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
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Protection 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
1Final Order 109 Sept 2023
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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