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Commercial Suit

Mr. Dhiren GosaliaVsMr. Sanjay Desai

CNR MHCC01002597201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 14th March 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100347/2021
Registration Date
09 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 01-07-2019
    Business: None present.
    Matter is Adjd for Affidavit of Service to 25/09/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Akshata for plaintiff present.
    None for deft
    Adjd to 19.11.2019 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Adv. Koustubh Raut h/f Adv V.K. Gupta for plaintiff present.
    Adv. Ashish Dubey  for defendant present.
    Adv. for plff. filed writ of summons t.o.r
    Vakalatnama filed by Adv Ashish Dubey for defendant t.o.r.
    Matter is adjd to  29.11.2019 for Summons for Judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: As court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Next Purpose: SERVICE
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sachin Mishra For plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Tendered Summons for judgment. t.o.r.
    Matter is adjd to 07.02.2020 for Reply on S/J .
    Next Purpose: REPLY
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sachin Mishra for plff. present.
    Adv. Rajkumar for deft. Present.
    Adv. For the plff. Filed affidavit of service. Exh-4 Order- seen and filed.
    Adv. For the deft. Filed affidavit in reply on behalf of defendant for leave to defend. Order- Seen and filed.
    Matter is adjd to 05.03.2020 for hearing of S/J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ashish Dubey for deft. Present.
    Matter is adjd to 19.03.2020 for hearing of S/J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 15.07.2020 for or Summons for Judgment hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on Leave.
    Matter is adjd to 03.04.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. For the plff present.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 18.06.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    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 03.07.2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: As Holiday declared on Saturday as per office circular 81/2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: None present.
    The matter is adjd for hearing on S/J to 09.09.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Adv. Lalita Avhad for plaintiff present.  She prayed time for hearing.  Time as prayed for is granted.
    Adv. For plaintiff is directed to communicate next date of hearing of this case to defendant\''s advocate.
    The matter is adjd for S/J hearing to 18.09.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Adv. V.K. Gupta for plaintiff present.
    Adv. Ashish Dubey for deft. present.
    Heard arguments of both sides on S/J no.03/20.
    The matter is adjd for order on S/J no.03/20 to 21.09.2021.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv. Lalita Avhad for plaintiff present.
    Adv. Ashish Dubey for deft. present.
    F.R.S.R. following order is passed on S/J No.03/20 -
    ORDER
    1.      Defendant shall deposit a sum of Rs.4,07,695/-    (Rs. Four Lacs Seven Thousand Six Hundred Ninety Five only) in Court within a period of 12 weeks from today.    If this condition is complied with, leave to defend the suit is granted to defendant and he shall file Written Statement within a period of 8 weeks from the date of deposit.
    2.     If aforesaid condition of the deposit is not followed by defendant within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
    3.     There shall be no order as to costs.
    4.     S/J No.03/2020 is accordingly disposed of.
    The matter is adjd for compliance to 21.10.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv. Lavita Avhad for plaintiff present.
    The matter is adjd for compliance to 22.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: None present.
    The matter is adjd for compliance to 13.12.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None for plaintiff.
    None for defendant.
    The matter is adjd for  compliance to 22-12-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: None for plaintiff.
    Adv. Lanjekar for deft. present.
    Deft. did not comply the order dated 21.09.2021.  Therefore, matter be kept for filing claim affidavit and original documents.
    The matter is adjd for filing claim affidavit and original documents to 14.01.2022.
    L.O. at 03.00 pm.
    Adv. Lavita Avhad for plaintiff present.
    The matter is already adjd for filing claim affidavit and original documents to 14.01.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: None present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for filing claim affidavit and original documents to 14.02.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv. Lalita Avhad for plaintiff present.  She sought time for filing evidence affidavit. Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 25.02.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv. Lavita Avhad for plaintiff present.
    Plaintiff present.
    Exh.5 - Adv. For plaintiff filed claim affidavit of  PW-1 Dhiren Gosalia. T.O.R.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.6 - List of documents.  T.O.R.
    The matter is adjd for arguments to 08.03.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Lavita Avhad for plaintiff present.
    Exh.7 - Adv. For plaintiff filed application for production of documents.
    O. - Production is allowed.
    Exh.8 - List of documents.
    Heard arguments of Adv. For plaintiff.
    The matter is adjd for judgment to 14.03.2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Lavita Avhad for plaintiff present.
    Exh.9 - Adv. For plaintiff filed short written arguments. T.O.R.
    K.B.
    L.O. at 05.10 pm.
    Exh.10 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.    Suit is decreed with costs.
    2.  Defendant shall pay an amount of Rs.4,07,695/- (Rupees Four Lacs Seven Thousand Six Hundred and Ninety Five only) alongwith interest @ 18percent p.a. on the principal amount of Rs.3,37,575/- to plaintiff from the date of the suit till it\''s realization within two months.
    3.    Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
    4.     Decree thus follow.
    Nature Of Disposal: DECREED
    Disposal Date: 14-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102910/2018
    Filing Date: 20-02-2018
    First Hearing Date: 01st July 2019
    Decision Date: 14th March 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    14 Mar 2022

    Order Details: Copy of Judgment Pdf Text: Judgment in Com.Suit No.347 of 20211 MHCC010025972018 Presented on : 20022018 Registered on : 09042019 Decided on : 14032022 Duration : Y M D 02 11 05 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.347 OF 2021 (SUMMARY SUIT NO.476 OF 2019) Ex.10 Mr. Dhiren Gosalia, Age 54 years, Indian Inhabitant, carrying on his Business in the name and style of M/s.…

    Read Full Order
    Order 1Full order available
    14 Mar 2022

    Order Details: Copy of Judgment Pdf Text: Judgment in Com.Suit No.347 of 20211 MHCC010025972018 Presented on : 20022018 Registered on : 09042019 Decided on : 14032022 Duration : Y M D 02 11 05 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.347 OF 2021 (SUMMARY SUIT NO.476 OF 2019) Ex.10 Mr. Dhiren Gosalia, Age 54 years, Indian Inhabitant, carrying on his Business in the name and style of M/s.…

    Read Full Order

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