Date: 21-01-2020
Business: Com. SU -256/19
None for plaintiff.
None for defendants.
KB LO
Adv. Nikhil Verma for plaintiff present.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Issue writ of summons to defts. for answering the claim and for settlement of issues.
Adjd to 18-02-2020 for service .
Next Purpose: SERVICE
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Adv. Unnati Bane for plaintiff present and tendered affidavit of service along with original summons t.o.r. Its marked at Exh.5
Adv. Preeet Chawla for defendants no. 1 to 3 present and tendered vakalatnama t.o.r. Its marked at Exh.6
On oral request of Ld. Adv. for defendants adjournment granted.
Adjd to 13-03-2020 for WS .
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv.for plaintiff present.
Adv.for defendant present.
In view of affidavit of service writ of summons is served to the defendant on 29.01.2020 in responce of writ of summons defendant appeared before the court on 18.02.2020. However, failed to file written statement till today. No adjournment application is on record. Hence, suit is proceeded without written statement against defendant.
Matter adjd to 18.03.2020 for evidence on the side of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: None for plaintiff
Adv.Hardik Desai for defendant present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 15/4/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 19.08.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 08.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-10-2020
Date: 08-10-2020
Business: AS THIS COURT IS ON LEAVE , BOARD IS DISCHARGED AND THE MATTER STANDS ADJD.
Next Purpose: RECORDING EVIDENCE
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 06.11.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-11-2020
Date: 06-11-2020
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.31/9/2020 of this Court.
Matter adjd to 12/11/2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2020
Date: 12-11-2020
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 02.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.Meet Vora for plaintiff present.
Adv.for defendant absent.
In view of order dtd.13/3/2020 matter was proceeded against defendant (before lockdown). However, plaintiff failed to file evidence on record. I have perused entire suit record. As per provision of Commercial Court Act it was necessary on the part of plaintiff to tender original document alongwith statement of truth with plaint. However, plaintiff failed to file original document alongwith statement of truth.
Plaintiff to take note that original document and statement of truth shall be submitted on next date.
Matter adjd to 16/12/2020 for compliance/order.
Next Purpose: ORDER
Next Hearing Date: 16-12-2020
Date: 16-12-2020
Business: Adv. Rajmani Verma for plaintiff present.
None for defendant.
In view of order dtd.02.12.2020 directions was given to the plaintiff to tender evidence alongwith documents and statement of truth. However plaintiff fail to comply direction.
Today advocate for plaintiff is present fail to file evidence on record.
Adjd to 14.01.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv. Preet Phanse h/f Adv. Hardik Desai for defendant present.
L.O. at 02.05 pm
same appearance.
Adv. Unnati Bane i/b Navdeep Vora and associates for plaintiff present.
Adv. for plaintiff tender affidavit of Mr. Jiten N. Shah, Power of Attorney Holder of the plaintiff, in lieu of examination-in-chief on behalf of the plaintiff.
List of Documents. O- Put for order.
Adv. for plaintiff tender statement of truth
Draft NM tender by advocate for defendant.
O. Leave is granted for register NM
NM supplied to plaintiff
Matter adjd to 08-02-2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Rajmani Varma a/w. Adv.Ms.Unnati Bane for plaintiff present.
None present for defendant.
Witness present.
Adv. of plaintiff filed reply to NM No.191/21, Exh.10 t.o.r.
Adv. of plaintiff not tendered notice of motion.
Matter adjd to 12.02.2021 for Argument.
LO
Adv.Hardik Desai for defendant present and filed registered NM No.191/21 t.o.r.
Matter adjd to 12.02.2021 for Argument on NM 191/21.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Adv.Nikhil Varma for plaintiff present.
None present for defendant.
Heard Adv.of plaintiff on NM No.191/2021.
KB
LO
Adv.Hardik Desai for defendant present.
Heard Adv.of defendant on NM No.191/2021.
Matter adjd to 16.02.2021 for Order on NM 191/21.
Next Purpose: NM ORDERS
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv.Nikhil Varma for plaintiff present.
Adv.Kaustubh Patil i/b. Hardik Desai for defendants present.
F.R.S.R. the following order is passed
ORDER ON NM 191/2021
1. The Notice of Motion No.191 of 2021 is allowed.
2. The Defendants are permitted to file written statement subject to cost of Rs.1,000/- to be paid to the defendants.
3. The defendants to file written statement forthwith.
4. The notice of motion stands disposed of.
Matter adjd to 05.03.2021 for written statement.
LO
Adv. for defendants filed written statement, Exh.11 t.o.r.
Matter adjd to 05.03.2021 for admission and denial of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Unnati Bane i/b. Navdeep Vora and Associates for plaintiff present.
Adv. Hardik Desai for defendant present.
Statement of admission and denial on behalf of the plaintiff to the defendant\''s written statement filed by Adv. of plaintiff t.o.r.
O-filed.
Matter adjd to 15.03.2021 for admission denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: Adv.Mr.Hemal for plaintiff present.
None present for defendant.
Matter adjd to 23.03.2021 for admission and denial of documents by the defendant.
LO
Adv.Hardik Desai for defendant present.
Say filed by adv. of defendant on backside of Exh.8.
Matter adjd to 23.03.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None present for plaintiff.
Adv.Jayesh Gawade for defendant present.
List of witnesses, Exh.13 filed by Adv. of defendant t.o.r.
Matter adjd to 26.03.2021 for case management hearing.
LO
Adv.Unnati Bane i/b. Navdeep Vora and Associates for plaintiff present.
Matter adjd to 26.03.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-03-2021
Date: 26-03-2021
Business: Adv.Rajmani Varma a/w. Adv. Unnati Bane for plaintiff present.
Adv.Hardik Desai for defendant present.
Matter adjd to 03.04.2021 for framing of issues and case management hearing.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv.Unnati Bane for plaintiff present.
None present for defendant.
KB
LO
Adv.Unnati Bane for plaintiff present.
Issues framed, Exh.14.
Matter adjd to 26.04.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-04-2021
Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.05.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.06.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adv.Ms.Unnati Bane i/b Navdeep Vora & Associates for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 18.06.21 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: Adv.Unnati Bane i/b.Navdeep Vora and Associates for plaintiff present.
None present for defendant.
Due to rise in Covid cases, adjd to 08.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-07-2021
Date: 23-07-2021
Business: Adv.Unnati Bane i/b.Navdeep Vora and Associates for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 12.08.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Unnati Bane i/b Navdeep Vora and Associates for plaintiff present.
Adv. Aditya Khare for defendant present.
The plaintiff filed list of witnesses t.o.r. marked as Exh.15
Heard both sides on Case Management Hearing.
K.B. for order on CMH.
L.O. at 3.20 p.m.
Order on Case Management Hearing
Date
Stage
23.08.2021
Filing of affidavit of evidence by the plaintiff and defendant
01.09.2021
Exhibitions of documents
On or before 17.09.2021
Cross-examination of plaintiffs witness PW-1 by the defendant
On or before 28.09.2021
Cross-examination of plaintiffs witness PW-2 by the defendant.
On or before 11.10.2021
Cross-examination of plaintiffs witness PW-3 by the defendant.
On or before 26.10.2021
Cross-examination of defendant witness DW-1 by the plaintiff
On or before 11.11.2021
Cross-examination of defendant witness DW-2 by the plaintiff
On or before 17.11.2021
Steps for issuance of witness summons of DW-3
On or before 30.11.2021
Evidence including cross-examination of plaintiffs witness DW-3.
On or before 08.12.2021
Steps for issuance of witness summons of DW-4
On or before 22.12.2021
Evidence of DW No.4
On or before 06.01.2022
Oral and Written Arguments by plaintiff and defendant.
The plaintiff and defendant are provided 45 minutes each for their oral arguments
On or before 21.01.2022
Judgment
Matter adjd to 23.08.2021 for filing affidavit of evidence.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present for plaintiff.
Adv.Hardik Desai for defendant present.
Adv.of defendant filed application, Exh.16 t.o.r.
O-Otherside to say.
O-When called the plaintiff is absent. No say filed. Time granted.
Matter adjd. to 01.09.2021 for filing of evidence.
Judge
LO at 01.22 pm
Adv.Hemal i/b.Navdeep Vora and Associates for plaintiff present.
Matter adjd. to 01.09.2021 for filing of evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv.Pankaj Pandey for plaintiff present. He undertakes to file vakalatnama on next date.
None present for defendant.
KB
LO at 12.52 pm
Adv.Pankaj Pandey for plaintiff present.
Adv.Aditya Lele h/f.Adv.Desai for defendants present.
The defendants wants to file affidavit of evidence with permission by filing NM on next date.
Today, the matter is fixed for marking of documents. Witness Jiten Shah is absent for recording his affidavit of evidence.
Matter adjd to 17.09.2021 for recording affidavit of evidence, Exh.7, marking of documents and cross-examination of PW-1 and filing of NM (seeking permission to file affidavits of evidence) by defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.09 pm
Adv.Pankaj Pandey present and filed vakalatnama, Exh.17 for Smit Kirti Nagda on behalf of plaintiff t.o.r.
Adv.Hardik Desai for defendant present.
Witness Jiten N. Shah, PW-1 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.7.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr. No.1 is original Power of Attorney. Read the contents in Para No.1 of affidavit of evidence. It is marked as Exh.18.
2. The document at Sr. No.2 is office copy of Invoice No.011339 dated 09.04.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.19.
3. The document at Sr. No.3 is office copy of Invoice No.011356 dated 10.04.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.20.
4. The document at Sr. No.4, office copy of Invoice No.011401 dated 17.04.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.21.
5. The document at Sr. No.5, office copy of Invoice No.012530 dated 01.09.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.22.
6. The document at Sr. No.6 is office copy of Invoice No.012533 dated 01.09.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.23.
7. The document at Sr. No.7, office copy of Invoice No.012577 dated 04.09.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.24.
8. The document at Sr. No.8 is office copy of Invoice No.012600 dated 06.09.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.25.
9. The document at Sr. No.9 is office copy of Invoice No.012650 dated 11.09.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.26.
10. The document at Sr. No.10 is office copy of Invoice No.012705 dated 18.09.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.27.
11. The document at Sr. No.11 is office copy of Invoice No.012832 dated 08.10.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.28.
12. The document at Sr. No.12 is office copy of Invoice No.012883 dated 16.10.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.29.
13. The document at Sr. No.13 is office copy of Invoice No.012933 dated 30.10.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.30.
14. The document at Sr. No.14 is office copy of Invoice No.013081 dated 27.11.2014. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.31.
15. The document at Sr. No.15 is office copy of Invoice No.013094 dated 29.11.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.32.
16. The document at Sr. No.16 is office copy of Invoice No.13143 dated 09.12.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.33.
17. The document at Sr. No.17 is office copy of Invoice No.13175 dated 15.12.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.34.
18. The document at Sr. No.18 is office copy of Invoice No.13389 dated 05.02.2015. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.35.
19. The document at Sr. No.19 is office copy of Invoice No.13974 dated 27.04.2015. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.36.
20. The document at Sr. No.20 is office copy of Invoice No.14013 dated 02.05.2015. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.37.
21. The document at Sr. No.21 is office copy of Invoice No.14050 dated 17.05.2015. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.38.
22. The document at Sr. No.22 is office copy of Invoice No.14122 dated 18.05.2015. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.39.
23. The document at Sr. No.23 is office copy of Invoice No.14163 dated 25.05.2015. Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.40.
24. The document at Sr. No.24 is office copy of Invoice No.14191 dated 29.05.2015. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.41.
25. The document at Sr. No.25 is office copy of Invoice No.14235 dated 04.06.2015. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.42.
26. The document at Sr. No.26 is office copy of Invoice No.14097 dated 14.05.2015 (page No.28) a/w. certificate with respect to invoices (page No.29). In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.43 (colly.).
27. The document at Sr. No.27 is office copy of credit note No.000120 dated 01.09.2014. In view of contentions at Para No.5 of the affidavit of evidence this document is marked as Exh.44.
28. The document at Sr. No.28 is original letter dated 13.06.2017.
Same is admitted by the defendant by endorsement below the list, hence, it is marked as Exh.45.
29. The document at Sr. No.29 is original notice dated 27.11.2018. The document is admitted but contents are denied by the defendant. Reason is not specified. In view of contentions at Para No.9 of the affidavit of evidence this document is marked as Exh.46.
30. The document at Sr. No.30 is original postal receipt of booking register post (page No.36). In view of contentions at Para No.10 of the affidavit of evidence this document is marked as Exh.47.
31. The document at Sr. No.31 is original acknowledgement card (page No.37). In view of contentions at Para No.10 of the affidavit of evidence this document is marked as Exh.48.
32. The document at Sr. No.32 is copy of the ledger account maintained by plaintiff a/w. Section 65B Certificate. In view of contentions at Para No.12 of the affidavit of evidence this document is marked as Exh.49 (colly.)
The defendants have filed draft notice of motion a/w. affidavit in support to condoned the delay in filing affidavits of evidence.
O-Leave granted to register draft notice of motion.
Copy is received by the advocate of plaintiff. Endorsement to that effect is made by the plaintiff.
Say on NM is filed by the plaintiff.
Heard both the parties on draft NM.
ORDER ON DRAFT NOTICE OF MOTION
This notice of motion is taken out by the defendant seeking permission to file affidavit of evidence. In this case, case management hearing is already fixed for the defendants. But the defendants has failed to file the affidavit of evidence on the scheduled date. There is delay in filing the affidavit of evidence. Today, the defendants are ready to file their affidavit of evidence. The cross-examination of plaintiff is not yet proceeded. Considering the facts on record, the delay in filing affidavit of evidence by the defendants is required to be condoned. Hence, I passed the following order.
ORDER
1. The draft Notice of Motion is allowed as follows -
The delay in filing affidavits of evidence of DW-1 and DW-2 is condoned.
2. Time to file affidavit of evidence of DW-3 and DW-5 is granted till 28.09.2021.
3. Draft Notice of motion is disposed off accordingly. Draft Notice of motion be registered for statistical purpose.
Witness Dr.Balasubramanian Varadarajan, DW-1 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.50.
List of documents, Exh.51 filed by Adv. of defendant t.o.r.
Witness Mr.Primrose Darrel Misquitta, DW-2 present. He tendered affidavit of evidence a/w. documents. Affidavit of evidence is read and recorded and marked at Exh.52.
List of documents, Exh.53 filed by Adv. of defendant t.o.r.
KB for cross-examination of PW-1.
LO at 01.06 pm
PW-1, Mr.Jiten Shah resumed on solemn affirmation,
Cross-examination of PW-1, by Adv.Hardik Desai commenced and partly completed.
(Due to recess, further cross-examination is deferred till next date.)
Matter adjd to 24.09.2021 at 12.30 pm for R/E (P.H.)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Pankaj Pandey for plaintiff present.
Adv.Hardik Desai for defendant present.
Adv. of plaintiff tendered draft notice of motion a/w.affidavit in support. O-Leave granted to register draft notice of motion. Copy of same is served to otherside. Endorsement to that effect is made.
KB
LO at 01.36 pm
Adv.Pankaj Pandey for plaintiff present.
Adv.Hardik Desai for defendant present.
PW-1, Mr.Jiten Shah resumed on solemn affirmation,
Further cross-examination by Adv.Hardik Desai for defendant No.1 to 3 commenced and partly concluded.
(Due to recess cross-examination is deferred till 04.30 pm)
LO at 05.18 pm
Same appearance.
PW-1, Mr.Jiten Shah resumed on solemn affirmation,
Further cross-examination by Adv.Hardik Desai for defendant No.1 to 3 commenced and partly concluded.
(As Court time is over, cross-examination is deferred till next date.)
Matter adjd to 28.09.2021 at 11.00 am for further cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-09-2021
Date: 28-09-2021
Business: Adv.Smit Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
Witness absent.
Plaintiff wants to file adjournment application, hence, keep back.
LO at 01.31 pm
Adv.Atul Pathak for plaintiff present.
Adv.Hardik Desai for defendant present.
He filed adjournment application, Exh.54 as PW-1 is sick and unable to attend the Court. O-Time granted.
He tendered registered NM No.2255/21 a/w.affidavit in support.
The defendant has already filed say.
Heard both the parties.
KB for order on NM No.2255/21.
LO at 04.51 pm
F.R.S.R. the following order is passed
ORDER
1. The non-compliance of the plaintiff in filing affidavit of evidence on 23.08.2021 is condoned subject to costs of Rs.1,000/- (Rupees One Thousand only).
2. As observed in paragraph No.10, the plaintiff to re-access the scope of trial, nature and numbers of witnesses required and to make submission in writing as to the names and numbers of witnesses, so that Court can consider the aspect of Order XV(A) Rule 6(m), XIX, Rule 4 (2) and 5 of CPC.
3. Point as to non-compliance with the examination of witnesses named in the list of witnesses filed by the plaintiff is kept open for the consideration after the plaintiff makes written submission with regard to the nature and numbers of the witnesses in consonance with the scope of trial.
4. Notice of Motion No.2255 of 2021 is disposed off accordingly.
Matter adjd to 06.10.2021 at 12.00 noon for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 12.10 p.m.
Adv. Pankaj Pandey for plaintiff present.
Adv. Hardik for defendant present.
The plaintiff paid cost to the defendant as per order dated 28.09.2021 in NM 2255/21. Endorsement to that effect is made.
The plaintiff filed written submission in terms of para no. 10 of the order dated 28.09.2021 tor. as Ehx.55. Copy is furnished to the defendant. Endorsement is made.
Read the affidavit Exh.55. The plaintiff tendered evidence affidavits of PW No.2 t.o.r. marked as Exh 56 and PW No.03 marked as Exh.57
Further cross-examination of PW-1 Mr. Jiten Shah recorded and completed.
Matter adjd to 11.10.2021 for cross of PW 2 and 3.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.38
Adv.Pankaj Pandey h/f.Adv.Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
Plaintiff submits that PW-1 is not keeping well. He is filing adjd application, hence, KB
LO at 12.59 pm
Adv.Pankaj Pandey h/f.Adv.Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
The plaintiff filed adjournment application, Exh.58 t.o.r. O-Otherside to say.
Order-Read the application and say. Heard parties. Adjournment granted.
The plaintiff tendered affidavit of evidence of PW-4, Nilesh Vasant Shah. It is read and recorded. It is at Exh.59.
Matter adjd to 20.10.2021 for cross of plaintiffs remaining witnesses.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.40 pm,
Adv.Hardik Desai for defendant present.
Witnesses PW-2 and PW-3 are called out. They are absent, hence, KB
LO at 12.54 pm
Adv.Pankaj Pandey h/f.Adv.Smit Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
Cross-examination of PW-2, Amarnath Rampyare Saroj commence and concluded.
Cross-examination of PW-3, Mustafa Zoeb Nalwala commence and partly concluded.
(Due to recess, cross-examination of PW-3 is deferred till next date.)
As per oral request and mutual adjustment of advocate, date is fixed as 27.10.2021 for further cross-examination of PW-3.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. Atul Pathak present for plaintiff.
None present for defendant.
KB
LO at 12.50 p.m.
Adv. Atul Pathak present for plaintiff.
Adv. Ajita A. for defendant present. She requested to keep back the matter as Adv. on record is engaged in another court.
KB.
LO on 1.30 p.m.
Same appearance.
The defendant filed an application for adjournment. O- Adjournment granted as last chance.
KB
LO at 4.00 p.m.
Adv. Hardik Desai for defendant present. He filed an adjournment application. t.o.r. (Exh.60)
Matter adjd to 11.11.2021 for further cross PW-3
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present for plaintiff.
Adv.Yashvi Panchal h/f.Adv.Hardik Desai for defendant present.
The defendant filed application of adjournment, Exh.61 t.o.r.
O-Considering the reasons adjournment granted.
Matter adjd to 17.11.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Adv.Smit Kirti Nagda for plaintiff present.
None present for defendant.
The plaintiff filed adjournment application, Exh.62 t.o.r.
O-Considering the reason, adjournment granted.
Matter adjd to 25.11.2021 for R/E.
Judge
LO at 11.05 pm,
Adv.Hardik Desai for defendant present.
Matter adjd to 25.11.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: Adv.Smit Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
KB
LO at 11.57 pm,
Adv.Smit Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
PW-3, Mustafa Zoeb Nalwala resumed on S.A.
Further cross-examination of PW-3, Mustafa by Adv.Hardik Desai commenced.
During the evidence witness produced bank statement with list, Exh.63.
Bank statement, Exh.64
Further cross-examination of PW-3, Mustafa by Adv.Hardik Desai completed.
Matter adjd to 30.11.2021 for cross-examination of PW-4.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-11-2021
Date: 30-11-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv. Smit Nagda present for plaintiff.
Adv. Ajitha present for defendant No.1.
Adv. for plff. filed adjournment application. O - Granted.
Matter adjd to 22/12/2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None present for plaintiff.
Adv. Ajitha present for defendant.
She filed adjournment application t.o.r. Exh.66 informing that the adv. for the defendant is suffering from covid-19.O-Adjournment Granted.
Matter adjd to 21.01.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: None present for plaintiff.
None present for defendant.
KB.
L.O. at 12.30 p.m.
Adv.Smit Nagda for plaintiff present.
Adv. Hardik Desai for defendant present.
Parties are ready to record evidence. on virtual Platform hence, KB.
upto 1.45 p.m. connection not establish, hence KB
L.O. at 2.00 pm.
Adv.Smit Nagda for plaintiff present online.
Adv. Hardik Desai for defendant present online.
Witness Nilesh Vasant Shah P.W.4 present online with his advocate.
Cross of PW 4 is recorded on VC, cross finished.
Matter is adjd to 02.02.2022 for recording evidence of defendant side.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-02-2022
Date: 02-02-2022
Business: Adv. Mr. Smit Nagda present for plaintiff.
Adv. Mr. Hardik Desai present for defendant and filed application for adjournment. It is marked as Exh.67. O- Adjournment is granted.
Matter adjd to 16/02/2022 for cross of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv.Atul Pathak h/f.Adv.Smit Nagda for plaintiff.
None present for defendant.
KB
LO at
Adv.Pankaj Pandey a/w.Adv.Smit Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
The plaintiff filed admission and denial with respect to the documents produced at list Exh.50 t.o.r. and marked as Exh.68.
Heard both parties on admissibility of document at list Exh.51. Following order is passed regarding exhibition of documents in list Exh.51.
1. The document at Sr. No.1 is photocopy of registration certificate of the trust. The original is not produced, hence, it is marked as Article-Y.
2. The document at Sr. No.2 is the office copy of letter dated 06.07.2017. Read the contents of paragraph No.5 of affidavit of evidence. The document is marked as Exh.69.
3. The document at Sr. No.3 is the copy of postal receipt. Read the contents of paragraph No.6 of affidavit of evidence. It is the contention of the witness that original receipt has been misplaced. It is produced as secondary evidence. It is marked as Exh.70 subject to the objection of plaintiff that the defendant requires to file application for adducing secondary evidence.
Resumed on S.A. Dr.Balasubramanian Varadarajan (DW-1).
Cross-examination of DW-1 by Adv.Pankaj Pandey commenced and partly concluded.
(As Court time is over, cross-examination is deferred till next date.)
Matter adjd to 02.03.2022 for further cross-examination of DW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: Adv. Atul Pathak i/b Adv. Kirti Nagda present for plaintiff.
Adv. Mr. Hardik Desai present for defendant.
KB
L.O.
Adv. Mr. Panak Pandey for the plaintiff.
Adv. Mr. Hardik Desai present for defendant.
Further cross-examination of DW No.1 is commenced and completed.
Matter adjd to 14.03.2022 for cross of DW No.2/CMH hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: None present for plaintiff.
Adv. Mr. Hardik Desai present for defendant and filed adjournment application. t.o.r. and marked as Exh.71.
O- Adjournment granted.
Matter adjd to 28.03.2022 for cross of DW and CMH.
L.O. at 11.52 a.m.
Adv. Mr. Pathak i/b Smit Nagda for the plaintiff present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv.Atul Pathak h/f.Adv.Smit Kirti Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
KB
LO at 12.18 pm,
Adv.Pankaj Pandey a/w.Adv.Smit Kirti Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
ORDER IN RESPECT OF EXHIBITION OF DOCUMENTS BELOW EXH.52
Read the list of documents Exh.53. The document at Sr. No.1 is the extract of resolution dated 26.08.2021. Read the contents of para No.1 of the affidavit of evidence of DW-2, document is marked as Exh.72.
Resumed on solemn affirmation Mrs.Primorse Darrel Misquitta (DW-2)
Further cross-examination of DW-2 commenced and concluded.
The defendants filed application for issuance of witness summons. It is t.o.r. and marked as Exh.73.
O-Issue witness summons as prayed on due period.
Matter adjd to 05.04.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv.Smit Kirti Nagda for plaintiff present.
None present for defendant.
KB
LO at 12.10 pm,
Adv.Smit Kirti Nagda for plaintiff present.
Adv.Ajita A. h/f.Adv.Hardik Desai for defendant present.
The Ld.Adv.for the deft.submits that summons is served on the postal department. The witness from postal department is absent.
KB for steps from the deft.
LO 12.30 pm,
Adv.Smit Kirti Nagda for plaintiff present.
Adv.Yashvi Panchal h/f.Adv.Hardik Desai for defendant present.
The defendant filed the original copy of letter of request dated 31.03.2022 issued to the post office t.o.r. and marked as Exh.74. The endorsement as to acknowledgment shows that letter is received by the GPO. Witness is absent. The defendant to take steps.
The defendant filed application for re-issuance of witness summons on the post office t.o.r. and marked as Exh.75. O-Reissue witness summons in proper format of witness summons a/w. request letter.
Matter adjd to 25.04.2022 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv.Smit K. Nagda for plaintiff present.
Adv.Hardik Desai for defendant present.
The letters received from postal authority is t.o.r. and marked as Exh.76 (colly.).
KB for steps by deft.
Ms.Pramodini Kadam, Sub-post Master Vile Parle (West) present. She filed written submission contending that record for the year 2017 has been weeded out by observing preservation norms t.o.r. and marekd as Exh.77.
KB
LO at 12.55 pm,
Adv.Hardik Desai for defendant present.
The Ld.Adv.for the defendant submits that he is not taking any steps on the basis of letters of postal authority, Exh.76 and Exh.77 and witness shall be discharged. Hence, witness Pramodini Kadam is discharged.
Matter adjd to 08.06.2022 for further evidence of deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv Mr. Smit Nagda present for plaintiff.
Adv Hardik Desai present for defendant.
On oral request of adv of deft adjournment granted for further evidence of deft.
Matter adjd to 27.06.2022 for evidence ph.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: None present.
KB.
LO 12.10 pm
Adv. Smit Nagada present for plff.
Adv. Hardik Desai present for defts.
DW-3 Rosalbah Clayton Comez present.
Adv of deft has filed affidavit of DW-3 Rosalbah Clayton Comez. Oath given to witness. Adv of plff seeks adj. For cross examination of DW-3.
Adj. For Cross examination of DW-3 on 11/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-07-2022
Date: 11-07-2022
Business: Adv. Pankaj Pandey for plaintiff present.
KB.
Later on at 11.52 am.
Adv. Hardik Desai for defendant present.
Adv. for defendant submitted that, he is filing NM for leave to file documents.
Case adjd for cross examination of DW3 on 29/07/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2022
Date: 29-08-2022
Business: Adv. Bhoomi Kansara h/f Adv. Smit Nagda Present for Plff.
Adv. Hardik Desai Present for Deft.
Adv of deft has filed draft NM along with affidavit for leave to file additional documents. Leave granted for NM registration. Copy served upon adv of plff.
Adj for NM returnable and reply of NM and cross examination of DW-3 on 14/09/2022.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Adv. Bhoomi Kansara h/f Adv. Smit Nagda Present for Plff.
Adv. Hardik Desai Present for Deft no.1.
Adv of deft has tendered registered NM 3292/22 along with affidavit.
Adv of plff seeks time to file reply to NM. Granted.
Adj. For Reply to NM 3292/22 and Cross examination of DW-3 on 28/09/2022.
Next Purpose: REPLY
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: Adv. Smit Kirti Nagda Present for Plff.
Adv. Hardik Desai Present for Deft
Adv of plff given say on overleaf of NM 3292/22 and thereby given no objection to allow this NM 3292/22.
In this NM defendants prayed for permission to file additional document i.e. certificate of registration of deft no.1 and extract of resolution passed by deft no.1 on 26/08/2021. In view of the no objection given by plff the NM 3292/22 is allowed and defts are allowed to file additional evidence, filed with list Ex.79.
Documents filed with list Ex.79 marked Exhibits as under.
Ex.80 – True copy of certificate of registration.
Ex.81 – True copy of resolution dt.26/08/2021.
Adj. For Cross examination of DW-3 on 10/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv. Seema Pandey h/f Adv. Smit Kirti Nagada Present for Plff.
Adv. Hardik Desai Present for Deft.
DW-3 Present.
adv of plff has taken part cross examination of DW-3 due to recess hours the matter adjourn but adv of both parties contended that in the second session they are not available and prayed for adjournment.
Adj. For Further Cross Examination of DW-3 on 19/10/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv. Bhoomi Kansara h/f Adv. Smit Nagda Present for Plff.
Adv. Hardik Desai Present for Deft.
DW-3 absent.
Adv of plff seeks adjournment on the ground that her senior is difficulty to attend the Court. Adj. Granted.
Adj. For Cross examination of DW-3 on 21/11/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: Adv. Pankaj Pandey h/f Adv. Smit Nagda Present for Plff.
Adv. Jay Chavan I/b Hardik Desai Present for Deft.
DW-3 present. Adv of deft has taken cross examination of DW-3.
Adj. For Further evidence of Deft on 07/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2022
Date: 07-12-2022
Business: court is on leave.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Seema Pandey h/f Adv. Smit Nagda Present for Plff.
Adv. Tejas Shah Present for Deft.
Adv of deft seeks time to file chief examination of DW-4. Adj. Granted.
Adj. For Chief examination of DW-4 on 19/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv. Pankaj Pandey a/w Adv. Bhoomi Kansara h/f Adv. Smit Nagda Present for Plff.
Adv. Hardik Desai Present for Deft.
Exh.82.- adv of deft filed adjournment application on the ground that daughter of deft no.2 and sister of deft no.3 was suffering from Cancer. Otherside to say. Otherside has given no objection. Adj. Granted.
Adj. For Cross examination of DW-4 on 06/02/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: Adv.Bhoomi Kansara a/w Adv. Seema Pandey I/b. Smit Nagda for plff.present.
Adv.Ajita h/f Hardik Desai for deft. Present.
Today case is for evidence of defendant but it is wrongly mentioned in roznama that it is for cross examination of DW-4.
Exh.83 Adv of defendant has filed application for adjournment. Other side to say.
Advocate of plaintiff given no objection. Adjournment is on the ground of ill health of advocate of defendant. Adjournment Granted as last chance.
Case already adjd on 21.02.2023 for filing evidence of DW-4.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: Adv. Seema Pandey h/f Adv. Smit Nagda Present for Plff.
Adv. Tejash Shah h/f Adv. Hardik Desai Present for Deft.
Exh.84 - Adv of deft has filed chief examination of DW-4 Praveen Vittal Shivarkar. Copy served to otherside.
DW-4 is absent.
Adj. For Administering oath and Cross examination of DW-4 on 10/03/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-03-2023
Date: 10-03-2023
Business: Adv. Seema Pandey h/f Adv. Smit Nagda for plaintiff present.
Adv. Hardik Desai for defendant present.
DW no. 4 present.
Exh.85 Adv.of plaintiff has filed an adjournment application. Other side has given no objection. Adjournment granted.
Case adjd for administering oath of DW No.4 and cross examination to 29.03.2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: Adv. Seema Pandey I/b Adv. Smit Nagda Present for Plff.
Adv. Tejas Shah h/f Adv. Hardik Desai Present for Deft.
Exh.86- adv of deft has filed adjournment application on the ground that DW-4 works in Chartant accountancy firm and in view of financial year ending, he is tied in business exigency. Otherside has given no objection. Adj. Granted.
Adj. For Administering oath and Cross examination of DW-4 on 10/04/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-04-2023
Date: 10-04-2023
Business: Adv. Pankaj Pandey a/w Adv Seema Pandey I/b Adv. Smit Nagda Present for Plff.
Adv Smt. Ajita A. h/f. Hardik Desai for Deft. Present.
DW-4 present.
Advocate of plaintiff has taken Cross examination of DW- 4.
Case adjourned for further evidence of defendant to 17/04/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None Present for Plff.
Adv. Tejas Shah Present for deft.
Adv of deft seeks adjournment for further evidence.
KB LO 11.40 am
Adv. Seema Pandey I/b Adv. Smit Nagda Present for Plff.
Adv of plff has no obejction for adjournment. Adj. Granted.
Adj. For Evidence of deft on 14/06/2023.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 14-06-2023
Date: 14-06-2023
Business: 14.06.2023
01
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 256/2019
Exh 87
Adv. Seema Pandey i/b Adv. Smit Kirti Nagda for plaintiff present.
None present for defendant.
K.B.
L.O. at 11.10am.
Adv. Hardik Desai for defendant present.
Exh 87 – Evidence close pursis filed by the Ld. Adv. of defendant.
Adjd to 26/06/2023 for written notes of arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 26-06-2023
Date: 26-06-2023
Business: 26.06.2023
1
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 256/2019
Adv. Seeva Pandey i/b Adv. Smit for plaintiff present.
Adv. Hardik Doishi for defendant present.
Ld.Adv. For plaintiff orally requested for time to file to written notes of arguments.
Order- Time Granted as prayed for.
Adjd to 12/07/2023 for written notes of arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2023
Date: 12-07-2023
Business: Adv. Seema Pandey i/b Adv. Smit Nagda for plff present.
Adv. Hardik Desai for deft present.
Both the advocates orally prayed for time to file written notes of arguments.
O-Time granted as prayed for.
Adjd.to 17.07.2023 for Written Notes of arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: None for plaintiff.
Adv. Hardik Desai for defendant present.
Exh. 88- She filed written notes of argument along with compilation of Judgments.
KB. at. 02.45 p.m.
Adv. Seema Pande h/f Adv. Nagda for plaintiff is present.
Exh. 89 - Written notes of argument on behalf of plaintiff.
Matter is adj for argument to 28/07/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-07-2023
Date: 28-07-2023
Business: Adv. Seema Pandey h/f Smit Nagda for plaintiff is present.
Adv. Hardik Desai for defendant is present.
On oral request of Ld adv of plff, matter adjourned.
Matter is adj for final arguments to 09.08.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: Adv. Seema Pande h/ Smit Nagda for plaintiff is present.
Adv. Hardik Desai for def. is present.
KB
L.O 01.45 p.m.
Adv. Pankaj Pande for plaintiff is present.
Adv. Hardik Desai for def. is present.
By consent of both the parties matter is adj for to19/08/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-08-2023
Date: 19-08-2023
Business: Adv. Pankaj Pandey for plaintiff is present.
Adv. Hardik Desai for def. is present.
KB 12.30 pm.
Same appearance .
Partly Heard, adv. of plaintiff.
Matter is adj for further argument to 01.09.2023. at 12.30 P.M.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-09-2023
Date: 01-09-2023
Business: Adv. Seema Pande h/f Smit Nagda for plaintiff is present.
Adv. Hardik Desai for def. is present.
Ld. adv for def. orally prayed for adjournment. O- Adjournment granted as last chance.
Matter is adj for arguments to 13/09/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: P.O is on half day (morning session) leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-09-2023
Date: 20-09-2023
Business: Adv. Seema Pande i/b Smit Nagda for plaintiff is present and filed adjournment application for arguments. TOR marked as Exh. 90. O- Adjournment granted as last chance.
Adv. Hardik Desai for def. is present.
By consent of both parties, matter is adj for arguments to 13/10/2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: None present for parties.
L.O at 01.00 p.m.
Adv. Pankaj Pande for plaintiff is present.
None present for def.
Matter is adj for final arguments to 01/11/2023 at 02.45 p.m.
L.O at 01.10 p.m.
Adv. Desai for def. is present.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-11-2023
Date: 01-11-2023
Business: None present.
KB. Lo. 03.15 p.m.
None present for plaintiff.
Adv. Hardik Desai for deft. is present.
Matter is adj. for final arguments to 01/12/2023 at 02.45 p.m.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-12-2023
Date: 01-12-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: ARGUMENTS
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: Adv. Pankaj Pande for plaintiff is present.
Adv. Hardik Desai for def. is present.
Heard final arguments of both sides.
Exh.91 - List a/w Case laws filed by ld. adv of def. Copy already served to the other side.
Matter is adj. for judgement to 05/01/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 05-01-2024
Date: 05-01-2024
Business: None for plaintiff.
Adv. Tukaram Dhondge for def. is present.
KB
Court is busy in other matters on board hence, matter is adjourned.
Matter is adj. for Judgment to 29/01/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 29-01-2024
Date: 29-01-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None for plaintiff is present.
Adv. Hardik Desai for def. is present.
Court is busy in recording evidence in Commercial Suit No. 127/2019.
Hence, Matter is adj. for judgment to 06.02.2024.
Next Purpose: JUDGMENT
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: HHJ is on leave. Hence adjd.to
Next Purpose: JUDGMENT
Next Hearing Date: 08-02-2024
Date: 08-02-2024
Business: None present.
As Court is busy in other matters on board, hence matter is adjourned.
Matter is adj. for Judgment to 15/02/2024.
Next Purpose: JUDGMENT
Next Hearing Date: 15-02-2024
Date: 15-02-2024
Business: P.O. is on leave.
Next Purpose: JUDGMENT
Next Hearing Date: 17-02-2024
Date: 17-02-2024
Business: None present.
KB.. Later on at 11.30 a.m.
None present for plaintiff.
Adv. Tejas Shah i/b Adv. Hardik Desai for def. is present.
Judgment is pronounced and declared in open Court.
Judgment.
Operative part of Judgment.
1. Commercial Suit No.256 of 2019 is hereby decreed with costs.
2. The defendant Nos.1 to 3 are directed to pay, jointly and severally, to the plaintiff an amount of Rs.11,87,724/-[Rupees Eleven Lakhs Eighty Seven Thousand Seven Hundred Twenty Four only] which includes balance principal amount of Rs.9,35,585/- and interest of Rs.2,52,139 @ 5 % p.a. till the date of filing of the suit. They are further directed to pay interest @ 5 % p.a. on the principal unpaid amount from the date of this order till realization of the said amount in full.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-02-2024