Commercial Suit
Wockhardt Hospital Ltd Through Mr. Simon John FernandesVsMr. Kishor Vallabhaji Poladia
CNR MHCC01004290202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--COMPROMISE
Decision Date: 01st December 2022
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 100859/2021
- Registration Date
- 08 Dec 2020
Advocates
2For Petitioner
For Respondent
Parties
2Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 37
Case History / Proceedings
Case History
Date: 04-01-2021
Business: By Precipee.
NOB. TOB
Adv. S.S. Balla for deft present.
He has file V/P t.o.r marked at Exh.2.
Adjd for directions on 15.02.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21. Matter is adjourned to
Next Purpose: DIRECTIONS
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Adv. for the plaintiff present.
None for defendant.
It is submitted that the plaintiff is intending to take out CH/S for change of its officer. On oral request of Adv. for the plaintiff matter adjourned for directions.
Matter adjd for directions on 05.04.2021.
LO at 1.35 p.m.
Adv. Vaibhav Parab h/f Adv. Vaibhav Parab for defendant is present.
Matter adjd for directions on 05.04.2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Adv. Shama Ghotekar for plaintiff is present.
None for defendant.
Adv.for plaintiff tendered draft CH/S. O- Leave granted to register.
Matter adjd for service on 19.06.2021.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2021
Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Shama N.Ghotekar for plaintiff present.
None present for defendant.
The plaintiff tendered registered Ch/s No.781/2021 alongwith affidavit and affidavit of service. t.o.r. marked as Exh.03.
The plaintiff also tendered original writ of summons along with affidavit of service of suit summons t.o.r. marked as Exh.04 and 5 respectively.
Heard argument of Adv.Ms.Shama N. Ghotekar for plaintiff.
No argument of defendant.
K.B. for order on Ch/s No.781/21
L.O. at 2.55 p.m.
F.R.S.R. following order is passed on Ch/s No.781/2021.
ORDER
1. Chamber Summons No.781/2021 is allowed.
2. The plaintiff is allowed to carry out the amendment proposed in schedule of the chamber summons.
3. Consequential amendment is allowed.
4. The plaintiff to carry out the amendment within 14 days from today.
5. Chamber Summons No.781/2021 is disposed off accordingly.
The plaintiff wants to file summons for judgment.
Matter adjd to 01.09.2021 for filing summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv.Shama Ghotekar for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft summons for judgment a/w. affidavit in support t.o.r.
O-Leave granted to register draft summons for judgment.
Matter adjd to 15.09.2021 for service affidavit of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: Adv.Shama Ghotekar for plaintiff present.
None present for defendant.
Plaintiff tendered registered summons for judgment No.94/2021 a/w. affidavit.
KB for filing service affidavit.
LO at 01.03 pm
Adv.Shama Ghotekar for plaintiff present.
Plaintiff tendered service affidavit, Exh.6 t.o.r O-filed.
Matter adjd to 27.09.2019 for reply to SJ.
Next Purpose: REPLY
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Business: None present for plaintiff.
Adv.S.S.Balla for defendant present.
The defendant orally requested time for filing reply to SJ. Already time is over. The defendant to take proper steps for filing reply if any.
Matter adjd to 16.10.2021 for SJ hearing.
Judge
LO at 12.58 pm
Adv.Shama Ghotekar for plaintiff present.
Matter adjd to 16.10.2021 for SJ hearing.
Next Purpose: HEARING
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: 16.10.2021 is holiday declared.
Next Purpose: HEARING
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: None present for plaintiff.
Defendant present. His Adv.absent.
KB
LO at 01.12 pm,
Defendant in person present. He filed adjournment application, Exh.7 t.o.r. O-Plaintiff absent, hence, adjourned.
Matter adjd to 06.12.2021 for SJ hearing.
Next Purpose: HEARING
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None present for plaintiff.
Defendant present. His Adv. absent.
KB
LO at 12.25 pm,
Adv.Shama Ghotekar for plaintiff present.
Defendant present. His Adv.absent.
The Ld.Adv.for plaintiff submits that settlement talks are going on. Heard the defendant. There are chances of settlement, hence, matter is referred for mediation.
Matter adjd to 12.01.2022 for mediation report/hearing of SJ.
Next Purpose: HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: None present for plaintiff.
None present for defendant.
Case is already referred to mediation. In view of SOP dated 06.01.2022 matter adjd to 08.02.2022 for hearing.
Next Purpose: HEARING
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 07/03/2022 for mediation report/SJ hearing.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: None present for plaintiff.
None present for defendant.
Report of mediation is awaiting. Verify the status from mediation center.
Matter adjd to 13.04.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: None present for plaintiff.
Mr.Kishor Poladia, defendant No.1 present.
Matter adjd to 15.06.2022 for mediation report.
Judge
LO at 02.50 pm,
Adv.Shama Ghotekar for plaintiff present.
Matter adjd to 15.06.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 15-06-2022
Date: 15-06-2022
Business: None present for plff.
Deft present. Adv S S Balla present for deft.
Mediation report received at Exh.8 as mediation failed.
Matter adjd to 08.07.2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. Asmita Shinde Present for Plff.
None Present for Deft.
KB.
Ex.9 -VP filed by Adv.Asmita Shinde for plff along with email print of NOC of earlier advocate.
Deft in person present and he seeks time for adjournment.
Adj. For Hearing on SJ 94/21 on 30/07/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-07-2022
Date: 08-07-2022
Business: Adv. Asmita Shinde Present for Plff.
None Present for Deft.
KB.
Ex.9 -VP filed by Adv.Asmita Shinde for plff along with email print of NOC of earlier advocate.
Deft in person present and he seeks time for adjournment.
Adj. For Hearing on SJ 94/21 on 30/07/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2022
Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Asmita Shinde Present for Plff.
Adv. S. H. Balla Present for Deft no.1.
Deft no.1 present.
Adv of both parties contended that there is likelihood of settlement and matter be kept in Lok Adalat.
Adj. For Lok Adalat on 13/08/2022 and Hearing on SJ 94/21 on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 08-08-2022
Business: Adv. Asmita Shinde Present for Plff.
Adv. S. H. Balla Present for Deft no.1.
Deft no.1 present.
Adv of both parties contended that there is likelihood of settlement and matter be kept in Lok Adalat.
Adj. For Lok Adalat on 13/08/2022 and Hearing on SJ 94/21 on 13/08/2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertaining to C.R. No. 32
Adv. Ms. Asmita Shinde identified Vinod Kumar Patel, authorised representative of Wockhardt Hospital.
Adv. Shrinivas Bhalla present with defendant Kishor Poladia.
The parties have filed compromised consent terms at Exhibit-10.
They admitted the contents and signatures from Exhibit-10.
Both counsels submitted that as per their consent terms they want to withdraw the suit on 01.12.2022.
Accordingly, suit is adjourned before Regular Court on 01.12.2022.
Next Purpose: WITHDRAWAL
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: Adv. Smt. Asmita Shinde for plaintiff present.
Adv. Shri. S.S. Bhalla for defendant present.
Exh.11 Advocate of both the parties filed withdrawal application.
Representative of plaintiff and defendant are absent.
KB at 2.45 p.m.
LO at 2.45 p.m.
Adv. Smt. Asmita Shinde for plaintiff present.
Representative of plaintiff Mr. Vinodkumar Babulal Patel present.
Defendant Kishor Vallabhaji Poladia present.
The consent terms (Exh.10) which was filed on 13/8/2022 now explained and read over to both parties. They admitted its contents as true and correct.
Today both parties filed withdrawal memo (Exh.11) wherein they contended that plaintiff has received full and final settlement amount of Rs.3 Lakh.
Thus, following order.
ORDER
Suit stands disposed of being compromised.
Compromise decree be drawn up as per Consent Term (Exh.10) and Withdrawal Memo (Exh.11).
Court fees be returned as per rules.
-=-=-=-=
As the main suit disposed of Summons for Judgment No.94/2021 is hereby disposed.
Nature Of Disposal: COMPROMISE
Disposal Date: 01-12-2022Additional Case Details
Additional Case Details
Filing Number: 104680/2020 Filing Date: 25-09-2020 First Hearing Date: 04th January 2021 Decision Date: 01st December 2022 Court Number And Judge: 32-COURT 32 ADDL SESSIONS JUDGE
Orders
1Final Order 101 Dec 2022
01 Dec 2022
Order Details: Other Pdf Text: 01.12.2022 02 Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32) Comm SU 859/21 Exh.11 Adv. Smt. Asmita Shinde for plaintiff present. Adv. Shri. S.S. Bhalla for defendant present. Exh.11 Advocate of both the parties filed withdrawal application. Representative of plaintiff and defendant are absent. KB at 2.45 p.m. LO at 2.45 p.m. Adv. Smt. Asmita Shinde for plaintiff present. Representative of plaintiff Mr. Vinodkumar Babulal Patel present. Defendant Kishor Vallabhaji Poladia present. The consent terms (Exh.10) which was filed on 13/8/2022 now explained and read over to both parties. They admitted its contents as true and correct. Today both parties filed withdrawal memo (Exh.11) wherein they contended that plaintiff has received full and final settlement amount of Rs.3 Lakh. Thus, following order. ORDER Suit stands disposed of being compromised. Compromise decree be drawn up as per Consent Term (Exh.10) and Withdrawal Memo (Exh.11). Court fees be returned as per rules. ==== As the main suit disposed of Summons for Judgment No.94/2021 is hereby disposed. Judge -- 1 of 1 --
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