Date: 13-01-2020
Date: 04-02-2020
Business: Adv. Puja Rathod for plaintiff present.
Adv. Tiwari for deft. present.
Vakalatnama filed on behalf of deft. by adv. Tiwari.
O. - Seen and filed.
Ld. counsel for deft. seeks time to file W/S. Granted.
The matter is adjd for W/S to 18.02.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Puja Rathod for plaintiff present.
Adv. Tiwari for deft. present.
Original writ of summons tendered by plaintiff. T.O.R.
Written statement filed by defendants.
O. - Read and recorded.
The matter is adjd for verification of W/S and inspection of documents to 04.03.2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Pooja Rathod for plaintiff present.
Adv. P.S. Tiwari for deft. present.
On verification of W/S, the deft. has put up the defence as per order 8 rule 3(a) of C.P.C. for the trial.
K.B.
L.O.
Issues framed.
The matter is adjd for time management hearing to 24.03.2020.
Next Purpose: HEARING
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Next Purpose: HEARING
Next Hearing Date: 01-07-2020
Date: 01-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 18-07-2020
Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 04.11.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on case management to 09.12.2020.
Judge
Next Purpose: HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 15-01-2021
Date: 15-01-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Sonal Devrulkar for plaintiff , prayed for short adjournment to file list of witnesses.
Adv. P. S. Tiwari for defendant, requested for instruction from client to file list of witnesses.
Matter is adjd.to 11-02-2021 for list of witnesses and
case management hrg.
Next Purpose: HEARING
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Ms. Ankita Pathare for plaintiff present.
Adv. Mr. P.S. Tiwari for defendant present.
Exh.8- Testimony of PW-1 Mr. Babulal Mundra.
Exh.9- List of documents. Copy is suplied to deft.
In view of testimony of PW-1 documents marked as
follows.
Exh.10- Bill of exchange dtd. 19.07.2011.
Exh.11- Loan agreement dtd. 19.07.2011.
Exh.12- Statement of appropriation of payments.
Exh.13- Office copy of demand notice dtd. 10.05.2019.
Exh.14- Two postal receipts dtd. 10.05.2019.
Exh.15- Two returned packets.
Adv. Mr. Tiwari for deft. requested to fix the matter on
26.02.2021 to conduct cross-examination as he intend to
examine to PW -1 in presence of deft. nos. 1 and 2. He
submits that Deft. no. 1 Akshay is suffering from Diabetes
and it is instructed by deft no. 1 hearing that shall not be
recorded in his absence.
Hence it is prayed to fix the matter r/o. 26.02.2021. On
26.02.2021 deft will file list of witness.
Adv. Ms. Pathare for plff submit that plff. will examine
only 1 witness i.e. PW-1. It is objected for longer date.
Adjd. is granted as prayed r/o 26.02.2021. Deft to
complete to cross-examination and submit list of witness
with affidavit of witnesses.
Matter is adjd.to 26.02.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv. Mr. Anil Agarwal for plaintiff present.
Adv. Mr. Tiwari for defendant present.
PW-1 Mr. Babulal Mundra is present- One para of cross-examination conducted by Adv. Mr. Tiwari, prayed for adjd.
Matter is adjd.to 09.03.2021 for R/E (P.H.)- cross-
examination.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: PW No. 1 Mr. Babulal is present.
Adv. Ankita Pathare with Anil Agarwal for plaintiff present.
Adv. P. S. Tiwari for defendant present and tendered draft Ch/s along with affidavit. Leave is granted to register Ch/s.
Adv. Tiwari submits that first Ch/s be decided, then he will conduct cross examination of PW no. 1.
Adv. Agarwal submits that he will endorse his reply on Ch/s and argue on it.
kb.
L.o. at 3.15 p.m. Heard argument of both side on draft Ch/s.
Matter is adjd.to 12.03.2021 for order on Ch/s.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-03-2021
Date: 12-03-2021
Business: Adv. Ms. Ankita Pathare for plaintiff present.
Adv. Mr. Tiwari for defendant present.
Ch/s appears to be register but not delivered by the deft. hence, adjd for order.
Matter is adjd.to 18.03.2021 for Ch/s order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Ms. Ankita Pathare for plaintiff present.
Adv. Mr. P.S. Tiwari for defendant, tendered registered Ch/s no. 552/21.
F.R.S.R the following order is passed on Ch/s no. 552/21.
ORDER
1. Chamber Summons no. 552/21 is allowed, subject to cost of Rs. 1,000/- (Rupees One Thousand Only) be paid to plaintiff within a week.
2. Defendant to carry out the amendment in written statement within a week.
3. Suit is part heard, both side to expedite hearing. Deft to submit list of witness.
4. Ch/s no. 552/21 is disposed off accordingly.
Matter is adjd.to 25.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Ms. Sonal Deulkar for plaintiff present.
Adv. Mr P.S. Tiwari for defendant, submits that cost is paid to the plff. and carried out amendment as per order dtd. 18.03.2021. Deft has tendered draft NM- Leave is granted for registration.
Matter is adjd.to 08.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for plaintiff.
Adv. Reshmi Parab h/f P.S.Tiwari for defendant, tendered registered NM no.1081/2021 alongwith affidavit in support.
Matter is adjd.to 26.04.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-06-2021
Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None for plaintiff.
Adv. P. S. Tiwari for defendant present.
Matter is adjd.to 29-09-2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None for plaintiff.
Adv. P. S. Tripathi for defendant present.
Matter is adjd.to 27-10 -2021 for NM Reply (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: None for plaintiff.
Adv. P. S. Tripathi for defendants present.
Matter is adjd.to 18-11-2021 for affidavit service.
(2.45pm)
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None for plaintiff.
Adv. P. S. Tiwari for defendant present and filed affidavit of service in respect of NM No. 1081/21 t.o.r. and marked as Exh. 16
As the plaintiff did not file affidavit in reply after collecting copy of NM on 25/03/21, NM No. 1081/21 is kept for hearing without reply of the plaintiff.
Matter is adjd.to 01-12-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv. Anil Agarwal a/w Richa Tambe for plaintiff present and filed vakaltnama t.o.r. and marked as Exh.8.
She also filed affidavit in reply to NM No. 1081/21 t.o.r.
Adv. P. S. Tiwari for defendant present and received copy of affidavit in reply to NM No. 1081/21.
Heard both sides on NM No. 1081/21.
Matter is adjd.to 06-12-2021 for NM Order. (4.00pm)
Next Purpose: NM ORDERS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: Adv. Richa Tmbe for plaintiff present.
None for defendant
F.R.S.R. following order is passed -
ORDER
1. Notice of Motion No. 1081/2021 in Commercial Suit No. 246/2019 is dismissed.
2. Notice of Motion No. 1081/2021 in Commercial Suit No. 246/2019 disposed off accordingly.
Matter is adjd.to15-01-2022for case management hrg.
Next Purpose: HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: None for plaintiff.
Adv. P. S. Tiwari for defendant present.
Matter is adjd.to 17-02-2022 for case mangmnt hrg.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv. Pradosh Patil for plaintiff present.
Adv. P. S. Tiwari for defendant present.
Heard both sides on the point of case management hearing.
Schedule of trial determined after case management hearing – Exh.18
Matter is adjd.to 16-03-2022 for cross examination of PW
– 1 , filing list of witnesses by both sides and for filing
evidence affidavits of all witnesses by the plaintiff .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Kharawala for plaintiff along with witness Babulal present.
Adv. P. S. Tiwari for defendant present and prayed for adjournment due to his own ill health. He submitted that she is feeling Nausea and omitting. -
Considering the ill health of Adv. P. S. Tiwari, matter is adjourned.
Matter is adjd.to 07-04-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. Kharawala alongwith plaintiff present.
Adv. P. S. Tiwari alongwith defendant no. 1 present.
Cross Examination of PW - 1 Babulal Manikchand Mundra. (Exh. 8) by Advocate Mr. P. S. Tiwari for Defendants resumed after administering oath to the witness.
On request of Adv. P. S. Tiwari for Defendants, cross examination is deferred till next date.
Matter is adjd.to 26-04-2022 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. Richa Tambe a/w Adv. Kezer Kharawala alongwith plaintiff Babulal present and filed list of documents t.o.r. and marked as Exh. 19
Adv. Reshmi Parab h/f Adv. P. S. Tiwari for defendant present and received copy of Exh. 19.
Cross Examination of PW - 1 Babulal Manikchand Mundra. (Exh. 8) by Advocate Mr. P. S. Tiwari for Defendants resumed after administering oath to the witness.
Xerox copy of consent term at page no. 13 and 14 in list of documents Exh. 19 is marked as Exh. 20
On request of Adv. P. S. Tiwari for Defendants, cross examination is deferred till next date.
Matter is adjd.to 07-06-2022 for R/E P.H. 11.30 am.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Kezer Kharawala for plaintiff present.
Adv. P. S. Tiwari for defendant present.
Witness Babulal M. Mundra present.
Further cross-examination of PW-1 resumed on Solemn affirmation and partly recorded.
(On request of Adv. P. S. Tiwari for Defendants, cross examination is deferred till next date.)
Exh-21 copy of complaint No. CC No. 1566/2018
Adjd for recording evidence part heard to 22/06/2022 at 11 am
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: Plaintiff present.
Adv. Kharwala for plaintiff present.
Adv. P. S. Tiwari for defendant present. Defendant present.
Further cross-examination of PW-1 on solemn affirmation by adv. P. S. Tiwari for defendant commenced and concluded.
Exh-22 Evidence closing pursis filed by adv. for plaintiff.
Adjd for evidence of defendant to 02/08/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Date: 08-08-2022
Business: Adv. Kharwala for plaintiff present.
Adv. P. S. Tiwari for defendant present and sought adjournment to file documents.
Defendant absent.
Adv. for plaintiff submitted that he is ready to conduct cross examination.
Adjd for evidence PH to 18/08/2022
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Kharawala for plaintiff present. Plaintiff absent
Adv. P. S. Tiwari for defendant present.
Witness of defendant DW-1 Akshay Balkrishna Gupta present.
Cross-examination of DW-1 Akshay Balkrishna Gupta on solemn affirmation by adv. Kharawala for plaintiff commenced and concluded.
Exh-24 Evidence closing pursis filed by adv. for defendant. O- R and R.
Adjd for final arguments to 13/09/2022 at 3pm
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2022
Date: 13-09-2022
Business: Court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Reshmi Parab i/b Adv. P. S. Tiwari for defendant present.
Adv. Kazer Kharawala for plaintiff present.
Adjd for arguments to 17/10/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. Nidhi Shetty i/b Adv. Kharawal for plaintiff present and stated that senior counsel is on the way.
Adv. Reshmi Parab along with adv. P. S. Tiwari for defendant present. defendant present.
Adv. for Defendant submitted that date be given.
Adjd for arguments to 10/11/2022
Next Purpose: ARGUMENTS
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. P. S. Tiwari for defendant present.
Defendant present.
Adv. Kharwala for plaintiff present at 1.30 pm
Adjd for arguments to 23/11/2022 in morning session
Next Purpose: ARGUMENTS
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Ankita Mohite for plaintiff present.
Adv. P. S. Tiwari for defendant present and sought time to argue. Granted.
Adjd for arguments to 05/12/2022 at 12 noon
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2022
Date: 05-12-2022
Business: court is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Kharawala for plaintiff present
Adv. Reshmi Parab for defendant present.
Defendant in person present
Court is busy in passing order in Commercial Suit no.29/19, Commercial Summary Suit 09/19 and Commercial Summary Suit 260/22.
Adjd for arguments on 11.01.2023 at 4.00 pm
Next Purpose: ARGUMENTS
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: None for plaintiff.
Adv. P.S. Tiwari for defendant is present.
As plaintiff is absent, hence matter is adjourned.
Case is adjourned for argument to 30-01-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: P.O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-02-2023
Date: 14-02-2023
Business: Court on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 28-02-2023
Date: 28-02-2023
Business: Adv.Kharawala for plaintiff is present.
Adv. P.S. Tiwari for defendant is present.
By consent, case is adjourned for argument to 31-03-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2023
Date: 21-03-2023
Business: Adv. Kharawala for plaintiff present.
Adv. P S Tiwari for defendant defendant present.
By consent of both parties matter adjourned.
Case is adjourned to 31.03.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. Kharawala for plaintiff present.
Defendant present.
Kb
Later on at 12.15 pm
Adv Mr. P. S. Tiwari for plaintiff present.
Both parties submitted that settlement talks are going on and sought time.
Case is adjourned to 27.04.2023 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Plaintiff is present.
Adv. Ankita Mohite for plaintiff is present.
None for defendant.
KB LO at 11.36 am
Adv for plaintiff is present.
Adv. P.S. Tiwari for defendant is present.
By consent, case is adjourned for argument to 05-06-2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-06-2023
Date: 05-06-2023
Business: Adv. Kaizar Kharawala present with plaintiff Babulal.
Adv. P. S. Tiwari present with defendant Akshay.
Both submitted that settlement talks have failed.
Matter adjourned to 19.06.2023 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Babulal Manikchand Mundra Vs Akshay J. Gupta
Adv. Kaizar Kharawala present with plaintiff.
Exh.25 -Written argument filed by plaintiff.
Exh.26- Citation filed by plaintiff.
Later on at 12.30 Hrs
Exh.26- Not pressed by plaintiff.
Adv. Prakash S. Tiwari present for defendant.
Defendant Akshay Gupta present.
Element of settlement.
Matter adjourned to 07.07.2023 for Mediation.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: Babulal Manikchand Mundra Vs Akshay J. Gupta
Adv. Mariya present for plaintiff.
Adv. P. S. Tiwari present with defendant.
Matter adjourned to18.09.2023 for Mediation report..
Next Purpose: MEDIATION REPORT
Next Hearing Date: 18-09-2023
Date: 18-09-2023
Business: Babulal Manikchand Mundra Vs Akshay J. Gupta
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
Adv. Prodosh Patil present for plaintiff.
Adv. Monoj Tiwari present for defendant.
Exh.27 Report dated 17.08.2023 by judge mediation, stating that the medication has failed.
Matter adjourned to 25.10.2023 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: Babulal Mundra V/s Akshay Gupta
Adv. Pradosh Patil present for plaintiff.
Adv. P. S. Tiwari present for defendant.
Defendant Aksahy Gupta present.
Plaintiff is seeking oral adjournment on the ground of settlement.
Defendant submitted that, they are ready for arguments.
On oral request of both counsel matter adjourned to 07.12.2023.
Case adjourned to 07.12.2023 for steps / arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: Babulal Manikchand Mundra Vs Akshay J. Gupta
Adv. P. S. Tiwari present for plaintiff.
Adv. Kaizar Kharawala present for Defendant.
Defendant Akshay Gupta present.
Case is pending for final arguments.
Plaintiff has already filed written arguments on 19.06.2023. Thereafter, suit was subjected for mediation.
As per report at Exh.27, dt.18.08.2023, mediation failed.
Today plaintiff submitted that he is ready for arguments.
Defendant submitted that he want to attempt settlement in the pending Criminal Appeals. Those Appeals are posted on 29.01.2024 before Court Room no.37. Hence, this suit should also be adjourned after 29.01.2024.
Defendant filed application at Exh.28 to that effect.
Adjournment is opposed by the plaintiff.
Subsequently, defendant submitted that he is ready for argument and will file written argument on next date.
He also submits that he was not press the application at Exh.28.
Case adjourned to 02.01.2024 for filing of written arguments by defendant and oral argument of both sides at 12.00 hrs.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-01-2024
Date: 02-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon.
Babulal Mundra V/s Akshay Gupta
Adv. Ankita Mohite present for plaintiff.
Defendant Akshay Gupta present.
Later on at 11.55 Hrs.
Adv. Kezer Kharawala present for plaintiff.
Defendant Akshay Gupta submitted that, there is death in family of his lawyer. Hence, the arguments be adjourned for 20.01.2024.
Plaintiff submitted for suitable order.
Suit adjourned for written arguments of defendant
Case adjourned to 20.01.2024 at 11.00 hrs for written arguments of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Babulal Mundra V/s Akshay Gupta
Adv. Kezar Kharawala and Adv. P. S. Patil present with plaintiff Babulal Mundra.
Adv. P. S. Tiwari present with defendant Akshay Gupta.
Exh.29 - Written notes of arguments filed by defendant.
Plaintiff completed his oral arguments.
Defendant partly completed his oral arguments.
Exh.30 - Adjournment application filed by defendant seeking next as 03.02.2024 for remaining oral arguments
Objected by plaintiff.
Heard both counsels.
Lawyers are intensely involved in litigation.
Both lawyers have already filed written arguments.
Last opportunity is granted to defendant to conclude the oral arguments on next date.
Case adjourned to 03.02.2024 for defense arguments.
Plaintiff counsels submitted that, allotment of date as 03.02.2024 is not fair and he will not remain present.
Both counsel are intensely involved in litigation. Both are making difficult for the Court to fix the date for final arguments. In fact both ought to have cooperated each other on this technical aspect of next date.
Both counsels now submitted that, Suit should be kept on 05.02.2024 at 14.45 Hrs. for final arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2024
Date: 05-02-2024
Business: Babulal Mundra V/s Akshay Gupta
Adv. Kezer Kharawala present with plaintiff Babulal.
Adv. P. S. Tiwari present with defendant No.1 Akshay.
Plaintiff has filed written arguments on 19.06.2023 .
Defendant has filed written arguments on 20.01.2024.
Defendant submitted that, he requires 1 hrs for oral arguments.
Both sides are informed that, each should complete their oral arguments within 30 min each.
Suit adjourned to 14.02.2024 at 13.00 hrs for oral arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-02-2024
Date: 14-02-2024
Business: Babulal Mundra V/s Akshay Gupta
Adv. Kezer Kharawala and Adv. Ankita Mohite present with plaintiff Babulal Mundra.
Heard Adv. P. S. Tiwari for defendant Akshay Gupta.
Exh.31- Pursis filed by plaintiff regarding evidence of defendant.
Defendant is seeking time to file detailed reply to pursis.
On oral request of both counsels, Suit adjourned to 21.02.2024
Suit adjourned to 21.02.2024 at 15.00 hrs for reply to Exh.31.
Next Purpose: REPLY
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Babulal Mundra V/s Akshay Gupta
Adv. Ankita Mohite present for plaintiff.
Adv. P. S. Tiwari present with defendant Akshay Gupta.
Exh.32 - Reply filed by defendant to Exh.31.
Exh.33 - List of citations filed by defendant on 14.02.2024 (Exhibit marked today).
Case adjourned to 04.03.2024 at 12.00 hrs for hearing on Exh.31.
Next Purpose: HEARING
Next Hearing Date: 04-03-2024
Date: 04-03-2024
Business: Babulal Mundra V/s Akshay Gupta
Adv. Kezer Kharawala present for plaintiff.
Adv. P. S. Tiwari present for defendant.
Both sides concluded final arguments.
Exh.34 - Further Written Arguments filed by plaintiff.
Defendant prayed for time for filing further Written Arguments.
Not objected by plaintiff.
Suit adjourned to 15.03.2024 for further Written arguments of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-03-2024
Date: 15-03-2024
Business: Babulal Mundra v/s Akshay Gupta
Plaintiff side called, but absent.
Defendant Akshay Gupta present. His counsel absent.
Later on at 12.47 Hrs.
Adv. Anu Naik present with defendant Aksahy Gupta present.
Plaintiff side called, but absent.
She is seeking oral adjourned for arguments.
Suit adjourned to 21.03.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-03-2024
Date: 21-03-2024
Business: Babulal Mundra v/s Akshay Gupta
Adv. Ankita Mohite present for plaintiff.
Defendant side called, but absent.
Suit is kept back.
Later on at 13.06 Hrs.
Adv. Ankita Mohite present for plaintiff.
Adv. P. S. Tiwari present with defendant Akshay Gupta.
Exh.35 - Additional written arguments filed by defendant.
Both sides submitted that, they have concluded arguments.
Suit adjourned to 10.04.2024 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 10-04-2024
Date: 10-04-2024
Business: Babulal Manikchand Mundra Vs Akshay J. Gupta
Plaintiff Babulal Mundra present. His counsel absent.
Defendant Akshay Gupta present. His counsel absent.
Court busy in dictating order in NM No. 2777 /2023, Draft NM in CSS No.467 / 2022 and Draft NM in CSS No. 183 / 2023, NM No. 827 / 2024.
Paucity of time with Court.
Suit adjourned to 26.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: Sanjay Rathod V/s Govt. of India
All called, but absent.
Court busy in dictating order in NM No. 4906 / 2023, NM No. 1436 / 2024 and NM No. 3671 / 2022.
Suit adjourned to 30.04.2024 for Judgement.
Next Purpose: JUDGMENT
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: Babulal Mundra V/s Akshay Gupta
All called, but absent.
Later on at 12.08 Hrs.
Adv. Sanjay Sao present for plaintiff.
FRSR following order is passed -
ORDER
1. Commercial Suit No. 100246 / 2019, Babulal Manikchand Mundra Vs Akshay J. Gupta, is dismissed, with costs.
2. Decree be drawn up accordingly.
3. Judgment pronounced in Open Court.
4. Plaintiff be informed about his right to challenge this Judgment and period of limitation, for the same.
5. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: DISMISSED
Disposal Date: 30-04-2024