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SUIT - SHORT CAUSE CIVIL SUIT

Healthindia Insurance TPA Services Pvt. ltd.VsYogesh T. Berewala

CNR MHCC01000079202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 20th January 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100083/2020
Registration Date
07 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    The Collection of Statistics Act 2008 · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-01-2020
    Business: P.O. is on Leave.
    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: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 07/01/2021 for ex-parte evidence.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: None present for Plaintiff/s.
    Plff to file affidavit of service of writ of summons.
    As nobody is present for Plaintiff today, matter is adjd.for appearance of Defendant to 07.04.2021.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present for both the parties.
    As nobody is present for both the parties, considering the present Pandemic condition, matter is adjourned at same stage to 23.06.2020.
    Judge
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Court is on leave.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Adv Mr. Manoj Agiwal present for plff. and seeks time to file affidavit of service of writ of summons. O- Time granted till next date.
    None present for deft.
    Matter is adjd. for affidavit of service to 19.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Plaint at Exh.1.
    Vakalatnama of Adv for the plff at Exh.2.
    Memorandum of address of the plff at Exh.3.
    List of documents at Exh.4
    Adv. Manoj Agiwal for the plaintiff present and filed affidavit of service of writ of summons at Exh.5.
    None present for deft.
    Considering the present Pandemic condition and SOP is issued by Hon’ble High Court, matter adjourned for appearance of defendant/Order to 28/03/2022.
    Judge
    Next Purpose: ORDER
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Court is on Leave
    Next Purpose: ORDER
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: None present for plaintiff.
    None present for defendant.
    Plaintiff to produce postal booking reports.
    Matter adjd to 25.07.2022 for order against deft.
    Judge
    LO at 11.30 am,
    Adv.Manoj Agiwal for plaintiff present.
    Matter adjd to 25.07.2022 for order against deft.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: None present for plaintiff.
    None present for Defendant.
    Order below Exh-1.
    Read the service affidavit Exh-5
    Defendant is absent suit to proceed Ex-parte against the defendant
    Matter adjd to  for 06.10.2022
    Judge
    Next Purpose: ORDER
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None present for both sides.
    KB
    LO at 05.45 pm
    None present for both sides. Evidence is not adduced. Keep for order.
    Matter adjd to 07.01.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv.Kashmira Sanghavi for plaintiff present.
    KB
    LO at 11.50 am
    Plaintiff through its authorised representative Mr.Uma Shankar Yadav (PW-1) is present.
    Adv.Kashmira Sanghavi for plaintiff present and filed application for leading secondary evidence t.o.r. and marked as Exh.6.
    Order on Exh.6
          Read the application. Heard the plaintiff advocate. The original of power of attorney-Sr.No.1, Aadhar card-Sr.No.2, TPA license-Sr.No.4, original of bank statement-Sr.No.18 are available for verification and comparison, hence, application to lead secondary evidence is allowed.
    She also filed affidavit of evidence of Mr.Uma Shankar Yadav (PW-1) t.o.r. and marked as Exh.7. It is read and recorded.
    Compilation of documents t.o.r. and marked as Exh.8.
    Matter adjd to 24.02.2023 for admissibility of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Adv. Kashmira Sanghavi h/f Adv. Agimal for plaintiff present.
    None for defendant.
    Matter adj. to 01-04-2023   for production of original documents / admissibility of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: None present for both sides.
    KB
    LO at 11.40 am
    None present for both sides.
    KB
    LO at 11.45 am
    None present for both sides.
    KB
    LO at 11.50 am
    None present for both sides.
    KB
    LO at 12.10 pm
    Adv.Manoj Agiwal for plaintiff present and filed additional compilation of documents. TOR and marked as Exh.9.
    He produced the original power of attorney for verification with document No.1 in list Exh.8. It is verified with the copy at Sr. No.1 of list Exh.8. Original is returned to the plaintiff\''s advocate.
    Heard the Ld.Adv.for the plaintiff on documents.
    Matter adjd to 27.04.2023 for exhibition of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: 27.04.2023
    (21)
    CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
    FOR GREATER MUMBAI, (C.R.No.62)
    SU
    83/20
    Adv. Ms. Kashmira Sanghavi for plaintiff present.
    None present for defendant.
    K.B.
    L.O. at 1.30pm
    Matter adj. to  5.07.2023  for admission denial.
    Judge
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Kashmira Sanghvi for plaintiff present.
    None for defendant
    Heard Ld. Counsel for the plaintiff on admissibility of documents produced on record.
    Matter is adjd.to 18-08-2023 for order on admissibility of documents.
    Next Purpose: ORDER
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None for plaintiff.
    None for defendant
    Next Purpose: ORDER
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 19-10-2023 for order on document.
    Next Purpose: ORDER
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Kashmira Sanghavi  for plaintiff present.
    None for defendant.
    The plaintiff filed additional affidavit of Mr. Umashankar Yadav. It is taken on record marked as Exh.10.  It is stated that the original postal receipt bearing no. RM 058243275IN dtd. 18-05-2019 has been lost and hence the plaintiff be permitted to lead secondary evidence in the form of photocopy of the said receipt which is filed on record vide serial no. 7A enlisted in Exh. 8. Considering the said statement made on affidavit the same is accepted and the plaintiff is permitted to adduce evidence in respect of the said postal receipt in the form of photocopy thereof. Hence, the said photocopy of the postal receipt is admitted in evidence and marked as Exh.11
    Matter is adjourned to 16-01-2024 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Adv. Manoj Agiwal for Plaintiff present and filed evidence close pursis t.o.r. and marked as Exhibit-12 -seen.
    None for defendant present.
    Heard Adv. Manoj Agiwal for the plaintiff.
    Matter stands adjourned on 20.01.2024 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Adv Mr. Manoj Agiwal for Plaintiff present.
    None for defendant present.
    Ex-parte judgment is pronounced. Exh.13.
    F.R.S.R. following order is passed
    ORDER
    1. S.C. Suit No.83/2020 is decreed.
    2.The defendant is directed to pay amount of Rs.1,16,623/- (Rupees One Lakh Sixteen Thousand Six Hundred and Twenty Three Only) to the plaintiff within three months from the date of decree.
    3. The defendant is further directed to pay interest at the rate of 9%  per annum on the principal amount of Rs.1,10,700/- from the date of the suit till realization.
    4. The defendant shall bear the costs of the suit.
    5.  Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 20-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100045/2020
    Filing Date: 02-01-2020
    First Hearing Date: 28th January 2020
    Decision Date: 20th January 2024
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Jan 2024

    Order Details: Copy of Judgment Pdf Text: Suit No.83/2020 1 Ex-parte Judgment (Exh.13). MHCC010000792020 Presented on : 02.01.2020 Registered on : 02.01.2020 Decided on : 20.01.2024 Duration : 04 Y, 00 M, 19 D IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. S. C. SUIT NO. 83 OF 2020 Exh.13. HEALTHINDIA INSURANCE TPA ) SERVICES PVT LTD ) A company incorporated under ) the Companies Act, 1956 ) CIN U67200MH1997PTC105960 ) having its registered office at – 1114, ) Raheja…

    Read Full Order

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