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Commercial Suit

Bhavnaben Kishorekumar Sadaria alias JainVsGimmicks Global +1 more

CNR MHCC01004570201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 16th April 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100381/2021
Registration Date
04 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 30-07-2018
    Business: Adv. Ramesh Jain for Plaintiff present.
    Adv. Manak for Defendant present.
    Matter is adjd. to 25/09/2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Adv. Ramesh Jain for Plaintiff present.
    Adv. Surve for Defendant present.
    Advocate for plaintiff has filed draft S/J alongwith affidavit, TOR.
    Order  Leave is granted to register the Summons for Judgment.
    Matter is adjd. to 04/12/2018 for S/J service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Matter transferred from Cr. no.28.
    Adv. Vaishali Chavan Present for the Plff.
    Adv. Amol Present for the Deft.no.1 and 2.
    Ld counsel for the Plff tendered registered SJ 297/18 alongwith affidavit. t.o.r. copy already serve upon deft no.1 and 2.
    Ld counsel for the Deft no.1 and 2 tendered CS 2089/18 alongwith affidavit. t.o.r.
    Ld counsel for the plff sought time to file reply CS 2089/18 as served right now.
    Adj. For Reply to CS 2089/18 and SJ 297/18 on 07/02/2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Adv for plff.Mr. Ramesh Jain present
    Adv for plff filed reply on C/S 2089/18
    FRSR Following order is passed
    Chamber Summons No.2089/2018 is allowed and disposed of.
    Matter is Adjd for Reply to S/J  297/18 on 02/03/2019
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2019
    
    Date: 07-02-2019
    Business: Adv for plff.Mr. Ramesh Jain present
    Adv for plff filed reply on C/S 2089/18
    FRSR Following order is passed
    Chamber Summons No.2089/2018 is allowed and disposed of.
    Matter is Adjd for Reply to S/J  297/18 on 02/03/2019
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2019
    
    Date: 02-03-2019
    Business: Adv for deft. Present
    Adv for deft filed reply to S/J
    Matter is Adjd for S/J 297/18 Hearing on 15/04/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-04-2019
    
    Date: 02-03-2019
    Business: Adv for deft. Present
    Adv for deft filed reply to S/J
    Matter is Adjd for S/J 297/18 Hearing on 15/04/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Matter transferred from Cr. no.09.
    Adv. Ramesh Jain Present for the Plff.
    None Present for the Deft.
    Adj. for hearing on SJ 297/18 on 19/07/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: None present.
    Adv.for plaintiff absent.
    Adv.Amol  Kumeria for defendant\\\''s present.
    Matter adjd to 17.09.2019 for S/J Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: P.O. is on leave. Board is discharged.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 17-09-2019
    Business: P.O. is on leave. Board is discharged.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff and his adv. absent.
    Adv. Yogendra Kanchan for defendant present
    K.B.
    L.o. Adv. Ramesh Jain for Plntf. present.
    Adv. Amol Kumaria for Deft. Present.
    By consent matter adjourned for S/J. Hearing to 13.12.2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-11-2019
    Business: Plaintiff and his adv. absent.
    Adv. Yogendra Kanchan for defendant present
    K.B.
    L.o. Adv. Ramesh Jain for Plntf. present.
    Adv. Amol Kumaria for Deft. Present.
    By consent matter adjourned for S/J. Hearing to 13.12.2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: P.O. is on Training, Board is discharged..
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ramesh Jain for plff. Present.
    Adv. Yash Bhatiya for deft. Present.
    Matter is adjd to 07.03.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 14-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ramesh Jain for plff. Present.
    Adv. Yash Bhatiya for deft. Present.
    Matter is adjd to 07.03.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Representative of Plaintiff absent.
    Defendant present.
    Adv. Ramesh Jain for plff. Present.
    Adv. Amol Kumeri for deft. Present.
    Both parties interested to settled the matter. Hence matter referred to mediation.
    Matter is adjd to 24.03.2020 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-03-2020
    
    Date: 07-03-2020
    Business: Representative of Plaintiff absent.
    Defendant present.
    Adv. Ramesh Jain for plff. Present.
    Adv. Amol Kumeri for deft. Present.
    Both parties interested to settled the matter. Hence matter referred to mediation.
    Matter is adjd to 24.03.2020 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-05-2020
    
    Date: 03-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lock Down
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 01-12-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. for plff. absent.
    Adv. Amol Kumeria for deft. No. 1 and 2 present.
    Matter is adjd to 10/12/2020 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 10-12-2020
    
    Date: 01-12-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. for plff. absent.
    Adv. Amol Kumeria for deft. No. 1 and 2 present.
    Matter is adjd to 10/12/2020 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 26.02.2021 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 26-02-2021
    
    Date: 10-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 26.02.2021 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 03.04.2021 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 03-04-2021
    
    Date: 26-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 03.04.2021 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    As per order of the Hon\\\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 05.05.2021 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-05-2021
    
    Date: 03-04-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    As per order of the Hon\\\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 05.05.2021 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 31-07-2021
    
    Date: 05-05-2021
    Business: Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 18.08.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 31-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 18.08.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. For plaintiff orally submitted that matter is not settled in mediation.
    The matter is adjd for awaiting mediation report to 24.09.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-09-2021
    
    Date: 18-08-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. For plaintiff orally submitted that matter is not settled in mediation.
    The matter is adjd for awaiting mediation report to 24.09.2021.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for deft.
    Adv. For deft. is absent, hence, the matter is adjd for hearing on S/J to 08.10.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 24-09-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for deft.
    Adv. For deft. is absent, hence, the matter is adjd for hearing on S/J to 08.10.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for hearing on S/J to 26.10.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 08-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for hearing on S/J to 26.10.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Vaishali Chavhan h/f. Adv. Ramesh Jain for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for  hearing on S/J to 24.11.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 26-10-2021
    Business: Adv. Vaishali Chavhan h/f. Adv. Ramesh Jain for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for  hearing on S/J to 24.11.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for deft.
    The matter is adjd for hearing on S/J to 09.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 24-11-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for deft.
    The matter is adjd for hearing on S/J to 09.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: None present
    The matter is adjd for  hearing on S.J. to 16.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 09-12-2021
    Business: None present
    The matter is adjd for  hearing on S.J. to 16.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for deft.
    Exh.2 - Adv. For plaintiff filed statement of account along with pursis.  T.O.R.
    Heard arguments of Adv. For plaintiff on S/J No.297/18.
    The matter is adjd for order on S/J No.297/18 to 03.01.2022.
    Next Purpose: ORDER
    Next Hearing Date: 03-01-2022
    
    Date: 16-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for deft.
    Exh.2 - Adv. For plaintiff filed statement of account along with pursis.  T.O.R.
    Heard arguments of Adv. For plaintiff on S/J No.297/18.
    The matter is adjd for order on S/J No.297/18 to 03.01.2022.
    Next Purpose: ORDER
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: None present.
    F.R.S.R. following order is passed below S/J no.297/18 -
    ORDER
    1.   Defendants shall deposit a sum of Rs.5,00,000/-    (Rs. Five Lacs only) in Court within a period of 10 weeks from today. If this condition is compiled with, defendants  are granted leave to defend the suit and they shall file Written Statement within a period of 30 days from the date of deposit.
    2.    If aforesaid condition of the deposit is not followed by defendants within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendants.
    3.    There shall be no order as to costs.
    4.    S/J No.297/2018 is disposed of accordingly.
    The matter is adjd for compliance to 02.03.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv. Ramesh Jain for plaintiff present.  He sought time for taking steps.  Time as prayed for is granted.
    The matter is adjd for steps to 16.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Ramesh Jain for plaintiff present. He sought time for taking steps.  Time as prayed for is granted.
    The matter is adjd for taking steps to 30.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Exh.3 - Adv. For plaintiff tendered non-deposit certificate. T.O.R.
    Exh.4 - Claim affidavit.  T.O.R.
    Exh.5 - List of documents.  T.O.R.
    The matter is adjd for arguments to 06.04.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Heard arguments of Adv. For plaintiff.
    The matter is adjd for judgment to 16.04.2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Exh.6 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.    Commercial Suit No.381/2021 is decreed with costs.
    2.    Defendants shall pay jointly and severally an amount of Rs.6,42,849.31/- (Rupees Six Lacs Forty Two Thousand Eight Hundred Forty Nine and paise Thirty One only) alongwith interest @ 12percent p.a. on principal amount of Rs.5,00,000/- to plaintiff from the date of filing suit till its 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: 16-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104989/2018
    Filing Date: 06-04-2018
    First Hearing Date: 30th July 2018
    Decision Date: 16th April 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    16 Apr 2022

    Order Details: Copy of Judgment Pdf Text: Com. Suit No.381/21 1 Judgment MHCC010045702018 Presented on : 06042018 Registered on : 04062018 Decided on : 16042022 Duration : Y M D 4 0 10 BEFORE THE CITY CIVIL COURT, GR. BOMBAY ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.381 OF 2021 (SUMMARY SUIT NO.559 OF 2018) Exh.6 BHAVNABEN KISHOREKUMAR SADARIA @ JAIN, Age 48 years of Mumbai An adult Indian Inhabitant having Address at 79, Suthar…

    Read Full Order
    Order 1Full order available
    16 Apr 2022

    Order Details: Copy of Judgment Pdf Text: Com. Suit No.381/21 1 Judgment MHCC010045702018 Presented on : 06042018 Registered on : 04062018 Decided on : 16042022 Duration : Y M D 4 0 10 BEFORE THE CITY CIVIL COURT, GR. BOMBAY ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.381 OF 2021 (SUMMARY SUIT NO.559 OF 2018) Exh.6 BHAVNABEN KISHOREKUMAR SADARIA @ JAIN, Age 48 years of Mumbai An adult Indian Inhabitant having Address at 79, Suthar…

    Read Full Order

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