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Commercial Suit

Laxmiraj Distributors Private LimitedVsM/s. Chamunda Engineering +2 more

CNR MHCC01001060202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 24th August 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100420/2020
Registration Date
04 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 30-07-2020

Date: 30-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 131 of 2020 dtd - 22.09.2020 of this court.
Matter adjd to 09.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  01/12/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Advocate for plaintiff absent.
Advocate for defendant absent.
Matter adjd to  06.01.2021 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 01.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: None present.
Matter adjd to 18.02.2021  for direction.
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 02.03.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken by plaintiff. Matter adjd for order against plaintiff.
Matter adjd to 17.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: BY PRECIPEE
Adv.Gajanan Shinde for plaintiff present and filed application, Exh.2 for matter taken on today\''s board. O-Allowed.
Application, Exh.3 for setting aside the caption for passing order against plaintiff t.o.r. O-put up on date fixed.
Matter already adjd to 17.03.2021.
Next Purpose: ORDER
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv.Sujata Mehata i/b. Reeti Law Associates for plaintiff present.
None present for defendant.
KB
LO
Adv.Sujata Mehata i/b. Reeti Law Associates for plaintiff present.
Adv. of plaintiff filed application, Exh.4 for issuance of writ of summons t.o.r.
Issue writ of summons to the defendant.
Matter adjd to 07.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 05.05.2021 for await writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 18.06.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.07.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: HHJ is on Leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 04.08.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 27.08.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
LO at 3.50 pm
None present.
         The plaintiff failed to file affidavit of service of suit summons. Board Department to verify and report whether suit summons was issued in this suit and has been returned as served or unserved.
Matter adjd to 21.09.2021 for report of board department.
Next Purpose: REPORT
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.28 pm
None present.
Awaiting report from board department. Hence, adjd for the same on 14.10.2021.
Next Purpose: REPORT
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv.Rita Yadav i/b.Reeti Law Associates for plaintiff present.
None present for defendant.
The plaintiff filed application, Exh.5 for extension of time for service of summons t.o.r. O-Issue fresh suit summons. Time extended.
Matter adjd to 29.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 23.02.2022 for service affidavit.
LO at 11.55 am.
Adv. Rita Yadav h/f Reeti Law Associates.
She filed affidavit of service a/w writ of summons and RPAD envolops with endorsements t.o.r marked as Exh.6. Keep for order against defendants. Already adjd to 23.02.2022  for against defendants.
Next Purpose: ORDER
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.33 pm,
Adv.Rita Yadav i/b.Reeti Law Associates for plaintiff present.
Plaintiff tendered application for production of tracking reports t.o.r. and marked as Exh.7.
ORDER
Read the service affidavit (Exh.6 colly). Read the tracking reports and RM numbers on returned envelopes. Tracking reports filed a/w. application (Exh.7) show that the summons are refused to accept by all the defendants. Hence, suit to proceed ex-parte against the defendants (No.1 to 3).
Matter adjd to 23.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: HHJ ON LEAVE.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-04-2022

Date: 27-04-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. Evidence is not adduce. Keep for order.
Matter adjd to 22.06.2022 for order.
                                                                                              Judge
LO at 12.40 pm,
Adv.Gajanan Shinde h/f. Reeti Law Associates for plaintiff present.
Matter adjd to 22.06.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: None present.
KB.
Adv. Gajanand Shinde Present for Plff.
None Present for Deft. (Ex-parte)
Ex.8- adv of plff filed chief examination of PW-1 Pawankumar Sangavi
PW-1 absent.
Ex.09- adv of plff filed list of document.
Order on the point of hearing.
Heard Adv.of plaintiff on the point of exhibiting of documents. As the suit is ex-parte, no argument on behalf defendant.  Documents filed with list Exh.09 which are referred in chief examination and plaint and marked exhibits as under.
Ex.10.	Original copy of the board resolution dt. 01/12/2018.
Ex.11.	Copy of the invoices dt.24/08/2017.
Ex.12.	Delivery challan consignee dt. 24/08/2017.
Ex.13.	Office copy of the first legal notice dt.03/01/2019.
Ex.14.	Postal receipt dt.03/01/2019.
Ex.15.	Postal acknowledgement card.
Ex.16.	Second legal notice dt.18/04/2019.
Ex.17 (colly) Postal receipt dt. 25/04/2019.
Ex.18 (colly) Postal acknowledgement card.
Adj. For Chief examination on 08/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-08-2022

Date: 08-08-2022
Business: Adv. Gajanand Shinde I/b Adv. Retta Yadav Present for Plff.
None Present for Deft.
PW-1 Pavankumar Mishrimal Sanghvi present oath given to witness in Hindi language
Ex.19 - Adv for plff filed evidence closure pursis. t.o.r.
Adj. For Argument on 17/8/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Gajanand Shinde I/b Adv. Reta Shetty Present for Plff.
None Present for Deft.
KB 1.00
Heard argument adv of plff.
Adj. For Ex-parte Judgment on 24/08/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Advocate of plaintiff present.
Judgment and order delivered.
FRSR following order is passed.
                      ORDER
1.	Suit is decreed with costs.
2.	The defendants are jointly and severally directed to pay to plaintiff the amount of Rs.4,56,997/- with interest @ 18 % p.a. from the date of suit till realization of the said amount plus accrued interest of Rs.95,105/-.
3.	Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 24-08-2022

Additional Case Details

Additional Case Details
Filing Number: 101054/2020
Filing Date: 22-01-2020
First Hearing Date: 02nd April 2020
Decision Date: 24th August 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
24 Aug 2022

Order Details: Copy of Judgment Pdf Text: 1 Comm. Suit No.4202020 MHCC010010602020 Presented on : 22/01/2020 Registered on : 04/03/2020 Decided on : 24/08/2022 Duration : 2Y/5M/20D IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT No.420 OF 2020 Laxmiraj Distributors Private Limited having their Branch office at Shop No.9, Shyamla Bhavan, Dr. Deshmukh Lane, 141, Nanubhai Desai Road, Mumbai400004 Through Mr. Pavan Kumar Sanghvi. ...PLAINTIFF VERSUS 1. M/s. Chamunda Engineering A partnership firm having its address at Plot No.105(ALINDRA)GIDC,…

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