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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Polycab Wire Pvt LtdVsM/s. Ivan Multitrading Pvt Ltd

CNR MHCC01000395201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 11th February 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100128/2018
Registration Date
01 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-03-2018
    Business: Adv. Ms.  Reshmi for plaintiff present.
    None for the defendant.
    Plaint
    Vakalatnama
    Address memo
    List of document.
    Adv. for plaintiff files affidavit of service along with postal seal packet having endorsement intimation and unclaimed Defendant absent, inspite of service. Hence, suit to proceed exparte against defendant.
    Latter on at 1.30pm.
    Adv. for plaintiff files application for issuance of fresh summons to defendant t. o. r. marked Exh. 6.
    Order- Allowed
    Matter is adj. to 22/06/2018 for Exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-06-2018
    
    Date: 22-06-2018
    Business: Adv. Rashmi Aramikar for Plaintiff present.
    None for Defendant.
    On the oral request of the ld. Advocate for plaintiff,
    Matter is adjd. to 20/08/2018 for Exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Court is on Leave.
    Matter is Adj for Ex-Parte Evidence on 29-09-2018
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Business: Adv. Reshmi Arabikar for Plaintiff present.
    None  for Defendant.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 20/11/2018 for Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-11-2018
    
    Date: 21-11-2018
    Business: P.o is on Mediation Training
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv for plff.Mr. Ramesh tiwari present
    He requested for adjournment
    O-Granted
    Matter is Adjd for Exparte Evidence 08/03/2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: H.H.J. is on Mediation Training
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: As the court is on leave
    Board is discharged and the
    matter stands adjd. To 19.08.2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adjd
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Both parties are absent.
    Matter adjd for  Ex-parte evidence to 06.12.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: P.O. is on Training, Board discharged..
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Rashami Tanbadkar for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed affidavit of evidence. Exh-7 Order-
    Adv. For the plff. Filed list of document. Exh-8 Order-
    Copy of the resolution dated 25.05.2018 at Sr.No.1 marked as Exh-9
    Copy of relevant pages of Minutes book pertaining to resolution dated 28.05.2018 at Sr.No.2 marked as Exh-10
    Copy of Purchase order dated 19.09.2014 at Sr.No.3 marked as Exh-11
    Copy of original terms and conditions of purchaser order sent by the defendant company to the plaintiff compay at Sr.No.4 marked as Exh-12
    Office copy of the original delivery challan cum ta invoice dated 14.11.2014 at Sr.No.5 marked as Exh-13
    Office copies of the three lorry receipts issued by baska bombay cariers and associated road carriers limited to the defendant company respectively evidencing the delivery of materials to the deft. Company at Sr.No.6 marked as Exh-14
    Copies of seven emails dated 20.10.2015 at Sr.No.7 marked as Exh-15
    Certificate dated 20.06.2018 at Sr.No.8 marked as Exh-16
    Copy of the letter of demand dated 03.03.2017 at Sr.No.9 marked as Exh-17
    Adv. For the plff. Filed evidence closing pursis. Exh-18 Order-
    Matter is adjd to 11.02.2020 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Representative of Plaintiff Present.
    Defendant absent.
    Adv. Rashmi Tambatkar for plff. Present.
    Judgment vide Exh-19 is pronounced and following order is passed.
                                    ORDER
    1. The defendant pay Rs.30,77,251/- (Rs. Thirty Lakh Seventy Seven Thousand Two Hundred Fifty One Only) to the plaintiff with interest at the rate of 12 percent per annum from the date of filing of the suit till its realization.
    2. Defendant do pay costs of the suit to the plaintiff.
    3. Decree be drawn accordingly.
    4. Court fee, if any, be refunded as per the rules.
    Nature Of Disposal: DECREED
    Disposal Date: 11-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100462/2018
    Filing Date: 10-01-2018
    First Hearing Date: 28th March 2018
    Decision Date: 11th February 2020
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Feb 2020

    Order Details: Copy of Judgment Pdf Text: Judgment 1 Sum. Suit No. 128 of 2018 Filed on : 10.01.2018 Registered on : 01.02.2018 Decided on : 11.02.2020 Duration : Yr-02 Mth-00 Ds-11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.128 OF 2018 (CNR NO.MHCC01-000395-2018) Exhibit-19 M/s. Polycab Wire Pvt. Ltd. A Company incorporated under the Companies Act, 1956 having its Corporate Ofce at Polycab House, 771, Pandit Satwalkar Marg, Mahim (W), Mumbai – 400 016. Through its…

    Read Full Order

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