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SUIT - SHORT CAUSE CIVIL SUIT

Healthindia Insurance TPA Services Pvt LtdVsBhavik J Doshi

CNR MHCC01000088202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 16th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101647/2021
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: 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.1,31,613/-.  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.1,31,613/-. 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: 26-04-2022
    
    Date: 26-04-2022
    Business: AS PO IS ON TRAINING MATTER ADJD TO
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: None for plff
    None for defendant
    Matter is adjd on 07.09.2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Matter called out at 12.51 pm
    None for plff
    None for defendant
    Service affidavit shows that defendant served with writ of summons issued by RPAD.  Defendant has not appeared.  Suit shall proceed exparte against defendant
    Matter is adjd on 28.11.2022 for Exparte Hrg
    Next Purpose: HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: PO is on leave.  Hence, Board is discharged.
    Next Purpose: HEARING
    Next Hearing Date: 23-12-2022
    
    Date: 23-12-2022
    Business: Matter called out at 11.39 am
    CA of plff present
    Adv Kashmira Sanghi for plff present
    None for defendant
    Adv for plff tendered evidence affidavit of PW 1 Mr.Umashankar Yadav t.o.r marked as Exh 6
    O- R and R
    Adv for plff tendered list of documents a/w documents t.o.r marked as Exh 7
    Put up for submissions on exhibiting documents.
    Matter is adjd on 24.02.2023 for Hrg on doc.
    Next Purpose: HEARING
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Matter adjd to
    Next Purpose: HEARING
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: Adv.Manoj Agiwal for plaintiff present.
    Heard advocate for plaintiff.
    Perused the documents with list Exh. 7 and contents of evidence affidavit Exh. 6.
    Adv. for plaintiff produced original power of attorney dtd. 03/12/2019 for verification. The copy at Sr. No. 1 is verified from the original.
    Adv. for plaintiff tendered additional list of documents. TOR and marked as Exh. 8.
    Matter is adjd on 01-04-2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Matter called out at 11:30 am.
    None present for the plaintiff.
    None present for the defendant.
    Matter is adjd on  06.07.2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manoj Agiwal for plaintiff present.    He filed evidence closing pursis T.O.R marked as Exh-9.
    None for defendant.
    Matter is adj to 22/08/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for the plaintiff
    Matter is adj to 01/09/2023 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    kept back for judgment.
    Matter called out at 4.20pm
    None present.
    The plaintiff to explain the document which shows the payment of suit amount to the defendant.
    Matter is adj to 15/09/2023 for hearing/judgment.
    Next Purpose: HEARING
    Next Hearing Date: 15-09-2023
    
    Date: 15-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Manoj Agiwal for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for plaintiff.
    Matter is adj to 16/09/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Suit No.1647 of 2021 is partly decreed.
    F.R.S.R
    Dictated and pronounced in open court.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 16-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100046/2020
    Filing Date: 02-01-2020
    First Hearing Date: 28th January 2020
    Decision Date: 16th September 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Sept 2023

    Order Details: Ex-parte Judgement Pdf Text: Judgment in 1 Suit No.1647/2021 MHCC010000882020 Presented on : 02.01.2020 Registered on : 07.01.2020 Decided on : 16.09.2023 Duration : 3 Yr, 8 M, 14 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO. 1647 OF 2021. Exh. ....... Healthindia insurance TPA ] Services Pvt. Ltd. ] A company incorporated under the ] Companies Act, 1956 CIN ] U67200MH1997PTC105960 having its ] registered office at 1114, Raheja Centre,…

    Read Full Order

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