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Commercial Suit

M/s. WinaturalsVsM Venkatachalam B. E.

CNR MHCC01004138202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 04th January 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100508/2021
Registration Date
29 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 14-01-2021
    Business: Adv. Manish Gaikwad for plaintiff present.
    None for defendant.
    Today matter is for report.
    He seeks time for service of writ of summons. Time granted till next date.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for affidavit of service to 05-04-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: None present.
    The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay in pursuance of directions of the Hon''ble Bombay High Court which have been issued after taking into account the sharp surge in Covid-19 cases vide letter no. Insp-I/27/2021, dated 29-03-2021 making applicable the circular dated 26-03-2021 thereby allowing the restricted functioning of the court has directed as per Officer Order no. 64 of 2021, dated 29-03-2021 to Judicial Officers that Judicial Officers may not pass any adverse order owing to the absence of advocates, parties, witnesses or accused person with effect from 30-03-2021 till further orders.
    Matter adjd for affidavit of service to 29-06-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: P.O. is on leave.  The matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: None present.
    The matter is adjd for service of writ of summons to deft. to 01.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Manish Gaikwad for plaintiff present.
    Exh.2 - Adv. For plaintiff filed service affidavit.  T.O.R.
    Inspite of service of writ of summons, deft. failed to tender his appearance before the court.  Therefore, suit to proceed without appearance of deft.
    The matter is adjd for ex-parte evidence to 11.11.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv. Manish Gaikwad for plaintiff present. He sought time for adducing evidence. Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 08.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: P.O is  on  Leave,
    Matter Adjd
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv. Manish Gaikwad for plaintiff present. Plaintiff present.
    PW-1 Siddharth Natrajan present
    Contents in the affidavit are verified and recorded.
    The matter is adjd for arguments to 17.12.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Adv. Manish Gaikwad for plaintiff present.
    Heard arguments of Adv. For plaintiff.
    The matter is adjd for judgment to 04.01.2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: None present.
    Exh.5 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.      Suit is decreed with costs.
    2.    Defendant shall pay an amount of Rs.10,41,300/- (Rs. Ten Lacs, Forty One Thousand and Three Hundred only)alongwith interest at the rate of 24 percent p.a. to plaintiff from the date of the suit till it\''s realization within two months.
    3.     Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
    4.        Decree thus follow.
    Nature Of Disposal: DECREED
    Disposal Date: 04-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104595/2020
    Filing Date: 17-09-2020
    First Hearing Date: 14th January 2021
    Decision Date: 04th January 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Jan 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010041382020 Presented on : 17-09-2020 Registered on : 29-10-2020 Decided on : 04-01-2022 Duration : Y M D 01 03 17 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.508 OF 2021 (SUMMARY SUIT NO.401 OF 2020) Ex.05 M/s. Winaturals a registered Partnership firm having its office at A2, Ramnivas, 42/43, Swastik Park, Chembur, Mumbai 400 071. through its partner aged 34 years.…

    Read Full Order

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