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NOTICE OF MOTION

Miracle Info-Tech Services Pvt. LtdVsHewlett Packard India ( Sales Private Ltd )

CNR MHCC0100147820231-COURT 01 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 13th February 2024

TrustJury record updated 12 Oct 2026

Case Overview

Registration Number
100515/2023
Registration Date
06 Feb 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Miracle Info-Tech Services Pvt. Ltd

    Respondent

    1. 1Hewlett Packard India ( Sales Private Ltd )

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-04-2023
Business: Adv. Mr. Rathi for plaintiff is present.
None present for the defendant.
The Ld. advocate for the plaintiff tendered original registered NM No. 515/2023 along-with affidavit. He is directed to serve copy of NM on the other side.
Matter adjd to 08.06.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Adv. Vinay Rathi for plaintiff present.
None present for defendant.
On oral request of Ld. adv. for plaintiff, matter is adjourned for filing affidavit of service.
Matter stands adjourned on 19.07.2023 for filing affidavit of
service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: None present for plaintiff and defendant.
Matter adjd to 04.10.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: None present for plaintiff when called.
Matter adjd to 13/12/2023 for affidavit of service.
L. O at 4.30 pm
Power of Attorney of plaintiff present and filed affidavit of service. T.O.R. It is submitted that defendant company is not in existence and taken over by other company. The plaintiff is find out about the same and will take necessary steps. Considering the submissions, matter is adjd for taking steps to 13/12/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Director of the plaintiffs company is present.
He filed affidavit of service along with close envelop wherein, it reveals that addresee left. Therefore, the plaintiff is directed to take appropriate steps to the other sides and filed affidavit of service.
Matter adjd to 13.02.2024 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-02-2024

Date: 13-02-2024
Business: Adv. Vinay Rathi for plaintiff is present and filed affidavit of service. TOR. Service by speed post return with endorsement refused. Service is completed.
None present for defendant when called. Hence, notice of motion to proceed ex-parte.
Heard Adv. for plaintiff.
Vide order dated 20.08.2022 suit came to be dismissed on the ground that office objection was not removed within time. The Adv. for plaintiff undertake to remove office objection. The statement of Advocate is recorded. It is seen that plaintiff was not having intention to cause deliberate delay. In such circumstances it is just and necessary to give one more chance to plaintiff to remove office objection. Hence, Notice of Motion is allowed subject to cost of Rs. 1000/- to be paid with office of DLSA within period of 15 days from today. Suit is restored to its original stage. Notice of motion disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 13-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101570/2023
Filing Date: 06-02-2023
First Hearing Date: 05th April 2023
Decision Date: 13th February 2024
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    13 Feb 2024
    Order Details: Other
Pdf Text: 31 13.02.2024
NM 515/23
(SU 1923/22)
CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
(C.R.NO.1)
Adv. Vinay Rathi for plaintiff is present and filed affidavit of
service. TOR. Service by speed post return with
endorsement refused. Service is completed.
None present for defendant when called. Hence, notice of
motion to proceed ex-parte.
Heard Adv. for plaintiff.
Vide order dated 20.08.2022 suit came to be dismissed on
the ground that office objection was not removed within
time. The Adv. for plaintiff undertake to remove office
objection. The statement of Advocate is recorded. It is seen
that plaintiff was not having intention to cause deliberate
delay. In such circumstances it is just and necessary to give
one more chance to plaintiff to remove office objection.
Hence, Notice of Motion is allowed subject to cost of Rs.
1000/- to be paid with office of DLSA within period of 15
days from today. Suit is restored to its original stage. Notice
of motion disposed off.
Judge
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