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SUIT - SHORT CAUSE CIVIL SUIT

Miracle Info-Tech Services Pvt. LtdVsHewlett Packard India

CNR MHCC01002444202021-COURT 21 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101923/2022
Registration Date
25 Aug 2022
Next Hearing Date
19 Oct 2026
Case Stage
REPORT

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-08-2022
    Business: None present for plaintiff.
    Till date the plaintiff failed to remove office objection. Already notice to that effect is displayed on board and thereby directed the plaintiff to remove the office objection. However the plaintiff failed to do so. It reveals that the plaintiff is not interested to proceed with the matter. Hence it stands disposed off. Suit be registered for statistical purpose.
    Disposal Date: 20-08-2022
    
    Date: 16-10-2024
    Business: Not on board taken on board
    Matter is restored vide order dated 13.02.2024 passed in notice of motion no.515/2023. Suit is assign to Court No.2. Suit be restored accordingly.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-11-2024
    
    Date: 20-11-2024
    Business: As per office order no. 273 of 2024 dated 14.11.2024 holiday declared on account of polling day. Hence matter is adjourned to 24.12.2024.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-12-2024
    
    Date: 24-12-2024
    Business: PO is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-01-2025
    
    Date: 03-01-2025
    Business: Both parties and advocate absent.
    Later on at 11.50 A.M.
    Advocate Mr. Vinay Rathi for plaintiff present.
    The record and service affidavit shows that the writ of summons is duly served to the defendant. However despite of this the defendant has failed to appear before this Court, hence suit proceeded for ex-parte hearing against the defendant.
    Matter is adjourned for Ex-parte evidence on 03.03.2025.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: Plaintiff and advocate absent.
    Matter is adjourned for Ex-parte evidence on 09.05.2025.
    Later on at 12.20 P.M.
    Advocate Mr. Vinay Rathi for plaintiff present and seeks time. O- Granted.
    Matter is adjourned for Ex-parte evidence on 09.05.2025.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-05-2025
    
    Date: 09-05-2025
    Business: Both parties and advocate absent.
    Matter is adjourned for Ex-parte Evidence on 24.09.2025.
    Later on at 12.45 P.M.
    Advocate Vinay Rathi for plaintiff present.
    Matter is adjourned for Ex-parte Evidence on 24.09.2025.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-09-2025
    
    Date: 24-09-2025
    Business: Advocate Vinay Rathi for plaintiff is present.
    None present for defendant.
    Kept back
    Later on at 2.45 P.M.
    Exhibit-1 Plaint.
    Exhibit-2 Vakalatnama.
    Exhibit-3 Memo of address.
    Exhibit-4 List of documents.
    Advocate Vinay Rathi for plaintiff is present.
    Plaintiff namely Kannan R. Iyer tendered his affidavit in lieu of examination in chief. Taken on record and marked as Exhibit-5. O- Verified.
    Oath is administered to the witness. He identified his signs and admitted entire contents of his evidence affidavit at Exhibit-5 to be true and correct.
    Plaintiff also tendered list alongwith documents. List is TOR and marked as Exhibit-6.
    Matter adjourned to 09.10.2025 for exhibiting the documents / Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-10-2025
    
    Date: 09-10-2025
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjourned to 26.11.2025 for Ex-parte Evidence P.H..
    Later on at 12.50 P.M.
    Plaintiff in person is present.
    Advocate Vinay Rathi for petitioner is present.
    Ld. advocate as well as plaintiff submitted that they do not have to lead further evidence and requested to close the  plaintiff evidence.
    Matter adjourned to 24.11.2025 for Ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-11-2025
    
    Date: 24-11-2025
    Business: Advocate Vinay Rathi for plaintiff is present.
    None present for defendant.
    Heard argument of advocate for plaintiff.
    Matter adjourned to 05.12.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 05-12-2025
    
    Date: 05-12-2025
    Business: None present.
    Kept back
    Later on at 12.20 P.M.
    Plaintiff in person is present.
    Advocate Vinay Rathi for plaintiff is present.
    ORDER BELOW EXHIBIT-1
    Having pondered over entire record of this suit, it reveals that, the subject matter of dispute pertains to contract dated 22.01.2016 followed by purchase order dated 22.01.2016 under Master Services Agreement (MSA). I perceive the dispute falls under the category of commercial dispute. When confronted with Ld. Advocate for plaintiff, he submitted that, it is not commercial dispute. Thus, Ld. Advocate for the plaintiff ensures this Court to satisfy on same aspect on next date. Hence, matter is adjourned.
    Matter adjourned to 12.01.2026 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-01-2026
    
    Date: 12-01-2026
    Business: None present for the parties.
    Kept back
    Later on at 5.00 P.M.
    Plaintiff is present.
    None present for the defendant.
    Matter adjourned to 05.02.2026 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2026
    
    Date: 05-02-2026
    Business: None present for the parties.
    Kept back
    Later on at 1.40 P.M.
    Plaintiff in person is present.
    Advocate Vinay Rathi for plaintiff is present.
    Heard argument of advocate for plaintiff.
    Matter adjourned to 17.02.2026 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 17-02-2026
    
    Date: 17-02-2026
    Business: None present for the parties.
    The matter is fixed for judgment, however on perusal of record it appears that all the documents placed on record are photocopies, hence the plaintiff is directed to produce original copies of all documents.
    Matter adjourned to 27.02.2026 for filing original documents by plaintiff.
    Later on at 11.45 A.M.
    Plaintiff in person is present. He requested for change of date. Hence adjourned to 26.02.2026.
    Matter adjourned to 26.02.2026 for filing original documents by plaintiff.
    Later on at 12.20 P.M.
    Advocate Vinay A. Rathi for plaintiff is present.
    Matter adjourned to 26.02.2026 for filing original documents by plaintiff.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 26-02-2026
    
    Date: 26-02-2026
    Business: None present for parties.
    Kept Back
    Later on at 1.59 P.M.
    Plaintiff is present.
    Advocate Vinay Rathi for plaintiff is present and he filed list of documents. TOR and Marked as Exh-6-A.
    Matter adjourned to 12.03.2026 for Admission Denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-03-2026
    
    Date: 12-03-2026
    Business: P.O IS ON LEAVE
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 04-04-2026
    
    Date: 04-04-2026
    Business: Plaintiff is present.
    Kept back
    Later on at 12.45 P.M.
    Director of the plaintiff company namely Kannan Ramamurthy Iyer is present.
    None present for the defendant.
    Heard argument of plaintiff.
    The documents (Exhibit-6A) from Sr. No. 3 to 18 are received in evidence for identification purpose and marked as follows subject to proof of truth of its contents.
    Serial no. 3 Certificate of Incorporation (Latest Colored Digital Print) is marked as Exhibit-7.
    Serial no. 4 Government Receipt Original Certificate confirmation (15 days)  is marked as Exhibit-8.
    Serial no. 5 Government Receipt Certified copies of MOA and AOA (Rs.225)  is marked as Exhibit-9.
    Serial no. 6 Email Confirmation SRN and payment acceptance  is marked as Exhibit-10.
    Serial no. 7 MCA Portal Receipt Showing application SRN number is marked as Exhibit-11.
    Serial no. 8 Board Resolution authorizing representative (08.01.2020) is marked as Exhibit-12.
    Serial no. 9 Udyam (MSME) Registration Certificate  is marked as Exhibit-13.
    Serial no. 10 Udyam Registration Detailed Data (5 pages) is marked as Exhibit-14.
    Serial no. 11 Oracle DBA support quotation (Dated 01.04.2009) is marked as Exhibit-15.
    Serial no. 12 Statement of Work (SOW) Full Executed Copy (6 pages) is marked as Exhibit-16.
    Serial no. 13 Summary of project assignments and cost negotiation is marked as Exhibit-17.
    Serial no. 14 Email confirmation for service continuation (2 pages) is marked as Exhibit-18.
    Serial no. 15 Delayed purchase order issued by defendant (2 pages) is marked as Exhibit-19.
    Serial no. 16 Defendants email confirming notice period terms (2 pages) is marked as Exhibit-20.
    Serial no. 17 Plaintiffs counter emails proposing termination terms (2 pages) is marked as Exhibit-21.
    Serial no. 18 Emails regarding business transition to HP Enterprise(2 Pages) is marked as Exhibit-22.
    Matter adjourned to 23.04.2026 for Recording Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-04-2026
    
    Date: 23-04-2026
    Business: Plaintiff is present.
    None for defendant is present.
    Kept back
    Later on at 11.50 A.M.
    Advocate Vinay Rathi for plaintiff is present.
    Heard argument of advocate for plaintiff.
    Matter adjourned to 05.05.2026 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 05-05-2026
    
    Date: 05-05-2026
    Business: Director of the plaintiff company namely Mr. Kannan Ramamurthy Iyer is present.
    None for defendant is present.
    The plaintiff has instituted the present suit against the defendant seeking recovery of Rs.25,00,000/- as damages for the alleged breach of contract, along with a further claim of Rs.10,00,000/- towards interim compensation/damages. The record indicates that the defendant, despite due service of summons, has failed to appear and contest the proceedings. Accordingly, the suit has proceeded ex parte against the defendant. However, upon hearing the submissions advanced and upon perusal of the record, it is noticed that the suit has not been properly valued and the requisite court fees have not been duly paid. It is further observed that while the plaintiff has quantified the claim of compensation at Rs.25,00,000/- in the body of the plaint, the prayer clause is inconsistent, inasmuch as it seeks a direction against the defendant to pay such damages/compensation as may be determined by this Court. These aspects disclose material inconsistencies in the valuation of the claim as well as in the nature of the reliefs sought, and if the plaintiff is willing to restrict his claim or the amount of compensation, he shall amend the plaint and the prayer clause accordingly. In view of the aforesaid, the plaintiff is directed to take appropriate steps to correct the valuation of the suit and to pay the requisite court fees in accordance with law.
    Matter adjourned to 10.06.2026 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-06-2026
    
    Date: 10-06-2026
    Business: None present for the parties.
    Kept back
    Later on at 1.25 P.M.
    Director of plaintiff company is present.
    Matter adjourned to 04.07.2026 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-07-2026
    
    Date: 04-07-2026
    Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
    Plaintiff present.
    Defendant absent.
    Advocate Vinay Rathi for plaintiff present.
    Advocate for defendant absent.
    Ld. Advocate for plaintiff submitted that he want to file clarification regarding compliance of order dated 05.05.2026.
    Matter is adjourned for clarification on compliance to 13.07.2026.                                                                                    Judge
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2026
    
    Date: 13-07-2026
    Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
    Plaintiff present.
    Advocate Vinay Rathod for plaintiff present.
    None for defendant.
    Exh.23-Application filed by Ld. Advocate for plaintiff for proceeding hearing.
    Order-Board Department to report about the compliance of order dated 05.05.2026.
    Matter is adjourned for report to 24.08.2026.                                                                                            Judge
    Next Purpose: REPORT
    Next Hearing Date: 24-08-2026
    
    Date: 24-08-2026
    Business: None present for plaintiff and defendant.
    Matter is adjourned for  report to 05.09.2026.
    Later on at 01.00 p.m
    Adv. Vinay Rathi for plaintiff is present.
    Matter is adjourned for  report to 05.09.2026.
    Next Purpose: REPORT
    Next Hearing Date: 05-09-2026
    
    Date: 05-09-2026
    Business: CORAM - HIS HONOUR JUDGE SHRI R.R. KHAN (C.R. No.21).
    As per Office Order No.270/2026 dated 04.09.2026, holiday is declared on 05.09.2026 on account of Gopalkala. Hence, matter is adjourned to 19.10.2026.                                                                                            Judge
    Next Purpose: REPORT
    Next Hearing Date: 19-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 102667/2020
    Filing Date: 26-02-2020
    Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    20 Aug 2022
    Order Details: Other
    Pdf Text: 20/08/2022
    St. No.
    2667/20
    CORAM : H.H.J. SHRI V.D. KEDAR, JUDGE, CITY CIVIL COURT,
    GR.MUMBAI (C. R. NO. 01)
    None present for plaintiff.
    Till date the plaintiff failed to remove office objection. Already
    notice to that effect is displayed on board and thereby directed the
    plaintiff to remove the office objection. However the plaintiff failed
    to do so. It reveals that the plaintiff is not interested to proceed with
    the matter. Hence it stands disposed off. Suit be registered for
    statistical purpose.
    Judge
    -- 1 of 1 --
    Order 1
    20 Aug 2022
    Order Details: Other
    Pdf Text: 20/08/2022
    St. No.
    2667/20
    CORAM : H.H.J. SHRI V.D. KEDAR, JUDGE, CITY CIVIL COURT,
    GR.MUMBAI (C. R. NO. 01)
    None present for plaintiff.
    Till date the plaintiff failed to remove office objection. Already
    notice to that effect is displayed on board and thereby directed the
    plaintiff to remove the office objection. However the plaintiff failed
    to do so. It reveals that the plaintiff is not interested to proceed with
    the matter. Hence it stands disposed off. Suit be registered for
    statistical purpose.
    Judge
    -- 1 of 1 --

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