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Commercial Suit

Danji Nanji BabariaVsGanesh Govind Karawade +1 more

CNR MHCC01000231201832-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 09th September 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100339/2021
Registration Date
01 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-07-2018
    Business: Adv. Ramesh Jain for Plaintiff present.
    Adv. Gayatri Shigvan for Defendant present.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for defendant has filed vakalatnama alongwith application, TOR.
    Matter is adjd. to 02/11/2018 for Taking out S/J by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: Matter transferred from Cr. no.28.
    Adv. Ramesh jain Present for the Plff.
    Adv. Mrs. Gayatri Present for the Deft. no.1.
    Deft no.2 reported Expired. Hence plff to take steps
    Ld counsel for the Plff sought time to take necessary steps.
    Hence kept for Lrs steps on 06/12/2018.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: As court is on leave
    Matter is adj to 11/01/2019
    Next Purpose: FOR___________________
    Next Hearing Date: 11-01-2019
    
    Date: 11-01-2019
    Business: Adv for plff. Absent
    Adv for deft Mr. Tiwari present
    Matter is Adjd for Steps/SJ by plaintiff on 20/02/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2019
    
    Date: 20-02-2019
    Business: Matter transferred from Cr. no.09.
    None Present for the Plff.
    Adv. K. Tiwari Present for the Deft. no.1.
    Deft no.2 reported Expired. No further steps taken since long. Hence suit against deft no.2 abated.
    None Present for the Plff. No steps taken to file SJ. Hence suit kept for order of dismissal on 20/04/2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Matter transferred from Cr. no.09.
    None Present for the Plff.
    Adv. K. Tiwari Present for the Deft. no.1.
    None Present for the deft. no.2 reported expired. Suit abated.
    No further steps taken by plff. Hence matter kept for DID order on 20/07/2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-07-2019
    
    Date: 20-07-2019
    Business: Plaintiff absent.
    Defendant present.
    Advocate for plaintiff absent.
    Advocate for defendant absent.
    Matter adjd to 28.08.2019 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Matter called out(11.58am)
    None present for plaintiff.
    Defendant no.1 in person present.
    Matter adj for dismissal on 11/09/19.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Plaintiff and his advocate absent.
    Adv.K.Tiwari for defendant no.1 present.
    Matter adj for dismissal on 18/10/19.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: None present.
    KB
    L.O. at 12.45
    Adv. Sapkal for plaintiff present, he requested for keep back.
    Adv. K.Tiwari for defendant No.1 present.
    Defendant No.1 present.
    Advocate for plaintiff filed application to remove the matter from caption of dismissal.
    Order - Granted. Posted for steps.
    Matter adj for steps to 04.12.2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: P.O. is on Training, Board is discharged..
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Plaintiff absent.
    Defendant no.1 present.
    Defendant no.2 expired
    Adv. For plff. Absent.
    Adv. For deft. Absent.
    Matter is adjd to 12.03.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Plaintiff absent.
    Defendant no. 1 present.
    Adv. Ramesh Jain for plff. present.
    Adv. For deft. Absent.
    Matter is adjd to 13.04.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff. Present.
    Matter is adjd to 10.02.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: .O. is on leave.
    Matter is adjd to 12.03.2021  for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff present.
    Matter is adjd to 21.04.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 20/07/2021 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: None present for plaintiff.
    Defendant No. 1 Inperson present.
    Matter is transferred to Court Room No. 14.
    Matter adjd on 04.08.2021 for  taking setps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O. is on leave, hence adjd
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: None for plaintiff.
    Adv. Ganesh Waghmare for deft. no.1 present.
    Exh.7 -  Vakalatnama filed on behalf of deft. no.1 by Adv. Ganesh Waghmare.  T.O.R.
    Proceedings sheet shows that deft. no.1 appeared on 20.07.2018. Already time stipulated for filing written statement is elapsed.  Therefore, suit to proceed without written statement of deft. no.1.
    The matter is adjd for no W/S evidence to 23.09.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Sharikh Khan h/f. Adv. Ganesh Waghmare for deft. no.1 present.
    Perused the roznama.  Suit is filed under Order 37 of C.P.C.  On 30.07.2018, deft. appeared before the Court.  Thereafter, matter is posted for taking out summons for judgment.  Deft. no.2 reported to be dead.  No steps are taken by the plaintiff. Therefore, as per order dated 20.02.2019, suit as against deft. no.2 is abated.  Thereafter, matter was posted for taking steps by the plaintiff but, plaintiff has not taken the steps.  On 20.08.2021, Adv. Ganesh Waghmare filed vakalatnama on behalf of deft. no.1.  On that day, no W/S order was wrongly passed. Therefore, no W/S order dated 20.08.2021 is set aside.  Plaintiff to take further steps.  Parties are directed to follow Order 37 of C.P.C.
    The matter is adjd for steps to 12.10.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: None for plaintiff.
    Adv. Sharikh Khan for deft. no.1 present.
    K.B.
    L.O. at 12.50 pm.
    Adv. Ramesh Jain for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for taking steps to 29.11.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for taking steps to 06.01.2022.
    L.O. at 02.55 pm.
    Adv. Sharikh for deft. no.1 present.
    The matter is already adjd for taking steps to 06.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Adv. Ramesh Jain for plaintiff present. He tendered draft S/J.  Leave to register and serve S/J upon deft. no.1 is granted.
    The matter is adjd for service of S/J to 25.01.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: None for plaintiff.
    Adv. Sagar Tambe h/f. Ganesh Waghmare for deft. No. 1 present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for filing service affidavit of S/J to 25.02.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv. Ramesh Jain for plaintiff present.  He sought time for filing service affidavit of S/J.  Time as prayed for is granted.
    The matter is adjd for service affidavit of S/J to 16.03.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: None for plaintiff.
    Deft. no.1 present.
    K.B.
    L.O. at 01.05 pm.
    Adv. Ramesh Jain for plaintiff present.  He tendered registered S/J No.29/22.  T.O.R.
    The matter is adjd for filing service affidavit regarding service of S/J to 30.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Deft. no.1 present.
    Adv. Vighnesh Kajrolkar for deft. no.1 present.
    The matter is adjd for filing service affidavit to 18.04.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None for plaintiff.
    Adv. Ganesh Waghmare for deft. no.1 present.  Deft. no.1 present.
    The matter is adjd for filing service affidavit to 05.05.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: None for plaintiff.
    Adv. Sagar Tambe for deft. no.1 present.
    The matter is adjd for filing service affidavit of S/J to 16.06.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    K.B.
    L.O. at 03.00 pm.
    Adv. Sagar Tambe for deft. present.
    The matter is adjd for filing service affidavit regarding service of S/J to 05.07.2022.
    L.O. at 04.10 pm.
    Adv. Ramesh Jain for plaintiff present.
    Exh.8 - Adv. For plaintiff tendered service affidavit of S/J.  T.O.R.
    The matter is already adjd to 05.07.2022 now reply/hearing on S/J.
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None for plaintiff.
    Adv. Sagar Tambe h/f. Adv. Ganesh Waghmare for deft. no.1 present.  Deft. no.1 present.
    Adv. For deft. no.1 submits that summons for judgment is not served upon deft. no.1.
    Plaintiff has filed on record service affidavit (Exh.8) which shows that summons for judgment is served upon Adv. Gayatri Shigwan.  However, record shows that later on, Adv. Ganesh Waghmare filed vakalatnama on 20.08.2021 and he is appearing on behalf of deft. no.1.  Therefore, plaintiff is directed to serve S/J either upon deft. no.1 or his new Adv. Ganesh Waghmare.
    The matter is adjd for filing service affidavit of S/J to 28.07.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Kajolkar for deft. no.1 present.
    Copy of S/J is served upon Adv. For deft. no.1.
    The matter is adjd for reply to S/J to 08.08.2022.
    Next Purpose: REPLY
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Kajolkar for deft. no.1 present.  Deft. no.1 present.
    Deft. no.1 failed to file reply to S/J.  Therefore, S/J to proceed without reply of deft. no.1.
    The matter is adjd for hearing on S/J to 18.08.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Sonawane for deft. present.
    By consent, the matter is adjd for hearing on S/J to 26.08.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None for plaintiff.
    Adv. P.P. Powale for deft. no.1 present.
    Deft. No.1 present.
    The matter is adjd for hearing on S/J to 07.09.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: None present.
    The matter is adjd for hearing on S/J to 15.09.2022.
    L.O. at 03.30 pm.
    Adv. Akshay Kadam h/f. Adv. Ganesh Waghmare for deft. no.1 present.
    The matter is already adjd for hearing on S/J to 15.09.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: None for plaintiff.
    Adv. Akshay Kadam for deft. no.1 present.
    Adv. for deft no.1 tendered draft notice of motion. t.o.r.
    O.- Leave to register notice of motion is granted.
    The matter is adjd for service of N/M  to 28.09.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
    (Matter pertains to Court No.14.)
    None for plaintiff.
    Adv. Akshay Kadam for deft. no.1 present.
    Adv. for defendant no.1 tendered registered Notice of Motion No. 3447/22. T.O.R.
    The matter is adjd for service/reply of N/M. to 19.10.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: The Court is Vacant.
    Hence Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: The court is vacant.Hence, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: The court is vacant. Hence. matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Court is Vacant. Matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: Court is vacant. Hence, matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: SERVICE
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: Matter pertains to C.R.No. 14
    Adv. Ramesh Jain present with plaintiff Danji.
    Exh.09- Application filed by plaintiff for withdrawal of Suit.
    Adv. Ganesh Waghmare present for defendant.
    Matter adjourned to  09.09.2023 for Lok-Adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 09-09-2023
    
    Date: 09-09-2023
    Business: Adv. Ramesh Jain present with plaintiff.
    Defendant absent.
    ORDER
    In view of Exh. 9, the present matter is disposed off as withdrawn in Lok Adalat.
    Court fees if any be refunded as per rules.
    Exh. 10  Award.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 09-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100235/2018
    Filing Date: 06-01-2018
    First Hearing Date: 30th July 2018
    Decision Date: 09th September 2023
    Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    09 Sept 2023
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
    Case No. :Commercial Suit/0100339/2021
    Danji Nanji Babaria Vs 1. Ganesh Govind Karawade 2. Rajendra Dhakua Kander
    Date : 09-09-2023
    Business : Adv. Ramesh Jain present with plaintiff. Defendant absent.
    ORDER In view of Exh. 9, the present matter is disposed off
    as withdrawn in Lok Adalat. Court fees if any be refunded as
    per rules. Exh. 10 : Award.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 09-09-2023
    -- 1 of 1 --

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