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SUIT - SHORT CAUSE CIVIL SUIT

M/s. New Manak Overseas Pvt. Ltd.VsMr. Karansingh Gangasingh

CNR MHCC01000947201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th August 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101146/2018
Registration Date
19 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-06-2018
    Business: Adv. Mourya Present for the Plff.
    None Present for the Deft.
    Time extended for writ of summons.
    Adj. For Service affidavit on 21/08/2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: Adv. S. R. Mourya Present for the Plff.
    Plff inperson Present.
    Report Awaited.
    Ld counsel for the Plff sought time for filing service affidavit of writ of summons.
    Adj. For Service affidavit of writ of summons on 02/11/2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: Adv. Mourya Present for the Plff.
    None Present for the Deft.
    Adv. For Service affidavit of writ of summons on 04/03/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: HHJ is On Mediation Training
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv. K. P. Dubey Present for the Plff.
    None Present for the Deft.
    Ld counsel for the plff filed original writ of summons. t.o.r.
    Ld counsel for the plff filed affidavit of service. t.o.r.
    Order- As per service affidavit writ of summons came to be served upon deft by RPAD as per postal endorsement unclaimed. When called deft no. 1 and 2 absent. Hence suit proceeded Ex-parte against deft no. 1 and 2.
    Adj. for Ex-parte Evidence on 22/07/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Adv. for plff is absent.
    Suit proceeded ex-parte against deft.
    Adj to 25/09/2019 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Mourya for plaintiff present.
    Suit proceeded exparte.
    Court is busy in dictating Judgment in SC No.573/15, hence board is discharged.
    Matter adjd for exparte R/E on 25/11/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv. Mourya for plaintiff present.
    Matter adjd to 24/02/2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv Maurya for plaintiff present.
    None for defendant.
    On the request of Ld. Counsel for plaintiff matter is adjourned.
    Matter adjd for exparte evidence to 07-04-2020 at 11.00 am.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present.
    Today matter is for exparte evidence.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for exparte evidence to 09-04-2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv. Mourya present for Plaintiff.
    SU 1146/18	None present for Defendant.
    	Witness present.
    Exh. 4	Affidavit of Evidence. O- R and R.
    Exh. 5	List of documents. O- Filed.
    	Matter adj. to 11/11/2021 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Court is Vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Court is Vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 15-06-2022
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Matter called out at 11.44 Am
    Adv S.R.Mourya for plff present.
    None for Defendant
    Adjd on oral request of adv for plff.
    Matter is adjd on 18.08.2022 for Ex parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Matter called out at 11.58 am
    Adv S.R.Mourya for plff present
    PW 1 present
    None for Defendant
    Heard adv for the plff.
    The documents with list Exh 5 are referred and proved in the evidence of the witness.  In respect of print outs of tax invoice and ledger account statement, certificate under section 65 B of the Evidence Act is produced.  Therefore, all the documents can be exhibited and accordingly are marked Exhs as under -
    1. Extract of plaintiff\''s Board Resolution Dated 04.12.2017 as Exh 6
    2.  Plaintiff\''s Tax Invoice and Challan No. as Exh 7 (Colly
         a. Invoice No. 00280 dated 06.02.14
         b. Invoice No. 00053 dated 19.05.14
         c. Delivery Challan No. 00053
         d. Invoice No. 00091 dated 16.06.14
         e. Delivery Challan No. 00091
         f. Invoice No. 00179 dated 11/11/14
         g. Delivery Challan No. 00179
    3.  Plaintiff\''s original Extract of Ledger Statement of Account for the periods of... as Exh 8 (Colly)
          a. 01.04.13 to 01.04.14
          b. 01.04.14 to 01.04.15
          c. 01.04.15 to 01.04.16
          d. 01.04.16 to 31.03.17
          e. 01.04.17 to 31.12.17
    4.  Office copy of demand notice dated 21.02.17 as Exh 9 (Colly)
    5.  Certificate Under section 65 B of Evidence Act as Exh 10
    Matter is adjd on 04.10.2022 for Exparte Evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv Mr. S.R. More for Plff present.
    None for defendant
    Plaintiff\''s witness present.
    Advocate for plaintiff filed evidence closed pursis t.o.r. and marked as Exh. 11
    Matter is adjd on 17.11.2022 for Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Matter called out at 12.42
    Adv Maurya for plff present.
    None for defendant
    Adv for plff requests time on the ground that witness is absent. Granted.
    Matter is adjd on 11/01/2023 for R/E
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Matter called out at 11.45 am
    Adv S.R.Maurya for plff present and requests adjournment.  Granted.
    None for defendant
    Matter is wrongly under the caption of RE.  It is listed for argument.
    Matter is adjd on 06.03.2023 for Argument
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: PO is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Matter called out at 11.11 am
    None present
    Matter is adjd on for 03.07.2023 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.S.R.Maurya for plaintiff present.
    None for defendant (Ex-parte).
    Heard Ld.Adv. for plaintiff.
    Adv. for plaintiff seeks one date to explain and produce documents in proof of last payment made by the defendant.
    Matter is adj to 05/08/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Plaintiff failed to submit how the suit is within limitation.  Hence, matter is adj to 10/08/2023 for ex-parte judgment.
    Later on at 12.17pm
    Adv. S.R.Mourya for plaintiff present.   He filed list along with documents T.O.R marked as Exh-12
    Matter is adj to 10/08/2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None present.
    Kept back for judgment.
    Later on at 12.12pm
    Adv.S.R.Maurya for plaintiff present.
    None for defendant.
    Suit No.1146 of 2018 is partly decreed.
    F.R.S.R
    Dictated and pronounced in open court.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 10-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101014/2018
    Filing Date: 17-01-2018
    First Hearing Date: 07th June 2018
    Decision Date: 10th August 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Aug 2023

    Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1146 of 2018 1 MHCC010009472018 Presented on : 17-01-2018 Registered on : 19-04-2018 Decided on : 10-08-2023 Duration : 5 Y: 6 M : 24 D IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI SHORT CAUSE SUIT NO.1146 OF 2018. Exh.13 M/s. New Manak Overseas Private Limited ] Formerly known as ] Manak Overseas Private Limited ] Having address at Manak House, ] 2nd Floor, 44, C.…

    Read Full Order

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