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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

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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

    2
    Final 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.…

    Read Full Order
    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.…

    Read Full Order

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