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SUIT - SHORT CAUSE CIVIL SUIT

Healthindia Insurance TPA Services Pvt. ltd.VsAshwin Kantilal Gandhi

CNR MHCC01000083202059-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
101534/2021
Registration Date
07 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Healthindia Insurance TPA Services Pvt. ltd.

    Respondent

    1. 1Ashwin Kantilal Gandhi

    Acts & Sections

    1
    The 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
Adjd to 05-07-2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2021

Date: 11-08-2021
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.86,142/-.  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.86,142/-. 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 28.08.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: Board is discharge.  Matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Reason For Adjournment: court time is over
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.1534/21 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: 24-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100050/2020
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

    1
    Final Order 1
    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 1534/2021
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.1534/21 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
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