Ayub Mohammed Rafique ShaikhVsUttam Thanmal Bhansali

Date: 28-02-2020
Business: Plaintiff present.
Defendant absent.
Adv. Husain for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed Re-joinder for Summons for Judgment. Matter is adjd to 14.03.2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Plaintiff present.
Defendant present.
Adv. Hussein for plff. Present.
Adv. For deft. Absent.
Plaintiff argument heard.
Matter is adjd to 17.03.2020 for S/J argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: As per Circular dated on 16.03.2020.
Hence matter is adjd to 17.06.2020 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: Due to Covid- 19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 19.01.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Court is on Leave.
Matter is adjd to 04.03.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mubashir Husain for the plff. Present.
Adv. Neeta Jain I/b Alochan Naik for the deft. Present.
Matter is adjd to 12.03.2021 for  S/J  Arguments/written argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Husain for the plff. present.
Adv. for the plff filed written argument. t.o.r.
Order - seen and filed.
L.O. At. 11.32 a.m.
Adv. Neeta Jain for deft. Present.
Adv. for the deft. filed written submission. t.o.r.
Order - seen and filed.
Copy given to other side.
Court busy in Ex-parte Judgments in following SUM suit. No. 618/19, 11/2020, 76/2020, 770/19 and 498/2020.
Matter is adjd to 17.03.2021 for S/J order.
Next Purpose: ORDER
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Husain for the plff. present.
Adv. Neeta Jain for the deft. present.
For reason separately recorded following order is passed.
ORDER
1. Summons for Judgment No.17/2020 is dismissed.
2. Defendant is allowed to defend the suit on the condition that he shall deposit amount of Rs.17,50,000/- within four weeks from today and file his written statement.
3. Costs in cause.
4. Summons for Judgment No.17/2020 is disposed off accordingly.
Matter is adjd to 15.04.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 20/07/2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 24.09.2021 for  compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: SHRI V.B. KAKATKAR ADDL SESSIONS JUDGE (C.R. NO.15) In-charge in C.R. No. 61
Matters  pertain to C.R. No. 61
Letter received from Hon\''ble High Court vide this Office Inward No.10746 dtd. 01.10.2021.
Matter already adjd to 10.11.2021 for Order of Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: CORAM H.H.J. SHRI. V.B. KAKATKAR (C.R. NO.15)
Matter pertains to C.R. No.61.
By precipee
Adv. Alochan Naik present for the defendants.
Exh-06 Application a/w receipts filed by defendant to taking W.S. on record TOR.  O - I have gone through the order passed by Hon\''ble High Court in interim application No.2458 of 2021 extending the time to deposit balance 50% amount before 28 October 2021 i.e. three weeks from 07.10.2021.  In view of Exh.c and Exh.e the written statement of defendant is taken on record.
W.S. of defendant filed TOR O- filed.
Matter is adjd to 07.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-01-2022

Date: 24-01-2022
Business: None present.
Matter is adjd for  compliance to 11-02-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: None present.
Matter is adjd for  compliance on 11-04-2022
Next Purpose: COMPLIANCE
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: PO IS ON TRAINING.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: As PO is busy in dictating Order in SJ No. 106/2021 in Sum SU No. 508/2021 and R/E in Sum Su No. 643/2014 and SC  No. 1884/2019 and SC 92/20.
Matter adjourned to 26/08/2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-08-2022

Date: 26-08-2022
Business: As the Court time of Civil Board is over, hence board discharged.
Matter adjourned to 11.10.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: None for the parties.
Matter is adj to 16/12/2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-12-2022

Date: 16-12-2022
Business: None for plaintiff.
None for defendant.
No draft issues are filed.
Issues are framed.  (Exh-8)
Matter is adj to 13/03/2023 for plaintiffs evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Plaintiff and his Adv.Mubashir Hussein i/b Hussain and Company are present.    He filed affidavit of evidence of Shri.Ayub Mohammed Rafique Shaikh (Exh-9)
He also filed list of documents (Exh-10)
Order-Defendant to say on admission/denial.
Adv.Alochan Naik for defendant present.
Defendant to supply copy of written statement to the plaintiff within two weeks from today.
Matter is adj to 14/06/2023 for reply on admission/denial.
Next Purpose: REPLY
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Both parties and their advocate absent.
Matter is adj to 08.09.2023 for reply of admission and denial.
Next Purpose: REPLY
Next Hearing Date: 08-09-2023

Date: 08-09-2023
Business: Presiding officer is on leave.
Next Purpose: REPLY
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Matter is adj to 27.02.2024 for filing reply to admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Court  is on Leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Hussain for plaintiff is present.
The defendant and his counsel are absent.
Keep back for hearing on admission and denial of documents.
Later on at 1.22 pm
Adv. Hussain for plaintiff is present.
Adv. for defendant is present (appearance is not given) and requested time to file reply to the admission and denial of documents.
The matter is pending for filing reply to admission and denial of the documents since 14.06.2023. The defendant has failed to file reply. He is seeking adjournment to file the reply. Matter is adjourned subject to costs of Rs.1,000/- to be paid to the plaintiff on or before next date.
Copy of reply be served in advance to the plaintiff.
Matter is adj to 14.06.2024 for filing reply to admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-06-2024

Date: 14-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mubashir Hussein i/b Hussein and Co. for plaintiff is present.
Adv. Alochan Naik for defendant is present and filed reply to Exh-10. Taken on record. It is marked as Exh-10A   .
Heard both sides on admission and denial of documents.
Matter is adj to 16.07.2024 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-07-2024

Date: 16-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Adv. Mubashir Hussein for plaintiff is present.
Adv. Dev Pola for defendant is present.
Perused documents filed by the plaintiff vide list Exh-10, document at Sr. No.2 are original chequess and hence, it is marked as Exhibits.
Document at Sr. No.3 is photocopy of notice, document at Sr. No.4 original postal receipt along with postal track report print out. Hence, document at Sr. No.3 cannot be marked as Exhibit.
So far as document at Sr. no.1 plaintiff to satisfy whether it requires to pay stamp duty on promissory note.
Exh-11(colly) Original Cheque Nos. 349185, 349186 and 349190 drawn on Bank of India, Kandivali Branch in favour of plaintiff duly signed and issued by the defendant.
Matter is adj to 30.08.2024 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: P.O. IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-10-2024

Date: 18-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mubashir Hussein for plaintiff is present and filed draft Notice of Motion to lead secondary evidence along with affidavit in support. O-Leave is granted to register the draft Notice of Motion. Copy is served to other side.
Adv. Dev Pola for defendant is present.
Heard counsel for plaintiff on exhibiting documents at Sr. No.1.
Matter is adj to 04.12.2024 for filing registered notice of motion and reply to notice of motion.
Next Purpose: REPLY
Next Hearing Date: 04-12-2024

Date: 04-12-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mubashir Hussein for plaintiff is present and filed registered Notice of Motion No.5341/24 along with affidavit in support.
Adv.  for defendant is present. (appearance is not given)
Matter is adj to 10.01.2025 for filing reply to Notice of Motion
Next Purpose: REPLY
Next Hearing Date: 10-01-2025

Date: 10-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff is present.
Adv. Dev Pola for defendant is present through video conferencing and requested for adjournment to file reply to NM. Adjournment is granted.
Matter is adj to 10.02.2025 for filing reply to NM.
Next Purpose: REPLY
Next Hearing Date: 10-02-2025

Date: 10-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
The defendant and his counsel are absent.
Defendant is given last chance to file reply to Notice of Motion.
Matter is adj to 07.03.2025 for filing reply to Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 07-03-2025

Date: 07-03-2025
Business: P.O. IS ON HALF DAY LEAVE (MORNING SESIONS)
Next Purpose: REPLY
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
As court is busy in dictating Ex-parte judgment in Sum. No.363/22, 595/23, 598/23, 881/22, 957/22, 1040/23 and dictating order on SJ No.1/23 and 165/23, remaining board is discharged. Parties are liberty to file applications and documents, if any.
Matter is adj to 11.07.2025 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 11-07-2025

Date: 11-07-2025
Business: PO IS ON LEAVE
Next Purpose: REPLY
Next Hearing Date: 03-09-2025

Date: 03-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Husein for plaintiff is present through video conferencing
Adv. Dev Pola for defendant No.1 is present through video conferencing and requested for adjournment. Adjournment is granted.
Matter is adj to 11.09.2025 for filing reply to Notice of Motion/hearing on it.
Next Purpose: REPLY
Next Hearing Date: 11-09-2025

Date: 11-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Adv. Dev Pola for defendant No.1 is present through video conferencing and requested for adjournment. Adjournment is granted.
Matter is adj to 26.09.2025 for filing reply to Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Defendant No.1 is given last chance to file reply to Notice of motion.
Matter is adj to 29.10.2025 for filing reply to Notice of Motion.
Later on at 12.36 pm
Plaintiff in person is present.
Adv. Nita Jain for defendant is present through video conferencing
Matter is adj to 29.10.2025 for filing reply to Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 29-10-2025

Date: 29-10-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Shrushti Patil h/f Adv. Alok Jain for defendant No.1 is present through video conference and requested for adjournment to file reply to Notice of Motion. Adjournment is granted as a last chance.
Matter is adj to 17.11.2025 for filing reply to Notice of Motion.
Later on at 12.54 pm
Plaintiff in person is present.
Matter is adj to 17.11.2025 for filing reply to Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 17-11-2025

Date: 17-11-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Adv. Husain for plaintiff is present through video conference.
Adv. Dev Pola for defendant is present through video conference and requested for adjournment
The matter is pending for reply on notice of motion since last one year. Defendant failed to file reply. Hence, Notice of motion be proceeded without reply.
Matter is adj to 10.12.2025 for hearing on Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2025

Date: 10-12-2025
Business: Plaintiff in person is present.
Adv. Hussain for plaintiff is present.
Adv. Alochan Naik for defendant is present through video conference.
Heard advocate for plaintiff on Notice of Motion.
Matter is adj to 07.01.2026 for hearing on Notice of Motion by defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2026

Date: 07-01-2026
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2026

Date: 12-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person present.
Adv. Mubashir Hussain for plaintiff is present.
The defendant and his counsel are absent.
Defendant failed to argue on the Notice of Motion. Notice of motion is kept for order.
Matter is adj to 25.02.2026 for order on Notice of Motion.
Next Purpose: NM  ORDERS
Next Hearing Date: 25-02-2026

Date: 25-02-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Adv. Mubashir Hussein for plaintiff is present.
Adv. for defendant No. 1 is present.
F. R. S. R. the following order is passed on NM No. 5341 of 2024.
Order
1. Notice of Motion  No. 5341/2024  is allowed.
2.Documents filed at Sr. No. 3 and 4 vide List Exh.10 be exhibited.
3. Notice of Motion  No.5341/2024 is disposed of  accordingly.
Exh-12(colly) Original Cheque No. 349185, 3491856, 349190 drawn on Bank of India, Kandivali Branch.
Exh-13(colly) Copy of demand Notice dated 13.11.2019 along with postal receipt and postal track report.
Matter is adj to 11-03-2026 for exhibiting the documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-03-2026

Date: 11-03-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Adv. Mubashir Hussain for plaintiff is present.
Adv. Dev Pola for defendant No.1 is present and requested for adjournment. Adjournment is granted.
Matter is adj to 18.03.2026 for hearing on admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-03-2026

Date: 18-03-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Mubashir Hussein for plaintiff is present.
Adv. Alochan Naik for defendant No. 1 is present and filed objection on behalf of defendant on document at Sr. No.1 of the compilation of documents of plaintiff. TOR and marked as Exh-14.
Heard advocate for both sides on admission and denial of documents.
Matter is adj to 09.04.2026 for marking of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-04-2026

Date: 09-04-2026
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv for plaintiff is present.
Adv Dev Kola for defendant is present through VC.
Perused documents filed by plaintiff vide list Exh.10/1 i.e. original promissory notes. It is submitted on behalf of plaintiff said promissory note is payable on demand. Therefore, as per Article 49 of Stamp Act, 1899, it is properly stamped. He relied on ratio laid in Bharat Nidhi Limited  V/S Sheetal Prasad Jain,  2000 (54) DRJ1 and Aman Gulyani V/S Pravin Kumar, (2000) 124 PLR 16. Hence, document at sr. no.1 marked as Exh.1. on the other hand it is argued on behalf of the defendant that, document at Sr. no.1 is not properly stamped therefore, it can not be read evidence as Section 33 of Indian stamp Act 1899. Further, said document needs tobe impounded as per section 35 of Indain stamp Act 1899.
           Perused document filed by plaintiff vide list exh.01 i.e. original promissory note and say of defendant. Heard both parties. I have gone through case laws cited on behalf of plaintiff. On perusing said promissory note it appear it is return on non judicial stamp paper of Rs.100. further, amount of loan Rupees 35 Lakh. The amount is to be returned by the defendant on demand after giving written notice. Thus, it appears that, said promissory note is amount payable on demand. Therefore, as per article 49 sub clause (iii) stamp duty is 15 paise. further, in view ratio laid down in case laws cited supra on behalf of the plaintiff, document at sr.no.1 filed vide list Exh.10 is admissible in evidence. Further it is properly stamped. Therefore, I am view that, it need to be exhibited. Hence, promissory note dated 17-09-2019 be exhibited.
Exh.15-  Original promissory note dated 17-09-2019.
Matter is adj to 15-06-2026 for cross-examination of PW1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-06-2026

Date: 15-06-2026
Business: None present.
Kept back
Later on at 12.07 pm
Adv. for plaintiff is present through video conferencing and requested for adjournment. O- Granted, time is granted as last chance.
Adv for defendants is present through video conferencing
Matter is adj to 14-07-2026 for cross of PW1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2026

Date: 14-07-2026
Business: Plaintiff is present.
Adv Mubashir Hussen for plaintiff is present.
Adv Alochan Naik for defendant is present.
kept back
later on at
Plaintiff is present.
Adv Mubashir Hussen for plaintiff is present.
Adv Alochan Naik for defendant is present.
PW1 is present.
Cross examination of PW1 is recorded.
kept for further cross of PW1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 27-07-2026

Date: 27-07-2026
Business: Adv Samreen Ansari  for plaintiff is present and orally asked for adjournment.O-It is granted.
PW1 is present.
Adv Dev Pola for defendant is present through VC.
kept for further cross of PW1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-08-2026

Date: 21-08-2026
Business: Plaintiff is present.
Adv. Alvina Shaik for plaintiff is present.
Adv Alochan Naik for defendants is present.
Matter is adj to 28-09-2026 for Recoding evidence P.H..
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-09-2026

NOTICE OF MOTION/105341/2024
SUMMONS FOR JUDGT/100017/2020

Registration Number: 100057/2020
Transfer Date: 16-01-2020
From Court: 40 - COURT 40 ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100057/2020
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100057/2020
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 113962/2019
Filing Date: 16-12-2019
First Hearing Date: 28th February 2020
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE