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Commercial Suit

Ramniklal S. Gosalia and Co.VsM/s. Tirupati Flexopack Industries +2 more

CNR MHCC01004414201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 04th February 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100696/2021
Registration Date
23 Jul 2018

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

Case History / Proceedings

Case History
Date: 17-09-2018
Business: Adv.S.S. Manjraker for Plaintiff
None  for Defendant
Matter is adjd. to 22/01/2019  for service.
Next Purpose: SERVICE
Next Hearing Date: 22-01-2019

Date: 22-01-2019
Business: Adv. S. S. Manjarekar for Plaintiff present.
None for Defendant.
Matter is adjd. to 01/03/2019 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 26/04/2019 for Service report.
L.O.
Adv. S. S. Manjarekar for plaintiff present.
He has filed application for issuance of fresh writ of summons against defendant no.2.
Order Issue fresh writ of summons as prayed for.
Next Purpose: SERVICE
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Business: Adv for plaintiff Mr.Manjrekar present
Adv for plaintiff filed affidavit of service with the remark that regarding deft no. 1and 3 two postal acknowledgements are produced.
O-It appears defendant no. 1 and 3 fail to appear in the suit.  Therefore, suit to proceed exparte against deft no. 1 and 3
Matter is Adjd for Affidavit of Service of Deft No. 2 to 14/08/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: P.O is on training. Adjd to 21/11/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. Manjarekar for plff present.
Adv. Vrushabh Thakkar for deft. present.
Adjd. to 09.01.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Thakkar for defendant present filed
Registered NM 4798/19 @ Affidavit.
Adjd to 20.03.2020 for service of NM.
Next Purpose: SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: As per office order no. 66/2020 Board is Discharge
Next Purpose: SERVICE
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None present.
Adjd to 26-04-2021
Next Purpose: SERVICE
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Rutash Jadhav for plaintiff present.
None for defendant
On perusal of record, it appears that  defendant no. 1 and 3 are duly served with writ of summons as per acknowlegements annexed with affidavit of service Exh. 5. Another affidavit marked as Exh. 5 (Same Exh. Numbers are given to two affidavit in the past) shows that defendant no. 2 left his address as per endorsement of postal authority on returned envelope, but the defendants have filed NM No. 4798/19 for sitting aside, ex parte order and condonation of delay to file vakalatnama on 03-12-2019.
Hence Adv. for plaintiff is directed to file reply to NM on the next date of hearing.
Matter is adjd.to 16-11-2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv. Rutash Jadhav for plaintiff present.
None for defendant
Matter is adjd.to 06-12-2021 for NM Reply by plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv. Rutash Jadhav for plaintiff present and prayed for adjournment – short date be given.
None for defendant
Matter is adjd.to 05-01-2022  for NM Reply by plaintiff
(2.45pm)
LO
Adv. Sudhakar Lakhani for defendant present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. Harish Sakpal for plaintiff present and submitted that matter is likely to be setteled.
Adv. Rushabh Thacker  for defendant present.
Matter is adjd.to 04-02-2022 for NM Reply (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2022

Date: 04-02-2022
Business: Adv. Mr. Rutash Jadhav h/f Shah Legal @ Constituted Attorney of the plaintiff Mayur Shah present and filed application for withdrawal of the suit, t.o.r. and marked as Exh.2.
Adv. Mr. Rushabh Thacker for defendant present.
        Adv. for plaintiff submitted that the plaintiff does not want to continue the suit proceeding. The Constituted Attorney of the plaintiff has admitted his signature on the application and expressed desire of withdrawing the suit.  Considering contents in Exh.2 and submission of Ld. Adv. Rutash Jadhav, I passed the following order -
Order
1. Application Exh.2  is allowed.
2. Commercial Suit No. 696/2021 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.
6. N/m No. 4798/2019 is disposed off having become infructuous due to disposal of the main matter.
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-02-2022

Additional Case Details

Additional Case Details
Filing Number: 104777/2018
Filing Date: 04-04-2018
First Hearing Date: 17th September 2018
Decision Date: 04th February 2022
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

2
Final Order 1Full order available
04 Feb 2022

Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100696/2021 Ramniklal S. Gosalia and Co., Vs 1. M/s. Tirupati Flexopack Industries 2. Mr. Rishiraj Gupta 3. Mr. Ankit Gupta Date : 04-02-2022 Business : Adv. Mr. Rutash Jadhav h/f Shah Legal @ Constituted Attorney of the plaintiff Mayur Shah present and filed application for withdrawal of the suit, t.o.r. and marked as Exh.2. Adv. Mr. Rushabh Thacker for defendant…

Read Full Order
Order 1Full order available
04 Feb 2022

Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100696/2021 Ramniklal S. Gosalia and Co., Vs 1. M/s. Tirupati Flexopack Industries 2. Mr. Rishiraj Gupta 3. Mr. Ankit Gupta Date : 04-02-2022 Business : Adv. Mr. Rutash Jadhav h/f Shah Legal @ Constituted Attorney of the plaintiff Mayur Shah present and filed application for withdrawal of the suit, t.o.r. and marked as Exh.2. Adv. Mr. Rushabh Thacker for defendant…

Read Full Order

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