Order Details: Other Pdf Text: 1 Preliminary Issue In Comm. Suit No.4782020 MHCC010048182020 IN THE CITY CIVIL COURT AT MUMBAI. (Court Room No.32) PRELIMINARY ISSUE IN COMMERCIAL SUIT No.478 OF 2020 Eureka Forbes Ltd. …PLAINTIFF VERSUS Watertech Engineer Pvt. Ltd. …DEFENDANT Shri.Rohan R. Sonawane, learned advocate for plaintiff. Shri.Dipesh U. Siroya, learned advocate for defendant. CORAM : JUDGE SHRI. N.P. TRIBHUWAN O R D E R (Delivered on 16/03/2023) This court had framed issue on 28/11/2022. Issue No.6 is about…
Commercial Suit
Eureka Forbes Ltd. - Through Vikash GaikwadVsWatertech Engineer Pvt. Ltd.
CNR MHCC01004818202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 26th July 2023
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 100478/2020
- Registration Date
- 07 Dec 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 9
Case History / Proceedings
Case History
Date: 18-01-2021
Business: Adv.Shantanu Kadam i/b. Adv.Rohan Sonawane for plaintiff present.
None present for defendant.
Matter adjd to 10.02.2021 for awaiting summons report.
LO at 12.10 pm.
Adv.Dattaram Dindikar i/b.D.M.Associates present and filed vakalatnama, Exh.2 on behalf of defendant t.o.r.
Adjournment application to file written statement filed by Adv. of defendant, Exh.3 t.o.r.
Matter adjd to 10.02.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Adv.Manjita Sharma for plaintiff present.
None present for defendant.
KB
LO
Adv. Mr.Dattaram Dindikar a/w. Adv.Purvi Jain i/b. D.M. Associates for defendant present.
Adjournment application, Exh.4 filed by Adv.of plaintiff t.o.r.
O-Two weeks time granted to file WS.
Matter adjd to 24.02.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: Adv.Manjita Sharma for plaintiff present.
Adv.Purvi Jain i/b. D. M. Associates for defendant present.
The plaintiff had filed affidavit of service of summons, Exh.5 t.o.r
O-filed. It shows that the defendant is served on 16.12.2020.
Adjournment application, Exh.6 filed by Adv. of defendant t.o.r.
Matter adjd to 10.03.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present for plaintiff.
Adv.Satish S. Gaikwad for defendant present.
Adjournment application, Exh.7 filed by Adv. of defendant t.o.r.
O-Granted
Matter adjd to 23.03.2021 for Written statement.
LO
Adv.Rohan Sonawane for plaintiff present.
Matter adjd to 23.03.2021 for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: None present for plaintiff.
Adv.Satish Gaikwad for defendant present.
Adjournment application, Exh.8 filed by Adv. of defendant t.o.r.
O-Plaintiff to say.
KB
LO
Adv.Satish Gaikwad for defendant present.
Matter adjd to 09.04.2021 for say on Exh.8 and written statement.
LO
Adv.Tarang Jagtiani i/b.Adv.Rohan Sonawane for plaintiff present.
Matter adjd to 09.04.2021 for say on Exh.8 and written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: Adv. Shantanu Kadam for plaintiff present.
Adv. Bhushan Kotekar for defendant present.
Defendant absent.
Matter adjd to 27.04.2021 for steps by defendant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: NOB TOB
Application for matter be taken on today\\\''s board filed by Adv. for defendant t.o.r O-Allowed.
Adv. Bhushan Kotekar for defendant present.
Draft Notice of Motion is filed by Adv. for defendant t.o.r
Leave granted to register Notice of Motion.
Defendant to serve the copy of NM to plaintiff.
Written statement filed by Adv. for defendant t.o.r. O-Put for order
Matter adjd to 27-04-2021.
Next Purpose: FOR___________________
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR___________________
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: Adv.Tarang Jagtiani i/b.Adv.Rohan Sonawane for plaintiff present.
None present for defendant.
Ld.Adv.for the plaintiff seeks time to file say to notice of motion.
Matter adjd to 15.06.2021 for say to NM.
Next Purpose: REPLY
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 29.06.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: Adv.Shantanu Kadam for plaintiff present.
None present for defendant.
Registered NM No.1121/2021 yet not tendered to the Court.
Due to rise in Covid cases, adjd to 13.07.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: HHJ is on Leave.
Next Purpose: REPLY
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present.
Matter adjd on 07.08.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 07-08-2021
Date: 07-08-2021
Business: Adv.Tarang Jagtiani h/f.Adv.Rohan Sonawane for plaintiff present.
Adv.Bhushan Kotekar i/b. D.M.Associates for defendant present.
Adv. of defendant tendered registered NM No.1121/2021 a/w. affidavit in support of registered notice of motion t.o.r.
The plaintiff has filed the reply to NM No.1121/2021 on NM itself.
Heard both the parties.
F.R.S.R. the following order is passed
ORDER
1. Notice of Motion No.1121/2021 is allowed.
2. The delay in filing in written statement is condoned.
3. Written statement is taken on record.
4. Costs shall follow the event.
5. Notice of Motion No.1121/2021 in Commercial Suit No.478/2020 is disposed off accordingly.
Written statement is marked as Exh.
Matter adjd to 25.08.2021 for admission and denial of documents
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Adv.Rohan Sonawane for plaintiff prsent.
None present for defendant.
Adv. of plaintiff filed adjournment application, Exh.11 t.o.r.
O-The defendant is absent. Time granted.
Matter adjd to 15.09.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 15-09-2021
Date: 15-09-2021
Business: None present for plaintiff.
Adv.Purvi Jain i/b. D.M Associates for defendant present.
KB
LO at 12.57 pm
Adv.Tarang Jagtiani i/b.Adv.Rohan Sonawane for plaintiff present.
Adv.Purvi Jain i/b. D.M Associates for defendant present.
Adv. of plaintiff filed adjournment application, Exh.12 t.o.r.
O-Time granted.
Matter adjd to 07.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: None present for plaintiff.
Adv.Purvi Jain i/b.D.M.Associates for defendant present.
The defendant submits that copy of statement of truth is not furnished by the plaintiff. Plaintiff to comply with the same.
On oral request of the defendant time granted to the defendant to file admission and denial.
Matter adjd to 09.11.2021 for statement of truth.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 09-11-2021
Date: 09-11-2021
Business: Adv.Tarang Jagtiani h/f.Adv.Rohan Sonawane for plaintiff present.
Adv.Purvi Jain i/b.D.M.Associates for defendant present.
Application for adjournment, Exh.13 filed by Adv.of plaintiff t.o.r.
As there is likelyhood of settlement, hence, matter is referred to lokadalat.
Matter adjd to 11.12.2021 for settlement in Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021
Date: 11-12-2021
Business: Matter pertains to C.R. No.32
None present.
Matter adjd to 13/01/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.02.2022 for order against plaintiff/statement of truth/admission and denial.
Next Purpose: ORDER
Next Hearing Date: 11-02-2022
Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 14.03.2022 for order against plaintiff.
Judge
LO at 11.48 pm,
Adv.Rohan Sonawane for plaintiff present.
Heard the Ld.Adv.for the plaintiff. He submits that though the plaintiff is ready for the settlement the defendant is not attending the case. The plaintiff requested to refer the case for mediation. Hence, considering the fact suit is referred to mediation. Issue notice to the defendant to appear before mediation on next date. The plaintiff shall serve the notice on the defendant.
Matter adjd to 14.03.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: N.O.B.T.O.B. (BY PRECIPEE)
Adv. for plaintiff present and filed application for taking the case on today\''s board. It is t.o.r. and marked as Exh.14. O-Allowed.
The plaintiff filed pursis informing the e-mail addresses of defendant t.o.r. and marked as Exh.15. O-filed.
O-Notice of mediation shall be served on the defendant by e-mail.
Matter already adjd to 14.03.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 14-03-2022
Date: 14-03-2022
Business: Adv. Aditya Kumare h/f Adv. Rohan Sonawane present for plaintiff.
None present for defendant.
The plaintiff submits that the mediation is filed. No report of mediator is received. Hence, adjourned for mediation report.
Matter adjd to 31.03.2022 for mediation report.
Next Purpose: MEDIATION REPORT
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv.Aditya Kumar h/f. Adv.Rohan Sonawane for plaintiff present.
Mediation report (not settled) received it is t.o.r. and marked as Exh.16.
Adv.Amit Maurya h/f.Adv.Dipesh Siroya present. He undertakes to file vakalatnama on next date for defendant.
Matter adjd to 30.04.2022 for statement of truth and admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: Adv. Rohan Sonawane Present for Plff.
None Present for Deft.
Ex.17 - Adv of plff filed statement of truth. t.o.r.
Ex.18 - Adv of plff filed admission and denial. t.o.r.
LO 12.15pm.
Adv. Amit Mourya h/f Adv. Dipesh Siroya Present for Deft and filed VP. t.o.r at Ex.19.
Adj. For Statement of truth and Admission and denial by deft on 29/07/2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Business: Adv. Priyanka Pandey I/b Rohan Sonawane Present for Plff.
Adv. Amit Maourya h/f Adv. Dipesh Sirorya Present for Deft.
Ex.20,21.- Adv of deft has filed statement of truth, admission and denial. Copy served to adv of plff.
Adj. For Draft issues on 28/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: None Present for Plff.
Adv. Dipesh Siroya Present for Deft and seeks time for filing draft issues.
Adj. For Draft issues on 03/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-11-2022
Date: 03-11-2022
Business: Adv. Rohan Sonawane Present for Plff.
None Present for Deft.
Ex.22- Adv of plff has filed draft issues. Copy be served upon otherside.
Adj. For Draft issues by deft on 28/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Rohan Sonawane Present for Plff.
Adv. D. M. Kotekar Present for Deft.
Ex.23. Adv of deft has filed draft issues.
Ex.24 - Issues framed.
Adj. For Evidence of Plff on 21/12/2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Rohan Sonawane Present for Plff.
Adv. Dipesh Siroya Present for Deft.
Exh.25- Adv of plff has filed application for adjournment on the ground that plff want to substitute its authorised representative. Otherside has no objection for grant to adjournment. Granted.
Adv of deft contended that issue no.6 is pertaining to the territorial jurisdiction of this Court and therefore the said issue be tried as a preliminary issue. Adv of plff has no objection for the same.
Adj. For hearing/ evidence on issue no.6 (Preliminary issue) on 24/01/2023.
Next Purpose: HEARING
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Priyanka Pandye h/f Adv. Rohan Sonawane Present for Plff.
Adv. Dipesh Siroya Present for Deft.
Exh.26- Adv of plff has filed adjournment application on the ground that advocate on record is in personal difficulty . Otherside has no objection. Adj. Granted.
Adj. For Hearing on preliminary issue on 08/02/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Rohaan R. Sonawane for plaintiff present.
Adv. Dipesh U. Siroya for defendant present.
Heard arguments of advocate of both parties on preliminary issues no. 6.
Case adjourned for order on preliminary issue to 24.02.2023
Next Purpose: ORDER
Next Hearing Date: 24-02-2023
Date: 24-02-2023
Business: Adv. Priyanka Pandey I/b Rohan Sonawane Present for Plff.
Adv. Amey Shivalkar h/f aDv. Diesh Siroya Present for Deft.
PO is busy in passing orderin summary judgment no. 09,10,11 of 2022 and hearing in NM 2686/21, NM 3928/22 of Incharge Court Room No.1.
Adj. For Order Preliminary issue on 16/03/2023.
Next Purpose: ORDER
Next Hearing Date: 16-03-2023
Date: 16-03-2023
Business: Adv. Rohan Sonawane for plaintiff present.
F.R.S.R. the following order is passed on the point of Preliminary issues.
ORDER
Preliminary Issue No.6 pertaining to territorial jurisdiction answer in affirmative.
Case is adjourned to 11.04.2023 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-04-2023
Date: 11-04-2023
Business: Adv. Priyanka Pandey H/f Adv. R. R. Sonawane Present for Plff.
Adv. Kajal Bramhankar I/f Adv. D. M. Kotekar Present for Deft.
Adv of plff seeks time to file evidence. Otherside has no objection. Adjournment granted.
Adj. For Evidence of Plff on 13/06/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2023
Date: 13-06-2023
Business: 13.06.2023
05
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm SU 478/2020
Exh.27
Adv.Rohan R Sonawane for plaintiff present.
Exh.27 Application filed on behalf of plaintiff for adjudgment.
Order – Other side to say.
K.B.
L.O.at 11.15am
Adv. Amar Gharte For defendant present.
He gave say on Exh 27 itself.
K.B. for hearing on Exh 27.
L.O.at 1.40 pm
None present for parties.
Order on Exh. 27.
For the reasons mentioned in the application, adjournment is hereby granted to the plaintiff. Application allowed and disposed off.
Adjd to 05/07/2023 for R.E.
Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2023
Date: 05-07-2023
Business: Adv. Priyanka Pandey i/b Rohan Sonawane present for plff.
Adv. Snehal Khatate i/b Adv. Dipesh siroya present for deft/
Exh.28 - Adv of Plff has filed application for adjournment. t.o.r.
Order- Otherside to give say.
Order on Exh.28.
For the reason mentioned in the application, adjournment is hereby granted to the plff as last chance. Application Exh.28 disposed off accordingly.
Adj. For Cross examination of PW-1 on 26/07/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-07-2023
Date: 26-07-2023
Business: Adv. Rohan Sonavane for plaintiff is present.
Ld. adv for plaintiff submitted that he is instructed to
withdraw the suit through A/R of plaintiff.
Adv. Siroya for defendant is present.
KB
LO at 11.50 a.m.
Same appearance.
Mr. Chaitanya Rane, Authorized representative of
plaintiff present. He is identified by the learned counsel
of plaintiff.
Exh.28 Learned advocate for plaintiff filed withdrawal
application.
Order below Exh.28
Both parties have settled the matter out of the Court. Hence application is hereby allowed and plaintiff is permitted to withdraw its suit. Further order passed below Exh 01. Application is hereby disposed off.
Order below Exh 01
1. Suit stands disposed off as withdrawn.
2. Court fees be returned as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 26-07-2023Additional Case Details
Additional Case Details
Filing Number: 104064/2020 Filing Date: 29-07-2020 First Hearing Date: 18th January 2021 Decision Date: 26th July 2023 Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE
Orders
3Final Order 226 Jul 2023
26 Jul 2023
Order Details: Other Pdf Text: 11 26/07/2023 Commercial Suit 478/2020 Exh. 28 Coram: H. H. J. SHRI. VISHAL S. GAIKE Judge, (C.R.No 32) Adv. Rohan Sonavane for plaintiff is present. Ld. adv for plaintiff submitted that he is instructed to withdraw the suit through A/R of plaintiff. Adv. Siroya for defendant is present. KB LO at 11.50 a.m. Same appearance. Mr. Chaitanya Rane, Authorized representative of plaintiff present. He is identified by the learned counsel of plaintiff. Exh.28 Learned advocate for plaintiff filed withdrawal application. Order below Exh.28 Both parties have settled the matter out of the Court. Hence application is hereby allowed and plaintiff is permitted to withdraw its suit. Further order passed below Exh 01. Application is hereby disposed off. Order below Exh 01 1. Suit stands disposed off as withdrawn. 2. Court fees be returned as per rules. Judge -- 1 of 1 --
Interim Order 1Full order available
16 Mar 2023
Order 1Full order available
16 Mar 2023
Order Details: Other Pdf Text: 1 Preliminary Issue In Comm. Suit No.4782020 MHCC010048182020 IN THE CITY CIVIL COURT AT MUMBAI. (Court Room No.32) PRELIMINARY ISSUE IN COMMERCIAL SUIT No.478 OF 2020 Eureka Forbes Ltd. …PLAINTIFF VERSUS Watertech Engineer Pvt. Ltd. …DEFENDANT Shri.Rohan R. Sonawane, learned advocate for plaintiff. Shri.Dipesh U. Siroya, learned advocate for defendant. CORAM : JUDGE SHRI. N.P. TRIBHUWAN O R D E R (Delivered on 16/03/2023) This court had framed issue on 28/11/2022. Issue No.6 is about…
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