Commercial Suit
Sachin Sadashiv JadhavVsVinayak Arun Yadav
CNR MHCC01002659201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th June 2024
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101059/2021
- Registration Date
- 08 Apr 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 201 · Sec 2(1)(c)(i)
Case History / Proceedings
Case History
Date: 29-04-2019
Business: Not on board. Taken on board.
Government has declared holiday on 29.04.19 on account of General Election. Hence, Matter taken on todays board and adjourned.
Matter is adjd. to. 08.07.19 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: None for parties.
Matter is adjd. to. 31.08.2019
Next Purpose: DIRECTIONS
Next Hearing Date: 31-08-2019
Date: 31-08-2019
Business: Court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: As court is vacant, hence board is discharge.
Next Purpose: DIRECTIONS
Next Hearing Date: 30-09-2019
Date: 30-09-2019
Business: Court is vacant.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Adv.Sutar for plff. present.
None for deft.
Adv. Kadam for proposed deft no.2 present.
Representative of proposed D/3 present.
Last chance is granted for filing Chs. reply by deft and proposed defts. to.13.01.2020.
Next Purpose: C/S REPLY
Next Hearing Date: 13-01-2020
Date: 13-01-2020
Business: Adv. Sutar for plaintiff present.
Adv. Sanad Desai for Proposed defendant no. 2 present.
None for defendants.
On oral request of Ld. Adv. for Proposed deft. no.2 adjournment granted.
Proposed deft. no. 3 has failed to file reply to C/S. Hence, C/S will be heard without reply of proposed defendant no. 3.
Defendant Vinayak Arun Yadav has failed to file WS till today. Hence, suit will proceed without WS of the defendant.
Adjd to 23-01-2020 for C/S reply .
Next Purpose: C/S REPLY
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Adv. Sutar for plaintiff present.
Adv. Sanad Desai for proposed defendant no. 2 present.
None for other defendants.
On oral request of Ld. Adv. for proposed defendant no. 2 adjournment granted as last chance.
Adjd to 10-02-2020 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Sutar for plaintiff present.
Adv. Sanad Desai for defendant no. 2 present and tendered vakalatnama t.o.r. Its marked at Exh.4 . He has also tendered reply to C/S.
Proposed deft. no. 3 has not filed reply till date. Hence, C/S will be heard without reply of proposed deft. no. 3.
Adjd to 03-04-2020 for C/S Hearing .
Next Purpose: C/S HEARING
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Next Purpose: C/S HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Business: National Lockdown
Next Purpose: C/S HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 29-08-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 29-08-2020
Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S HEARING
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 22-10-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 22-10-2020
Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S HEARING
Next Hearing Date: 19-12-2020
Date: 19-12-2020
Business: None present.
Matter stands Adj for Hearing on Ch/s to 28.01.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 28-01-2021
Date: 19-12-2020
Business: None present.
Matter stands Adj for Hearing on Ch/s to 28.01.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 28-01-2021
Date: 19-12-2020
Business: None present.
Matter stands Adj for Hearing on Ch/s to 28.01.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv Sanad Desai for deft no. 2 present.
Matter stands Adj for CS Hearing to 24/02/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv Neha Tikam for proposed deft no. 2 present.
Plff and his Adv absent.
Hence last chance is granted to the plff for hearing on CS.
Matter stands Adj for CS Hearing to 20/03/2021.
Next Purpose: C/S HEARING
Next Hearing Date: 20-03-2021
Date: 20-03-2021
Business: Adv Sutar for plff present.
Adv Neha Tikam for proposed deft no. 2 present.
Heard both parties on CS 1632/2019.
Adv for proposed deft no. 3 absent.
Matter stands Adj for CS Order to 05/04/2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-05-2021
Date: 03-05-2021
Business: As Court is busy in dictating order in other suit.
Matter adjd. to 08.06.2021 for Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-06-2021
Date: 03-05-2021
Business: As Court is busy in dictating order in other suit.
Matter adjd. to 08.06.2021 for Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-06-2021
Date: 03-05-2021
Business: As Court is busy in dictating order in other suit.
Matter adjd. to 08.06.2021 for Order
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-07-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-07-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 12-07-2021
Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.08.2021 for CHS Orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-08-2021
Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.08.2021 for CHS Orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-08-2021
Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.08.2021 for CHS Orders.
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv. Prakash Sutar for plaintiff present.
Adv. Neha Tikam for proposed deft. no.2 present.
Proposed deft. no.3 and deft. absent.
Heard arguments of plaintiff and proposed deft. no.2 on Ch/sum no.1623/19.
The matter is adjd for order on Ch/sum no.1623/19 to 25.08.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-08-2021
Date: 23-08-2021
Business: Adv. Prakash Sutar for plaintiff present.
Adv. Neha Tikam for proposed deft. no.2 present.
Proposed deft. no.3 and deft. absent.
Heard arguments of plaintiff and proposed deft. no.2 on Ch/sum no.1623/19.
The matter is adjd for order on Ch/sum no.1623/19 to 25.08.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-08-2021
Date: 23-08-2021
Business: Adv. Prakash Sutar for plaintiff present.
Adv. Neha Tikam for proposed deft. no.2 present.
Proposed deft. no.3 and deft. absent.
Heard arguments of plaintiff and proposed deft. no.2 on Ch/sum no.1623/19.
The matter is adjd for order on Ch/sum no.1623/19 to 25.08.2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: None for plaintiff.
Adv. Neha Tikam h/f. Adv. Sachin Kadam for proposed deft. no.2 present.
F.R.S.R. following order is passed in Ch/sum no.1623/19-
ORDER
1. Ch/sum no.1623/2019 is made absolute in terms of prayer clause (a) to (d).
2. Plaintiff is directed to carry out necessary amendments within 14 days.
3. Plaintiff shall supply copies of the amended plaint to the Court and defendants.
4. Issue summons to proposed defendant No.2 and 3 on supply of copies of plaint and annextures thereof.
5. Costs shall be the costs in the cause.
6. Ch/sum no.1623/2019 is disposed of accordingly.
The matter is adjd for compliance to 08.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: Plaintiff present.
Exh.5- Plaintiff filed application for extension of time for carrying out amendment.
O. - Time to comply order dated 25.08.2021 is granted till next date.
The matter is adjd for compliance to 04.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Prakash Sutar for plaintiff present.
Issue suit summons to defendant nos.2 and 3 along with copies of plaint and documents by R.P.A.D.
N/M No.1710/19 is not pressed by Adv. For plaintiff.
O. - Filed.
The matter is adjd for service affidavit to 17.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Plaintiff present.
Exh.6 - Plaintiff filed application for extension of time for service of writ of summons as per order dated 04.10.2021.
O. - Extension of time as prayed for is granted.
The matter is adjd for affidavit of service to 18.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: Adv. Sutar for plaintiff present. He tendered copy of amended plaint. T.O.R.
Adv. For plaintiff sought time for filing service affidavit. Time as prayed for is granted.
The matter is adjd for affidavit of service to 06.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Sutar for plaintiff present.
Exh.6 - Adv. For plaintiff tendered service affidavit. T.O.R.
As per service affidavit (Exh.6), deft. nos.2 and 3 are duly served with writ of summons.
The matter is adjd for appearance/order to 28.01.2022.
L.O. at 02.50 pm.
Adv. Pruthviraj Gole for deft. no.3 present. He submits that deft. no.3 instructed him to appear before the Court. He undertakes to file vakalatnama on next date.
The matter is already adjd for appearance/order to 28.01.2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: None for plaintiff.
Adv. Pruthviraj Gole for deft. No. 3 present.
Exh. 7 - filed Vakalatnama. T.O.R.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for W/st. of deft.No.3/order against deft.No.2 to 04.03.2022.
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Sutar for plaintiff present.
Adv. Pruthviraj Gole for deft. no.3 present.
Adv. For deft. no.3 sought time for filing written statement. Time as prayed for is granted.
As per service affidavit (Exh.6), deft. no.2 is duly served with writ of summons. But, he failed to tender his appearance. Therefore, suit to proceed ex-parte against deft. no.2.
The matter is adjd for written statement of deft. no.3 to 05.04.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Sutar for plaintiff present.
Adv. For plaintiff tendered draft Ch/sum. Leave to register Ch/sum is granted.
The matter is adjd for reply to Ch/sum to 21.04.2022.
L.O. at 12.10 pm.
Adv. Pruthviraj Gole for deft. no.3 present.
Exh.8 - Written statement of deft. no.3. T.O.R.
O. - Read and recorded.
The matter is already adjd for reply to Ch/sum to 21.04.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv. Prakash Sutar for plaintiff present.
Adv. For plaintiff tendered registered Ch/sum No.554/22. T.O.R.
Adv. For plaintiff also tendered service affidavit regarding service of Ch/sum to defts. T.O.R.
K.B. L.O. at 02.50 pm.
Adv. Prithviraj Gole for deft. no.3 present.
The matter is adjd for reply to Ch/sum to 08.06.2022.
Next Purpose: C/S REPLY
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: Adv. Prakash Sutar for plaintiff present.
Heard Adv. For plaintiff.
ORDER BELOW CH/SUM NO.554/2022
As per service affidavit filed on record, Ch/sum is duly served on defendants. But, they failed to file reply to Ch/sum. Suit proceeded ex-parte against deft. no.2 as per order dated 04.03.2022.
It is submitted on behalf of plaintiff that during pendency of the suit, deft. no.2 has taken possession of the vehicle by making payment of Rs.2,25,000/-. Deft. no.2 further assured to make payment of Rs.5,00,000/-.
Plaintiff wants to make amendment in the prayer clause accordingly. Trial is yet to commence. Proposed amendment is necessary in order to determine the real question in controversy. Hence, following order.
ORDER
1. Ch/sum No.554/2022 is made absolute in terms of prayer clauses (a) and (b).
2. Plaintiff is directed to carry out necessary amendment within 14 days.
3. Plaintiff is directed to make the valuation of suit claim accordingly.
4. Plaintiff is further directed to pay the deficit court fees, if any.
5. Plaintiff is directed to file amended copy of plaint.
6. Ch/sum No.554/2022 is disposed of accordingly.
The matter is adjd for compliance to 02.07.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-07-2022
Date: 02-07-2022
Business: Plff present. Adv. Prakash Sutar for plff present. He tendered copy of the amended plaint. TOR.Plff is directed to serve copy of amended plaint to defendants.Adjd for filing service affidavit on 18.7.22.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: None present.
The matter is adjd for filing service affidavit to 08.08.2022.
L.O. at 04.45 pm.
Adv. Prakash Sutar for plaintiff present.
The matter is already adjd for filing service affidavit to 08.08.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: None for plaintiff.
Adv. Pruthviraj Gole for deft. no.3 present.
K.B.
L.O. at 12.30 pm.
Adv. Prakash Sutar for plaintiff present.
Exh.9 - Adv. For plaintiff filed service affidavit regarding service of amended copy of plaint. T.O.R.
As per service affidavit (Exh.9), deft. nos.1 to 3 are duly served with amended copy of plaint. Suit already proceeded ex-parte against deft. no.2. As per order-sheet dated 30.09.2019, deft. no.1 Vinayak appeared through advocate. But, till today deft. no.1 did not file written statement. Copy of the amended plaint is also served to deft. no.1. But, deft. no.1 failed to appear before the Court.
The matter is adjd for passing no W/S order against deft. no.1 and for filing additional written statement by deft. no.3 to 07.09.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-09-2022
Date: 07-09-2022
Business: Adv. Prakash Sutar for plaintiff present.
Adv. Pruthviraj Gole for deft. no.3 present.
Deft. no.1 failed to file written statement. Therefore, suit to proceed without written statement of deft. no.1.
Suit already proceeded ex-parte against deft. no.2.
Ld. counsel for deft. no.3 sought time for filing additional written statement. Time as prayed for is granted as a last chance.
The matter is adjd for filing additional written statement by deft. no.3 to 20.09.2022.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: The Court is Vacant.
Hence, matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-11-2022
Date: 02-11-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to CR.No.14
None for plaintiff.
Adv. Ruturaj Gole for defendant no.3 present.
Exh.10 additional WS filed by defendant no.3. - read and recorded. Copy be served to the other side.
Adjd. to 22.11.2022 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: The court is vacant
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Court is vacant hence adj.to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-04-2023
Date: 24-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-07-2023
Date: 07-07-2023
Business: As court is vacant. Hence. matter is adjd to.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-08-2023
Date: 11-08-2023
Business: Matter received from C.R.No. 14.
None present for parties.
Matter is adj for admission and denial to 15/09/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: None present.
Matter is adj for admission and denial to 26/10/2023.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-10-2023
Date: 26-10-2023
Business: None present.
O- Matter is pending since 22.11.2022 for filing affidavit of admission and denial on behalf of plaintiff and on behalf of def. nos. 1 and 3. Therefore, to avoid further delay, matter to proceed without the affidavits of admission and denials of the above mentioned parties. Put up the matter for CMH hearing.
Matter is adj for CMH to 11/12/2023.
L.O at 12.30 p.m.
Adv. Prithviraj Gole for def. no. 3 is present.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: None present.
Matter is adj. for CMH to 19/01/2024.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: None present for plaintiff and defendant.
K.B.
L.O. at 15.30 p.m.
None present for plaintiff and defendant.
Matter stands Adj for CMS on 21.02.2024
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: P.O. is on leave. Matter adjourned to
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: None present for plaintiff and defendant.
Roznama shown that since long none present for plaintiff, hence, the matter kept for dismissal order on 30.04.2024.
Matter stands Adj for dismissal order on 30.04.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2024
Date: 30-04-2024
Business: P. O. is on Leave.
None present for plaintiff.
Matter stands Adj for Dismissal on 15/06/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 15-06-2024
Date: 15-06-2024
Business: None present for plaintiff.
Adv Prithviraj Gole for defendant no. 3 present.
Upon perusal of roznama it reveals that the plaintiff lastly appreared on 07/09/2022 and since thereafter failed to appear and to take appropriate steps. On previous occasions the matter is kept for dismissal. Today also none present for plaintiff when called repeatedly. It seems that the plaintiff has lost interest in the matter. Therefore, the suit stands dismissed for default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-06-2024Additional Case Details
Additional Case Details
Filing Number: 102809/2019 Filing Date: 06-03-2019 First Hearing Date: 29th April 2019 Decision Date: 15th June 2024 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Orders
1Final Order 115 Jun 2024
15 Jun 2024
Order Details: Other Pdf Text: 15.06.2024 03 CORAM : H. H. J. Shri. V. D. KEDAR, JUDGE (C. R. No. 14) Com Suit 1059/2021 None present for plaintiff. Adv Prithviraj Gole for defendant no. 3 present. Upon perusal of roznama it reveals that the plaintiff lastly appreared on 07/09/2022 and since thereafter failed to appear and to take appropriate steps. On previous occassions the matter is kept for dismissal. Today also none present for plaintiff when called repeatedly. It seems that the plaintiff has lost interest in the matter. Therefore, the suit stands dismissed for default. Judge -- 1 of 1 --
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