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SUIT - SHORT CAUSE CIVIL SUIT

Virchand Dargichand ShethVsAnvay Pharma Systems Pvt. Ltd. +2 more

CNR MHCC01002865202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 03rd March 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100892/2021
Registration Date
23 Mar 2021

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    SALE OF GOODS ACT · Sec 55

    Case History / Proceedings

    Case History
    Date: 20-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Plaintiff present.
    Adv. S. R. Maurya for plaintiff present.
    Issue writ of summons to defendants.
    Adjd for report to 30/09/2021
    Next Purpose: REPORT
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: None present for both parties.
    Adjd for report to 12/11/2021
    Next Purpose: REPORT
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Dt.12/11/2021
    Suit  892/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. S. R. Maurya for plaintiff present.
    Adjd for report to 20/12/2021
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: at 11.37 am
    Adv. S. R. Maurya for plaintiff present.
    Kb in afternoon session
    L. O at 2.51 pm
    None present when called.
    Adjd for report to 02/03/2022
    Next Purpose: REPORT
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv. S. R. Maurya for plaintiff present.
    Application filed by adv. For plaintiff for issuance of fresh writ of summons. O-Issue writ of summons to defendants.
    Adjd for affidavit of service to 16/06/2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. S. R. Maurya for plaintiff present and filed affidavit of
    service with original writ of summons and three
    acknowledgement t.o.r. marked as Exh.2
    None for defendants.
    Matter is adjd.to 02-07-2022 for ex parte order
    Next Purpose: ORDER
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None for plaintiff.
    None for defendant.
    Defendants no. 1 to 3 have been duly served with writ of summons as per three acknowledgement annexed with affidavit of service Exh. 2, but they failed to appear. Hence, suit to proceed ex-parte against defendants no. 1 to 3.
    Matter is adjd.to 21-07-2022 for ex parte evidence.
    LO at 11.30 pm.
    Adv. S. R. Maurya for plaintiff present.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Plaintiff in person present.
    None for defendant.
    K.B.
    L.O. at 12.50 P.M.
    Adv. K.P. Dubey for plaintiff present.
    Plaintiff is also present.
    Matter is adjd.to   18/08/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. S. R. Maurya a/w plaintiff present and filed evidence affidavit of PW - 1 Virchand t.o.r. marked as Exh.3
    He also filed list of documents t.o.r. marked as Exh.4
    None for defendant
    Matter is adjd.to  03-09-2022 for ex parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Holiday declared vide office order no. 178 of 2022 dt. 25.08.2022. Hence board stands discharged.
    Matter is adjd to 26/11/2022 for exparte evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-11-2022
    
    Date: 26-11-2022
    Business: Earlier, 4th Saturday in November, 2022 i.e. 26-11-2022 was declared as working Saturday as per office order No. 178/22 dtd. 25-08-2022. Subsequently, schedule is changed and 2nd Saturday in December, 2022 i.e. 10-12-2022 is declared as working Saturday instead of 26-11-2022 as per office order No. 229/22 dtd. 31-10-2022. Hence, matter is adjourned
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Adv. S.R. Mourya along with  plaintiff present.
    None for defendants no. 1 to 3.
    Examination in chief of PW1 Virchand on Exh. 3 on oath by Adv. S. R. Maurya commenced and completed.
    Cross-Examination by  defendants no. 1 to 3:
    When called absent till 12.10 PM. Hence no cross examination.
    Re-examination – Nil.
    Documents in list Exh. 4 are marked as Exh. 5 to 11.
    Adv. S.R. Maurya filed evidence close pursis. t.o.r. marked as Exh. 12
    Matter is adjd.to   23-01-2023 for ex-parte argument.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv. S. R. More along with plaintiff in persons present.
    None for defendant No. 1 to 3.
    Matter is adjd.to  15-02 -2023 for Ex-party argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Adv. S. R. Maurya a/w plaintiff present.
    None for defendants no. 1 to 3
    Heard Adv.  S. R. Maurya for plaintiff.
    Matter is adjd.to 03-03-2023 for ex parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: Adv. S. R. Maurya a/w plaintiff present.
    None for defendants no. 1 to 3
    - ORDER -
    1.S.C. Suit No. 892/2021 is partly decreed.
    2. Defendants No. 1 to 3 are directed to pay amount of
    Rs.2,90,135/- (Rupees Two Lakhs Ninety Thousand One Hundred Thirty-five Only) to the plaintiff with future interest @ 12 percent p.a. on principal amount of Rs.76,515/- from the date of the suit till the date of realization within three months from the date of decree.
    3. Defendants No. 1 to 3 shall be jointly and severally liable to  pay decretal amount to the plaintiff.
    4. Defendants No. 1 to 3 shall bear the costs of the suit.
    5. Decree be drawn up accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 03-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103070/2020
    Filing Date: 04-03-2020
    First Hearing Date: 20th April 2021
    Decision Date: 03rd March 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Mar 2023
    Order Details: Other
    Pdf Text: 3/16/23, 1:55 PM Case History
    172.16.148.30/swecourtis/kiosk/ 1/1
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    Daily Status
    IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
    Case No. :SUIT/0100892/2021
    Virchand Dargichand Sheth Vs Anvay Pharma Systems Pvt. Ltd.
    Date : 03-03-2023
    Business 	: Adv. S. R. Maurya a/w plaintiff present. None for defendants no. 1 to 3 - ORDER
    - 1.S.C. Suit No. 892/2021 is partly decreed. 2. Defendants No. 1 to 3 are
    directed to pay amount of Rs.2,90,135/- (Rupees Two Lakhs Ninety Thousand
    One Hundred Thirty-five Only) to the plaintiff with future interest @ 12 percent
    p.a. on principal amount of Rs.76,515/- from the date of the suit till the date of
    realization within three months from the date of decree. 3. Defendants No. 1 to 3
    shall be jointly and severally liable to pay decretal amount to the plaintiff. 4.
    Defendants No. 1 to 3 shall bear the costs of the suit. 5. Decree be drawn up
    accordingly.
    Nature of Disposal 	: OTHER
    Disposal Date 	: 03-03-2023
    COURT 66 ADDL SESSIONS JUDGE
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