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SUIT - SHORT CAUSE CIVIL SUIT

Wadhawan Lifestyle Retail Pvt LtdVsVama Apparel (I) Pvt Ltd

CNR MHCC01003435201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st September 2024

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101500/2022
Registration Date
02 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-06-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 06/09/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 06-09-2018
    
    Date: 06-09-2018
    Business: Adv. Saurabh for Plaintiff present.
    Adv. Aakash Jain for Defendant present and filed vakalatnama, TOR.
    Original writ of summons filed by advocate for plaintiff, TOR.
    Advocate for  defendant has requested to stay the proceeding in view of the order passed insolvency, he has produce the copy of order on record.
    In view of th e mater case is adjourn for hearing.
    Matter is adjd. to 15/11/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 15-11-2018
    
    Date: 15-11-2018
    Business: Adv. for Plaintiff absent.
    Adv. Ankita S. for Defendant present.
    Matter is adjd. to 17/12/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 17-12-2018
    
    Date: 17-12-2018
    Business: None for Plaintiff
    Adv. Ms. Ankita for Defendant
    Matter is adjd. to 21/01/2019 for sj hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: None for Plaintiff.
    Adv. Diksha for Defendant present.
    Matter is adjd. to 26/02/2019 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: As the Court is on leave Board is discharged and the matter stands adjd. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-04-2019
    
    Date: 25-04-2019
    Business: Adv for plaintiff Mr. Nitin Parakhe present
    Adv for deft Ms.Ankita present
    Adv for plaintiff submitted draft S/J along with affidavit
    O-Leave Granted to register S/J
    Matter is Adjd for Hearing on S/J to 06/08/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: P.O. is on training.
    Adjd to 26/9/19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: None for plaintiff.
    Adv. Ankita Sohani for deft. Present.
    Original nm no. 2650/19 @ affidavit filed by adv. for deft. t.o.r.
    Adjd. for nm reply to 21.11.2019.
    LO
    None for plaintiff.
    Adv. Ankita Sohani for deft. Present.
    Original nm no. 2650/19 @ affidavit filed by adv. for deft. t.o.r.
    Adjd. for nm reply to 21.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Nitin Parkhe for plff present.
    Adv. Ankita Sohani for deft. Present.
    Heard the Ld adv. on behalf of both the parties. By notice of motion the defendant has prayed to condone delay of 18 days caused to file reply / leave to defend. The plaintiff has no objection to allow the notice of motion since the delay is of very short period ie 18 days. In this background the notice of motion  is allowed and the leave to defend/ reply as filed on behalf to the defendant be taken on record. Accordingly nm 2650/19 is disposed of
    Adjd. to 13.12.2019 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: None present for the plff.
    Adv. Ms. Sohani present for the Deft
    Adj. For SJ hearing on 28/01/2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Pankaj shinde for plaintiff.
    Adv. Sohani for defendant.
    On request of plaintiff advocate adjd for SJ Hearing to 30-03-2020.
    The plaintiff\''s advocate proposes to file rejoinder. If he is filing rejoinder on next date, he shall serve copy of the same in advance to the defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. Nitin parte for plaintiff
    Adv. Ankita Soni for defendant
    Adv. For plaintiff filed rejoinder. Copy is served to the defendant today before the court.
    Adjd for Hearing of SJ to 20-04-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: As per office order
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv Nitin Parekh present for the plaintiff.
    Adv Brijesh Nittekar present for the defendant.
    Matter is adjd to 07.10.2021 for SJ Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Nitin Parkhe for plaintiff present.
    Adv. Brijesh Nittekar for defendant present.
    Heard both sides.
    Matter is adjd to 13/10/2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Advocate Nitin Parkhe with Adv Asaad Reshamwala for plaintiff present.
    KB
    Adv Brijesh Nitekar for defendant present.
    Matter is adjd to 22.10.2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv Runali Savardekar present for the defendant.
    KB
    LO
    As Court is busy in dictating judgment in other matters.
    Matter is adjd to 25.10.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: None present for both parties.
    FRSR following order is passed-
    O R D E R
    1.Summons for Judgment is  dismissed.
    2.Unconditional Leave is granted to defendant to defend the suit.
    3.The suit be renumbered as a Short Cause suit and be placed before the appropriate authority for allotment.
    4. Summons for Judgment No. 178 of 2019 is disposal of accordingly.
    5.Matter be sent to Board Department for registration.
    Matter is adjd to 23.12.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: None for plaintiff.
    Adv. Brijesh Nittekar  i/b R.V.J associates for the defendant present.
    Matter is adj. to 05/02/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is Adjd.  for Compliance to 05-04-2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: None present.
    Matter is adjd. for compliance to 15-07-2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: None for plff
    Adv.Prajakta I/b RVJ Associates  for Defendant and requested time to file W/S.  O- Till till next date is granted to file W.S.
    Matter is adjd on 14/09/2022 for filling written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: None for plff.  Adv Brijesh Nittekar for defendant present
    Court is busy in recording evidence in Suit No. 7681/04.  Hence, Board discharged.
    Matter is adjd on 07.11.2022 for WS
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Matter called out at 1.48 pm
    None for plff
    Adv Brijesh Nittekar for defendant present
    He submits that his WS is ready but it cannot be tender today as he could not get connected with the Director of defendant company.  He requests short time to file WS.  Granted for the reasons.
    Matter is adjd on 17.12.2022 for WS
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Matter called out at 1.22 pm
    None for plff
    Adv Brijesh Nittekar for defendant present Documents a/w plaint marked as Exh.as under
    Vakalatnama Exh.2
    Memorandum of address Exh.3
    List of Documents Exh.4
    Affidavit Exh.5
    Adv for defendant tendered WS t.o.r marked as Exh 6
    O-  R and R.  Copy be served upon adv for plff.
    Matter is adjd on 22.02.2023 for Draft issues
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv.Raj Kapadia for plaintiff present.
    Adv. Prajakta Gaonkar for defendant present and tendered service affidavit regarding service of WS. TOR and marked as Exh. 7.
    both the sides seek time to tender draft issues.
    Matter is adjd on 14-06-2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    None for defendant.
    Matter is adj to 23/08/2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    As court is busy hearing of other matters and recording evidence in Sessions Case hence, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
    Adv.Ankit Makhija h/f Adv.Raheja for defendant present.   He filed draft issues. T.O.R.
    Matter is adj to 02/11/2023 for framing of issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Prajakta Gaonkar for defendant present.
    kept back for framing of issues.
    Issues are framed (Exh-8)
    Matter is adj to 20/02/2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Prajakata Gaonkar for defendant present.
    Matter is adj to 19/04/2024 for evidence
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None for plaintiff.
    Adv.Prajakta Gavkar for defendant present.
    Matter is adj to 18/07/2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    None present.
    Matter is adj to 21/09/2024 for evidence/dismissal order.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Matter called out at 11.48am
    None present.
    Keep Back.
    Matter called out at 1.11pm
    None present.
    Keep Back.
    Matter called out at 4.29pm
    None present.
    Today also plaintiff and his advocate are absent.  Issues are framed on 02/11/2023.  Plaintiff failed to adduce evidence since long.  It show that plaintiff is not interested to proceed with the suit hence suit is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 21-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103827/2018
    Filing Date: 12-03-2018
    First Hearing Date: 25th June 2018
    Decision Date: 21st September 2024
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    21 Sept 2024
    Order Details: Other
    Pdf Text: 29
    21/09/2024
    SUIT 1500/22
    CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Matter called out at 11.48am
    None present.
    Keep Back.
    Matter called out at 1.11pm
    None present.
    Keep Back.
    Matter called out at 4.29pm
    None present.
    Today also plaintiff and his advocate are absent. Issues are framed
    on 02/11/2023. Plaintiff failed to adduce evidence since long. It
    show that plaintiff is not interested to proceed with the suit hence
    suit is dismissed for want of prosecution.
    Judge
    -- 1 of 1 --
    Order 1
    21 Sept 2024
    Order Details: Other
    Pdf Text: 29
    21/09/2024
    SUIT 1500/22
    CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
    Matter called out at 11.48am
    None present.
    Keep Back.
    Matter called out at 1.11pm
    None present.
    Keep Back.
    Matter called out at 4.29pm
    None present.
    Today also plaintiff and his advocate are absent. Issues are framed
    on 02/11/2023. Plaintiff failed to adduce evidence since long. It
    show that plaintiff is not interested to proceed with the suit hence
    suit is dismissed for want of prosecution.
    Judge
    -- 1 of 1 --

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