Date: 21-01-2020
Business: Adv. Pooja Narvekar i/b Adv. Ashok Saraogi for plaintiff is present.
Exh.2 - Advocate for plaintiff filed original Writ of Summons served to defendants. TOR.
Adv. Ruturaj Joshi for defendant No.1 to 3 is present.
Exh.3 - Vakalatnama filed by Adv.Ruturaj Rajendra Joshi for defendant No.1 to 3. TOR.
Adjourned to 07.02.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv. S. Srivastav i/b Adv. Ashok Saraogi for plaintiff is present.
Defendant No.1 is present.
Adv. Ruturaj Joshi for defendant No.1 to 3 is present.
Ld. Adv. for defendant submits that they took inspection of documents yesterday therefore require time to file written statement.
Adjourned to 18.02.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Ankit Agarwal for plaintiff is present.
Adv. Paresh Madkaikar a/w Adv. Ruturaj Joshi for defendants present and submits that draft written statement is ready only it is to be finalised, hence on the request of advocate for defendants, adjourned to 25.02.2020 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-02-2020
Date: 25-02-2020
Business: Plaintiff is present.
Adv. Neha Pandey for plaintiff is present.
Defendant No.1 is present.
Adv. Paresh Madkaikar for defendant No.1 to 3 is present and filed Written Statement. TOR and marked as Exh.4.
Copy served to other side.
Parties to tender draft issues.
Adjourned to 04.03.2020 for Draft Issue.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Adv. Neha Pandey for plaintiff is present and filed draft issue. TOR.
Adv. Ruturaj Joshi for defendant is present and seeks time to file draft issue.
Copy served to other side.
At the request of advocate for defendant, adjourned to 12.03.2020 for draft issue of defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Plaintiff is present.
Adv. Shrivastav h/f Adv. Ashok Saraogi for plaintiff is present.
Defendant is present.
Adv. Ruturaj Joshi for defendants is present and filed draft issue.
Adjourned to 18.03.2020 for Framing Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Advocate for plaintiff is present.
None for defts.
Adjourned for framing of issues to 9.4.2020
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 10-07-2020
Date: 10-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Business: National Lockdown
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-10-2020
Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Business: Court is on leave.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-12-2020
Date: 04-12-2020
Business: Advocate Ravindra Singh for plaintiff present and requested short adjournment. Request is allowed.
None present for defendants.
Adjourned for hearing on case management on 05.01.2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Jay Yadav for plaintiff present.
None for defendant.
Issues are framed at Exh.5
Matter is adjd.to 19-01-2021 for R/E .
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. Neha Pande for plaintiff, prayed for adjournment to submit schedule of hearing.
None for defendant
Matter is adjd.to 04-02-2021 for case management and
hearing.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Pooja Narvekar for plaintiff present.
Adv. Paresh Madakaikar for defendant is present.
Exh.6 - evidence affidavit of PW -1 - Ramesh Thakur
Exh.7 - List of documents.
Heard both side, perused objection of defendant,
In view of evidence of PW -1 , following documents are
marked -
Exh.8 - Original Agreement dtd. 16/04/2016.
Exh.9 - Original Cheque dtd. 25/12/2017.
Exh.10 - Office copy of Notice dtd. 23/03/2019.
Exh. 11 - Original Postal Receipt.
Exh. 12 - Original acknowledgment.
Matter is adjd.to 12-02-2021 for R/E (cross
examination of PW - 1)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv. Ms. Sana Khan for plaintiff present.
Adv. Mr. Madkaikar for defendant present.
Plff and Deft nos. 1 to 3 are present.
Cross-examination by adv. Mr. Madkaikar for deft.
Exh.13-Evidence close pursis filed by adv. Ms. Khan for plff.
Matter is adjd.to 16.02.2021 for R/E (P.H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Ms. Sana Khan for plaintiff present.
None for defendant.
Matter is adjd.to 23.02.2021 for R/E(P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-02-2021
Date: 23-02-2021
Business: Adv. Ms. Sana Khan for plaintiff present.
Adv. Mr. Ruturaj Jashi for defendant, prayed for adjd. r/o. 06.03.2021.
Plff and deft. are present.
Deft. to note suit is part-heard. Deft to file list of witness and affidavit of all witnesses on 06.03.2021.
Matter is adjd.to 06.03.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-03-2021
Date: 06-03-2021
Business: Adv. Ms. Neha Pandey for plaintiff present.
Adv. Mr. Ruturaj Joshi for defendant present.
Deft nos. 1 to 3 are present.
Exh.14- List of witness.
Exh.15- Affidavit of evidence DW-1 Yogesh Patil.
Exh.16- List of documents.
In view of evidence of DW-1, following documents are marked.
Exh.17- Original Bill no.8 dtd. 17.10.2019 issued by Mr. Haresh Patil.
Exh.18- Original Bill no.9 dtd. 17.10.2019 issued by Mr. Haresh Patil.
Exh.19- Original Tenancy Agreement dtd. 04.12.2013.
With consent and convenience of both side, case management hearing/ Scheduled is fixed as follows.
a) Evidence affidavit of remaining witnesses to be filed by deft. within a week from today.
b) Cross-examination to be conducted by ld adv. for plff. in a week of 15.03.2021.
c) Argument to be conducted in a week of 22.03.2021
d) Judgment to be delivered within a week from completion of argument.
Matter is adjd.to 09.03.2021 for R/E at 3.30 p.m.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-03-2021
Date: 09-03-2021
Business: Adv. Neha Pande for plaintiff submits that Adv. Sarogi is busy before the Hon\''ble High Court, prayed for adjournment r/o 17.03.2021.
DW No. 1 Yogesh Vasudev Patil is present.
Adv. Paresh Madkaikar for defendant present.
Matter is adjd.to 17.03.2021 for R/E(PH).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: Adv. Ms. Neha Pandey for plaintiff, prayed for adjd as Adv. Mr. Sarogi is before High Court.
Adv. Mr. Ruturaj Joshi a/w adv. Mr. Madakaikar for defendant, raised strong objection as witness is present, it was also adjourned on last date to accommodate ld adv. for plff. It is prayed for cost as witness is Govt. Servant and he has availed a leave.
Adv. Ms. Pandey for plff, submits to adjourn the matter subject to cost of Rs. 500/- be paid to witness on next date.
Next date 22.03.2021 is granted as prayed by adv. Ms. Neha Pandey for plff.
Matter is adjd.to 22.03.2021 for R/E (P.H.) at 12.00
noon.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-03-2021
Date: 22-03-2021
Business: Adv.Ms. Neha Pandey a/w adv. Sarogi for plaintiff present.
Mr. Ruturaj Joshi a/w Adv. Madkaikar for deft. present.
Plff and deft are present.
Adv. Mr. Madkaikar for deft., requested to exhibit documents are sr. no. 3 and 4 vide Exh.16. It is objected by ld adv. Mr. Sarogi for plff. as both documents are photocopy and deft may lead secondary evidence.
Cost is paid to be witness in view of last roznama.
Cross-examination is DW-1 Yogesh Patil conducted by adv. Mr. Sarogi for plff.
Matter is adjd.to 31.03.2021 for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Neha Pandey for plaintiff present.
Adv. Joshi for defendant.
Exh.22 - DW 2 Mr. Melvin Dominic Kinny
Exh.23 - DW 3 Mr. Ravindra Dattaram Mandavkar.
Exh.24 - DW 4 Mr. Haresh Vasant Patil.
(Copy of Exh.22 to 24 served on plff.).
Matter is adjd.to 23.04.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 11.06.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 24-06-2021 for R/E P.H.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Adv. Narvekar for plaintiff present.
None present for defendant.
Matter is adjd.to 12.07.2021 for R/E (P.H.).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 17.08.2021 for R.E.(P/H).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Business: Adv. Ravindra Singh for plaintiff present.
Adv. Paresh Madkekar for defendants present.
Defendant No. 1 present.
Matter is adjd. to 17-09-2021 for cross examination of
DW-2 to 4.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Plaintiff present.
Adv. Neha Patil for plaintiff present.
Adv. Laxmikant Patil for defendant present
The defendant is directed to keep DW – 2 present for cross-examination on the next date of hearing and Adv. for the plaintiff is directed to conduct cross-examination with consent of both sides, matter is kept on 01-10-2021 (12.30 pm).
Matter is adjd.to 01-10-2021 for R/E cross
examination of DW – 2 (12.30 pm).
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-10-2021
Date: 01-10-2021
Business: Adv. Neha Pande @ Adv. Saraogi along with plaintiff present.
Adv. for defendant present.
Exh. 22- DW – 2 Melvin Dominic Kinny
Chief-Examination by Advocate Paresh Madkaikar for defendants commence and completed.
Cross-Examination by Advocate Ashok Sarogi for plaintiff commence and completed.
Re-examination – Nil
Exh. 23 – DW – 3 Ravindra Dattaram Mandavkar
Chief-Examination by Advocate Paresh Madkaikar for defendants commence and completed.
Cross-Examination by Advocate Ashok Sarogi for plaintiff commence and completed.
Re-examination – Nil
Exh. 24 – DW – 4 - Haresh Vasant Patil
Chief-Examination by Advocate Paresh Madkaikar for defendants commence and completed.
Cross-Examination by Advocate Ashok Sarogi for plaintiff commence and completed.
Re -Examination by Advocate Paresh Madkaikar for defendants commence and completed.
Re Cross-Examination by Advocate Ashok Sarogi for plaintiff on the point of evidence of witness in re-examination commence and completed.
Re-examination – Nil.
Exh.25 - Evidence close pursis.
Matter is adjd.to 27-10-2021 for final argument. (2.45pm)
Next Purpose: ARGUMENTS
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Riddhi Seth plaintiff present and submitted that advocate on record is not available for argument. She prayed for short adjournment - short date be given.
Defendant present.
Matter is adjd.to 08-11 -2021 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: Adv. Mayur Parwani h/f Ashok Sarogi for plaintiff present.
None for defendant.
Kb (12.00 noon)
Adv. Neha Pande h/f Ashok Sarogi for plaintiff present and submitted that she is going to file written notes of argument and she prayed for short adjournment for that purpose.
Defts no. 1 and 3 present.
Adv. Madkaikar for defendants present and submitted that he is ready to argue the matter and he would give reply after written notes of argument are filed by the plaintiff.
With consent of both sides, heard argument of Adv. Madkaikar for defendants.
Matter is adjd.to 16-11-2021 for written argument of
plaintiff
Next Purpose: ARGUMENTS
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Plaintiff in person present.
Adv. Mohd. Tamash h/f Adv. Ashok Saraogi for plaintiff present and filed written submission t.o.r. and marked as Exh. 26
Defendant no. 1 in person present.
Copy of Exh. 26 is given to Defendant no. 1.
Adv. Madkaikar for defendants present and made reply argument.
Matter is adjd.to 22-11-2021 for Judgment (4.00 pm)
Next Purpose: JUDGMENT
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Riddhi Seth alongwith plaintiff Ramesh present.
Adv. Redekar and Adv. Madkaikar alongwith defendants Yogesh and Latika present.
Exh. 27 – Judgment pronounced in open Court.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 255/2019 is dismissed.
2. Both sides shall bear their own costs.
3. Decree be drawn up accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 22-11-2021