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Commercial Suit

M/s. Gautam Tube CorporationVsM/s. Sai Wardha Power Ltd

CNR MHCC01004160201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 06th December 2021

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100239/2020
Registration Date
16 Aug 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: 06-09-2018
    Business: Paresh Mehta representative of pltff presnet. Adv. Pravesh Anand Gupta  for pltff  present.
    Adv. for deft. absent.
    Exh.1 - Plaint
    Exh. 2 - Vakalatnama
    Exh. 3- Address memo
    Exh. 4- List of document.
    Exh. 5- Application filed by pltff for extension of time to serve writ of summons.
    Order- Application allowed.  Time extended till next date to serve writ of summons.
    Matter adjd to 14.11.2018 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-11-2018
    
    Date: 14-11-2018
    Business: None present.
    Matter adjd to 15/01/19 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-01-2019
    
    Date: 15-01-2019
    Business: Adv. K.B. Dubey  for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 19.3.2019 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Adv. Mr. Maurya for Plaintiff present.
    Affidavit of service alongwith original writ of summons filed by plff adv Mr. Maurya marked as Exh.6.
    Defendant absent, Despite service of summons suit is posted for ex-parte.
    Matter is adjd. to for writ of summons  on 25.06.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: Adv. Mr. Mauriya for plaintiff, prayed for adjd.
    None for defendant present.
    In view of affidavit of service vide Exh.6, summons is duly served on deft by R.P.A.D. Suit to proceed Ex-parte.
    Matter is adjd. for ex-parte evidence on 14.10.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv. Mr. Mourya for Plaintiff prayed for  adjournment.
    None for deft.
    Matter is adjd.to 21.01.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Advocate S. R. Morya for plaintiff is present and requested short adjournment. Request is allowed.
    None present for plaintiff.
    Adjourned for (ex-parte) evidence of PW-1 to 26.02.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Advocate Mourya for plaintiff is present and requested short adjournment. Request is allowed.
    None present for defendant.
    Adjourned for evidence of plaintiff to 09.03.2020.
                                                                                   Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Plaintiff a/w Adv. present.
    None for defendants.
    Exh.7    Affidavit of evidence of Plaintiff.
    Exh.8    Compilation of documents.
    Exh.9  Tax Invoice No.26802 dt. 16/7/2016.
    Exh.10  Transport L.R. No.W4100024876.
    Exh.11  Extract of ledger account for the year 1/4/13 to 31/3/14.
    Exh.12  Extract of ledger account for the year 1/4/14 to 31/3/15.
    Exh.13  True Extract of ledger account for the year 1/4/15 to 31/3/16.
    Exh.14  Extract of ledger account for the year 1/4/16 to 31/3/17.
    Exh.15  Extract of ledger account for the year 1/4/17 to 31/3/18.
    Exh.16  Extract of ledger account for the year 1/4/18 to 31/3/19.
    Exh.17  Demand Notice dt. 13/2/2017.
    Exh.18  Postal receipt dt. 14/2/2017.
    Exh.19  A/D Card.
    Exh.20  Demand Notice dt. 29/1/2018.
    Exh.21  Postal receipt dt. 27/1/2018.
    Exh.22  A/D Card.
    Exh.23  Notarized copy of Power of Attorney dt. 22/3/2018.
    Exh.24  Certificate dt. 22/8/2019 u/s.65(b) of Evidence Act.
                                    ----
    Further Examination in Chief of PW 1 recorded.
    Adjourned for further evidence of plaintiff to 26/3/2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for (ex-parte) evidence to 22.01.2021.
                                                                                    Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Both parties and their advocates are absent when called out.
    Matter is adjd.to05-02-2021 for evidence (ex-parte)
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    
    Date: 28-10-2021
    Business: None for defendant/ Applicant.
    None for plaintiff / Respondent.
    As the suit is restored as per order in NM No. 925/21, issue notices to both sides informing next date of hearing as 27-11-2021.
    Matter is adjd.to   27-11 -2021 for appearance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: a
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv. S. R. Maurya  alongwith  Constituted attorney of the plaintiff Paresh Mehta present and filed application for withdrawal of the suit. t.o.r. and marked as Exh.28
            Adv. for plaintiff submitted that the plaintiff company has been liquidated and therefore, he  does not want to continue the suit proceeding.  Constituted attorney of the plaintiff Paresh Mehta has admitted his signature on the application and expressed desire of withdrawing the suit.  Considering contents in Exh.28  and submission of Ld. Adv.  S. R. Maurya , I passed the following order -
    Order
    1. Application Exh.28  is allowed.
    2. Com SU No 239/2020 is disposed off as withdrawn.
    3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
    4. Parties shall bear their own costs.
    5. Proceeding of the suit is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 06-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104541/2018
    Filing Date: 27-03-2018
    First Hearing Date: 06th September 2018
    Decision Date: 06th December 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    06 Dec 2021
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
    Business : Adv. S. R. Maurya alongwith Constituted attorney of
    the plaintiff Paresh Mehta present and filed application
    for withdrawal of the suit. t.o.r. and marked as Exh.28
    Adv. for plaintiff submitted that the plaintiff
    company has been liquidated and therefore, he does
    not want to continue the suit proceeding. Constituted
    attorney of the plaintiff Paresh Mehta has admitted his
    signature on the application and expressed desire of
    withdrawing the suit. Considering contents in Exh.28
    and submission of Ld. Adv. S. R. Maurya , I passed the
    following order -
    Order
    1. Application Exh.28 is allowed.
    2. Com SU No 239/2020 is disposed off as
    withdrawn.
    3.Court fees be refunded to the Plaintiff as per rules and
    Refund Certificate be issued accordingly.
    4. Parties shall bear their own costs.
    5. Proceeding of the suit is closed.
    COURT 31 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    05 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 239/2020. 1 Ex-parte Judgment. MHCC010041602018 Presented on : 27-03-2018 Registered on : 16-08-2018 Decided on : 05-02-2021 Duration : 2 years, 10 months, 9 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 239 OF 2020 Exh.26. M/s. Gautam Tube Corporation, ) A Partnership Firm, having its ) Registered Office at 7, Doshi Bhavan ) 1st Floor, 2nd Carpenter Street, ) Mumbai – 400 004. Through its ) Constituted…

    Read Full Order
    Order 2
    06 Dec 2021
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
    Business : Adv. S. R. Maurya alongwith Constituted attorney of
    the plaintiff Paresh Mehta present and filed application
    for withdrawal of the suit. t.o.r. and marked as Exh.28
    Adv. for plaintiff submitted that the plaintiff
    company has been liquidated and therefore, he does
    not want to continue the suit proceeding. Constituted
    attorney of the plaintiff Paresh Mehta has admitted his
    signature on the application and expressed desire of
    withdrawing the suit. Considering contents in Exh.28
    and submission of Ld. Adv. S. R. Maurya , I passed the
    following order -
    Order
    1. Application Exh.28 is allowed.
    2. Com SU No 239/2020 is disposed off as
    withdrawn.
    3.Court fees be refunded to the Plaintiff as per rules and
    Refund Certificate be issued accordingly.
    4. Parties shall bear their own costs.
    5. Proceeding of the suit is closed.
    COURT 31 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1Full order available
    05 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 239/2020. 1 Ex-parte Judgment. MHCC010041602018 Presented on : 27-03-2018 Registered on : 16-08-2018 Decided on : 05-02-2021 Duration : 2 years, 10 months, 9 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 239 OF 2020 Exh.26. M/s. Gautam Tube Corporation, ) A Partnership Firm, having its ) Registered Office at 7, Doshi Bhavan ) 1st Floor, 2nd Carpenter Street, ) Mumbai – 400 004. Through its ) Constituted…

    Read Full Order

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