Commercial Suit
Gem Corpochem Pvt. Ltd. Through Its Authorized Officer Mr Santosh Ganpat GotadVsRealmaa Industries Pvt. Ltd. +2 more
CNR MHCC01002028202332-COURT 32 ADD. SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 09th May 2026
TrustJury record updated 13 Oct 2026
Case Overview
- Registration Number
- 100189/2023
- Registration Date
- 18 Apr 2023
Advocates
2For Petitioner
For Respondent
Parties
4Acts & Sections
1Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act · Sec 2(1)(c)(xviii)
Case History / Proceedings
Case History
Date: 24-04-2023
Business: None Present for Plff.
None Present for Deft.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
Issue writ of summons to deft.
Adj. for Service affidavit on 30/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-06-2023
Date: 30-06-2023
Business: 30.06.2023
35
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 189/2023
Exh 05
Adv. Vivek Singh for plaintiff present.
Exh 05 - He filed affidavit of service along with postal track reports.
The Writ of summons served upon all the three defendants.
Adjd. to 24/07/2023 for ex-parte order.
Judge
Next Purpose: ORDER
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. S.M. Uppadhyay for plaintiff is present.
ORDER Below Exh. 1
As per affidavit of service Exh. 5 the Writ of Summons
served on all the three defendant. None appears for
them till today. Hence matter to proceed Ex-Parte.
Matter is adj for Ex-Parte evidence to 05/09/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-09-2023
Date: 05-09-2023
Business: Adv. Vivek Singh for plaintiff is present.
Witness PW-1 Mr. Snatosh Ganpat Gotad is present.
Defendant no.2 present.
Adv. Shahid Iqbal for def. nos. 1 and 2 is present.
Exh. 6- Ld. adv of plaintiff filed evidence affidavit. Copy be served to other side.
Exh. 7- List of documents a/w documents. Copy be served to other side.
Oath given to the witness.
Exh. 8 – Ld. adv of def. nos. 1 and 2 filed V/P on behalf of defendant nos. 1 and 2 a/w address memo.
Matter is adj for marking of documents to 10/10/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: Adv. Keshav Borade h/f Adv. Vivek Kumar for plaintiff is present and orally prayed for time for hearing on marking of documents. O-Time granted as prayed for.
Adv. Shahid Iqbal for def. is present.
Matter is adj for marking of documents to 05/12/2023.
L.O at 01.30 p.m.
Director of Def. Nos. 1
company and def. no. 2 present. Def. no. 3 is absent.
Adv. Ibrahim K.M. for def.nos. 1 to 3 is present and submitted that earlier advocate has given him no objection. He filed V/P (a/w) no objection of earlier advocate. TOR marked as Exh. 9.
None present for plaintiff.
Ld. adv of def. prayed to keep back the matter for filing NM.
L.O at 03.00 p.m.
Adv. Ibrahim K.M. for def.nos. 1 to 3 is present and tendered draft NM for condonation of delay a/w affidavit in support. O- Leave granted to register it. Copy be served to the other side. He also presented the W.S of def. nos. 1 to 3. It will be taken on record subject to the period of limitation.
Matter is adj for NM returnable to 05/12/2023.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: Adv. Vivek Singh for plaintiff is present and submitted that till today the defendant has not served the copy of NM on the plaintiff.
Adv. Shahid Iqbal for defendants is present and prayed for time to tendered registered notice of motion.
O.- Draft NM was tendered on 10.10.2023 and leave to register the NM was granted on the same day and the draft was returned back to the Ld. Advocate of defendant for its registration. Till today, the registered NM is not tendered on record and the copy of it is not served on the other side. Hence, a costs of Rs.1,000/- is hereby imposed upon all the defendants collectively for delaying the proceeding unnecessarily. The costs to be paid to the plaintiff, on or before next date by the defendants.
Matter is adj. for compliance and NM returnable o 25.01.2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-01-2024
Date: 25-01-2024
Business: Adv. Vivek Singh for plaintiff is present.
Adv. Rajesh Jain a/w Adv. Shahid Iqbal for all def. is present.
KB.. Later on at 12.35 p.m.
Same appearance.
Ld. adv. of plaintiff received costs of Rs. 1000/-.
Ld. adv of defendant prays for time for tendering registered NM on record.
Matter is adj. for NM returnable to 28/02/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-02-2024
Date: 28-02-2024
Business: Coram- H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Sanjay Upadhyay h/f Adv. Vivek Singh for plaintiff is present.
Adv. Rajesh Jain for def. is present and tendered registered NM no. 4162/2023 alongwith affidavit in support. Today he served hard copy of the said NM to the other side.
By consent, matter is adj. for NM reply to 02.04.2024.
Next Purpose: REPLY
Next Hearing Date: 02-04-2024
Date: 02-04-2024
Business: Adv. Rajnish Dubey h/f Adv. Vivek Singh for plaintiff is present and filed reply to the NM No. 4162/2023. TOR. Copy is served to the other side.
Adv. Sakshi Balguher h/f Adv. Shahid Iqbal for def. is present
Matter is adj. for NM hearing to 23/04/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2024
Date: 23-04-2024
Business: Adv. Vivek Singh for plaintiff is present.
Adv. Rajesh Jain for def. is present.
Matter is adj. for NM hearing to 03/07/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present for plaintiff.
Adv. Jain h/f Adv. Shahid Iqbal for def. is present.
KB LO at 1.55 pm.
None present for plaintiff.
Adv. Jain h/f Adv. Shahid Iqbal for def. is present.
Matter is adj. for NM hearing to 01.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-08-2024
Date: 01-08-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
Adv. Vivek Singh for plaintiff is present.
Adv. Sakshi Balguher h/f. Rajesh Jain for def. is present and requested for time for hearing on NM as her senior is out of station.
O- Notice of Motion is pending for hearing since 2023 therefore, oral prayer for adjournment on behalf of defendant is hereby rejected.
Heard learned advocate of plaintiff.
Matter is adj. for Order on NM No.4162-2023 to 14.08.2024.
Next Purpose: NM ORDERS
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Court is Vacant.
Next Purpose: NM ORDERS
Next Hearing Date: 19-09-2024
Date: 19-09-2024
Business: Court is Vacant hence adj.to
Next Purpose: NM ORDERS
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: Court is vacant.
Next Purpose: NM ORDERS
Next Hearing Date: 13-12-2024
Date: 13-12-2024
Business: Court is vacant hence adjourned to
Next Purpose: NM ORDERS
Next Hearing Date: 07-02-2025
Date: 07-02-2025
Business: None present for plaintiff.
Adv. Rajesh Jain h/f Adv. Shahid Iqbal for def. is present.
Issue notice to both the parties and their ld. advocates if any.
Matter is adj. for NM herring to 23.06.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2025
Date: 23-06-2025
Business: None present.
Matter is adj. for steps/dismissal to 30.09.2025.
Later on at 01.00 p.m.
Adv. Rajesh Jain i/b Adv. Shahid Iqbal present for defendant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2025
Date: 30-09-2025
Business: Parties are absent.
None present for plaintiff.
Adv. Sakshi Balguher i/b Adv. Iqbal Shahid present for defendant.
Court is busy in hearing of final arguments in Commercial Summary Suit No.219/2024 (Honble High Court Suit No.29/2010 having age of 15 yrs.). Hence, rest of the board is discharged.
Matter is adj. for steps to 06.01.2026.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2026
Date: 06-01-2026
Business: Parties are absent.
Adv. Vivek Singh present through V.C. for plaintiff.
Adv. Rajesh Jain h/f Adv. Shahid Iqbal present for defendant.
Heard ld. Adv of plaintiff and defendant.
Following order is passed in NM No. 4162 of 2023.
For the reason separately recorded.
Operative part of order.
1. Notice of motion No.4162 of 2023 is allowed subject to cost of Rs.50,000/- to be paid till next date.
2. On payment of cost written statement of defendant be taken on record.
Notice of motion No. 4162 of 2023 is disposed of accordingly.
Matter is adj. for compliance to 09.02.2026.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-02-2026
Date: 09-02-2026
Business: Parties are absent.
Adv. S.M. Upadhaya h/f Adv. Vivek Singh present for plaintiff.
None present for defendant.
No material is produced to show as order of NM has been complied. W.S is not filed by the defendant. Hence, matter to proceed without W.S.
Matter is adj. for recording evidence to 04.04.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: Parties are absent.
Adv. present through V.C. for plaintiff and orally seeking time for filing evidence. O- Time is granted subject costs of Rs.1000/- to be paid to the DLSA.
None present for defendant.
Matter is adj. for R/E to 30.06.2026.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-05-2026
Date: 07-05-2026
Business: By Precipice.
Adv. Vivek Sing present for plaintiff and Director of defendant are present and filed application for taking matter on todays board. O-Allowed. TOR. Marked as Exh. 10.
Both are requested to keep the matter in Lok-Adalat. Hence, matter is kept on Lok-Adalat.
Matter is kept on 09.05.2026.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-05-2026
Date: 09-05-2026
Business: Matter pertaining to C.R. No. 32
Director of plaintiff is present.
Director of defendant No.2 is present.
Adv. Vivek Singh for the plaintiff is present and filed application for withdrawal. Taken on record and it is marked as Exh.11. O-Allowed.
Terms of compromise and Appendix-I -Exh.12
Lok-Adalat award -Exh.13
ORDER BELOW EXH.01
In view of terms of compromise the matter stands settled and disposed of. Award be drawn accordingly. Court fees be refunded. Connected Chamber Summons / Notice of Motion / Summons for Judgment/Summary Judgment, if any, disposed of accordingly.
Adv. Sushma Pandey H.H.J. K.D. JADHAV
Panel Member Panel Head
Nature Of Disposal: LOKADALAT
Disposal Date: 09-05-2026Additional Case Details
Additional Case Details
Filing Number: 102343/2023 Filing Date: 21-02-2023 eFiling Number: AMH20220000846C202300001 eFiling Date: 21-02-2023 First Hearing Date: 24th April 2023 Decision Date: 09th May 2026 Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE
Orders
2Final Order 209 May 2026
09 May 2026
Order Details: Other Pdf Text: -- 1 of 1 --
Final Order 109 May 2026
09 May 2026
Order Details: Order below exhibit Pdf Text: MHCC010020282023 IN THE COURT OF SESSIONS FOR GREATER MUMBAI, AT MAZGAON ORDER BELOW EXHIBIT 01 IN COMMERCIAL SUIT NO. 189 OF 2023 CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. KUNAL DHANAJI JADHAV (C.R.No.87) DATED : 09TH MAY, 2026 ORDER In view of terms of compromise the matter stands settled and disposed of. Award be drawn accordingly. Court fees be refunded. Connected Chamber Summons / Notice of Motion / Summons for Judgment/Summary Judgment, if any, disposed of accordingly. Sd/- Adv. Sushma Pandey (KUNAL DHANAJI JADHAV) Panel Member JUDGE, CITY CIVIL AND SESSIONS COURT AT MAZGAON, HEAD OF PANEL XIX GR. MUMBAI -- 1 of 1 --
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