SUIT - SHORT CAUSE CIVIL SUIT

Unitop Chemicals Pvt LtdVsJay Agro Industries +2 more

CNR MHCC01003889201859-Court 59 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--WITHDRAWL

Decision Date: 19th October 2024

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number: 101857/2019
Registration Date: 27 Mar 2018

Advocates

For Petitioner

O. Sankaran Kutty

For Respondent

Not available

Parties

Petitioner

1Unitop Chemicals Pvt Ltd

Respondent

Acts & Sections

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

Case History / Proceedings

Case History

Date: 17-04-2018
Business: Adv. for plaintiff present. None for deft.
Adv. for plaintiff seeking time for affidavit of service. Time granted.
Matter adj. for affidavit of service on 21.06.2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-06-2018

Date: 21-06-2018
Business: Adv.Anothy Present for the Plff.
Adv. V. P. Shastri Present for the Deft.
Adv. For the Plff filed Service affidavit. t.o.r.
Adv. V. P. Shastri filed VP. t.o.r.
As per service affidavit the writ of summons served upon Deft no. 1 to 3 by RPAD on 16/04/2018. Hence time granted for WS within limitation period for WS.
Adj. For WS on 16/07/2018.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-07-2018

Date: 16-07-2018
Business: Adv. Sanjay Present for the Plff.
Adv. Nirav Shah Present for the Deft.
Ld counsel for the deft filed WS. t.o.r. copy supplied to Plff.
Adj. For Draft Issue on 06/09/2018.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 06-09-2018

Date: 06-09-2018
Business: Adv. Kutty Present for the Plff.
Adv. V. P. Shastri Present for the Deft.
Ld counsel for the Plff filed Draft issues. t.o.r. copy served to ld counsel for the Deft.
Adj. for Draft issue by Deft on 16/11/2018.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-11-2018

Date: 16-11-2018
Business: Adv. Sanjay Palekar Present for the Plff.
Adv. R. A. Ishapur Present for the Deft.
Ld counsel for the deft filed Draft Issues. t.o.r.
Issues Framed.
Adj. For Settling Date on 10/12/2018.
Next Purpose: FOR___________________
Next Hearing Date: 10-12-2018

Date: 10-12-2018
Business: Adv. Sanjay Palekar Present for the Plff.
None Present for the Deft.
No witness list filed by both sides.
Adj. For Evidence of Plff on 24/01/2019.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. O. S. Kutty Present for the Plff.
Adv. R. S. Visapure Present for the Deft.
Ld counsel for the Plff filed Chief in affidavit of evidence. t.o.r. copy be served upon otherside.
Ld counsel for the Plff filed Compilation of the document. t.o.r. copy be served upon otherside.
PW1 Vishwanath Shettigar Present.
Adj. For Admission denial of the document and further Examination Chief of PW1 on 14/02/2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Adv. O. S. Kutty Present for the Plff.
Adv. V. P. Shastri Present for the Deft.
PW1 Present.
LD counsel for the Deft sought time for filing reply of Admission and denial. However the reply notice dt.12/03/2018 issued by deft speaks about payment. Therefore their exists an element of settlement between the parties  hence matter is referred for Mediation. Both parties are requested to appear at 11.00 a.m. before Mediation centre on 11/03/2019.
Adj. For Reply of admission and denial by Deft and mediation report on 11/03/2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-03-2019

Date: 11-03-2019
Business: Both parties and their counsel absent.
PW1 absent.
Adj. For Admission denial of the document and further Examination Chief of PW1 on 18/06/2019.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-06-2019

Date: 18-06-2019

Date: 12-07-2019
Business: Adv. Sanjay Palekar for plaintiff present.
Adv. V.P. Shastri for defendant present.
PW-01 present.
Reply filed by defendant on admission or denial of documents. As per said reply defendant has admitted following documents. Hence those be exhibited.
Further examination-in-chief of PW-01 (Exh.6) is deferred.
Exh.8 Certified copy of board resolution dt.10.02.2018.
Exh.9 Scan copy of purchase order No.278/RM/15-16 dt.08.08.15.
Exh.10 Scan copy of purchase order No.307/RM/15-16 dt.13.08.15.
Exh.11 Scan copy of purchase order No.335/RM/15-16 dt.22.08.15.
Exh.12 Scan copy of purchase order No.335/RM/15-16 dt.08.08.15.
Exh.13 Scan copy of purchase order No.335/RM/15-16 dt.22.08.15.
Exh.14 Scan copy of purchase order No.345/RM/15-16 dt.26.08.15.
Exh.15 Scan copy of purchase order No.358/RM/15-16 dt.04.09.15.
Exh.16 Scan copy of purchase order No.369/RM/15-16 dt.07.09.15.
Exh.17 Scan copy of purchase order No.369/RM/15-16 dt.07.09.15
Exh.18 Scan copy of purchase order No.392/RM/15-16 dt.15.09.15.
Exh.19 Colly. (A) Cheques No.077958 dt.30.01.2017 and (B) Dishonour Memos dt.12.04.2017.
Exh.20 Colly. (A) Cheques No.077959 dt.05.02.2017 and (B) Dishonour Memos dt.12.04.2017.
Exh.21 Demand notice dt.20.05.2017.
Exh.22 Colly. Legal notice dt.13.02.2018 alongwith postal envelop.
Matter adjd for R/E (PH) on 29/08/2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Adv. Sanjay Palekar for plaintiff present.
Adv. V.P. Shastri for defendant present.
PW-01 is absent.
On the request of Ld. Counsel for plaintiff matter is adjourned.
Matter adjd for R/E (PH) on 21/10/2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: NOB TOB
On 21/10/2019 declared holiday on account of State election.
None present for plaintiff.
Adv. V.P. Shastri for defendant present.
Matter adjd for R/E (PH) on 13/12/2019.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 13-12-2019

Date: 13-12-2019
Business: H.H.J. is on training
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: H.H.J. is on leave
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Adv. V.P. Shashtri for defendant present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for R/E(PH) to 06-07-2020 at 11.00 am.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 22-01-2021

Date: 22-01-2021
Business: At. 11.05 am
Adv. V. P. Shastri  for defendant present.
Adjd for recording evidence to 06/04/2021
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Court is vacant
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: None present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: None present for Plaintiff.
	Adv. Mr. Shastri for Defendant present.
	Matter adj. to 28/09/2021 for R/E.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 28-09-2021

Date: 28-09-2021

Date: 17-09-2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2022

Date: 10-11-2022
Business: Matter called out at 12.13 pm
Authorised Representative of plff present
Adv O. Shankaran Kutty for plff present
None for defendant
Adv for plff tendered service affidavit of intimation of the date to defendants and their adv t.o.r marked as Exh 26
It shows that defendants has refused to accept the service.  However,  the letter is received by the adv for defendant.  Adv for plff tendered application to substitute the Authorised Signatory of the plff t.o.r marked as Exh 27.
O-  Heard adv for plff.  Other sides has not appeared despite of service of notice.  It is submitted that earlier Authorised Signatory Mr. Vishwanath Shettigar has expired on 03.03.2020.  The copy of death extract is annexed with the application.  The copy of Board Resolution dated 02.08.2021, Authorising Mr. Pradeep S.Naik to represent the plff is also annexed with the application.  He is present today in the court.  In view of the reasons, the application Exh 27 is allowed.
Adv for plff tendered evidence affidavit of PW 1 Pradeep S.Naik t.o.r marked as Exh 28
O- R and R
He also tendered list of documents a/w documents t.o.r marked as Exh 29
O- Defendant to file admission denials
Copies of evidence affidavit and documents be served upon adv for defendant.
Matter is adjd on 09.01.2023 for RE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Matter called out at 12.02 pm
Adv O.S.Kutty for plff present
Adv V.P.Shastri for defendant present
Adv for plff requests to exhibit the remaining documents in list Exh 7.  On perusal of evidence affidavit of the witness, it appears that necessary statements for proving the documents are not there in the evidence affidavit.  Adv for plff submits that he wil file additional evidence affidavit.
Matter is adjd on 09.03.2023 for RE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: Court is busy in hearing argument in SU 6072/07, recording evidence in SU 2961/07, SC 1035/19  and SC 309/17.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv.Aditi Sail for plaintiff present and seeks time to file additional affidavit of evidence.
None for defendant.
Matter is adjd on 30-06-2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy in recording evidence in Suit No. 1700/19 and Sessions Case No.2006/19 hence, first session remaining board is discharged with directions parties may mark their appearance, file necessary application with Sheristedar.
Adv.Sanjay V. Palekar for plaintiff present.
Adv. V.P.Shastri for defendant Present.
Matter is adj to 20/07/2023 for recording evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv Sanjay V. Palekar h/f Adv O. Sankaran Kutty for plaintiff present.
None for defendant.
As court is busy in hearing  other matter hence, parties are directed to mark their appearance, file necessary application with Sheristedar. Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Matter is adj to 07.11.2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-11-2023

Date: 07-11-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.K.V.Sharafudeen i/b Adv.O.S.Kutty for plaintiff present.  He filed additional affidavit of evidence marked as Exh-30.
Adv.V.P.Shastri for defendants present.   He wants to file reply.
Matter is adj to 02/01/2024 for reply on Exh-30
Next Purpose: REPLY
Next Hearing Date: 02-01-2024

Date: 02-01-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv Sanjay V. Palekar h/f Adv O. Sankaran Kutty for plaintiff present.
Adv.for defendant present.
Matter is adj to 06/02/2024 for reply on Exh-30
Next Purpose: REPLY
Next Hearing Date: 06-02-2024

Date: 06-02-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.O.Sankaran Kutty for plaintiff present.
Adv.V.P.Shastri for all defendants present.  He filed reply on documents marked as Exhibit-31.
Heard both the sides on Exhibit-7.
                     ORDER ON EXHIBIT-7
         It is submission of Ld.Adv. for the plaintiff that document at Sr.No.2 to 11 under caption-B were not marked when rest of the documents were marked in exhibit.  It is his submission that therefore the plaintiff filed further affidavit of examination in chief of witness Mr.Pradip Naik at Exhibit-30 wherein witness deposed that he knows the signature of the person who issued those documents hence it can be marked in evidence.  On the other hand it is submission of Ld.Adv. for defendant that those documents are not signed by the witness.  He also submit that document at Sr.No.27 was not appended with the plaint hence can not be marked.
         During the course of the argument Ld.Adv. for the plaintiff was repeatedly asked whether the witness Pradip Naik is author, writer or signatory of aforesaid documents.  He replied that though the witness has not signed, written such documents he has deposed that those documents were received or issued by the plaintiff company.  On perusal of affidavit of witness Pradip Naik it is seen that he deposed that those documents were prepared from office of the plaintiff.  However he does not deposed that he has personal knowledge of the contents of the documents or he is signatory of such documents therefore the oral evidence of Pradip Naik is not sufficient to mark those documents to read in evidence.  Accordingly those documents at Sr.No.2 to 11 as aforesaid are not marked.  However, the document at Sr.No.27 is received by the plaintiff and it is not the decisive factor hence marked with Exh-32.
Matter is adj to 26/03/2024 for cross-examination of plaintiff witness.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.O.S.Kutty a/w Adv.Sanjay V.Palekar a/w Adv.Sayali Kadam for plaintiff present.
None for defendant.
Kept back.
Later on at 12.09pm
Adv.O.S.Kutty a/w Adv.Sanjay V.Palekar a/w Adv.Sayali Kadam for plaintiff present.
Adv.V.P.Shastri for all defendant present.
Witness present.
Adv.for plaintiff submit that the witness is going to leave India after 30/03/2024 hence his evidence be recorded.
Considering submission of both the sides and by consent of both the parties, matter is adj to 28/03/2024 for cross examination of PW-1 at 12.30pm
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Sanjay Palekar h/f Adv.O.S.Kutty for plaintiff present.
Adv.Mr.V.P.Shastri for all defendant present.
Due to recess cross-examination is deferred at 2.45pm
Matter called out at 3.11pm
Adv.Sanjay Palekar h/f Adv.O.S.Kutty for plaintiff present.
Adv.Mr.V.P.Shastri for all defendant present.
Cross-examination of PW-1 Pradip Sankar Naik commence and completed.
Adv.for plaintiff filed evidence closing pursis marked as Exhibit-33.
Matter is adj to 12/06/2024 for evidence of defendant.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.O.Sankaran Kutty for plaintiff present.
None for defendant.
Matter is adj to 29/06/2024 for evidence of defendant/order.
Later on at 12.15pm
Adv.V.P. Shastri for defendant present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2024

Date: 29-06-2024
Business: PO IS ON LEAVE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: Po is on leave
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Sanjay V. Palekar h/f Adv.O.Sankaran for plaintiff present.
None for defendant.
Adv.Sanjay Palekar for plaintiff filed application for withdrawal of the suit marked as Exhibit-34.
Application Exh-34 is allowed as prayed for.
ORDER
1. Suit No.1857 of 2019 of is disposed of as withdrawn.
2. Court fees be refunded as per the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 19-10-2024

Additional Case Details

Filing Number: 104275/2018
Filing Date: 21-03-2018
First Hearing Date: 17th April 2018
Decision Date: 19th October 2024
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

Final Order 2

19 Oct 2024

Order Details: Other
Pdf Text: 26
19/10/2024
SUIT 1857/19
Exh-34
CORAM - H.H.J. SMT. A. V. KASTURE -(C.R.NO.59)
Adv.Sanjay V. Palekar h/f Adv.O.Sankaran for plaintiff present.
None for defendant.
Adv.Sanjay Palekar for plaintiff filed application for withdrawal of
the suit marked as Exhibit-34.
Application Exh-34 is allowed as prayed for.
ORDER
1. Suit No.1857 of 2019 of is disposed of as withdrawn.
2. Court fees be refunded as per the rules.
Judge
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Interim Order 1

28 Sept 2021

Order Details: Other
Pdf Text: Sr. No. 13 CORAM : HIS HONOUR JUDGE SHRI. H. S. SATBHAI
(C.R.NO.59)
28/09/2021 Adv. Sanjay Palekar present for Plaintiff.
SU 1857/19 Adv. Sashtri present for Defendant.
The issues are framed on 16/11/18. On 24/01/2019, the pltff
filed the affidavit of evidence of PW1 Vishwanath. On
12/07/2019 the documents of pltff were taken in evidence. From
29/08/19 the suit was awaiting the presence of PW1 for
recording his cross examination. The record goes to show that he
did not turned up. Today also he is absent. When the matter has
been taken up for passing appropriate order, it is informed that
said Vishwanath PW1 died on 03/03/2020. For 18 months the
pltff did nothing to appoint a new person as its representative.
Today also a time has been sought informing that pltff is intending
to appoint a new person in place of Vishwanath. Period of 18
months was more that sufficient to make that exercise. No
justifiable cause has been shown to adjourn the hearing of suit.
Hence the application is rejected and consequently the suit is
dismissed for want of prosecution and accordingly disposed of. No
order as to costs.
Judge
-- 1 of 1 --

Order 2