Adv. Anant Shinde Present for Deft.
KB 1.00 pm.
Adv. Nainesh Amin Present for Plff.
Adv. A. B. Shinde Present for Deft.
Heard argument of adv of deft.
Adv of deft has filed case laws with list. t.o.r.
Adj. For Argument of Plff on 11/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Nainesh Amin Present for Plff.
Adv. Anant Shinde Present for Deft.
Heard part argument of adv of plff and he seeks time for further argument. Adj. Granted.
Adj. For further argument of plff on 13/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. Zulfiq Multani I/b Nainesh Amin Present for Plff.
Adv. Anant Shinde Present for Deft.
1.00
PO busy in hearing argument in commercial suit no. 304/21, NM 420/23, SJ No.264/22 and order in NM 4652/22.
Adj. For Further hearing on 21/04/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-04-2023
Date: 21-04-2023
Business: Adv. Zulfiq Multani i/b. Adv. Nainesh Amin Present for Plff.
Adv. Anant Shinde Present for Deft.
PO is busy in recording evidence in commercial suit No.678 of 2022, hearing in Commercial Suit No.160 of 2021.
Case adjourned for argument(PH) by plaintiff to 08/06/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2023
Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 04-07-2023
Date: 04-07-2023
Business: None present for plaintiff.
Adv. Prashant Shinde for defendant present.
Ld. Advocate for the defendant prayed for time to file written notes of
arguments.
Order – Time granted as prayed for.
KB at 1.30 P.M.
Adv.Sumedha Sawant for plaintiff present.
None present for defendant.
Ld for plaintiff submitted that both sides had finally argued the matter at length before on Hon’ble predecessor Judge of this Court. Hence, time may kindly be granted for moving application for transfer of this matter before the Hon’ble Judge who had heard both sides.
O- On oral request of Ld. Advocate of plaintiff adjourned.
Adjd. to 24.07.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. Pradnya Bamne i/b N.M. Amit and Co. for plaintiff
is present and seeks time to file written notes of
argument a/w citations. O- Granted.
Exh. 49 - Adv. Anant Shinde for defendant is present
and filed written argument a/w Judgments. TOR
Copy served to other side.
Matter is adj for written notes of argument of plaintiff
to 07/08/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: None present for plaintiff.
Adv. Geetashri Bejjanki i/b Anant Shinde for def. is present.
KB
L.O. at 01.05 p.m.
Adv. Pradnya Bamne h/f Adv. Naynesh Amit for plaintiff is present.
Same appearance of def.
KB
Exh. 50- Ld. adv for plaintiff filed adjournment application for filing written notes of argument.
O- Application granted as last chance.
Matter is adj for written notes of argument to 11/08/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Adv. Chetan Mhatre for plaintiff is present.
Adv. Geetasgri Bejjanki i/b Anant Shinde for def. is present.
Exh. 51- Ld. adv. for plaintiff filed written notes of arguments. Copy served to the other side.
Exh. 52- Compilation of case laws. Copy served to the other side.
Matter is adj for final arguments to 25/08/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Adv. Chetan Mhatre i/b Nainesh Amin for plaintiff is present.
Adv. Anant B Shinde for def. is present.
By consent of both parties matter is adj for argument to 30/08/2023 at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: Adv. Nainesh Amin for plaintiff is present.
Adv. Anant Shinde for def. is present.
Heard final arguments of Ld. adv. on behalf of plaintiff.
Matter is adj for fruther arguments to 06/09/2023 at 03.30 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: Adv. Nainesh Amin for plaintiff is present.
Adv. Anant B.Shinde for def. is present.
Heard final arguments on behalf of defendant.
By consent of both the parties, matter is adj for final arguments on behalf of plaintiff to 14/09/2023 at 03.30 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-09-2023
Date: 14-09-2023
Business: Matter received from C.R. No. 14.
Adv. Nainesh Amin for plaintiff is present.
Adv. Anant B.Shinde for def. is present.
Heard final arguments of Ld. adv of plaintiff.
Matter is adj for citations to 16/09/2023.
Next Purpose: CIATATION
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Adv. Nainesh Amin for plaintiff is present.
Adv. Prashant Shinde h/f Adv. Anant Shinde for def. is present.
Heard arguments of Ld. adv of plaintiff on the citations relied upon by the def.
Matter is adj for citations to 29/09/2023.
Next Purpose: CIATATION
Next Hearing Date: 29-09-2023
Date: 29-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: CIATATION
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Court is on leave. Hence adj.to
Next Purpose: CIATATION
Next Hearing Date: 19-10-2023
Date: 19-10-2023
Business: Adv. Nainesh Amin for plaintiff is present.
Adv. Geetashri Bejjanki i/b Adv. Anant Shinde for def. is present.
Matter is adj for citations to 30/10/2023
Next Purpose: CIATATION
Next Hearing Date: 30-10-2023
Date: 30-10-2023
Business: Adv. Chetan Mhatre i/b. Nainesh N. Amin for plaintiff is present.
Adv. Smt. Pranita Shinde h/f. Anant Shinde for def. is present.
Matter is adj for Citation to 22/11/2023.
Next Purpose: CIATATION
Next Hearing Date: 22-11-2023
Date: 22-11-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: CIATATION
Next Hearing Date: 08-12-2023
Date: 08-12-2023
Business: Adv. Pradya Bamane i/b. Naynesh Amin present for plaintiff.
Adv. A. V. Shinde for deft. present.
Matter is adjd. to 15.12.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 15-12-2023
Date: 15-12-2023
Business: Adv. Nainesh Amin for plaintiff is present.
None present for defendant.
Court is busy in other matters on board. Hence, matter is adjourned.
Matter is adj. for Judgment to 03/01/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: None present.
Keep back
LO at 12.52 p.m.
Adv. Chetan Mhatre i/b. Adv. Nainesh N. Amin for plaintiff present.
LO at 4.30 pm.
O- None present. As Court is busy in passing orders in other matters hence, adjourned.
Matter is adj. for Judgment to 15.01.2024.
Next Purpose: JUDGMENT
Next Hearing Date: 15-01-2024
Date: 15-01-2024
Business: None present.
KB
Later on at 11.30 a.m.
Adv. Nainesh Amin for plaintiff is present.
None for def.
As Court is busy in other matters on board hence, matter is adjourend.
Matter is adj. for Judgment to 22/01/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: None for plaintiff.
Adv. Pranita Shinde h/f Adv. Anant Shinde for def. is present.
As Court is busy in other matters on board, hence matter is adjourned.
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: 08-02-2024
Date: 08-02-2024
Business: None for plaintiff.
Adv. Shinde for def. is present.
As Court is busy in other matters on board, hence matter is adjourned.
Matter is adj. for Judgment to 14/02/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: None present.
As Court is busy in other matters on board hence, matter is adjourned.
Matter is adj. for Judgment to 26/02/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 26-02-2024
Date: 26-02-2024
Business: HHJ is on leave. Hence adjd. to
Next Purpose: JUDGMENT
Next Hearing Date: 02-03-2024
Date: 02-03-2024
Business: Adv. Chetan Mhatre i/b N. N. Amin for plaintiff is present.
None for defendant.
As Court is busy in other matters on board hence, matter is adjourned.
Matter is adj. for Judgment to 05/03/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: Adv. Chetan Mhatre i/b Nainesh Amin for plaintiff is present.
None present for defendant.
Following Judgment is passed.
For the reason separately recorded.
Operative part of order.
1. Commercial Suit No. 274 of 2029 is hereby dismissed.
2. No order as to costs.
Nature Of Disposal: DISMISSED
Disposal Date: 05-03-2024