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SUMMARY CIVIL SUIT - SUMMARY SUIT

Premier Road Carriers LtdVsM/s. Hari Machines Ltd

CNR MHCC0100057120189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 12th February 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100280/2018
Registration Date
01 Mar 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: 25-04-2018
    Business: Both parties and Adv absent.
    Matter is adj. to 09/08/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Adv. Mahima Rohikar for Plaintiff present.
    Adv. Rubel for Defendant present.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for defendant has filed application for dispose of matter or adjourn the matter on sine die.
    Order Otherside to say.
    Matter is adjd. to 25/10/2018 for Reply on Exh.5.
    Next Purpose: REPORT
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Matter transferred from Cr. no. 28.
    Adv. Survanshi Present for the Plff.
    Adv. Rubin Present for the Deft. no.1 and 2.
    Ld counsel for Plff filed Service affidavit. .t.o.r.
    Ld counsel for Plff filed non appearance certificate. t.o.r.
    Ld counsel for the plff chief in affidavit. t.o.r.
    Ld counsel for the Plff filed compilation of the documents. t.o.r.
    Ld counsel for the Plff filed written notes of argument. t.o.r.
    LD counsel for Deft no.1 and 2 appeared on 09/08/2018 directed to served the copy of application Ex.05 upon ld counsel for the Plff today.
    Kept for Reply on Ex.05 on 27/11/2018.
    Next Purpose: REPLY
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Adv. Survanshi Present for the Plff.
    None Present for the Deft. no. 1 and 2.
    When called none appear for Deft no. 1 and 2. copy of Ex.05 as per direction dt. 24/10/2018 is not supplied the Ld counsel for Plff. Hence kept for order on Ex.05 rejection being not complied.
    Hence as none appear for deft. Suit proceeded Ex-parte against deft no. 1 and 2 for want of reply.
    Heard Ld counsel for the Plff in view of written notes of argument orally During the course of argument following document came to be exhibited.
    D.sr.no.1, The copy of the invited quotation for the requirement of vehicle for two point loading transportation of goods from Baramati to Orissa and another consignment from Kalamboli to Orissa dn subsequently wide email dt. April 08,2015 and April 09, 2015.
    D.sr.no.2, The original quotation was approved by the deft wide their email correspondence dt. Apirl 27, 2015 dt. 14/04/2015 and 27/04/2015.
    D.sr.no.3, The original copies of the invoice no. 11179.
    D.sr.no.4, The original copy of the consignment note no. 24635 dt. 28/04/2015 and 24636 dt. 01/05/2015 respectively.
    D.sr.no.5, The original copy of the email correspondence on dt. 27/06/2015 had addressed by the deft to the plff.
    D.sr.no.6, The original few reminder copies of email correspondence sent by the plff to the defts on dt. 11/09/2015, 23/09/2015 and  31/10/2015.
    D.sr.no.7, The original copy of the demand notice dt. 04/04/2016.
    D.sr.no.8, The original copy of the postal receipts and unclaimed packet.
    D.sr.no.9, The originals copy of the Board resolution dt. 27/10/2017 and authority letter dt. 03/11/2017 authorizing for filing the present suit.
    D.sr.no.10, The original plff certificate under section 65 B of the Indian Evidence Act.
    D.sr.no.11, Any other document as required.
    Adj. For Order on Ex.05 and Judgement on 19/12/2018.
    Next Purpose: ORDER
    Next Hearing Date: 19-12-2018
    
    Date: 19-12-2018
    Business: The PO on leave.
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: None present
    Matter is Adjd for Argument on 02/02/2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: Adv for plff.Mr. Suryavanshi present
    Heard final argument of Adv for plff
    Matter is Adjd for Further Final Argument on 12/02/2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Adv for plff.Mr. Suryavanshi present
    FRSR Following order is passed
    1.Suit is partly decreed with cost.
    2.Defendant is directed to pay amount of Rs.2,19,238/- to plaintiff along with  interest @9 percent p.a. on the principal amount of Rs.1,50,000/- from the date of filing of the suit till its  realisation.
    3.Decree be drawn accordingly.
    4.Court fee be refunded as per rules.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 12-02-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100646/2018
    Filing Date: 12-01-2018
    First Hearing Date: 25th April 2018
    Decision Date: 12th February 2019
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Feb 2019

    Order Details: Ex-parte Judgement Pdf Text: :1: Summary Suit No.280/2018 Received on : 12.01.2018 Registered on : 01.03.2018 Decided on : 12.02.2019 Duration : Y M D 01 01 02 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI SUMMARY SUIT NO. 280 OF 2018 CNR NO.: MHCC010005712018 PREMIER ROAD CARRIERS LTD. ] A Limited Company having its office at ] 901, BWing, Dalamal Tower, Nariman Point, ] Mumbai – 400 021. ] Through Mr. Shamshuddin Shaikh Authorized Person ] Age…

    Read Full Order

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