Mr. Nayan Laherchand MepaniVsAshwatha Developers

Date: 14-02-2020
Business: R and P not received.
Adjd for service to 21-02-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv. Priti Gada for pltff present.
None for the defendant.
Matter is adjd to 18/03/2020 for Service.
Next Purpose: SERVICE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: None 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 admission denial.
Next Purpose: SERVICE
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
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: SERVICE
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: SERVICE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Next Purpose: SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  26/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
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  24.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-12-2020

Date: 24-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv.Sonal Darbar for plaintiff present.
Application filed by Adv.of plaintiff for extension of time to serve writ of summons upon defendant t.o.r. O-Time extended to serve the defendant.
Matter adjd to 08.02.2021 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: Adv.Sonal Darbar for plaintiff present.
None present for defendant.
Adv. of plaintiff filed affidavit of service of summons, Exh.3. Defendant not served. Plaintiff to take steps.
Matter adjd to 01.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv.Priti Gada for plaintiff present.
None present for defendant.
Ld. adv. seeks time to provide fresh address on the defendant. Time granted.
Matter adjd to 01.04.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: None for Plaintiff.
None for Defendant.
Matter adjd  to 08/04/2021  for  steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Jinklle Vira  for plaintiff present.
Adv.for defendant absent.
Ld. adv. seeks time to take steps.
Matter adjd to 29.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 29.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 05.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 18.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv.Jinklle Vira for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
Matter adjd. to 06.09.2021 for affidavit of service (NM).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
None present for defendant.
    Adv. of plaintiff tendered registered NM No.1895/21 a/w.affidavit in support.
          The plaintiff to serve the suit summons a/w. notice of NM No.1895/21 on the defendant by RPAD.
Matter adjd to 21.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
None present for defendant.
The plaintiff filed application, Exh.4 requesting to allow to serve the defendants at new address. O-Allowed to serve suit summons and notice of notice of motion on the defendants at new address through Court by RPAD.
Matter adjd to 16.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv.Preeti Gada for plaintiff present.
None present for defendant.
Service is awaiting, hence, adjd for affidavit of service on 30.11.2021.
                                                                                              Judge
LO at 03.03 pm,
Adv.Ankur Kalal present and filed vakalatnama, Exh.5 for Markand Gandhi and Co. on behalf of defendant t.o.r.
Matter adjd for affidavit of service in NM and reply in NM on 30.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. Preeti Gada present for plaintiff.
None present for defendant.
On oral request of plaintiff, matter adjd to 17.01.2022 for filing affidavit of service in NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 01.02.2022 for Service Affidavit in N/M.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 22.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: Adv.Ankur Kalal i/b.Markand Gandhi and Co. for defendant present.
Plaintiff\''s advocate\''s representative Ms.Pinki Chavhan present. She filed service affidavit in NM No.1895/21 t.o.r. and marked as Exh.6.
The advocate for defendant requested time to file reply.
Matter adjd to 17.03.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Sonal Darbar present for plaintiff.
Adv. Mr. Jigar Shah present for defendant.
The defendant filed reply in NM No.1895/2021. t.o.r. and marked as exh.7. Copy of same is received by the plaintiff.
Matter adjd to 30.03.2022 for hearing in NM No.1895/221.
Next Purpose: HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Matter is converted and transferred to CR No.61
Next Purpose: HEARING
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: None for Plaintiff.
None for Defendant.
Matter adjourned to 27/09/2022 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: None for Plaintiff.
Adv. for Defendant present.
Advocate for defendant seeks time to file written statement.  He further submits that he has not being served with the copy of summons for judgment.
On perusal of the roznama it appears that the present suit is converted into summary suit from commercial suit.  It further transpires that plaintiff has not yet filed summons for judgment on record.  Therefore, keep the matter for steps by plaintiff i.e. for filing SJ.
Matter adjourned to 07.12.2022 for filing SJ.
Next Purpose: FOR___________________
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Adv.Preeti Gada for plaintiff present.   She seeks time. Time granted as a last chance.
Adv.Neer Karia i/b Markand Gandhi and Company for defendant  present.
Matter is adj to 30/01/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2023

Date: 30-01-2023
Business: Adv.Priti Gada for plaintiff present.   She tendered draft Summons for Judgment along with affidavit.
O-Leave is granted to register the Summons for Judgment.
Adv.Neer Karia i/b M/s Markand Gandhi and Company for defendant present.
Copy of draft SJ is served to the learned advocate for defendant.
Matter is adj to 01/04/2023 for reply to SJ.
Next Purpose: REPLY
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: NOB TOB by way of praecipe filed by Adv.Neer V.Karia i/b M/s Markand Gandhi and Company for defendant (Exh--). He submits that defendant is served with copy of SJ on 30/01/2023 and as such he may be permitted to file reply to SJ.
         In view of the aforesaid submission reply to SJ is taken on record.
Defendant to serve copy of reply to the other side within two weeks from this order.
Matter is already adj to 01/04/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv Disha Vardhan h/f Adv Preeti Gada for plaintiff present and filed registered SJ No.37/23 along with affidavit in support. TOR.
Adv Neer for deft present.
Adv for plaintiff seeks time to file rejoinder.
Time granted. Matter adjd. to. 17-07-2023 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Adv. Neer Karia i/b Markand Gandhi and Co. for defendant is present.
Rejoinder is not filed.
Matter is adj to 26.10.2023 for filing rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 26-10-2023

Date: 26-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Jitendra Gupta i/b Adv. Preeti Gada for plaintiff is present and praying for adjournment for filing rejoinder to reply of SJ.
Adv.  Neer Karia i/b Markand Gandhi and Co. for defendant is present.
Matter is adj to 12.02.2023 for rejoinder to reply of SJ.
Next Purpose: REJOINDER
Next Hearing Date: 12-02-2024

Date: 12-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priti Gada for plaintiff is present and requested for adjournment for filing rejoinder to the reply of Summons for judgment.
Adv. Neer Karia i/b Markand Gandhi and Co. for defendant is present.
The plaintiff is given last chance for filing rejoinder to the reply of Summons for judgment.
Matter is adj to 18.03.2024 for filing rejoinder to the reply of Summons for judgment.
Next Purpose: REJOINDER
Next Hearing Date: 18-03-2024

Date: 18-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mittal Chheda h/f Adv. Preeti Gada  for plaintiff is present and filed an application to file rejoinder to reply of Summons for judgment, as original documents are not received. Taken on record. It is marked as Exh-9. O-Already last chance was granted. However, considering the reason, adjournment is granted, subject to costs of Rs. 2,000/- to be paid to the defendant.
Adv. Neer Karia i/b Markand Gandhi and Co for defendant is present.
Matter is adj to 16.04.2024 for filing rejoinder to the reply to Summons for judgment.
Next Purpose: REJOINDER
Next Hearing Date: 16-04-2024

Date: 16-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present and paid costs of Rs.2,000/- to the counsel for defendant. She has also filed original documents along with list. Taken on record. It is marked as Exh-10. Copy served on other side.
Adv. Neer Karia i/b Markand Gandhi and Co for defendant is present.
The plaintiff failed to file rejoinder to reply of summons for judgment.
Counsel for plaintiff filed draft chamber Summons for amendment  along with affidavit in support. O-Leave is granted to register the draft chamber Summons. Copy served on other side.
Matter is adj to 28.06.2024 for filing registered chamber summons  and reply to chamber summons.
Next Purpose: REPLY
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mittal Chheda for plaintiff is present and filed registered Chamber summons No.1034/24 along with affidavit in support. Taken on record.
Adv. Neer Karia i/b M/s Markand Gandhi and Co. for defendant is present.
Adv. Pariket Shah for proposed defendants No.3 is present and filed vakalatnama. Taken on record. It is marked as Exh-11.
Matter is adj to 22.08.2024 for filing reply to chamber summons.
Next Purpose: REPLY
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present.
Adv. Manan Brinora i/b Markand Gandhi and Co. for defendant is present and requested for adjournment. Adjournment is granted as last chance.
Adv. Pariket Shah for proposed defendant No.3 is present.
Matter is adj to 26.09.2024 for filing reply to notice of motion.
Next Purpose: REPLY
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present.
Adv.Manan Bhindara i/b Markand Gandhi and Co. for defendant is present and requested for adjournment to file reply to chamber summons. Adjournment is granted as last chance.
Matter is adj to 24.10.2024 for filing reply to Chamber summons.
Adv. Sneha Vani i/b Pariket Shah for proposed defendant No.3 is present.
Matter is adj to 24.10.2024 for filing reply to Chamber summons.
Next Purpose: REPLY
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present.
Adv. Aarushi Mehta i/b Markand Gandhi and Co. for defendant is present.
Adv. Sneha Wani i/b Adv. Pariket Shah for proposed defendant No.3 is present and filed reply to Chamber summons. Copy served to other side.
Matter is adj to 17.12.2024 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-12-2024

Date: 17-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mahajan  for plaintiff is present( through VC)
Adv Sneha Vani for proposed deft No.3 is present.
Adv. Aarushi Mehta i/b. Markand Gandhi & Co. for defendant is present and requested for hearing on CS. O-Adjmnt. granted.
Matter is adj to  24.01.2025 for hearing on CS.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Aarushi Mehta for defendant is present and requested for adjournment to argue on Chamber summons. Adjournment is granted as last chance.
Matter is adj to 14.02.2025 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-02-2025

Date: 14-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present and filed rejoinder to reply to chamber summons. Taken on record.
Adv. Arushi Mehta i/b Markand Gandhi and Co. for defendant is present through video conferencing.
Plaintiff to serve copy of rejoinder to reply to Chamber summons to defendant.
Matter is adj to 21.03.2025 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika for plaintiff is present and requesting adjourned for argument on ch.s.
Adv. Ayushi for defendant is present.
Matter is adjourned to 17.04.2025  for Hearing on Ch/s
Next Purpose: C/S  HEARING
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv Deep Tahakkar i/b M/s Markand Gandhi and Co. present for plaintiff.
Adv Pariket Shah for proposed defendant No.3 present.
Court is busy in dictating ex-parte judgment in summary Suit no.955/2023,67/2024 and 330/2024 and other urgent hearing matter. Hence, todays board is discharged.  Hence, todays board is discharged.
Matter is adj to 11-06-2025 for C/S Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-06-2025

Date: 11-06-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present and filed rejoinder to reply to Chamber summons. Taken on record.
Adv. Manan Bhindara i/b M/s Markand Gandhi and Co. for defendant is present.
Adv. Sneha Wani for proposed defendant No.3 is present through video conferencing.
Plaintiff is directed to serve copy of rejoinder to other side.
Matter is adj to 10.07.2025 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-07-2025

Date: 10-07-2025
Business: P. O. is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Soham Salunkhe i/b Markand Gandhi and Co. for defendant is present.
Adv. Sneha Wani for defendant No.3 is present through video conferencing
Plaintiff is given last chance to serve copy of rejoinder to defendant.
Matter is adj to 14.10.2025 for hearing on Chamber summons.
Later on at 12.46 pm.
Adv. Priti Gada for plaintiff is present.
Matter is adj to 14.10.2025 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 14-10-2025

Date: 14-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present.
Adv. Deep Thakkar i/b M/s Markand Gandhi and Co. for defendant is present and requested for adjournment. Adjournment is granted.
Heard advocate for plaintiff on Chamber summons
Matter is adj to 31.10.2025 for hearing on Chamber summons by defendant.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-10-2025

Date: 31-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Priti Gada for plaintiff is present.
Adv. Pariket Shah for Proposed defendant is present through video conference.
Heard counsel for defendant on Chamber summons No.1034/24
Matter is adj to 12.11.2025 for Order on Chamber summons.
Later on at 11.51 pm
Adv. Khushboo Chughani i/b Markand Gandhi and Co. for defendant is present.
Matter is adj to 12.11.2025 for Order on Chamber summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-11-2025

Date: 12-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priti Gada for plaintiff is present through video conference.
Adv. Khushbu Chugani i/b Markand Gandhi and Co. for defendant is present through video conference and requested for adjournment. Adjournment is granted.
Matter is adj to 18.11.2025 for hearing/Order on Chamber summons
Later on at 12.31 pm
Adv. Sneha Wani for proposed defendant No.3 is present through video conference.
Matter is adj to 18.11.2025 for hearing/Order on Chamber summons
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-11-2025

Date: 18-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present.
Adv. Pariket Shah for proposed defendant No.3 is present.
Adv. Arushi Mehta i/b Adv. Markand Gandhi and Co.  for defendants is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to 02.12.2025 for hearing on Chamber summons.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-12-2025

Date: 02-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present through video conference.
Adv. Khushboo Cheghani i/b Markand Gandhi and Co. for defendant is present.
Heard advocate for defendant on CS No.1034/24
Matter is adj to 16.12.2026 for Order on Chamber summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2025

Date: 16-12-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present through video conference.
Adv. Sneha Wani for proposed defendant No.3 is present through video conference
Adv. Khushboo Chighani for defendants is present through video conference.
Order below CS No.1034/24
Plaintiff has filed Chamber summons to condone delay to carry out proposed amendment as well as to add proposed defendants. Defendant and proposed defendant No.3 has filed affidavit in reply to Chamber summons and objected the Chamber summons. Plaintiff has filed rejoinder to the reply filed by defendant and proposed defendant No.3 and denied contents in their reply. It is the contention of the plaintiff that he has filed suit against defendant Ashwatha Developers for recovery of an amount. It is further submitted that while filing the suit, inadvertently described document at Exh-A annexed to the plaint as bill of exchange instead of promissory note. Further, on perusing said document, it shows that it is a promissory note. Defendant has admitted the said document and paid interest. Defendant has filed reply to Summons for judgment wherein he pointed out the said fact. It is further submitted that at the time of filing suit plaintiff was not having original documents and same were not traceable. However, recently plaintiff has found original documents from old file and after verifying the contents, it is necessary to carry out propose amendment regarding nature of document at Exh-A. Further, plaintiff was not aware about the name of the partners of the defendant and recently from order matter he came to know their name and address. Therefore, it is necessary to add them as a necessary party. Further, Suit is converted into Summary Suit and therefore, paragraph No.24(a) needs to be deleted. It is further submitted that proposed defendant No.3 came with a defence that he is retired as a partner from defendant No.1 on 01.04.2016. However, he has not filed any document from Registrar of Firm. Further, the suit transaction is prior to retirement of proposed defendant No.3 and he was very much involved in the transaction. Further, reply filed by defendant to chamber summons is similar to reply filed to Summons for judgment and therefore, it cannot be consider at this stage. It is further submitted that it is also defence of defendant there is delay of four year to take out this Chamber summons. The plaintiff has already contended that original documents were misplaced and same are found recently. Therefore, it cannot be said that there is delay to file Chamber summons. It is also defence of defendant that summary Suit. NO. 828/21 was instituted on 21.08.2021 against same defendant and proposed defendant by one Rina Chhadda and plaintiffs advocate was aware about partners of defendant. However, original documents in the present suit were misplaced, therefore, other partners were not made party defendant. If Chamber summons is not allowed, plaintiff will suffer irreparable loss. Hence, Chamber summons may be allowed.
        On the other hand, it is argued on behalf of defendant that Chamber summons filed by the plaintiff is not tenable as it is filed after four years.  It is further submitted that defendant has filed reply to Summons for judgment on 08.02.2023 and denied the contentions of the plaintiff. Further, Chamber summons is filed with malafide intention and to prolong the present proceeding. Initially, suit was filed as Commercial Suit No.18/20 and it was converted into Sum. Suit vide order dated 30.03.2022 passed in Notice of Motion No.1895/2021. Further, proposed defendants are neither necessary nor proper parties to the suit. Further, proposed defendants No.2 and 3 are retired from defendant Firm since 21.04.2016 and they are not responsible for day to day affairs of the defendant firm at the time of filing of the suit. There is no privity of contract between plaintiff and proposed defendant. Further, counsel for defendant submitted that advocate for plaintiff has filed Sum. Suit. No.828/2021 against defendant and proposed defendant on behalf of Mrs. Rina Nilesh Chhadda on 27.08.2021. Therefore, he was knowing proposed defendants are partners of defendant. Plaintiff is trying to change nature of suit, after defendant filed reply to Summons for judgment. The plaintiff is trying to amend the suit to avoid to pay proper stamp duty on documents at Exh-A and B. Further, plaintiff wants to carry out amendment only to bring suit within limitation. The plaintiff has not properly explained the delay to add proposed defendants. Defendant has relied on ratio laid down in Radhika Devi Vs. Bajrangji Singh and Ors., (1996) 7 SCC 486.  The Chamber summons is not maintainable. Hence, Chamber summons may be dismissed with costs.
         Proposed defendant No.3 submitted that he is retired from defendant firm since 01.04.2016 and to support said contention filed copy of Deed-cum-Admission(Exh-A). It is further submitted that he was partner of defendant Firm since 01.04.2015 to 01.04.2016. The alleged promissory note was executed on 30.11.2016 at that time proposed defendant was not partner of defendant firm. There is no cause of action against this defendant. Therefore, he is not proper and necessary party in the present suit. Hence, Chamber summons may be dismissed with costs.
         Perused Chamber summons, reply of defendant, proposed defendant No.3, rejoinder filed by plaintiff to their reply and record of the case. Heard both parties. I have gone through case law cited on behalf of defendant. Plaintiff has taken out this Chamber summons to amend description of documents at Exh-A annexed to the plaint. Further, plaintiff wants to add proposed defendants as a party to the present suit, as they are Partners of defendant Firm.  On perusing plaint, it appears that it it contention of plaintiff that friendly loan was advanced to defendant on 30.11.2016 by RTGS. Further, defendant executed Bill of Exchange on 30.11.2016 at Exh-A annexed to the plaint. On perusing Exh-A annexed to the plaint, it is in Gujarati Language.  Plaintiff has not filed translated copy of the same. Further, in paragraph No.7 of plaint it is pleaded that defendant executed Bill of Exchange on 07.06.2017 at Exh-B. Plaintiff has filed said original Bill of exchange vide list Exh-10/1 and 10/2. It is the contention of plaintiff that at the time of filing of the suit original documents were misplaced. Therefore, document at Exh-A annexed to the plaint is described as Bill of Exchange instead of Demand Promissory note. It is contention of plaintiff that recently he found original documents, however, plaintiff has not specifically stated as to when original documents were found. There is difference between two documents i.e. Promissory note and Bill of Exchange. As Bill of exchange requires three parties and promissory not requires two parties.  It is surprising to note that how plaintiff can described demand promissory note as Bill of Exchange. Further, substituting a bill of exchange for Promissory Note, in my view, it is a material amendment, because these two documents have different characteristic and liabilities.  Therefore, if proposed amendment changes nature of suit, then such amendment cannot be allowed.
            Further,  so far as proposed defendants No.2 to 4 are concerned, it is contention of plaintiff that said proposed defendants are partners of defendant Firm and are liable for the suit transaction. Proposed defendant No.3 has contended that he is retired from defendant firm since 01.04.2016 and to substantiate said contention he has filed photocopy of Deed of retirement-cum-admission as Exhibit-A to his reply. Admittedly, proposed defendant No. 3 has not filed any document from Registrar of Firms to substantiate his contentions. Further, defendant has contended in his reply that  proposed defendants No.2 and 3 are retired from defendant firm since 21.04.2016. Thus, it appears prima facie that proposed defendants No.2 and 3 are retired from defendant firm prior to suit transaction, as suit transaction took place on 30.11.2016. Further, defendant has specifically contended that counsel for the plaintiff had represented one Mrs. Rina Nilesh Chhadda, who has filed Sum. Suit No.828/21 on 27.08.2021 against defendant and proposed defendants. Defendant has filed photocopy of said suit Exh-B to reply of defendant. On perusing said copy, it appears title clause it is specifically mentioned proposed defendants No.2 to 4 are partner of defendant. Therefore, it cannot be said that proposed defendants are partners of defendant was not in the knowledge of the counsel for plaintiff. Further, plaintiff has contended that recently they came to know that proposed defendants are partners of defendant firm. However, no specific date has been mentioned as to when plaintiff came to know that proposed defendants are partner of the firm. As per the plaintiff, cause of action arose against defendant firm on 01.06.2019. The present Chamber summons is taken on 16.04.2024. Thus, admittedly it appears that it is beyond period of three years. Therefore, I am of view that prayer of plaintiff to add proposed defendants as a party is barred by limitation. So far as, description of document at Exh-A i.e. Bill of exchange, there is no avernment in the plaint to show that it is described as demand promissory note. Further, plaintiff is carrying out proposed amendment after filing reply to Summons for judgment by defendant wherein defendant has specifically taken a plea that alleged Bill of Exchange is insufficiently stamped. It appears that plaintiff is trying to wash out defence of defendant in reply to the Summons for judgment. Therefore, I am of view that ratio laid down in case law cited supra on behalf defendant is applicable to the fact of the present case.  Thus, I am of view that plaintiff has not properly explained delay to carry out proposed amendment. Hence, I proceed to pass following order-
Order
1.      Chamber summons No.1034 of 2024 is hereby dismissed.
2.      No order as to costs.
3.      Chamber summons No.1034 of 2024 disposed of accordingly.
Matter is adj to 28.01.2026 for hearing Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
Adv.  Forum Mehta i/b Markand Gandhi and Co. for defendant is present through video conference.
Matter is adj to 24.02.2026 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-02-2026

Date: 24-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Priti Gada for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Adv. Khushbu Chughani for defendant is present through video conference.
Matter is adj to 25.03.2026 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-03-2026

Date: 25-03-2026
Business: Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-04-2026

Date: 27-04-2026
Business: P O IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-06-2026

Date: 24-06-2026
Business: Adv Hardik Desai for defendant present.
Matter is adj to 29.07.2026 for hearing on SJ.
                                                                                       Judge
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-07-2026

Date: 29-07-2026
Business: Adv. Preeti Gada for plaintiff is present and file an adjournment application. TOR and marked as Exh..12
Adv. Hardik Desai for defendants is present.
Matter is adj to 09-09-2026 for Settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 09-09-2026

Date: 09-09-2026
Business: The plaintiff and his advocate are absent.
Adv Vignesh Mane for defendants is present.
Matter referred for mediation.
Matter is adj to 19-10-2026 for Mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 19-10-2026

CHAMBER SUMMONS/101034/2024
SUMMONS FOR JUDGT/100037/2023
NOTICE OF MOTION/101895/2021

Registration Number: 100333/2022
Transfer Date: 13-03-2020
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 32 -

Registration Number: 100333/2022
Transfer Date: 30-03-2022
From Court: 32 - COURT 32 ADD. SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100333/2022
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 113922/2019
Filing Date: 16-12-2019
First Hearing Date: 14th February 2020
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE