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Commercial Suit

Kanahialal RamsaranVsAccord Builders +1 more

CNR MHCC01003986202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 09th December 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100897/2021
Registration Date
23 Oct 2020

Advocates

2

For Petitioner

For Respondent

Parties

3

Petitioner

  1. 1Kanahialal Ramsaran

Respondent

  1. 1Accord Builders
  2. 2Mr. Kamal Kishore Gupta

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

Case History / Proceedings

Case History
Date: 01-12-2020
Business: By Precipe
Adv. Diamondwala for defendant present and filed Vakalatnama.
O- Keep for order on Vakalatnama.
Matter is already adjd on 08.01.2021.
Next Purpose: ORDER
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv. Neha Pandeya for plaintiff present.
Adv.for defendant absent.
Today the Adv. of plaintiff has tendered the draft summons for judgment.
 O- Leave granted to register.
Issue summons to the defendant on necessary process fee r/o 08.02.2021.
Adjd for report on 08.02.2021.
Next Purpose: REPORT
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: P.O. is on leave
Next Purpose: REPORT
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv. Neha Pandey for plaintiff is present.
None for defendant.
Adv.for plaintiff tendered original registered SJ No. 11/21. T.O.R.
Matter adjd for SJ hearing on 14.06.2021. (Afternoon Session)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Business: None present for plaintiff.
Adv. Huda Diamondwala i/b Diamond and Co. for defendant present.
Due to rise in Covid cases, matter is adjd to 21.06.2021 for hrg. on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: Adv. Neha Pandey h/f adv. Sarogi for Plaintiff present.
Adv. Mr. A. Diamondwala for defendant present.
The plaintiff tendered rejoinder in SJ 11/21.  Copy of same is obtained by the defendant.
Adjd. for SJ hearing to 13/8/2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv.Neha Pandey h/f.Adv.Sarogi for plaintiff present.
None present for defendant.
Adv.of plaintiff orally requested time. Time granted.
Matter adjd to 20.08.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for plaintiff.
Adv.Noorain Patel h/f.Diamondwala and Co. for defendant present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
       Plaintiff absent for the argument of SJ, hence, no argument of the plaintiff on SJ. The defendant orally requested time for his argument on SJ. Oral request not maintainable. The defendant to make written application.
KB for filling written application.
LO at 01.01 pm
Adv.Mr.Noorain Patel h/f.Diamondwala and Co. for defendant present.
Adjournment application, Exh.5 filed by Adv. of defendant t.o.r.
O-Time granted as the last chance.
Matter adjd to 23.09.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None present for plaintiff present.
Adv.H.Diamondwala for defendant present.
Heard the defendant on SJ No.11/2021.
KB
LO at 01.12 pm
Adv.H.Diamondwala for defendant present. She wants to file documents in support of the argument.
Matter adjd to 29.09.2021 for filing of documents and order on SJ.
Next Purpose: ORDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None present for plaintiff.
Adv.Noorain Patel i/b.Diamondwala and Co. for defendants present.
The defendant tendered application for production of partnership deed and registration certificate, Exh.5 t.o.r O-Otherside to say. Copy of the same is kept on record for furnishing it to otherside.
List of documents, Exh.6 t.o.r.
Matter adjd to 12.10.2021 for say on Exh.5 and order on SJ.
Next Purpose: REPLY
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.39 pm
Adv.Noorain Patel i/b.Diamondwala and Co. for defendant present.
No reply is filed by the plaintiff on Exh.5. Copy of the same is also not obtained by the plaintiff.
O-Production of documents in the list Exh.6 is allowed.
Matter adjd to 20.10.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.14 pm,
Adv.Noorain Patel i/b.Diamondwala and Co. for defendant present.
Already defendant is heard on SJ on 23.09.2021. No argument of the plaintiff on SJ. SJ adjd for order.
Matter adjd to 09.11.2021 for SJ order.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
Adv.Noorain Patel i/b.Diamondwala and Co. for defendant present.
Order on Exh.5-No say filed. Production is allowed.
Order on Exh.6-Filed.
F.R.S.R. the following order is passed
ORDER
1.Summons for Judgment No.11/2021 is dismissed.
2. Leave to defend is allowed to the defendants on condition that the defendant No.1 shall within one month deposit an amount of Rs.5,00,000/- in the Court as a security. Both the defendants shall file written statement within said time.
3. Costs of this summons for judgment is kept in cause.
Matter adjd to 09.12.2021 for compliance by the deft.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: None present for plaintiff.
Adv. Noorain Patel i/b Dimondwala and Co. for defendant present.
The defendant submits that the dispute is settled with the plaintiff and the plaintiff will withdraw the suit. Plaintiff is absent for submissions. Hence, KB
LO at 1.25 p.m.
None present.
KB
LO at 2.56 p.m.
Adv. Sana Khan for plaintiff present.
Adv. Noorain Patel i/b Dimondwala and Co. for defendant present.
KB
LO at 3.39 p.m.
Same appearance.
The plaintiff filed application for withdrawal of suit Exh.07.
                              ORDER BELOW EXH.07
The plaintiff by this application wants to withdraw the suit as there is settlement between the parties. Hence, permission to withdraw the suit is granted. I proceed to pass order below Exh.01.
                               ORDER BELOW EXH.01
Read the application Exh.06 and order passed thereon. The plaintiff is allowed to withdraw the suit unconditionally. Hence, I pass the following order.
                                       ORDER
1. Suit is dismissed as withdrawn.
2. Parties to bear their own costs.
3. Plaintiff is entitled for refund of court fees.
Nature Of Disposal: DISMISSED
Disposal Date: 09-12-2021

Additional Case Details

Additional Case Details
Filing Number: 104416/2020
Filing Date: 07-09-2020
First Hearing Date: 01st December 2020
Decision Date: 09th December 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
09 Dec 2021
Order Details: Order below exhibit
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :Commercial Suit/0100897/2021
Kanahialal Ramsaran Vs Accord Builders
Date : 09-12-2021
Business : None present for plaintiff. Adv. Noorain Patel i/b
Dimondwala and Co. for defendant present. The defendant
submits that the dispute is settled with the plaintiff and the
plaintiff will withdraw the suit. Plaintiff is absent for
submissions. Hence, KB LO at 1.25 p.m. None present. KB
LO at 2.56 p.m. Adv. Sana Khan for plaintiff present. Adv.
Noorain Patel i/b Dimondwala and Co. for defendant
present. KB LO at 3.39 p.m. Same appearance. The plaintiff
filed application for withdrawal of suit Exh.07. ORDER
BELOW EXH.07 The plaintiff by this application wants to
withdraw the suit as there is settlement between the parties.
Hence, permission to withdraw the suit is granted. I proceed
to pass order below Exh.01. ORDER BELOW EXH.01
Read the application Exh.06 and order passed thereon. The
plaintiff is allowed to withdraw the suit unconditionally.
Hence, I pass the following order. ORDER 1. Suit is
dismissed as withdrawn. 2. Parties to bear their own costs.
3. Plaintiff is entitled for refund of court fees.
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