Commercial Suit
Hemraj Devkarandas Metals and Minerals LtdVsM/s. Silmi Export Enterprises +3 more
CNR MHCC01004307202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 20th June 2022
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 100851/2021
- Registration Date
- 24 Nov 2020
Advocates
2For Petitioner
For Respondent
Parties
5Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 37
Case History / Proceedings
Case History
Date: 30-01-2021
Business: Adv. Ankita Pathare for plaintiff is present.
Adv. Jain for deft present.
Adv. for plaintiff tendered original affidavit of service marked at Exh.2.
Adv. for plff tendered original writ of summons. TOR.
Adv. Jain submitted that upon instructions by Adv. Harsh Bayani undertakes to file vakalatnama on next date.
Adjd for W/S on 22.02.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: P.O. is on online 40 hrs. mediation training programme as a trainer form MCPC scheduled to be held from 15.2.21 to 22.2.2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present.
Matter adjd for written statement on 15.07.2021.
LO at 12.05 p.m.
Adv. Ankita Pathare for plaintiff is present.
Matter adjd for written statement on 15.07.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 09.08.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Matter pertains to CR No.32.
(In-Charge of CR No.32)
None present for plaintiff.
Adv.Mr.Harsh Bihani present and filed vakalatnamas, Exh.3 and Exh.4 on behalf of defendant Nos.1 to 4 t.o.r.
Matter ajdd to 12.08.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Sonal Deulkar for plaintiff present.
Adv. Nakul Jain for all defendant present.
Being the suit is transferred to this Court from Summary Court. Fresh directions is given to the defendant to file written statement within 30 days.
Matter is adjd to 09.09.2021 for filing W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Ankita Pathare present for plaintiff.
Adv. Saloni Manjrekar present for defendant.
Matter adjd to 26-10-2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
Adv. Saloni Manjrekar present for defendant.
Plaintiff absent.
Matter adjd to 22.11.2021 for order against defendant.
LO at 12.01 p.m.
Adv. Ankita Pathare for plaintiff present.
Matter already adjd to 22.11.2021.
Next Purpose: ORDER
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: Adv. Ankita Pathare for plaintiff present.
Adv.Saloni Manjrekar for defendant present.
The defendants have failed to file written statement. Hence, No written statement of the defendants.
Matter adjd to 08.12.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: Adv.Ankita Pathare i/b.Adv.Anil Agarwal for plaintiff present.
Adv.Mamta Dave present and filed vakalatnama, Exh.5 on behalf of defendant No.1 to 3 t.o.r.
The defendant filed adjournment application, Exh.6.
O-Adjournment granted without prejudice the stage of case.
The defendant wants to file notice of motion. The defendant undertakes to serve the copy of notice of motion well in advance to the plaintiff.
Matter adjd to 05.01.2022 for R/E/reply to NM if it is filed by the deft.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: Adv. Ankita Pathare present for plaintiff.
Defendant No.4 appearing in person. He filed written statement. There is delay hence defendant no.4 shall take steps accordingly. Copy of W/S is served on plaintiff with acknowledgement.
Adv. Mamta Dave present for defendant Nos.1 to 3 and filed draft NM (Delay) alongwith affidavit in support. O-Leave granted to register NM.
She also filed written statement. same is kept for order.
Copies of NM and W/S are served on the plaintiff with acknowledgement.
Matter adjd to 21/1/2022 for Reply on NM and steps by D/4 for filing NM (delay).
Next Purpose: REPLY
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Adv. Ankita Pathare present for plaintiff.
None present for defendant.
Uttamchand Mishra defendant no. 4. Inperson present. He filed NM (delay) a/w affidavit. t.o.r
O- Leave granted to register NM. Copy of same is furnished to the plaintiff.
adjd to 31.01.2022 for plaintiffs reply on NM of defendant no. 1 to 3 and Nm of defendant no. 4
LO at 2.00 pm.
Defendant no. 4 filed register NM 301/2022 a/w affidavit.
Next Purpose: REPLY
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. Ankita Pathare present for plaintiff.
Adv. Mamta Dave present for defendant no. 1 to 3. Defendant no. 4 Uttam Mishra present.
Order below draft NM dated 05.01.2022 filed by the defendant no. 1 to 3 in view of sop the time for registration of draft NM is extended the defendant no. 1 to 3 are allowed to get register said NM.
KB. for reply.
LO at 12.35 pm.
Same appearance.
Adv for defendant no. 1 to 3 tendered registered NM no. 357/2022 a/w affidavit. t.o.r
The plaintiff filed reply to NM 357/2022 and NM 301/2022 both reply are marked as Exh. 7 and Exh.8 respectively. Copies of same are given to respective defendants.
Heard the advocate for defendant nos. 1 to 3 and the plaintiff in NM 357/2022.
Heard the advocate for defendant no. 4 and the plaintiff in NM 301/2022.
KB for order.
LO at 3.00 p.m.
F.R.S.R. following order is passed in NM No. 357/2022.
ORDER
1. Notice of Motion is allowed.
2. Delay in filing written statement by defendant No. 1 to 3 is condoned.
3. The written statement filed by the defendant No. 1 and 3 is taken on record.
4. Costs of this notice of motion shall follow the event.
F.R.S.R. following order is passed in N/m No. 301/2022.
ORDER
1. Notice of Motion is allowed.
2. Delay in filing written statement by defendant No. 4 is condoned.
3. The written statement filed by the defendant No. 4 is taken on record.
4. Costs of this notice of motion shall follow the event.
In view of above orders, written statements filed by defendant no.1 to 3 and 4 are taken on record and marked as Exh.9 and 10 respectively.
Matter adjd to 18.02.2021 for admission / denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: Adv.Ankita Pathare h/f.Adv.Anil Agarwal for plaintiff present.
Adv.Mamta Dave for defendant No.1 to 3 present.
Mr.Uttam Mishra, defendant No.4 in person present.
On oral request of parties, adjd. for admission and denial on 22.03.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: P.O. is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Adv.Sonal Deulkar h/f.Adv.Anil Agarwal for plaintiff present.
None present for defendant.
KB
LO at 01.15 pm,
Adv.Sonal Deulkar h/f.Adv.Anil Agarwal for plaintiff present.
Mr.Umeshchandra Mishra, defendant No.4 in person present.
On oral request of the plaintiff adjd for admission and denial on 10.06.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv Sonal Deulkar i/b Adv Anil Agarwal present for plaintiff.
None present for defendant.
Adv for plff submitted that parties arrived at compromised and matter may be kept back till 2.45 p.m.
L.O.at 3.05 p.m.
Director of Plaintiff Namely Veenit Vijay Agrawal is present.
Adv Sonal Deulkar i/b Adv Anil Agarwal present for plaintiff.
Defendant No.1 is firm.
Defendant No.2 and 4 are present.
Adv Mamta Dave for defendant Nos.1 to 3 present.
Plaintiff and defendants filed consent term and undertaking at Exh.11
Plaintiff and deft nos.1,2 and 4 admitted that contents of compromise are true and correct. The terms of compromise are signed by defendant no.3 but he is not present.
Adv of deft submitted that the defendant No.3 will remain present on next date and therefore the matter may be kept for order on next date.
Matter adjd to 20.06.2022 for appearance of deft No.3 and order on Exh.11.
Next Purpose: FOR APPERANCE
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Adv. Sonal Deulkar present for plff.
Adv Mamta Dave present for deft no.1 to 3.
Deft No.4 and Director of plff namely Vineet Agarwal present.
Adv of deft has filed Power of attorney of Deft No.03. t.o.r at ex.12.
POA holder Dileep M. Kunju present.
Adv of Deft has filed affidavit cum undertaking of deft No.3.
POA of Deft No.3 has admitted consent terms (Exh.11) as true and correct. He contended that as per consent terms plff has received four cheques of Rs.50,000/- each from deft’s. Photocopy of the said cheques filed with Ex.13.
Order
1. Suit stands disposed of being comprised as per consent terms (Exh. 11).
2. Court fee returned as per rule.
3. Compromise decree be drawn up accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 20-06-2022Additional Case Details
Additional Case Details
Filing Number: 104745/2020 Filing Date: 30-09-2020 First Hearing Date: 30th January 2021 Decision Date: 20th June 2022 Court Number And Judge: 32-COURT 32 ADDL SESSIONS JUDGE
Orders
1Final Order 120 Jun 2022
20 Jun 2022
Order Details: Other Pdf Text: 20.06.2022 41 Coram: H. H. J. SHRI. N.P. TRIBHUWAN Judge, (C.R.NO. 32) COMM SU 851/21 Ex.12. Ex.13. Adv. Sonal Deulkar present for plff. Adv Mamta Dave present for deft no.1 to 3. Deft No.4 and Director of plff namely Vineet Agarwal present. Adv of deft has filed Power of attorney of Deft No.03. t.o.r at ex.12. POA holder Dileep M. Kunju present. Adv of Deft has filed affidavit cum undertaking of deft No.3. POA of Deft No.3 has admitted consent terms (Exh.11) as true and correct. He contended that as per consent terms plff has received four cheques of Rs.50,000/ each from deft’s. Photocopy of the said cheques filed with Ex.13. Order 1. Suit stands disposed of being comprised as per consent terms (Exh. 11). 2. Court fee returned as per rule. 3. Compromise decree be drawn up accordingly. Judge -- 1 of 1 --
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