Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1848 of 2019. 1 MHCC010037912018 Presented on : 19-03-2018. Registered on : 24-04-2018. Decided on : 20-08-2024. Duration : 6 Yr, 5 M, 1 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI. SHORT CAUSE SUIT NO.1848 OF 2019. Xoriant Solutions Pvt. Ltd. ] Winchester, 4th Floor, High Street, ] Hiranandani Business Park, Powai, ] Mumbai - 400 076.. ] .... Plaintiff. V/s Wisdom IT Services Pvt.…
SUIT - SHORT CAUSE CIVIL SUIT
Xoriant Solutions Pvt LtdVsWisdom IT Services Pvt Ltd
CNR MHCC01003791201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 20th August 2024
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 101848/2019
- Registration Date
- 24 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 12-06-2018 Business: Both parties and their counsel absent. Awaiting Service report. Adj. For Service affidavit on 13/08/20018. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-08-2018 Date: 13-08-2018 Business: None Present for the Plff. Adj. For Service affidavit of writ of summons on 23/10/2018. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 23-10-2018 Date: 23-10-2018 Business: Adv Akshay Tapkir for plaintiff present. Ld. Counsel for plaintiff sought time for filing service affidavit. Granted. Matter is kept for filing service affidavit on 24.01.2019. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 24-01-2019 Date: 24-01-2019 Business: Adv. Akshy Tapkir Present for the Plff. None Present for the Deft. Ld counsel for the Plff filed affidavit of service. t.o.r. As per service affidavit deft served by RPAD as per the postal track record on 22/10/2018. when called deft absent. Hence suit proceeded Ex-parte. Adj. For Ex-parte Evidence on 27/02/2019. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 27-02-2019 Date: 27-02-2019 Business: None Present for the Plff. None Present for the deft. Proceeded Ex-parte. Adj. For Ex-parte Evidence on 16/04/2019. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 16-04-2019 Date: 16-04-2019 Business: None Present for the Plff. None Present for the deft. Proceeded Ex-parte. Adj. for Ex-parte Evidence on 29/07/2019. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 29-07-2019 Date: 29-07-2019 Business: None present for plaintiff. Suit proceeded exparte against defendant. Matter adjd for exparte evidence on 18/09/2019. Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 18-09-2019 Date: 18-09-2019 Business: H.H.J. is on Leave Next Purpose: EX-PARTE EVIDENCE Next Hearing Date: 22-11-2019 Date: 22-11-2019 Business: Adv. Akshay for plaintiff present. Suit proceeded ex-parte against deft. Plff inperson present. List of document filed by plff. Order Read and Recorded. Matter for hearing on documents for marking Matter Adj to 14/01/2020 for marking of documents. Next Purpose: FOR___________________ Next Hearing Date: 14-01-2020 Date: 14-01-2020 Business: Plaintiff and Advocate for plaintiff both are absent. Suit already proceeded ex-parte against deft. Matter adjd for marking of documents on 05/03/2020 at 11.00 am. Later on at 01.03 pm. Adv. Akshay Tapkir for plaintiff present. Next Purpose: FOR___________________ Next Hearing Date: 05-03-2020 Date: 05-03-2020 Business: Adv. Akshay Tapki for plaintiff present. None for defendant. Court busy in other matters. Matter adjd for marking of documents to 17-04-2020 at 11.00 am. Next Purpose: FOR___________________ Next Hearing Date: 17-04-2020 Date: 17-04-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR___________________ Next Hearing Date: 06-05-2020 Date: 06-05-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR___________________ Next Hearing Date: 28-05-2020 Date: 28-05-2020 Reason For Adjournment: National Lock Down Next Purpose: FOR___________________ Next Hearing Date: 15-06-2020 Date: 15-06-2020 Next Purpose: FOR___________________ Next Hearing Date: 23-09-2020 Date: 23-09-2020 Business: In view of heavy rainfall and disturbed travel services, upon directions of the Honourable High Court, Bombay the Hon''ble I/c. Principal Judge has been pleased to declare Holiday today i.e. 23-09-2020. Hence matter adjourned. Next Purpose: FOR___________________ Next Hearing Date: 04-12-2020 Date: 04-12-2020 Business: None present. Today matter is posted for marking on documents of PW-1. Perused evidence affidavit of Pw-1 Amol Borkar, Ex.05. It appears that PW-1 has annexed documents relied evidence affidavit with the evidence affidavit. In fact PW-1 should have filed documents relied evidence affidavit with separate list of documents. Therefore, PW-1 is hereby directed to separate documents annexed with the evidence affidavit Ex.05 and file the said documents with separate list of documents. Matter adjd for compliance i.e. PW-1 to separate documents annexed with the evidence affidavit Ex.05 and file the said documents with separate list of documents to 30-03-2021. Next Purpose: COMPLIANCE Next Hearing Date: 30-03-2021 Date: 30-03-2021 Business: Nobody present. Adjd for compliance to 27/07/2021 Next Purpose: COMPLIANCE Next Hearing Date: 27-07-2021 Date: 27-07-2021 Business: Due to COVID-19 matter adj. to Next Purpose: COMPLIANCE Next Hearing Date: 04-10-2021 Date: 04-10-2021 Business: Court is vacant. Next Purpose: COMPLIANCE Next Hearing Date: 20-12-2021 Date: 20-12-2021 Business: Court is Vacant. Next Purpose: COMPLIANCE Next Hearing Date: 05-03-2022 Date: 05-03-2022 Business: AS PO IS ON TRAINING, HENCE MATTER ADJT TO 10-06-2022 Next Purpose: COMPLIANCE Next Hearing Date: 10-06-2022 Date: 10-06-2022 Business: Matter called out at 01.00 p.m. Adv Akshay Tapkir for Plaintiff present. None for defendant. Matter is adjd on 24.08.2022 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 24-08-2022 Date: 24-08-2022 Business: None for plff None for defendant Court is busy in recording evidence in Suit No. 5026/08. Hence, matter adjd Matter is adjd on 10.10.2022 for Compliance Next Purpose: COMPLIANCE Next Hearing Date: 10-10-2022 Date: 10-10-2022 Business: Adv Akshay Tapkir for plff present. None for defendant. Court is busy in recording evidence in sessions cases. Hence, matter is adjourned. Matter is adjd on 16.11.2022 for Hrg Next Purpose: HEARING Next Hearing Date: 16-11-2022 Date: 16-11-2022 Business: Matter called out at 11.17 a.m. None for plff None for defendant Plff is directed to make compliance of direction dated 4.12.2020 Matter is adjd on 27/01/2023 for hearing Next Purpose: HEARING Next Hearing Date: 27-01-2023 Date: 27-01-2023 Business: Adv. Akshay Tapkir for plaintiff present. Heard advocate for plaintiff on documents. He has filed separate list with documents as per direction dtd. 04/12/2020. the list is take on record and marked as Exh. 6. In view of contents of evidence affidavit, the documents are marked as under. Annexure A true Copy ofresolution dated 04/01/2017. TOR and marked as Exh. 7. Annexure B copy of the Invoices dated 30/04/2014; 30/06/2014;31/07/2014 and 30/11/2014. TOR marked as Exh. 8 Colly. Annexure C legal notice dated 04.11.2015 along with postal acknowledgement. TOR and marked as Exh. 9 Colly. Annexure D The legal notice dated 09/02/2016. TOR and marked as Exh. 10 Colly. Annexure E printouts of the emails dated 07/11/2013, 08/11/2013, 12/11/2013, 14/11/2013, 18/11/2013, 06/01/2014, 23/09/2014, 24/09/2013, 03/02/2015, 09/02/2015, 02/03/2015, 03/03/2015, 11/03/2015, 20/03/2015, 05/05/2015, 10/07/2015, 16/07/2015, 22/07/2015, 28/07/2015, 04/08/2015. TOR and marked as Exh.11 Colly. Section 65B Certificate of Mr. Deepak Bhandarkar. Along with Authority letter dated 16/09/2019. Adv. for plaintiff filed evidence close pursis. TOR and marked as Exh. 13. Matter is adjd on 27-03-2023 for hearing. Next Purpose: HEARING Next Hearing Date: 27-03-2023 Date: 27-03-2023 Business: Adv Akshay Tapkir for plaintiff present. Matter wrongly under caption for hearing. Heard advocate for plaintiff. Matter is adjd on 11.04.2023 for Judgment. Next Purpose: JUDGMENT Next Hearing Date: 11-04-2023 Date: 11-04-2023 Business: Adv. Akshay Tapkir for plaintiff present. KB for judgment. LO at 1.39 pm Matter is for judgment. Claim of the plaintiff includes credit towards TDS deduction. Clarification from advocate for plaintiff is necessary regarding suit claim and ledger account is not on record. Adv. for the plaintiff to clarify accordingly. Matter is adjd on 06-06-2023 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 06-06-2023 Date: 06-06-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) As court is busy in argument in Suit No.1750/16, Suit No.4752/11 and Suit No.234/17 remaining first session board is discharged. Matter is adj to 14/07/2023 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 14-07-2023 Date: 14-07-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. Matter is adj to 25/10/2023 for argument. Later on at 1.22pm Adv. Akshay C.Tapkir for plaintiff present. Next Purpose: ARGUMENTS Next Hearing Date: 25-10-2023 Date: 25-10-2023 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None for plaintiff. Matter is adj to 12/02/2024 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 12-02-2024 Date: 12-02-2024 Business: Adv. Radhali Kadami i/b Adv. Akshay Tapkir for Appeallecants/ Plaintiffs Present. She seeks time to argue. O-Granted as a last chance. None for Defendant Matter is adj to 15-03-2024 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 15-03-2024 Date: 15-03-2024 Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Akshay C.Tapkir for plaintiff present. None for defendant. Matter is adj to 16/04/2024 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 16-04-2024 Date: 16-04-2024 Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) Adv.Akshay C. Tapkir for plaintiff present. None for defendant. Kept back Matter called out at 12.26pm Adv.Akshay C. Tapkir for plaintiff present. None for defendant. Heard Ld.Adv. for the plaintiff. Matter is adj to 09/05/2024 for ex-parte judgment. Next Purpose: EX-PARTE JUDGEMENT Next Hearing Date: 09-05-2024 Date: 09-05-2024 Business: PO IS ON LEAVE. Next Purpose: EX-PARTE JUDGEMENT Next Hearing Date: 20-06-2024 Date: 20-06-2024 Business: Po is on leave Next Purpose: EX-PARTE JUDGEMENT Next Hearing Date: 04-07-2024 Date: 04-07-2024 Business: Po is on leave Next Purpose: EX-PARTE JUDGEMENT Next Hearing Date: 19-08-2024 Date: 19-08-2024 Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) None present. Matter is adj to 20/08/2024 for ex-parte judgment. Next Purpose: EX-PARTE JUDGEMENT Next Hearing Date: 20-08-2024 Date: 20-08-2024 Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59) Adv.Bankar for plaintiff present. None for defendant. F.R.S.R following order is passed in Suit No.1848/2019. ORDER Suit No.1848 of 2019 is partly allowed. Nature Of Disposal: PARTLY DECREED Disposal Date: 20-08-2024
Additional Case Details
Additional Case Details
Filing Number: 104194/2018 Filing Date: 19-03-2018 First Hearing Date: 12th June 2018 Decision Date: 20th August 2024 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
20 Aug 2024
Order 1Full order available
20 Aug 2024
Order Details: Copy of Judgment Pdf Text: Judgment in Suit No. 1848 of 2019. 1 MHCC010037912018 Presented on : 19-03-2018. Registered on : 24-04-2018. Decided on : 20-08-2024. Duration : 6 Yr, 5 M, 1 D. IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI. SHORT CAUSE SUIT NO.1848 OF 2019. Xoriant Solutions Pvt. Ltd. ] Winchester, 4th Floor, High Street, ] Hiranandani Business Park, Powai, ] Mumbai - 400 076.. ] .... Plaintiff. V/s Wisdom IT Services Pvt.…
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