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Commercial Suit

Jitendra Meghji ChhadvaVsBharat S. Udeshi

CNR MHCC01011849201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PLAINT RETURN
Decision Date: 12th October 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100249/2019
Registration Date
09 Dec 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 18-01-2020
Business: Adv. Raval for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Service affidavit.
Exh.6-Adv. Ghag filed vakalatnama for defendant.
Plaintiff present.
Defendant present.
The Ld advocate Shri.Ghag requested for time to file written statement.
This is commercial suit governed by the commercial courts act. The suit has to be tried and disposed expeditiously. The summons has been served on the defendant on 21.12.2019, the defendant is expected to file the written statement within 30 days i.e. on or before 20.01.2020. The Ld Advocate requested to fix the matter on 30.01.2020. In the interest of justice as a last chance time is being granted to the defendant to file the written statement on or before 30.01.2020. The defendant to note that no more time will be granted.
Hence, the matter is adjd to 30.01.2020 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Paras vira for plaintiff.
Defendant in person present filed
Exh.7- Written statement. Read and recorded.
Adjd for filing of original documents to 06-02-2020
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: P.O. IS ON LEAVE
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Ravat for plaintiff
None for defendant
kb LO
Adv. Paras vira for plaintiff filed
Exh.8- Application under order XIII-A. Copy served to the defendant. O- Defendant to file reply.
Exh.9- List of documents.
Defendant present. Adv. Ghag for defendant filed Draft issues.
Adjd for reply to Exh.8 to 16-03-2020
Next Purpose: REPLY
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Adv.for plaintiff present.
None for defendant.
No say filed on appln. for summary judgment.
Matter adjd to 31/3/2020 for Reply.
Next Purpose: REPLY
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Next Purpose: REPLY
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: REPLY
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE ,  BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: REPLY
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 10.11.2020 for reply
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 27/11/ 2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 27-11-2020

Date: 27-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 22/12/2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv.Paras Vira for plaintiff present.
None for defendant.
Matter adjd to 04.01.2021 for Reply.
L.O. at 11.50a.m
Adv. Rajesh Ghag for defendant tendered affidavit in reply.
Adv. for defendant directed to deliver copy of affidavit in reply to the other side.
Matter adjd to 04.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv.Mr.Paras N. Vira for plaintiff present.
Adv.R.J.Ghag for defendant present.
Matter adjd to 13.01.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv.Paras Vira for plaintiff present.
None present for defendant.
Adv.of plaintiff filed affidavit in rejoinder, Exh.9 t.o.r.
O-Put up for order.
Matter adjd to 29.01.2021 for Argument on application for summery judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Mr.Ghag for defendant present.
Copy of rejoinder served upon defendant by plaintiff.
Matter adjd to 11.02.2021 for Argument on SJ.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv.Paras Vira for plaintiff present.
KB
LO
Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghagh for defendant present.
Heard both the sides.
Matter adjd to 22.02.2021 for Order on SJ.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: BY PRECIPEE
Adv.R.J. Ghag for defendant present and filed application, Exh.10 for matter taken on today\''s board. O-Allowed.
Citations filed by advocate of defendant t.o.r.
Order on taking citation on record-\''put up on date fixed\''.
Matter adjd to 22.02.2021 for Order on SJ.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: Adv.Paras Vira for plaintiff present.
Adv. for defendant absent.
The defendant had filed case-law\''s in support of its defence on 18.02.2021. It is exhibited today as Exh.11 t.o.r. O-filed.
Heard argument of Adv. Paras Vira for plaintiff on the case-law\''s filed by the defendant on 18.02.2021.
Matter adjd to 23.02.2021 for summary judgment.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv.Paras Vira for plaintiff present.
None present for defendant.
F.R.S.R. the following order is passed
          ORDER BELOW EXH.8
       Application (Exh.8) under Order XIII-A of the Code of Civil Procedure 1908, for summary judgment is rejected.
Matter adjd to 08.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present for plaintiff.
Adv.Ghag for defendant present.
Issues framed, Exh.12
Matter adjd to 22.03.2021 for case management hearing and list of witnesses.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Ghag for defendant present.
Matter adjd to 31.03.2021 for admission of denial and case management hearing.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 31-03-2021

Date: 31-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Paras N. Vira for plaintiff present.
Adv.Ghag for defendant present.
Adv. for defendant filed List of Witness on behalf of Defendant marked as exh.13.
Adv. for defendant filed Defendants say/reply to documents filed by the plaintiff Exh.14.
Adv. for defendant filed defendant application on behalf of defendant for leave to deliver interrogatives under order marked as Exh.15.

Adv. for plaintiff filed List of witnesses. marked as Exh.16
Heard, Advocates plaintiff and defendant on case management order.
Matter adjd to 07.04.2021  for Case Management orders.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. Paras N. Vira for plaintiff present.
None present for defendant.
Order on Case Management Hearing
     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.
     Considering the nature of the suit, the plaintiff is directed to tender the evidence of three witnesses on 23.04.2021 and the defendant is directed to cross-examine two witnesses of the plaintiff on 30.04.2021 and remaining one witness on 03.05.2021.
   Further, the defendant is directed to tender its evidence on 06.05.2021 and the plaintiff is directed to cross-examine the defendant one witness on 09.06.2021 and the other witness on 11.06.2021.  The plaintiff and defendant are directed to restrict their cross-examination only to the extent of controversy involved in the suit.
     The suit would be further posted for Oral and Written Arguments on 18.06.2021.  The plaintiff and defendant are provided 45 minutes each for their oral arguments on 21.06.2021. The suit further would be posted for judgment on 28.06.2021.
Matter adjd to 23.04.2021 for Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 25.06.2021 for  Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: None present for plaintiff.
Adv.Akhil Rao for defendant present.
Due to rise in Covid cases, matter adjd to 22.07.2021 for reply of plaintiff.
Next Purpose: REPLY
Next Hearing Date: 22-07-2021

Date: 22-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: REPLY
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
Heard Ld. Adv. for the plaintiff and defendant on the case management hearing. Already program of case management is scheduled vide order dated 07.04.2021. Due to pandemic and lockdown same was unable to acted upon. Now, Court work is resumed hence, case management hearing is rescheduled as follows -
Order on Case Management Hearing
     In the present case, the issues are framed in accordance with Order 14 of the Code of Civil Procedure. The parties have already tendered their list of witnesses. Further scheduled is fixed as follows.
Date
Stage
26.08.2021
Filing of affidavit of evidence by the plaintiff and defendant
01.09.2021
Exhibits of documents
07.09.2021
Cross-examination of plaintiffs witness PW-1 by the defendant and plaintiffs steps for issuance of witness summons to PW-2
15.09.2021
Cross-examination of plaintiffs witness PW-2 by the defendant.
21.09.2021
For issuance of witness summons of PW-3
01.10.2021
Evidence including cross-examination of plaintiffs witness PW-3.
07.10.2021
Cross-examination of defendants witness by the plaintiff.
13.10.2021
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
22.10.2021
Judgment
Matter adjd to 26.08.2021 for filing affidavit of evidence and defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: Plaintiff present.
Adv.Ms.Vira h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajendra Ghag for defendant present.
KB
LO at 01.08 pm
Plaintiff present.
Adv.Paras Vira for plaintiff present.
Adv.Rajendra Ghag for defendant present.
Heard
KB for order on exhibit.
LO at 03.54 pm
F.R.S.R. the following order is passed
ORDER
Application Exh15. is rejected.
Witness Mr.Jitendra Meghji Chhadva, PW-1 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.17.
Order on Exh.17-Read and recorded subject to order on Exh.15.
Matter adjd to 01.09.2021 for exhibition of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.18 pm
Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag h/f.Adv.Akhil Rao for defendant present.
ORDER REGARDING EXHIBITION OF DOCUMENTS -
1. The document at Sr.No.1 is the certificate dated 29.08.2018 issued by Canara Bank (page No.19-20). Same is part of certified copy of list of documents in Case No.1369/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X1.
2.The document at Sr.No.2 is certified copy of writing dated 05.01.2018 issued by the defendant (page No.21). Same is part of certified copy of list of documents in Case No.1369/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X2.
3. The document at Sr.No.3 is certified copy of the dishonored cheques bearing nos.081141 and 081143 (page No.22). Same is part of certified copy of list of documents in Case No.1369/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X3.
4. The document at Sr.No.4 is certified copy of the four cheque return memo each dated 04.04.2018 (page No.23 to 25). Same is part of certified copy of list of documents in Case No.1369/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X4 (colly).
5. The document at Sr.No.5 is certified copy of notice dated 07.04.2018 issued by the plaintiff (page No.26 to 28). Same is part of certified copy of list of documents in Case No.1369/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X5.
6. The document at Sr.No.6 is certified copy of the reply dated 24.04.2018 from advocate of defendant (page No.30 to 33). Same is admitted by defendant, hence it is marked as Exh.18.
        Matter is adjourned for cross-examination of defendant.
Matter adjd to 07.09.2021 for Cross-examination of plaintiffs witness PW-1 by the defendant and plaintiffs steps for issuance of witness summons to PW-2.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.52 pm
Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag h/f.Adv.Akhil Rao for defendant present.
Witness present.
KB
LO at 01.20 pm
Adv.Paras Vira for plaintiff present.
Adv.Karansingh Shekhawat h/f.Adv.Akhil Rao for defendant present.
Witness present.
Cross-examination of PW-1, Mr.Jitendra Meghji Chhadva  commenced and partly completed.
Due to recess, cross-examination is deferred.
KB
LO at 03.00 pm,
Same appearance.
PW-1, Mr.Jitendra Meghji Chhadva resumed on SA again.
Cross-examination of PW-1, Mr.Jitendra Meghji Chhadva  completed.
Adv. of plaintiff filed application for witness summons to give evidence and to produce documents t.o.r.
O-Issue witness summons as prayed and by hand.
Matter adjd to 21.09.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv.S.R.Mourya h/f.Adv.Paras N. Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
KB
LO at 01.12 pm
Adv.Paras N. Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
Examination-in-chief of Mr.Nikhil Kailashchandra Shirsath (PW-2) commenced and concluded.
Statement of account is marked as Exh.20.
Certificate U/S.65B is marked as Exh.21.
Document at page No.24 of the list Exh.9
Document at page No.25 of the list Exh.9
Cross-examination of Mr.Nikhil Kailashchandra Shirsath (PW-2) commenced and concluded.
Examination-in-chief of Ms.Jyotsnarani Nayak (PW-3) commenced and concluded.
Statement of account, Exh.25
Statement of account, Exh.26
Certificate U/S.65B, Exh.27
Cheque return memo, Article-X4 (colly.)
Cross-examination of Ms.Jyotsnarani Nayak (PW-3) commenced and concluded.
Matter adjd to 01.10.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Ghag for defendant present.
The plaintiff filed application, Exh.29 for issuance of witness summons against the defendant. O-Other side to say.
Copy served to other side. Endorsement to that effect is made.
Matter adjd to 04.10.2021 for say on Exh.29 by deft.
Next Purpose: REPLY
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv. Paras Vira present for plaintiff.
Adv. Rajesh Ghag present for defendant.
Exh. 30Defendant filed reply to the plaintiff application and Exh. 29
Copy is furnished to the plaintiff. The endorsement to that effect is made.
Exh. 31 Evidence close pursis filed by defendant.
Matter adjd to 07-10-2021 for order on Exh. 30.
Next Purpose: ORDER
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
KB
LO at 12.40 pm,
Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
KB
LO at 03.43 pm,
Adv.Paras Vira for plaintiff present.
F.R.S.R. the following order is passed
ORDER BELOW EXH.29
1. Application (Exh.29) is rejected.
2. Costs shall follow the event.
        Plaintiffs advocate submits that he will filed evidence close pursis on next date, adjd for steps regarding filing of evidence close pursis on 12.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv.Mayur Sonavane h/f.Adv.Paras Vira for plaintiff present.
Adv.Ghag h/f.Adv.Akhil Rao for defendant present.
The plaintiff filed application for issuance of witness summons, Exh.32 t.o.r.
KB
LO at 01.25 pm,
Adv.Paras Vira a/w.Adv.Mayur Sonavane for plaintiff present.
Adv.Ghag a/w.Adv.Akhil Rao for defendant present.
Heard the parties on Exh.32. The plaintiffs advocate submits that he will apply to the concern court in which the subject documents are filed, for return of documents. He requested to keep the application Exh.32 in abeyance till then. Hence, application Exh.32 is kept in abeyance.
Matter adjd to 22.10.2021 for compliance and further evidence of the plaintiff.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
Adjournment application, Exh.33 filed by adv. of plaintiff t.o.r.
O-Considering the reason stated time granted.
Matter adjd to 29.10.2021 for Steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv.Mittal Vira h/f.Adv.Paras Vira for plaintiff present.
None present for defendant.
KB
LO at 02.59 pm,
Adv.Mittal Vira h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag a/w.Adv.Akhil Rao for defendant present.
Plaintiff submits that till today documents from MM Court are not received.
Matter adjd to 10.11.2021 for Steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
Adv.Yogesh Salunkhe i/b.Adv.Rajesh Ghag for defendant present.
KB
LO at 01.16 pm,
Adv.Mayur Sonavane h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag a/w. Adv.Yogesh Salunkhe for defendant present.
Heard both the advocates on the point of modification of Case Management Hearing. As per the previous schedule 22.10.2021 was the date for judgment but the evidence is not yet over. Hence, following schedule is fixed for further trial.
Order on Case Management Hearing
Date
Stage
On or before 23.11.2021
Steps by plaintiff for further evidence.
On or before 30.11.2021
Further evidence of plaintiff
On or before 16.12.2021
Further evidence of plaintiff, if any.
On or before 30.12.2021
Defendants evidence.
On or before 10.01.2022
Defendants further evidence if any.
On or before 21.01.2022
Argument
On or before 31.01.2022
Written argument if any/judgment
On or before 10.02.2022
Judgment
Matter adjd to 23.11.2021 for steps by defendant for further evidence.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Yogesh Salunkhe h/f.Adv.Ramesh Ghag for defendant present.
Heard Adv.of plaintiff and defendant on Exh.32.
Matter adjd to 30.11.2021 for order on Exh.32.
Next Purpose: ORDER
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv. Paras Vira present for plaintiff.
Adv. Akhil Rao present for defendant.
KB
LO at 5.00 p.m.
                                Order on Exh.32
Heard the learned Advocates for the plaintiff and the defendant. Read the application. Plaintiff wants to examine the Branch Manager of Zoroastrian Cooperative Bank, in order to prove certain documents. Hence, giving fair chance to adduce evidence, following order is passed.
                                      ORDER
1. Application (Exh.32) is allowed.
2. Issue witness summons as prayed for on due process fee and witness bhatta.
3. Private service of witness summons is allowed, if required.
Matter adjd to 04.01.2022 for CMH hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Paras Vira for plaintiff present.
Adv.Rajesh Ghag for defendant present.
KB
LO at 1.35 p.m.
Plaintiff tendered duplicate witness summons t.o.r. marked as Exh.34.
Evidence of PW No.4 Shri. Aspi Adi Kerawalla commenced and completed.
Pursis
Matter adjd to 12.01.2022 for further evidence of the plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: Adv. Mayur Sonawane for plaintiff present.
None present for defendant.KB.
Later on 11.40 p.m.
Adv Paras Vira for plaintiff present.  He filed application Exh.37 for exhibiting the documents t.o.r. and marked as Exh. 37 Order : Other side to say.
Copy of application kept on record for furnishing say of defendant.
Matter is adjd on 27.01.2022  for reply by the defendant.
Next Purpose: REPLY
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Adv.Mittal Vira h/f.Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
Copy of Exh.37 is furnished to the defendant. Endorsement made.
Matter adjd to 31.01.2022 for reply and argument on Exh.37.
Next Purpose: REPLY
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv. Paras Vira for present for plaintiff.
Adv. Akhil Rao  present for defendant. He filed reply to Exh.37. t.o.r. marked as Exh.38. Copy is  received by the plaintiff.
KB.
Adv. Paras Vira for present for plaintiff.
Adv. Rajesh Ghag for the defendant present.
Heard, both parties on application Exh.37.
Matter adjd to 07.02.2022 for order on Exh.37.
Next Purpose: ORDER
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per office order no.27 of 2022 holiday declared.
Next Purpose: ORDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
KB for order.
LO at 05.30 pm,
As Court is busy in dictating order in NM No.3190/2021 and NM No.2116/2021, hence, matter adjd.
Matter adjd to 17.02.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv.Mayur Sonavane h/f.Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
On oral request of plaintiff matter adjourned.
Matter adjd to 23.02.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: None present for plaintiff.
Adv.Akhil Rao for defendant present.
KB
LO at 12.23 pm,
Adv.Mittal Vira h/f.Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
Matter adjd to 02.03.2022 for submissions/argument on citations and order.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: None present for plaintiff.
Adv. Mr. Rajesh Ghag present for defendant.
L.O. at 11.10 a.m.
Adv. Ms. Mittal Veera h/f Adv. Mr. Paras Veera for the plaintiff present.
Heard argument of ld. advocate for the defendant.
KB
L.O. at 12.30 p.m.
Heard argument of ld. advocate for the plaintiff.
Matter adjd to 10.03.2022 for order on Exhibit.
Next Purpose: ORDER
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: None present for plaintiff.
Adv.Yogesh Salunkhe i/b.Adv.Rajesh Ghag for defendant present.
KB
LO at 11.42 pm,
Adv.Mittal Vira for plaintiff present.
KB for order
LO at 05.30 pm,
F.R.S.R. the following order is passed
ORDER
1. Application at exhibit-37 is partly allowed.
2. The documents marked as Art. X-1 to X-5 are certified copies of the documents admitted in evidence and exhibited by the Metropolitan Magistrate Court, therefore, they are admitted and shall be exhibited respectively subject to be objection and proof thereof.
3. Costs of this application shall follow the event.
Matter adjd to 24.03.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv.Mayur Sonawane h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag h/f.Adv.Akhil Rao for defendant present.
KB
LO at 12.05 pm,
Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag h/f.Adv.Akhil Rao for defendant present.
KB
LO at 04.05 pm
In view of order passed below Exh.37, Article-X-1 to X5 are respectively marked as Exh.39, Exh.40, Exh.41, Exh.42 (colly.), Exh.43.
Matter adjd to 14.06.2022 for further evidence of pltff. if any.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: Adv Veera present for plaintiff.
Adv R J Ghag present for defendant.
Adv for plff filed evidence close pursis at Exh.44.
Matter adjd to 05.07.2022 for evidence of deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Vittal Vira Present for Plff.
Adv. Akhil Rao Present for Deft.
Adv of deft seeks time for evidence. Granted
Adj. For evidence of deft on 25/07/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Adv. Paras Vira for plaintiff present.
Adv. Akhil Rao for defendant present.
Adv. For defendant filed evidence closed pursis marked as Exh.45.
Case adjd to 02.08.2022  for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: Adv. Mittal Vira Present for Plff.
Adv. R. J. Ghag Present for Deft.
Adv of both parties seeks time for argument. Granted as a last chance.
Adj. For Argument on 22/08/2022 at.11.00 am.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Paras Vira Present for Plff.
Adv. R. J. Ghag Present for Deft.
Partly Heard argument adv of plff and on his request case adj. For further argument
Adj. for further Argument on 07/09/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Vaishali Pradhan h/f Adv. Paras Vira Present for Plff.
Adv. Swapnil Gite Present for Deft.
Adv Vaishali Pradhan of plff contended that Adv Paras Vira is not feeling well hence seeks time for argument. Granted.
Adj. For Argument on 26/09/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Adv. Paras Vira Present for Plff.
Adv. Adv. Rajesh Ghag Present for Deft.
Adv of plff has completed his argument.
Adv of deft has partly argue and sought time for further argument. Granted.
Adj. For Further argument of deft on 30/09/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Paras Vira a/w Adv. Vaishali PradhanPresent for Plff.
Adv. Rajesh J. Ghag Present for Deft.
Heard argument adv of deft and adv of plff.
Ex.46.- adv of deft has filed list of Case law without annexture.
Ex.47-  Written notes of argument filed by adv of deft. Copy served to Adv of plff.
Adj. For Judgment on 12/10/2022.
Next Purpose: JUDGMENT
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Mitta Vira Present for Plff.
None present for the deft.
F.R.S.R. following order passed.
1. The plaint stands returned to plaintiff for presentation to the appropriate court, not being a commercial dispute.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 12-10-2022

Additional Case Details

Additional Case Details
Filing Number: 112699/2019
Filing Date: 21-11-2019
First Hearing Date: 18th January 2020
Decision Date: 12th October 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

7
Final Order 4Full order available
12 Oct 2022

Order Details: Other Pdf Text: 1 Comm. Suit 249/2019 MHCC010118492019 Presented on : 22/11/2019 Registered on : 09/12/2019 Decided on : 12/10/2022 Duration : 2Y 10M 3D IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT NO.249 OF 2019 Jitendra Meghji Chhadva Karta of Jitendra Meghji Chhadva, HUF, aged about 58 years, Occu. business, Residing at D703, Gundecha Garden, Dattaram Khamkar Road, Old Gas Compound Lane, Lalbaug, Mumbai 400012 …PLAINTIFF Versus Bharat Shivaji Udeshi Age about 68 years, occu. Business,…

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Interim Order 3Full order available
10 Mar 2022

Order Details: Order below exhibit Pdf Text: .. 1.. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI APPLICATION AT EXHIBIT37 IN COMMERCIAL SUIT NO.249 OF 2019 Jitendra Meghji Chhadva ) … Plaintiff. Vs. Bharat S. Udeshi )...Defendant. Appearances: Adv. Mr. Paras Veera for the plaintiff. Adv. Mr. Rajesh Ghag for the defendant. CORAM : RAJESH A. SASNE ADHOC JUDGE (C.R.No.32) DATED : 10th March, 2022 ORDER BELOW EXHIBIT37 By this application the plaintiff prays to exhibit the documents…

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Interim Order 2Full order available
07 Oct 2021

Order Details: Order below exhibit Pdf Text: .. 1.. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI ORDER BELOW EXH.29 IN COMMERCIAL SUIT NO.249 OF 2019 Jitendra Meghji Chhadva ] Karta of Jitendra Meghji Chhadva, HUF ]...Plaintiff V/s Bharat S.Udeshi Proprietor of M/s.Shiv Sneha Associates ]...Defendant Appearances: Ld. Adv. Chaitanyaa Bhandarkar for the plaintiff. Ld. Adv. Ram B. Laxmipalli for defendant Nos.1 and 2. CORAM : HIS HONOUR ADHOCADDL.SESSIONS JUDGE SHRI. RAJESH A. SASNE (C.R.No.32) DATED : 7th…

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Interim Order 1Full order available
23 Feb 2021

Order Details: Order below exhibit Pdf Text: IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI ORDER BELOW EXH. 08 IN COMMERCIAL SUIT NO. 249 OF 2019 (CNR No.MHCC010118492019) Jitendra Meghji Chhadva ] Karta of Jitendra Meghji Chhadva, HUF, ] aged about 58 years, Occ: Business, ] residing at D703, Gundecha Garden, ] Dattaram Khamkar Road, ] Old Gas Compound Lane, Lalbaug, ] Mumbai – 400 012 ]...Plaintiff/ Applicant V/s Bharat S. Udeshi ] aged about 68 years, Occ:…

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Order 3Full order available
10 Mar 2022

Order Details: Order below exhibit Pdf Text: .. 1.. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI APPLICATION AT EXHIBIT37 IN COMMERCIAL SUIT NO.249 OF 2019 Jitendra Meghji Chhadva ) … Plaintiff. Vs. Bharat S. Udeshi )...Defendant. Appearances: Adv. Mr. Paras Veera for the plaintiff. Adv. Mr. Rajesh Ghag for the defendant. CORAM : RAJESH A. SASNE ADHOC JUDGE (C.R.No.32) DATED : 10th March, 2022 ORDER BELOW EXHIBIT37 By this application the plaintiff prays to exhibit the documents…

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Order 2Full order available
07 Oct 2021

Order Details: Order below exhibit Pdf Text: .. 1.. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI ORDER BELOW EXH.29 IN COMMERCIAL SUIT NO.249 OF 2019 Jitendra Meghji Chhadva ] Karta of Jitendra Meghji Chhadva, HUF ]...Plaintiff V/s Bharat S.Udeshi Proprietor of M/s.Shiv Sneha Associates ]...Defendant Appearances: Ld. Adv. Chaitanyaa Bhandarkar for the plaintiff. Ld. Adv. Ram B. Laxmipalli for defendant Nos.1 and 2. CORAM : HIS HONOUR ADHOCADDL.SESSIONS JUDGE SHRI. RAJESH A. SASNE (C.R.No.32) DATED : 7th…

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Order 1Full order available
23 Feb 2021

Order Details: Order below exhibit Pdf Text: IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI ORDER BELOW EXH. 08 IN COMMERCIAL SUIT NO. 249 OF 2019 (CNR No.MHCC010118492019) Jitendra Meghji Chhadva ] Karta of Jitendra Meghji Chhadva, HUF, ] aged about 58 years, Occ: Business, ] residing at D703, Gundecha Garden, ] Dattaram Khamkar Road, ] Old Gas Compound Lane, Lalbaug, ] Mumbai – 400 012 ]...Plaintiff/ Applicant V/s Bharat S. Udeshi ] aged about 68 years, Occ:…

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