SUIT - SHORT CAUSE CIVIL SUIT
Healthindia Insurance TPA Services Pvt. ltd.VsDinesh Durgadas Batra
CNR MHCC01000082202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th June 2022
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 101645/2021
- Registration Date
- 07 Jan 2020
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1The Collection of Statistics Act 2008 · Sec 9
Case History / Proceedings
Case History
Date: 28-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Manoj Agiwal for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff orally request to grant time to file affidavit of service.
Matter adjd to 16.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: None present
Adjd to 15-09-2020 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-11-2020
Date: 27-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2021
Date: 16-02-2021
Business: Adv. Manoj Agrawal for plaintiff filed
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Service Affidavit
Adjd for Ex-parte order to 05-07-2021
Next Purpose: ORDER
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Business: Adv. Mr. Belosay for Plff present.
None present for Deft.
Matter is adjd.to 22.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: The P.O. is on leave, hence matter is adjourned.
Next Purpose: ORDER
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: ORDER
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: None present.
Perused the proceeding sheet and plaint.
2. Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3. Section 12 of the Commercial Courts Act, 2015 makes a provision for determination of specified value. As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
4. Plaintiff is seeking recovery of the amount of Rs.1,34,240/-. It has also valued the suit for said amount. Thus, as per section 12(1)(a) of the Commercial Courts Act, 2015, specified value of the present suit would be Rs.1,34,240/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff. Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 30.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: Board is discharged. Matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
Next Purpose: COMPLIANCE
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: By Praecipe
Adv Manoj Agiwal for plff present
None for Defendant
Mr.Umashankar Yadav Authosrised Signatory of the plff is present.
Adv for plff tendered application to take matter on today\''s board t.o.r. marked as Exh.2
Order- Allowed.
Adv for the plff tendered application to withdraw the suit t.o.r. marked as Exh.3
Heard authorised signatory for the plff and adv for the plff. The application Exh.3 is filed alongwith resolution dated 30.12.2020. The plff seeks to withdraw the suit unconditionally as the claim is settled amicably outside the court. Therefore, application Exh.3 is allowed and the following order is passed below Exh.1
Order
1. SC Suit No.1645/2021 stands disposed off as withdrawn.
2. Issue court fee refund certificate as per rules.
3. No order as to costs.
R and P be sent to Record Department.
Nature Of Disposal: WITHDRAWL
Disposal Date: 24-06-2022Additional Case Details
Additional Case Details
Filing Number: 100049/2020 Filing Date: 02-01-2020 First Hearing Date: 28th January 2020 Decision Date: 24th June 2022 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
1Final Order 124 Jun 2022
24 Jun 2022
Order Details: Other Pdf Text: 24.06.2022 Coram: H.H.J. Shri. Sachin B. Pawar, Gr. Bombay (C.R.59) SU 1645/21 Exh.2 Exh.3 By Praecipe Adv Manoj Agiwal for plff present None for Defendant Mr.Umashankar Yadav Authosrised Signatory of the plff is present. Adv for plff tendered application to take matter on today's board t.o.r. marked as Exh.2 Order Allowed. Adv for the plff tendered application to withdraw the suit t.o.r. marked as Exh.3 Heard authorised signatory for the plff and adv for the plff. The application Exh.3 is filed alongwith resolution dated 30.12.2020. The plff seeks to withdraw the suit unconditionally as the claim is settled amicably outside the court. Therefore, application Exh.3 is allowed and the following order is passed below Exh.1 Order 1. SC Suit No.1645/2021 stands disposed off as withdrawn. 2. Issue court fee refund certificate as per rules. 3. No order as to costs. R and P be sent to Record Department. Judge -- 1 of 1 --
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