Date: 16-03-2020
Business: None present.
Matter adjd to 15/4/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
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: DIRECTIONS
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: DIRECTIONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 28-07-2020
Date: 28-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-10-2020
Date: 15-10-2020
Business: As Court is on leave
Next Purpose: DIRECTIONS
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 27/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-11-2020
Date: 27-11-2020
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 14/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 14.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None present for plaintiff.
None present for defendant.
Matter adjd to 08-02-2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken. Put up for order against plaintiff.
Matter adjd to 05.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: Adv.Ramesh Jain for plaintiff present. He seeks time to take steps. Granted as last chance.
None present for defendant.
Matter adjd to 19.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Adv Ramesh Jain for Plaintiff present.
None present for the deft.
Adv for Plaintiff has filed affidavit of service of summons. t.o.r. Exh. 2.
Defendant no. 1 served.
Defendant no. 2 not served.
Adv for the plaintiff filed an application for issuance of fresh summons, Exh.3 to defendant No. 2. O-\''Granted\''
Issue fresh summons to defendant no.2.
Matter adjd to 15.04.2021 for await service report of defendant no.2.
Next Purpose: REPORT
Next Hearing Date: 15-04-2021
Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 30.4.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 28.06.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 28-06-2021
Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 27.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 4.00 p.m.
None present. Service affidavit is not filed.
Matter adjd to 11.11.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.57 pm,
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered application for service of fresh writ of summons on defendant No.2, Exh.4 t.o.r.
O-Allowed to issue fresh writ of summons on defendant No.2.
Matter adjd to 20.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.16 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request adjd for service affidavit on 19.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: Adv. Ramesh Jain present for plaintiff.
None present for defendant.
Adv. for plaintiff fled application for extension of time for service of
suit summons.
O- Time is extended.
Matter is adjd 14.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 04.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff remained absent. Service affidavit is not filed. Kept for order against plaintiff.
Matter adjd to 25.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: HHJ on leave.
Next Purpose: ORDER
Next Hearing Date: 28-04-2022
Date: 28-04-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present.
KB LO 12.20
Adv. Ramesh Jain Present for Plff.
None Present for Deft no.1 and 2.
Ex.06 - adv of plff filed service affidavit of deft no.2 along with RPAD card. It shows that deft no.2 served with suit summons on 02/02/2022. As per service affidavit Ex.02 deft no.1 served with suit summons on in 17/03/2020. however deft no.1 and 2 did not appear till today. Hence suit be proceeded Ex-parte against them.
Adj. For Ex-parte Evidence on 06/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: Adv. Ramesh Jain present for plff and seeks time to file evidence. Granted.
None Present for Deft.
Adj. For Ex-parte evidence on 01/10/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-10-2022
Date: 01-10-2022
Business: Adv. Ramesh Jain present for plff and seeks time to file evidence. Granted.
Adj. For Ex-parte Evidence on 13/10/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Ramesh Jain Present for Plff and seeks time to file ex-parte evidence. Granted.
None Present for Deft.
Adj. For Ex-parte evidence on 03/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Ramesh Jain Present for Plff and seeks time to file Evidence. Granted.
None Present for Deft.
Adj. For Ex-parte Evidence on 23/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted as a last chance.
Adj. For Ex-parte evidence on 03/12/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Ramesh Jain Present for Plff.
None present for deft.
Ex.07- adv of plff has filed chief examination of PW-1 Sureshkumar Jain.
PW-1 absent.
Ex.08- adv of plff has filed list of document.
Adj. For Administering oath and Chief examination of PW-1 on 11/01/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: None Present for Plff.
None Present for Deft.
Adj. For Ex-parte on 18/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2023
Date: 18-02-2023
Business: Adv Ramesh Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 13/03/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Ramesh Jain for plaintiff present and seeks adjournment on the ground that witness is not available.
None present for defendant.
PW No.1 absent.
Case adjd for administering oath to PW No.1 to 18.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2023
Date: 18-03-2023
Business: Adv. Ramesh Jain for plff.present.
None for deft.present.
Adv. of plff seeks adjournment on the ground that is ill. Adjournment granted.
Case adjourned for Ex-parte evidence to 11.04.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: None present.
Adj. For Ex-parte evidence on 06/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: 06.06.2023
07
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C.R.NO. 32)
Comm Suit 378/2020
None present parties.
L.O.at 01.48 pm
Adv. Ramesh Jain for plaintiff present.
plaintiff’s witness absent.
On oral request of Ld. Adv. for plaintiff, Matter Adjd.
Adjd to 19/06 /2023 for ex parte evidence.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Court is on leave. Hence adjd.to
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: 01.07.2023
12
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 378/2020
None present for plaintiff.
K.B.
L.O. at 1.25pm.
Adv. Ramesh Jain for plaintiff present.
Witness present.
Ld. Adv. for plaintiff Identified the witness. The photo copy of Aadhar Card of witness verified.
Oath given to the witness and matter adjourned for marking of documents.
Adjd. to 05/07/2023 for ex- parte evidence and for marking of documents.
Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Ramesh Jain present for plff.
None present for deft.
KB LO 3.20 pm.
None present for plff.
Order- Matter was kept back for marking of documents. I noticed that the dispute in the present suit may not be a “Commercial dispute” as defined in section 2(1)(c) of the The Commercial Courts Act 2015. Hence Ld Counsel for the plff is hereby directed to first satisfy the court on the point of maintainability of the present suit as commercial suit.
Adj. for Hearing on the point of maintainability on 03/08/2023.
Next Purpose: HEARING
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Heard Ld. adv of plaintiff.
O- It appears from the contents of plaint that the plaintiff had advanced loan on interest to the defendant. The plaintiff is not a licensed money lender therefore, the dispute between the parties is not a “Commercial Dispute” as defined u/Sec. 2(1)(c) of the Commercial Courts Act,2015. Therefore, the Registry of this Court is directed to re-assign the suit to some another Court which is not a designated Commercial Court. Parties are directed to appear before the concerned Court after re-assignment order.
Matter is adj for compliance to 17/08/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2023
Date: 17-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Jain for plaintiff is present and filed evidence close pursis. TOR. It is marked as Exh-9.
Matter is adj to 25.08.2023 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
Matter is adj to 13.10.2023 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Jain for plaintiff is present.
Heard final arguments of counsel for plaintiff.
Matter is adj to 20.10.2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 20-10-2023
Date: 20-10-2023
Business: Adv. Ramesh Jain for plaintiff is present.
Court is busy in hearing and dictating order in other urgent matters.
Hence, Matter is adjn. to 25.10.2023 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 25-10-2023
Date: 25-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Jain for plaintiff is present.
FRSR following order is passed
Order
1)Summary Suit No.662/2023 is hereby partly decreed with costs.
2)The defendants shall pay an amount of Rs.5 lakhs to the plaintiff along with interest thereon at the rate of Rs. 6 percent p.a. from the date of filing the suit till its full realization.
3)The defendants are jointly and severally liable to pay the decreetal amount.
4)The plaintiff is entitled to get refund 2/3rd of court-fees paid by him.
5)Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 25-10-2023