Order Details: Other Pdf Text: 1 Comm. Suit 251/2019 MHCC010119792019 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.251 OF 2019 M/s Oscar Fashion Pvt. Ltd. A company incorporated under the Companies Act, carrying on its business at office unit no.101, 1st floor, Safalya Building, B. Parulekar Marg, Off Bhavani Shankar Road, Dadar (West), Mumbai 400 028. Through its Director Mr. Sharad…
M/s. Oscar Fashions Pvt. Ltd.VsBharat Shivaji Udeshi
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 100251/2019
- Registration Date
- 09 Dec 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Case History / Proceedings
Case History
Date: 18-01-2020
Business: Adv. Paras N. Vira for plaintiff present and affidavit of service
Affidavit of service filed on behalf of plaintiff stated that defendant has been served on 21.12.2019.
Adv. R. J. Ghag for defendant present and filed VP.
Vakalatnama filed on behalf of defendant.
Heard. On oral request Ld. counsel for defendant, Matter stands Adj for filing WS on 21.01.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: Adv. Vira for plaintiff present.
Defendant present in person and his advocate is absent. He filed application for adjournment.
Application for adjournment filed by defendant.
Heard defendant in person and Ld. counsel for plaintiff on the application for adjournment. The defendant submitted that in October 2019 he was not well and suffering from illness. He was admitted in Tejnaksh Hospital at Sion-Mumbai and was in ICU from 22.10.2019 to 26.10.2019 and from 13.11.19 to 20.11.19. He has been advice bed rest for three weeks. Hence, prayed for adjournment. Ld. counsel for plaintiff opposed the application and submitted that no WS order may be passed. He admitted the fact about the illness of the defendant and submitted that appropriate orders may be passed.
Considering the ground of illness of the defendant, three weeks time granted.
Matter stands Adj for filing WS to 11.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-02-2020
Date: 11-02-2020
Business: The court is on leave
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-02-2020
Date: 14-02-2020
Business: Called out at 11.35 am
Adv. Veera for plaintiff present.
Defendant present.
Adv. Ghag for defendant present and filed WS.
Written statement filed on behalf of defendant.
Keep Back
Later on at 12.15 pm
Ld. counsel for plaintiff filed application under XII-A of CPC for summary Judgment and list of documents with documents.
Application under XII-A of CPC for summary Judgment. O-Call for say of other side after expiry of 30 days from today.
List of document on behalf of plaintiff. TOR. O-other side to say and hearing.
Matter stands Adj for filing say on Ex-6 and 7 to 16.03.2020.
Next Purpose: FILING SAY
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: FILING SAY
Next Hearing Date: 31-03-2020
Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING SAY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: FILING SAY
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: FILING SAY
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING SAY
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING SAY
Next Hearing Date: 16-07-2020
Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: FILING SAY
Next Hearing Date: 17-07-2020
Date: 17-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING SAY
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING SAY
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING SAY
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FILING SAY
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FILING SAY
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: FILING SAY
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 07.11.2020 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 07-11-2020
Date: 07-11-2020
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 filing say.
Next Purpose: FILING SAY
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 9/12/2020 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Adv.R.J.Ghag for defendant present.
Adv. for defendant file reply on Exh-6.t.o.r. at Exh-8.
Defendant is directed to serve copy of reply to the plaintiff.
Matter adjd to 07.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Mayur Sonawane h/f.Adv.Paras Vira for plaintiff present.
None present for defendant.
Matter adjd to 13.01.2021 for Argument.
Next Purpose: ARGUMENTS
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.6
Application (Exh.6) 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.
Matter adjd to 07.04.2021 for Case Management Order.
Next Purpose: ORDER
Next Hearing Date: 07-04-2021
Date: 07-04-2021
Business: Adv. Mr.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 22.06.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Court 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: 11-08-2021
Date: 11-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.19 pm
Adv.Paras Vira for plaintiff present.
Adv.Akhil Rao for defendant present.
Matter adjd to 26.08.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv.Ms.Vira h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajendra Ghag for defendant present.
KB
LO at 03.54 pm
Adv.Paras Vira for plaintiff present.
Adv.Rajendra Ghag for defendant present.
Heard
F.R.S.R. the following order is passed
ORDER
Application Exh.15 is rejected.
Matter adjd to 01.09.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag h/f.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
27.09.2021
Filing of affidavit of evidence by the plaintiff and exhibition of documents
on or before 04.10.2021
Filing of affidavit of evidence by the defendant
on or before 12.10.2021
Cross-examination of plaintiffs witness PW-1 by the defendant and plaintiffs steps for issuance of witness summons to PW-2
on or before 20.10.2021
Cross-examination of plaintiffs witness PW-2 by the defendant and issuance of witness summons of PW-3
on or before 29.10.2021
Evidence including cross-examination of plaintiffs witness PW-3.
on or before 10.11.2021
Cross-examination of defendants witness by the plaintiff.
on or before 23.11.2021
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
on or before 30.11.2021
Judgment
Matter adjd to 27.09.2021 for filing of affidavit of evidence by the plaintiff and exhibition of documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: Adv. Mittal Vira for plaintiff present.
Adv. Rajesh Ghag for defendant present.
Adv. for plff. tender affidavit of Evidence. t.o.r. Exh.17
Witness Mr.Sharad Ratanshi Pasad, PW-1 present. Affidavit of evidence is read and recorded and marked at Exh.17.
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.1370/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 15.10.2017 issued by defendant. (Page No.21-22). Same is part of certified copy of list of documents in Case No.1370/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 the certified copy of dishonored cheques bearing nos.081222, 081223, 015787 (page No.26). Same is part of certified copy of list of documents in Case No.1370/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 six cheque return memo dated 09.04.2018 and 13.04.2018 (page No.25, 27 to 29). Same is part of certified copy of list of documents in Case No.1370/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X4 for page No.25 and Article-X5 (colly) for page No.27-29.
5. The document at Sr.No.5 is certified copy of notice dated 17.04.2018 issued by the plaintiff (page No.30 to 32). Same is part of certified copy of list of documents in Case No.1370/SS/2018. The document is not original one. It is obtained from the Court as certified copy. It is marked as Article-X6.
6. The document at Sr.No.6 is certified copy of the reply dated 05.05.2018 from advocate of defendant (page No.34 to 37). It is admitted by defendant, hence, it is marked as Exh.18.
7. The document at Sr.No.7 is certified true copy of Board resolution dated 30.04.2019 (page No.44 to 46). Read the contents of para No.12 of affidavit of evidence. It is marked as Exh.19.
Matter adjd to 04.10.2021 for cross-examination of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Paras Vira present for plaintiff.
Adv. Rajesh Ghag present for defendant.
Cross-examination of PW-1 Mr.Sharad Ratanshi Pasad recorded.
Matter adjd to 12-10-2021 for further cross-examination.
Next Purpose: RECORDING EVIDENCE P.H.
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.
KB
LO at 01.05 pm,
Adv.Paras Vira a/w.Adv.Mayur Sonavanefor plaintiff present.
Adv.Ghag a/w.Adv.Akhil Rao for defendant present.
PW-1, Mr.Sharad Ratanshi Pasad resumed on S.A.
Further Cross-examination of PW-1, Mr.Sharad Ratanshi Pasad commenced and concluded.
Matter adjd to 20.10.2021 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv.Mayur Sonavane h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag for defendant present.
KB
LO at 03.19 pm,
Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag for defendant present.
The plaintiff filed application for witness summons, Exh.20 t.o.r.
O-Allowed to issue witness summons as prayed for. The plaintiff requested for private service. It be served accordingly.
Matter adjd to 29.10.2021 at 02.45 pm for further evidence.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Adv.Mittal Vira h/f.Adv.Paras Vira for plaintiff present.
Adv.Rajesh Ghag a/w.Adv.Akhil Rao for defendant present.
PW-1, Mr.Saurabh Suman Sachhidanand Prasad resumed on S.A.
Examination-in-chief of PW-1, Mr.Saurabh Suman Sachhidanand Prasad, commence and concluded.
Cheque No.945698 a/w. certificate, Exh.22 colly.
Cross-examination of PW-1, Mr.Saurabh Suman Sachhidanand Prasad, commence and concluded.
Witness is absent. The plaintiff to file service affidavit of witness summons.
Matter adjd to 10.11.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE P.H.
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.
KB
LO at 02.55 pm,
Adv.Mayur Sonavane h/f.Adv.Paras Vira for plaintiff present and filed application for issuance of witness summons, Exh.23 t.o.r.
O-Issue witness summons as prayed. Read the endorsement made by witness acknowledge date of recording of evidence.
Matter adjd to 23.11.2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv.Paras N. Vira for plaintiff present.
None present for defendant.
KB
LO at 12.10 pm,
Adv.Paras Vira for plaintiff present.
Adv.Yogesh Salunkhe h/f.Adv.Ramesh Ghag for defendant present.
Evidence of PW-3, Mr.Nikhil Kailashchandra Sirsat, Exh.24 commenced and completed.
Statement of account a/w. certificate, Exh.25 colly.
The plaintiff tendered application, Exh.26 for issuance of witness summons against defendants bankers. O-Otherside to say.
Heard Adv.of plaintiff on Exh.26.
KB as the defendant wants to file reply on Exh.26.
LO at 02.54 pm
Adv.Yogesh Salunkhe h/f.Adv.Ramesh Ghag for defendant present. He filed handwritten reply below Exh.26.
Heard Adv.of defendant on Exh.26.
Matter adjd to 30.11.2021 for order on Exh.26.
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 for plaintiff present.
Adv. Akhil Rao for defendant present.
KB
LO at 5.00 p.m.
Order on Exh.26
Heard the learned Advocates for the plaintiff and the defendant. Read the application. Plaintiff wants to examine the Branch Manager of Zoroastrian Cooperative Bank and the Gr.Bombay Cooperative Bank, in order to prove certain documents. Hence, giving fair chance to adduce evidence, following order is passed.
ORDER
1. Application (Exh.26) 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 12.27 p.m.
Plaintiff tendered duplicate witness summons t.o.r. marked as Exh.27.
Evidence of PW No.4 Mr.Deepak Gopal Kole commenced and completed.
The plaintiff produced documents with pursis Exh.29.
Plaintiff tendered duplicate witness summons t.o.r. marked as Exh.30.
The plaintiff filed pursis for production of documents by the witness. t.o.r. marked as Exh.31.
Evidence of PW No.5 Shri. Aspi Adi Kerawalla commenced and completed.
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.33 for exhibiting the documents t.o.r. and marked as Exh. 33 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.33 is furnished to the defendant. Endorsement made.
Matter adjd to 31.01.2022 for reply and argument on Exh.33.
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.33. t.o.r. marked as Exh.34. Copy is received by the plaintiff.
KB.
LO.
Adv. Paras Vira for present for plaintiff.
Adv. Rajesh Ghag for the defendant present.
Heard, both parties on application Exh.33.
Matter adjd to 07.02.2022 for order on Exh.33
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.
The Ld.Adv.for the plaintiff tendered citations. Copy of same is received by defendant.
Matter adjd to 02.03.2022 for submissions/argument on citations and order.
Next Purpose: ARGUMENT P.H.
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-33 is partly allowed.
2. The documents marked as Art. X-1 to X-6 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.33, Article-X-1 to X6 are respectively marked as Exh.34, Exh.35, Exh.36, Exh.37, Exh.38 (colly.) and Exh.39.
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.40
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.40.
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.41.- adv of deft has filed Case law with list.
Ex.42- 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: 12-10-2022Additional Case Details
Additional Case Details
Filing Number: 112788/2019 Filing Date: 22-11-2019 First Hearing Date: 18th January 2020 Decision Date: 12th October 2022 Court Number And Judge: 32-COURT 32 ADDL SESSIONS JUDGE
Orders
5Order Details: Order below exhibit Pdf Text: .. 1.. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI APPLICATION AT EXHIBIT33 IN COMMERCIAL SUIT NO.251 OF 2019 M/s. Oscar Fashions Pvt. Ltd. ) … Plaintiff. Vs. Bharat Shivaji 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 EXHIBIT33 By this application the plaintiff prays to exhibit…
Order Details: Order below exhibit Pdf Text: IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI ORDER BELOW EXH. 06 IN COMMERCIAL SUIT NO. 251 OF 2019 (CNR No.MHCC010119792019) M/s. Oscar Fashion Pvt. Ltd. ] A Co. incorporated under the Companies Act, ] Carrying on its business at office Unit No.101, ] 01st floor, Safalya Building, B, Parulekar Marg, ] Off Bhavani Shankar Road, Dadar (West), ] Mumbai400 028, ] Through its Director Mr. Sharad Ratanshi Pasad ] Aged…
Order Details: Order below exhibit Pdf Text: .. 1.. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI APPLICATION AT EXHIBIT33 IN COMMERCIAL SUIT NO.251 OF 2019 M/s. Oscar Fashions Pvt. Ltd. ) … Plaintiff. Vs. Bharat Shivaji 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 EXHIBIT33 By this application the plaintiff prays to exhibit…
Order Details: Order below exhibit Pdf Text: IN THE COURT OF SESSIONS FOR GR. BOMBAY AT MUMBAI ORDER BELOW EXH. 06 IN COMMERCIAL SUIT NO. 251 OF 2019 (CNR No.MHCC010119792019) M/s. Oscar Fashion Pvt. Ltd. ] A Co. incorporated under the Companies Act, ] Carrying on its business at office Unit No.101, ] 01st floor, Safalya Building, B, Parulekar Marg, ] Off Bhavani Shankar Road, Dadar (West), ] Mumbai400 028, ] Through its Director Mr. Sharad Ratanshi Pasad ] Aged…
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