Date: 21-01-2020
Business: None present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Issue writ to summons to the defendants.
The matter is adjd for affidavit of service to 03.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2020
Date: 03-02-2020
Business: None present for plaintiff.
Plaintiff has not filed service affidavit. Granted as last chance to file service affidavit.
The matter is adjd for affidavit of service to 29.02.2020.
L.O.
Adv. Ramesh Jain for plaintiff present. He seeks extension of returnable date of writ of summons.
O. - Extended till next date.
The matter is already adjd for affidavit of service to 29.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: None present for plaintiff.
Plaintiff has not filed the affidavit of service. Adjourned as last chance for filing affidavit of service.
The matter is adjd for affidavit of service to 17.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2020
Date: 17-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for affidavit of service to 08.04.2020.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020
Date: 19-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for service of affidavit to 27/10/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Business: Court is on leave
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-12-2020
Date: 17-12-2020
Business: None present for plaintiff.
Defendant is present and requested short adjournment for filing V/P, reply and W/S. Request is allowed.
Adjourned for affidavit of service to 22.01.2021.
L.O. at 12.36 p.m.
Advocate Ramesh Jain for plaintiff is present.
Adjourned for affidavit of service to 22.01.2021.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None for plaintiff.
Defendant Mr. Pawan Pednekar is present.
Exh. 5 - application submitted by defendant for time to engage lawyer.
Matter is adjd.to 06-02-2021 for affidavit of service
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant is present.
Defendant is present.
Exh. 6 - VP of Adv. Arvind Taral for defendant prayed for time to file WS.
Matter is adjd.to 11-03-2021 for WS.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv. Mr. Ramesh Jain for plaintiff present.
Adv. Mr. Sandip Dhuri h/f adv. Mr. Arvind Taral for deft. present.
Exh.7- W.S. filed by deft., Adv. Mr. Dhuri to undertake to serve the copy to plff.
Exh.8- Issues framed.
Matter is adjd.to 25.03.2021 for List of witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None for plaintiff.
Adv. Mr. Arvind Taral for defendant present.
Both side to submit list of witness and schedule of case management hearing.
Matter is adjd.to 15.04.2021. for List of witness and
C.M.H.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2021
Date: 15-04-2021
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 08.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: None for plaintiff.
Adv. Taral for defendant present.
LO
Adv. Ramesh Jain for plaintiff present and filed statement of truth it is marked as Exh. 9
O- t.o.r.
Adv. for plaintiff filed affidavit of examination of chief of plaintiff it is t.o.r. marked as Exh. 10
Exh. 11 colly - List of documents.
Adjd to 12-08-2021 for Case management hearing.
Next Purpose: HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Plaintiff present.
Adv. Ramesh Jain for plaintiff present.
Adv. Arvin Taral for defendant present.
Heard argument of both sides on the point of case management hearing.
Schedule of Trail determined after case management hearing - Exh. 12
Matter is adjd.to 06-09-2021 for filing list of witnesses
Next Purpose: FOR___________________
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Ramesh Jain for Plaintiff present.
Advocate Arvind Taral for Defendant present and requested
date for filing list of witness.
Matter is adjd.to 15-09-2021 for List of witness.
Next Purpose: FOR___________________
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv Arvind Taral for defendant present and filed list of witness t.o.r. marked as Exh. 13.
None for the plaintiff.
LO
Adv Ramesh Jain for the plaintiff present and filed list of witness t.o.r. and marked as Exh. 14.
Matter is adjd. to 30.09.2021 for filing affidavit of evidence
by the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: None for plaintiff.
Adv. Arvind Taral for defendant present.
KB LO
Adv. Ramesh Jain for plaintiff present.
Matter is adjd.to 22-10-2021 for R/E P.H. (Cross
examination of PW – 1 on Exh. 10)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Plaintiff present.
Adv. Arvind Taral for defendant.
Matter is adjd.to10-11-2021 for Cross examination of PW1
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv. for plaintiff absent.
Plaintiff in person present.
Adv. Arvind Taral for defendant present and submitted that the plaintiff has filed additional documents with list Exh. 11 without leave of the Court and he wants to raise objection by filing separate application.
Matter is adjd.to 30-11-2021 for cross examination of PW
– 1.
LO 12.45 pm
Adv. Ramesh Jain along with plaintiff in person present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Business: Adv.Ramesh Jain for plaintiff present.
None for defendant
Matter is adjd.to 10-12-2021 for evidence (cross
examination of PW – 1)
LO
Adv. Arvind Taral for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Ramesh Jain for plaintiff along with witness Sudha Subhash Brahma present
LO at 11.30 am
Adv. Arvind Taral for defendant present and submitted that he would attend matters in other Courts and appear for conducting cross examination of PW – 1 Sudha Subhash Brahma within 30 minutes.
LO 1.00 pm
Adv. Arvind Taral for defendant present and filed application t.o.r. and marked as Exh. 15 – Other side to say.
Say given by Adv. Ramesh Jain at the back side of Exh. 15.
Matter is adjd.to 22-12-2021 for Hrg on Exh. 15
(2.45pm)
Next Purpose: HEARING
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd.to 05-01-2022 for hrg.
LO (2.45pm)
Adv. Arun Taral for defendant present.
Next Purpose: HEARING
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant present.
Matter is adjd to25-01-2022 for hrg on Exh15(2.45pm)
Next Purpose: HEARING
Next Hearing Date: 25-01-2022
Date: 25-01-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 17-02-2022 for Hrg on Exh. 15
Next Purpose: HEARING
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant present.
Matter is adjd.to 04-03-2022 for hrg on application on
Exh. 15 (2.45pm)
Next Purpose: HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None for plaintiff.
Adv. Arvin Taral for defendant present.
Matter is adjd.to 21-03-2022 for Hearing on Exh. 15.
(2.45pm)
Next Purpose: HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd.to 31-03-2022 for hearing on Exh.15.
Next Purpose: HEARING
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Ramesh Jain for plaintiff present
Adv. Arvin Taral for defendant present.
Matter is adjd.to 22-04-2022 for HrgOn Exh. 15. 11.00 am
Next Purpose: HEARING
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant present.
Matter is adjd.to 18-06-2022 for Hrg on Exh. 15. 11.00 am
Next Purpose: HEARING
Next Hearing Date: 18-06-2022
Date: 18-06-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant present.
Ld. Adv. for plaintiff sought time. O – Granted.
Adjourned to 01-08-2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 01-08-2022
Date: 01-08-2022
Business: None present when called.
Matter is pending for argument on exhibit. Parties have not argued. Application Exh. 15 to proceed further and kept for orders.
Adjd for order on Exh.15 to 05/08/2022
Next Purpose: ORDER
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: Adv. Arvind Taral for defendant present.
Heard arguments of adv. Mr. Arvind Taral for defendant on Exh.15. He tendered citation.
Adjd for order on Exh.15 to 18/08/2022
L. O adv. Ramesh Jain for plaintiff present.
Next Purpose: ORDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant present.
Exh-16 Application for permission to take on record the documents filed. O- Defendant to say.
Adv. for defendant stated that he wants to file reply to this application of plaintiff Exh.16
Adjd for reply of deft to exh.16 to 06/09/2022
Next Purpose: REPLY
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Arvind Taral for defendant present and tendered reply to application filed by plaintiff at Exh.16 t.o.r. and marked as Exh. 17. O- R and R.
Adjd for Hearing on Exh.15 and Exh16 to 03/12/2022
L. O
Adv. Ramesh Jain for plaintiff present.
Next Purpose: HEARING
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 09-01-2023
Date: 09-01-2023
Business: none for plaintiff.
None for defendant.
Party is directed to argue the matter.
Case is adjourned for hearing on Exh.15 and 16 to 02-02-2023.
L.O. at 12.30 pm.
Adv. Ramesh Jain for plaintiff is present.
L.O. at 2.45 pm.
Adv. Arvind Taral for defendant is present.
Next Purpose: HEARING
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: None for plaintiff.
Adv. Arvind Taral for defendant is present.
KB L.O. at 12.26 pm
As plaintiff is absent. Hence, matter is adjourned.
Case is adjourned for hearing to 28-02-2023.
L.O. at 12.59 pm
Adv. Ramesh Jain for plaintiff is present.
Next Purpose: HEARING
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: None for plaintiff.
Adv. Arvind Taral for defendant is present.
Case is adjourned for hearing to 31-03-2023.
Next Purpose: HEARING
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv Mr. Ramesh Jain for plaintiff.
Adv. Arvind Taral for defendant present.
Case is adjourned to 17.04.2023 for arguments.
Next Purpose: HEARING
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None for plaintiff.
Adv. Arvind Taral for defendant is present.
KB L.O. at 3.10 pm
Deft already heard on Exh.15 and 16. Adv for plff is absent. He has no argue on Exh.15 and 16. Hence, application at Exh.15 and 16 posted for order.
Case is adjourned for order on Exh.15 and 16 to 02-05-2023.
Next Purpose: ORDER
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Adv. Arvind Taral for defendant is present.
Both parties submitted that they want to advance argument. Hence, matter adjourned.
Case is adjourned for hearing to 06-06-2023
Next Purpose: HEARING
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Sudha Subhash BrahmaVs Pawan Pandurang Pednekar
All called but absent.
Exh.15 and Exh.16 are pending for arguments.
Parties to expedite.
Matter adjourned to 07.08.2023 for arguments.
Later on at 12.00 Hrs.
Adv. Arvind Taral present for defendant.
Matter adjourned to 07.08.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2023
Date: 07-08-2023
Business: Sudha Subhash Brahma Vs Pawan Pandurang Pednekar
Adv. Shri Ramesh Jain present for plaintiff.
Adv. Arvind Taral present for defendant.
On oral request of both counsels matter adjourned.
Matter adjourned to 04.10.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-10-2023
Date: 04-10-2023
Business: Sudha Subhash Brahma Vs Pawan Pandurang Pednekar
Plaintiff side called, but absent.
Adv. Arvind Taral present for defendant.
He submitted that, the plaintiff is not interested in the trial.
Parties to take steps regarding pending application. Else, put for dismissal order.
Matter adjourned to 14.12.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 14-12-2023
Date: 14-12-2023
Business: Sudha Brahma V/s Pawan Pednekar
Adv. Ramesh Jain present for plaintiff.
Adv. Arvind Taral present for defendant.
Exh.18 - Application for removal of matter from caption of dismissal.
Order - Other side to say.
Defendant has strongly objected on Exh.18.
Case adjourned to 08.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: On 02.01.2024, Court hall is shifted from City Civil Court Building, Fort, Mumbai to Mazgaon Court Building, Mazgaon, Mumbai.
Sudha Brahma V/s Pawan Pednekar
Adv. Ramesh Jain present for plaintiff.
Defendant side called, but absent.
Parties to take steps regarding pending applications.
Suit adjourned to 27.03.2024 for arguments on Exh.15 and Exh.16.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-03-2024
Date: 27-03-2024
Business: Sudha Brahma v/s Pawan Pednekar
Adv. Dilip Rajbhar present for defendant.
Suit adjourned to 10.05.2024 for arguments on Exhibits.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Sudha Brahma V/s Pawan Pednekar
Adv. Ramesh Jain present for plaintiff.
Adv. Arvind Taral present for defendant.
On oral request of defendant, Suit adjourned to 15.07.2024.
Suit adjourned to 15.07.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: Sudha Subhash Brahma Vs Pawan Pandurang Pednekar
Adv. Madhuri Shirke present for plaintiff.
Adv. Arvind Taral present for defendant.
Perusal shows that, on 11.03.2021, my Learned Predecessor has framed Issues. Accordingly, the Suit was adjourned for evidence.
On 02.08.2021, plaintiff filed evidence affidavit of PW1 Sudha Brahma. Plaintiff also filed list at Exh. 11 consisting of 6 documents.
On 10.12.2021, defendant preferred application at Exh. 15 raising objection that, without seeking permission of the Court, the plaintiff has filed new documents. Same should not be admitted.
Till date, plaintiff has not replied Exh. 15.
On 18.08.2022, plaintiff preferred application at Exh. 16 seeking permission to take those documents on record.
Against application at Exh. 16, defendant filed reply Dt. 11.11.2022 (Exh.17) objecting taking the documents on record.
Considering the fact that, both applications have halted the progress of the Suit, they are being decided on the face of record.
Heard Adv. Madhuri Shirke for plaintiff and Adv. Arvind Taral for defendant. Perused record.
Question as, Whether documents are new or subsequently filed, without seeking permission of the Court, can be taken up at the time of examination-in-chief i.e. at the time of exhibiting the documents of plaintiff. At that stage, plaintiff will be at liberty to argue on admissibility and defendant will be at liberty to raise his objections. Accordingly, admissibility of the documents can be decided. Accordingly, following Order is passed
ORDER
Application at Exh. 15 is filed.
Application at Exh. 16 is filed.
Plaintiff to take steps regarding evidence.
Parties to expedite.
Suit adjourned to 26.07.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: Sudha Brahma V/s Pawan Pednekar
Adv. Madhuri Shirke present for plaintiff.
Plaintiff witness absent.
Adv. Bhavika Chabukswar present for defendant.
Plaintiff is seeking oral adjournment to lead evidence.
Not objected by defendant.
Suit adjourned to 21.08.2024 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: Plaintiff Sudha Brahma present.
Her counsel called but absent.
Adv. Bhavika Chabukswar present for defendant.
Suit is pending for further evidence of plaintiff since 02.08.2021.
Parties to expedite.
Suit adjourned to 27.09.2024 for evidence.
Later on at 13.11 Hrs.
Adv. Ramesh Jain present for plaintiff.
Plaintiff Sudha Brahma present.
Plaintiff requested for recording her examination in chief.
Defendant is absent.
Date is already allotted.
Parties to take appropriate steps on regular date.
Suit adjourned to 27.09.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-09-2024
Date: 27-09-2024
Business: Sudha Subhash Brahma Vs Pawan Pandurang Pednekar
Adv. Madhuri Shirke present for plaintiff.
Adv. Bhavika Chabukswar present for defendant.
Plaintiff witness absent.
Parties to take steps.
Suit adjourned to 21.11.2024 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: Sudha Subhash Brahma Vs Pawan Pandurang Pednekar
Adv. Madhuri Shirke present for plaintiff.
Plaintiff witness Sudha Brahma present.
Defendant side called, but absent.
Parties to take appropriate steps by next date.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 20.01.2025 for evidence.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: Matter pertains to Court Room No.31.
Plaintiff Sudha Brahmha present.
His counsel absent.
Adv. Arvind Taral present for defendant.
By consent of both parties Suit is adjourned to 11.02.2025.
Suit adjourned to 11.02.2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2025
Date: 11-02-2025
Business: Adv. Ramesh Jain present for plaintiff.
Adv. Arvind Taral present for defendant.
Exh.19 - Adjournment application filed by plaintiff.
O- Otherside to say.
Overleaf reply filed by defendant stating that, subject to leave on court.
Suit adjourned to 25.03.2025 for steps/ evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: Adv. Ramesh Jain a/w Adv. Madhuri Shirke for plaintiff present.
Plaintiff/Witness Sudha Brahma is present.
O. Oath administered.
Adv. Taral for defendant present.
Exh.20
:
Promissory Note dated 07/06/2018
Exh.21
:
The plaintiff's advocate letter dated 15/02/2019
Exh.22
Closed Envelope
Exh.23
Cheque return memo dated 16-03-2019
Exh.24
Cheque dated 10/01/2019
Exh.25
Cheque return memo dated 16-03-2019.
Exh.26
Cheque dated 14/03/2019
By consent matter stands Adj for cross examination on 30-04-2025 at 2.45 pm.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-04-2025
Date: 30-04-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Arvind Taral for defendant present.
As the Court is busy in dictating judgment matter and argument matters, due to paucity of time, matter stands Adj to 27-06-2025 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Rashmit Patil h/f Adv. Arvind Taral for defendant present.
Plaintiff witness absent.
Both advocates submit that adv. Mr. Taral is unwell so date may be given.
By consent matter stands Adj to 28-07-2025 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-07-2025
Date: 28-07-2025
Business: Adv. Ramesh Jain for plaintiff present.
Plaintiff Sudha Brahma present.
Adv. Rashmit Patil h/f Adv. Arvind Taral for defendant present.
Advocate for plaintiff submit that plaintiff is present in court with original documents and copies of some documents which were already filed on record are to be exhibited. I have gone through record and it reveals that further examination in chief of plaintiff and marking of documents is over in March, 2025, Exh.15 and Exh.16 both applications were filed. Nothing is there on record which could say that plaintiff is permitted to again go for further examination in chief and marking of documents. Advocate for plaintiff submit that he will file necessary application on record on next date. Submission is accepted and time is granted.
Put up case for steps by plaintiff/cross examination of plaintiff.
Matter stands Adj to 14-08-2025 for steps by plaintiff/cross examination of plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-08-2025
Date: 14-08-2025
Business: Adv. Madhuri Shirke for plaintiff present.
Plaintiff absent.
Adv. Rashmit Patil h/f Adv. Arvind Taral for defendant present.
Today matter is posted for steps by plaintiff /cross examination of plaintiff. Advocate for plaintiff submit that plaintiff will tender draft notice of motion on next date. On previous date as well time was sought to do the needful in this regard.
Kept back. Later on at 01.30 pm
Adv. Ramesh Jain for plaintiff present.
Plaintiff Sudha Brahma is present.
Adv. Rashmit Patil h/f Adv. Arvind Taral for defendant present.
Adv for plaintiff filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy served on other side.
Matter stands Adj to 08-10-2025 for reply on NM and tendering registered NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: As Court is busy in administrative work and recording evidence in Com Sum Suit 763/2024. Hence, board from Sr. No.34 to 64 is discharged.
Matter stands Adj to 18-12-2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-12-2025
Date: 18-12-2025
Business: Plaintiff Sudha Brahma present.
Adv. Ramesh Jain present for plaintiff.
Adv. Rashmitt. M. Patil h/f Adv. Arvind Taral present for defendant.
Advocate for the plaintiff tendered the registered Notice of Motion No.5100/2025 along with affidavit in support. TOR
Exh.27. Adv. for defendant filed reply to NM.
Copy is served to other side.
Matter stands Adj to 02.02.2026 for NM Argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 02-02-2026
Date: 02-02-2026
Business: Adv. Madhuri Shirke for plaintiff present.
Adv. Arvind Taral for defendant present.
Kept back for NM argument. Later on at 01.46 pm.
Adv. Ramesh Jain for plaintiff present.
Adv. Arvind Taral for defendant present.
Argument of Ld. Advocate for plaintiff and Ld. Advocate for defendant heard on NM No.5100/2025.
Kept back for order.
Order on Notice of Motion No.5100/2025
Plaintiff moved this notice of motion with a prayer to condone delay caused in filing this notice of motion for leave to file original documents on record which are mentioned in para No.7 of the plaint. Defendant filed detail reply affidavit at Exh.27. I have heard both Ld. Advocates. Ld. Advocate for plaintiff submit that plaintiff filed evidence affidavit and on that basis documents Exh.20 to 26 were exhibited. Plaintiff filed copy of money lending license, forms under Bombay Money Lending Act, book of account below Exh.11. However, during further examination in chief original were not produced so copies of these documents were not exhibited. Hence, he prayed for permission to file original documents on record.
Per contra, Ld. Advocate for defendant strongly objected present notice of motion on ground that plaintiff filed evidence affidavit on 02.08.2021 and after long lapse of time present notice of motion is moved. In fact plaintiff should have filed original documents on record along with the plaint. There is no reason assigned by plaintiff for not filing original documents at earlier point of time.
Considering rival submissions, I have gone through record and proceeding. Present is a suit filed by plaintiff to recover an amount of Rs.4,01,435.61/-. Plaintiff filed evidence affidavit on 02.08.2021 and on 25.03.2025 further examination in chief was recorded. At that time 7 documents were exhibited but original money lending license, forms under Bombay Money Lending Act and books of account were not produced. For that reason photocopies on record were not exhibited. Record no where reveal that plaintiff sought time to produce these documents on record.
Para No.7 of the plaint is a two sentence paragraph. It says “plaintiff has complied with the formalities as requires under the Money Lending Act and plaintiff shall refer to and rely upon the record in respect thereof”. Said paragraph doesn’t speak anything about the original documents which plaintiff not filed earlier. Record no where reveal any reasonable caused which prevented plaintiff from filing these original documents on record. After a long time i.e. almost after six years plaintiff moved this Notice of Motion only because defendant raised objection in this regard. This a Commercial Suit. So plaintiff ought to have filed all these documents along with plaint only. Even plaintiff failed to file these documents on record along with evidence affidavit. Thus, grounds are not satisfactory. Hence, following order is passed.
ORDER
1. Notice of Motion No.5100 of 2025 is dismissed.
2. Notice of Motion No.5100 of 2025 is disposed off and it shall form part of Main Suit.
Matter stands Adj to 10-03-2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Sankita Chandanshive i/b Adv. Arvind Taral for defendant present.
Notice of Motion 5100/2025 was turned down on previous date. Ld. Advocate for plaintiff submit that PW-1 is not available, so time may be granted for cross examination.
Submission is accepted and time is granted.
Matter stands Adj to 13-04-2026 for cross examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-04-2026
Date: 13-04-2026
Business: None present for plaintiff.
Adv. Arvind Taral for defendant present.
On 02.02.2026 this court turned down notice of motion 5100/2025 before passing of that order evidence affidavit of PW-1 was filed and further examination in chief was recorded by the then Presiding Officer. Today matter is posted for cross examination of PW-1. As none appeared on behalf of plaintiff. Hence, put up suit for dismissal order.
Matter stands Adj to 12-06-2026 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 12-06-2026
Date: 12-06-2026
Business: Adv. Madhuri Shirke for plaintiff is present and filed application to remove the caption of dismissal. TOR and marked as Exh.28.
O- Caption of dismissal removed subject to plaintiff filing appropriate documents showing challenged to the order passed in NM No.5100/2025 by next date.
Adv. Arvind Taral for defendant is present.
Matter stands Adj to 30-06-2026 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-06-2026
Date: 30-06-2026
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Sankita Chandanshive i/b Adv. Arvind Taral for defendant present.
Matter stands Adj to 30-07-2026 for filing evidence affidavit.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2026
Date: 30-07-2026
Business: None for plaintiff.
Adv. Sankita Chandanshive i/b adv. Arving Taral present for defendant.
Kept back.
Later on 2.45 pm.
Plaintiff present.
Adv. Ramesh Jain for plaintiff present and submitted that the matter was kept at 2.45 was cross examination.
O- On going trhough the roznama on last date, it reaveals that matter was posted in the morning session and not at 2.45 pm. However, cosedering the plaintiff is present for cross examination and already Adv. Chandanshive for defendant was present in the morning session, hence, matter is adjourned
Matter stands Adj to 20-08-2026 at 2.45 pm for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-08-2026
Date: 20-08-2026
Business: Matter is at 02.45 pm
Adv. Madhuri Shirke for plaintiff present and orally requested for time as plaintiff is unable to come as not feeling well. She submitted he has inform to other side about the same.
O- Time granted.
Matter stands Adj to 06-10-2026 for cross examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2026