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Commercial Suit

Rasikkumar Kundanmal JainVsAmrut Shivji Gada

CNR MHCC01000069202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 13th August 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100035/2020
Registration Date
20 Jan 2020

Advocates

2

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 37

Case History / Proceedings

Case History
Date: 18-02-2020
Business: Nobody present when called at 11.05 am.
Kb
Later on at 12.35 pm
Adv. for defendant present.
Adv. Mohan Kanojiya filed vakalatnama on behalf of defendant. t.o.r.
Adjd for hearing to 20/02/2020
Next Purpose: HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Ramesh Jain for plaintiff present.
Adjd for hearing to 27/02/2020
Next Purpose: HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Nobody present when called at 11 am
kb.
L.O. at 3 pm
Adv. Ramesh Jain for plaintiff present.
Adv. for plaintiff filed affidavit of service. t.o.r. The affidavit of service of Divya Ghadigaonkar shows that it is duly served to the defendant. Defendant failed to file appearance till date.
Adjd for ex parte orders to 18/03/2020.
Next Purpose: ORDER
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Adv for plaintiff is present.
None for deft.
Adjourned for appearance to  7.04.2020.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR APPERANCE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: National Lockdown
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Business: National Lockdown
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Both parties and their advocates are absent when called out.
Defendant is not appeared despite of service of writ of summons. Hence, this suit is proceed (ex-parte) against the defendant.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh. 5 – Service affidavit filed by plaintiff.
Adjourned for (ex-parte) evidence to 29.01.2021.
                                                                                 Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 02-03-2021 for hearing (ex-parte)
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
On perusal of proceedings, VP of Adv. Kanojia is on record, presented on 18.02.2020. it is considered in roznama. It is marked as Exh.6. Defendant is failed to file WS. Hence suit to proceed No WS.
Matter is adjd.to 03.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: None for both side.
Matter is adjd.to 19.06.2021 for hearing no W.S.
Next Purpose: HEARING
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT  (C.R.NO.31)
Both parties and their advocates are absent when called out.
Matter is adjd.to 17-08-2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd.to 25-08-2021 for R/E of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: None for plaintiff.
On perusal of record it appears that no Written Statement order is already passed on 19-03-2021 and matter is kept for evidence of plaintiff. The plaintiff is directed to lead evidence on or before the next date failing which necessary order will be passed.
Matter is adjd.to 24-09-2021 for R/E (ex-parte).
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None for plaintiff.
Matter is adjd.to 20-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Adv. Ramesh Jain  for plaintiff along with witness Rasik Kumar Jain present and filed evidence affidavit of witness    Rasik Kumar Jain   t.o.r. and marked as Exh.7
He also filed list of documents t.o.r. and marked as Exh. 8
He also filed statement of truth t.o.r. and marked as Exh.9
Oath is administered  to witness    Rasik Kumar Jain . He stated on Oath that evidence affidavit Exh.7  bears his signature and contents therein are correct. He also proved documents filed with list Exh.8 and they are Exhibited as under -
Exh. 10 – Dishonored Cheqeue no. 520592 dtd 17-07-2018.
Exh. 11 – Memo of dishonored dtd. 02-08-2011
Exh. 12 colly –  Plaintiff’s advocate’s letter dtd. 23-02-2021 with postal receipts and acknowledgment.
Exh. 13 –   Evidence close pursis filed by the plaintiff – seen.
Matter is adjd.to  25-11-2021  for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None for plaintiff.
Adv. Mohan Kanojia for defendant present and  tendered draft NM with supporting affidavit t.o.r. and Leave is granted to register the NM.
Copy of  draft NM  is placed on record for plaintiff.
Kb LO
Adv. Ramesh Jain for plaintiff present and received copy of draft NM.
Matter is adjd.to 08-12-2021 for filing registered NM and
reply. (2.45pm)
Next Purpose: FOR___________________
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None for plaintiff present.
Adv. Mr. Mohan Kanojia for defendant present and filed registered Notice of Motion No. 3098/2021.  T.O.R.  He submitted that copy of n/m is served upon the plaintiff as per received signature at the backside of the n/m.
K.B. at 2.45 p.m. L.O.
Adv. Mr. Ramesh Jain for plaintiff present and submitted that one date may be given for filing n/m reply.
Matter is adjd.to 29-01-2022 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: Adv. Mr. Ramesh Jain for plaintiff present  and prayed for adjournment – short date be given.
None for defendant.
Matter is adjd.to 05-02-2022 for n/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: Adv. Ramesh Jain  for plaintiff present.
Adv. Mohan Kanojiya for defendant present.
Matter is adjd.to 01-03-2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Ramesh Jain for plaintiff present and he has given say at the backside of NM No. 3098/21.
Adv. Akash Gaonkar for defendant present.
Heard Ld. Adv. Ramesh Jain for plaintiff in NM No. 3098/21.
F.R.S.R. following order is passed in NM No. 3098/21 -
                                                  ORDER
1) Notice of Motion No. 3098/2021 is made absolute in terms of prayer clause (a) and (b).
2) The defendant is directed to file written statement on or before the next date of hearing.
3) The proceeding of N/m No. 3098/21 is closed.
Matter is adjd.to 19-03-2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None for plaintiff.
Adv. Mohan Kanojiya for defendant present and filed WS with statement of truth t.o.r. and marked as Exh.14.
He placed on record copy of Exh.14 for the plaintiff.
L.O.
Adv. Ramesh Jain for plaintiff present and received copy of Exh.14.
Matter is adjd.to  27-04-2022 for admission and denial
by the deft.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to 13-06-2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv. Mohan Kanojia for defendant present and seeks time to file affidavit of admission denial
None for plaintiff when called
Adjd for admission denial to 25/07/2022
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: PO on leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adv. Mohan Kanojia for defendant present.
Exh-15 Adv. for plaintiff filed application for withdrawal of suit.
Matter is referred to Lok Adalat. Issue notices to both parties to appear before Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Plaintiff present.
Ex-16 Application for withdrawal.
Ex-17 Award.
Order below Ex-1
In view of Ex-17 the matter is disposed off as withdrawn in Lok-Adalat
Court fees be refunded as per rules.
R and P be sent to Record department.
Nature Of Disposal: LOKADALAT
Disposal Date: 13-08-2022

Additional Case Details

Additional Case Details
Filing Number: 100059/2020
Filing Date: 02-01-2020
First Hearing Date: 18th February 2020
Decision Date: 13th August 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

3
Final Order 2
13 Aug 2022
Order Details: Other
Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :Commercial Suit/0100035/2020
Rasikkumar Kundanmal Jain Vs Amrut Shivji Gada
Date : 13-08-2022
Business : Plaintiff present. Ex-16 Application for withdrawal. Ex-17
Award. Order below Ex-1 In view of Ex-17 the matter is
disposed off as withdrawn in Lok-Adalat Court fees be
refunded as per rules. R and P be sent to Record department.
Nature of Disposal : LOKADALAT
Disposal Date : 13-08-2022
COURT 31 ADDL SESSIONS JUDGE
-- 1 of 1 --
Interim Order 1Full order available
01 Mar 2022

Order Details: Notice of Motion Pdf Text: N/m No. 3098/21 in Comm. Suit No. 35/2020. 1 Order. MHCC010100672021 Presented on : 04-12-2021 Registered on : 04-12-2021 Decided on : 01-03-2022 Duration : 0 years, 2 months, 25 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3098 OF 2021 IN COMMERCIAL SUIT NO. 35 OF 2020 Amrut S. Gada ...Applicant (Original Defendant) IN THE MATTER OF: Mr. Rasikkumar Kundanmal Jain ...Plaintiff Versus Mr. Amrut S. Gada…

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Order 1Full order available
01 Mar 2022

Order Details: Notice of Motion Pdf Text: N/m No. 3098/21 in Comm. Suit No. 35/2020. 1 Order. MHCC010100672021 Presented on : 04-12-2021 Registered on : 04-12-2021 Decided on : 01-03-2022 Duration : 0 years, 2 months, 25 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3098 OF 2021 IN COMMERCIAL SUIT NO. 35 OF 2020 Amrut S. Gada ...Applicant (Original Defendant) IN THE MATTER OF: Mr. Rasikkumar Kundanmal Jain ...Plaintiff Versus Mr. Amrut S. Gada…

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