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Commercial Suit

M/s. Elektromag Devices Pvt. Ltd.VsM/s. Dhanashri Tooling Systems Pvt. Ltd. +2 more

CNR MHCC01004846201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 28th February 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100045/2019
Registration Date
04 Jul 2019

Advocates

2

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 03-08-2019
Business: Adv. Pankaj Shinde for plaintiff present.
The ld counsel for the plaintiff seeks extension of time for service of writ of summons.  Time is extended for service of writ of summons.
Adjourned for affidavit of service to 29.8.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Adv. Pankaj Shinde for plaintiff present.
None present for defendants.
The Ld. Advocate for the plaintiff seeks time of four weeks to file affidavit of service of writ of summons.   Time is granted.
Adjourned for filing affidavit of service of writ of summons to 25.9.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv. Pankaj Shinde for plaintiff present.
Affidavit of service filed by the plaintiff.
On perusal of the documents filed it reveals that there is postal endorsement on the envelope that it is unclaimed by the defendant nos. 1 and 3 and even there is postal envelope pertains to defendant no. 1 that left return to sender.  It appears that it is not a proper service to defendant nos.  1 and 3.  Plaintiff  to take steps to serve defendant nos.  1 and 3.
Plaintiff filed the track report which shows service of delivery to the defendant no. 2.  Plaintiff to collect the postal receipt which is not annexed pertains defendant no. 2 and file on record.  Plaintiff to takes steps to serve defendant nos. 1 and 3.
Adjourned for steps to  23.10.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv. Pankaj Shinde for plaintiff present.
Affidavit of Service filed by the plaintiff.  TOR.
From the service affidavit it appears that the defendant no. 2 has been duly served on 17.8.2019 but defendant no. 2 did not turn up.  Hence suit to proceed exparte against defendant no. 2.  Postal endorsement on the envelope shows the endorsement as unclaimed.  It appears that it is not proper service.  Hence the plaintiff to take steps for service to defendant nos. 1 and 3.
Adjourned for taking steps in respect of service to defendant nos. 1 and 3 to 18.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Pankaj Shinde for plaintiff present.
The Ld. counsel for the plaintiff submitted that the defendant Nos. 1 and 3 are residing at Aurangabad i.e. beyond the territorial jurisdiction of this court and therefore seeks permission to serve writ of summons through the civil Judge, Sr. Division, District and Sessions Court premises at Aurangabad
O-Permission is granted to serve the defendant no. 1 and 3 through the Bailiff of Civil Judge, Sr. Division, Aurangabad.   In addition the plaintiff to serve defendant Nos. 1 and 3 through speed post.  Humdust is granted.
Adjourned for affidavit of service of summons in respect of defendant nos. 1 and 3 to 9.1.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Pankaj Shinde for plaintiff present.
Service affidavit filed by plaintiff.  T.O.R.
None for deft. no.1 and 3 when called repeatedly till 01.55 pm.
Matter adjourned for order against deft. no.1 and 3.
The matter is adjd for order against deft. no.1 and 3 to 27.01.2020.
Next Purpose: ORDER
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Employee of plaintiff company present.
On previous date, plaintiff has filed service affidavit along with on-line tracking report for the service of writ of summons to deft. no.1 and 3.  From the report and the affidavit, it is apparent that the writ of summons has been duly served to deft. no.1 and 3 but they failed to appear hence suit to proceed ex-parte against deft. no.1 and 3.
The matter is adjd for ex-parte evidence to 14.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Pankaj Shinde for plaintiff present.
Plaint.
Vakalatnama.
Memorandum of address.
List of documents.
Affidavit of examination in chief of PW-1 Sunil Balkrishna Pawaskar.
Compilation of documents. T.O.R.
Verification of PW-1 is completed.
ORDER BELOW EXH.6
Heard. Document at Sr. no.1 is extract of board resolution bearing signature of Director hence it is marked as exhibit. Document at Sr. no.2 are carbon copy of the invoices, lorry receipts and the original delivery challans. Those are collectively marked as exhibit.  Document at Sr. no.3 is bank statement but not supported by certificate under Banker\''s Books Evidence Act hence it is not marked as exhibit.  The document at Sr. no.4 is office copy of notice sent by adv. for plaintiff bearing signature of plaintiff\''s advocate.  Hence, it is marked as exhibit. Document at Sr no. 5 is reply by defts. It is marked as exhibit.  Document at Sr. no.6 is certified copy of criminal complaint, hence it is marked as exhibit.  Document at Sr. no. 7 is police statement.  It cannot be marked as exhibit. Document at Sr. no.8 is calculation.  It also cannot be marked as exhibit.
Extract of resolution of Board of Directors.
Original invoices, delivery challans and lorry receipts.
Office copy of notice dated 28.12.2015.
Reply by defts.
Certified copy of criminal case.
Ld. counsel for plaintiff seeks time for further evidence.  Granted.
The matter is adjd for evidence to 20.02.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv. Shinde for plaintiff present.
None for deft.
Additional affidavit of evidence of PW-1 Sunil Balkrishna Pawaskar.
List of additional documents filed by Adv. for plaintiff.
Verification of PW-1 is completed.
ORDER BELOW EXH.6-A
Heard.  Statement of account along with section 65-B certificate is marked as exhibit.
Statement of account along with certificate u/s.65-B of Evidence Act.
Evidence closing pursis filed by Adv. for plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 21.02.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv. Pankaj Shinde for plaintiff present.
Heard arguments of Adv. for plaintiff.
The matter is adjd for judgment to 24.02.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv. Shinde for plaintiff present.
Ld. counsel for plaintiff seeks time to tender judgment. The matter is for judgment.  In the interest of justice, matter is adjourned for judgment on 26.02.2020.
The matter is adjd for judgment to 26.02.2020.
Next Purpose: JUDGMENT
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Shinde for plaintiff present.
Adv. for plaintiff filed application for issuing witness summons.
ORDER BELOW EXH.14
Read application.  Heard.  The Ld. Counsel for plaintiff submitted that the plaintiff wish to examine the witness Amol Gavli who had recorded the statement during the inquiry under section 202 Cr.P.C.
The final argument was heard on 21.02.2020 and matter was placed for judgment on 24.02.2020.  On that date, counsel for plaintiff tendered some judgments, therefore the matter was adjourned to 26.02.2020 for judgment. This application is made after placing the matter for judgment.
The contention of the plaintiff is that certain documents were not marked exhibit and the plaintiff was under the belief that those documents are marked exhibit.  The issue of limitation was raised during the arguments of the plaintiff and the plaintiff was called upon to convince the court on the point of limitation.  He would submit that the plaintiff could not locate the witness in-spite of due diligence and now the witness is traced out and therefore, he seeks indulgence of this court to examine the witness.  In support of his contention, he placed reliance upon judgment of Hon\''ble Supreme Court in case of K.K. Velusamy V/s. N. Palanisamy reported in 2011 (2) Supreme 667.  I had given conscious consideration to the law laid down by Hon\''ble Apex Court.  The Hon\''ble Apex Court has held that  But if there is a time gap between the completion of evidence and hearing of the arguments, for whatsoever reason, and if in that interregnum, a party comes across some evidence which he would not lay his hands earlier, or some evidence in regard to the conduct or action of the other party comes into existence, the court may in exercise of its inherent power under section 151 of the Code, permit the production of such evidence if it is relevant and necessary in the interest of justice, subject to such terms as the court may deem fit to impose.
I had considered the law laid down in above cited judgment.  In case in hand, evidence of plaintiff was completed on 20.02.2020 and the matter was adjourned
for argument on 21.02.2020.  The matter was heard on 21.02.2020 and fixed for judgment on 24.02.2020 and subsequently, on 26.02.2020.  It appears that the time gap from the closing of evidence till date is of 6 days and it cannot be said to be a huge time gap.  As held by the Hon\''ble Apex Court in the above cited judgment, the court can exercise inherent power u/s.151 of the Code to permit the production of evidence.  The matter is not contested by the defendants.  No prejudice would be caused as the matter is ex-parte against the deft.  In the interest of justice, an opportunity is granted to plaintiff to adduce the evidence, hence it is expedient to pass the following order.
ORDER
1.    Application (Exh.14) is allowed.
2.    Issue witness summons to the witness on the address mentioned in the application on payment of witness bhatta as per rules.
3.     Application (Exh.14) is disposed off accordingly.

List of additional documents filed by plaintiff.  T.O.R.
O.  The document is certified copy of the order of Ld. Magistrate.  It is a public document, hence it is marked as Exh.16.
Certified copy of order dated 09.05.2017.
The matter is adjd for evidence to 04.03.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Adv. Pankaj Shinde for plaintiff present.
Deposition of PW-2 Amol Gokul Gawli.
Examination in chief is resumed by Adv. Shinde.
The certified copies of statements.
Examination in chief is completed by Adv. Shinde.
As matter is ex-parte, hence no cross examination.
Evidence of PW-2 is completed.
Evidence closing pursis filed by Adv. For plaintiff.
O. - Seen and filed.
The matter is adjd for arguments to 17.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: Advocate Pankaj Shinde for plaintiff is present.
None present for defendant.
Adjourned for arguments to 20.03.2020.
                                                                               Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: Advocate for plaintiff is present.
None present for defendant.
Adjourned for arguments to 07.04.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2020

Date: 13-07-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: CORAM  H.H.J. SHRI. R.V.KOKARE (C.R.31)
Both parties and their advocates are absent when called out.
Adjourned for Exparte argument to 12/10/2020.
Later on
Adv. Pakanj Shinde for plff is present.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Adv. Pankaj S. Shinde for plaintiff present.
Application filed by plaintiff, t.o.r. and marked at Ex.20.
Written argument filed by plaintiff, t.o.r. and marked at Ex 21.
Plaintiff is directed to file fresh copy of plaint.
Adjd. for hearing on Ex.20 to 19/10/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Business: Adv. Panjak S. Shinde for plaintiff present.
Advocate for plaintiff filed an application at Ex.20 for abandon his claim in prayer clause of the plaint.
It is hereby directed to the plaintiff to move ch/s for making amendment in the main prayer clause of the plaint, if he want to make amendment in the main prayer clause of the plaint.
Adjd. for (ex-parte) arguments on 31.10.2020
Next Purpose: ARGUMENTS
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Business: Advocate Pankaj S. Shinde for plaintiff is present. He tender copy of plaint and draft chamber summons.
O- Leave is granted to register chamber summons.
None present for defendant.
Adjourned for (ex-parte) arguments/Chamber summons hearing to 05.11.2020.
                                                                               Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for hearing on Chamber Summons  to 05.12.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: Both the parties and their advocate are absent when called out.
The plaintiff is not filed registered Chamber Summons. It is hereby directed to the plaintiff to tender registered Chamber Summons.
Adjourned for compliance on 17.12.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: Advocate Pankaj Shinde for plaintiff is present and tendered registered C/S No. 609/20 alongwith affidavit of service.
None present for defendant.
Adjourned for hearing on C/S to 07.01.2021.
                                                                                Judge
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv. Pankaj Shinde for plaintiff present.
None for defendant.
Heard argument of  Adv. Shinde for plaintiff.
        Suit is (ex-parte) against defendants. Perused schedule and
affidavit in support of C/S No. 609/20. Perused claim amount in
para 25 (a) of the plaint. Plaintiff is intending to relinquish cost
of Rs. 1,00,000/- to save the jurisdiction of this court. Plaintiff is
master of suit. He is at liberty to reduce the claim of cost. Suit is
(ex-parte) against defendants. C/S No. 609/20 is allowed as
prayed.
          Plaintiff to carried out the amendment within a week. C/S
No. 609/20 is disposed off.
Plaintiff has submitted evidence close pusis vide Exh. 19 on
04-03-2020. Ld. Adv. shinde for plaintiff requested suit be posted
for argument.
Matter is adjd.to 19-01-2021  for argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Adv. Pankaj Shinde for plaintiff present.
None for defendants.
Exh. 14 - Pursis filed by plaintiff to abate the suit as defendant no. 3 is no more. Plaintiff is not intending to record LR of defendant no. 3. Hence, suit is abated against defendant no. 3.
Heard argument of Adv. Pankaj Shinde for plaintiff.
Matter is adjd.to 29-01-2021 for Judgment.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: JUDGMENT
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv. Pankaj Shinde for plaintiff is present.
Adv. M. M. Shahane for defendant no. 2 present.
None for other defendant.
Exh.23 - VP Of Adv. Reddy, along with address memo.
Exh.24 - Application submitted by plaintiff to set aside (ex-parte) order.
Exh.25 - Application for dismissal/ stay of suit u/s 9 and
10 of CPC submitted by defendant no. 2.
Exh.26 -  List of document submitted by plaintiff.
Matter is adjd.to 20-02-2021 for Reply on Exh. -24
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: Adv. Mr. Deepak Ballal for plaintiff present.
Adv. Ms. Pratibha Khandale for defendant present.
Exh.27- Reply to Exh.24 submitted by plff.
Exh.28- Reply to Exh.26 submitted by plff.
Copies of Exh.27 and 28 served on deft.
In view of City Civil Court Rules, it is necessary to file NM in lieu of Exh.24 and 26.  However, ld adv. for deft. is not from Mumbai, it is submitted that he doesn\''t know the procedure of this court.
Now reply is filed on record.  Hence Exh.24 and 26 be register as NM.
At the request of both side adjd is granted r/o. 20.03.2021.
Matter is adjd.to 20.03.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: None for plaintiff.
Adv. Mr. M.N. Shah for deft. nos. 1 and 2, submits that Adv. Mr. Ballal for plff. asked to adjourn the matter as today is not possible for him to argue the matter.
Suit is abated against deft no.3.
Matter is adjd.to 16.04.2021 for hearing on NM no. 496/21 and 467/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 05.05.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 15.06.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2021

Date: 15-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv. for plaintiff present.
Adv. Pratik Sakalkar for defendants no. 1 and 2 present and filed adjournment application t.o.r..
Matter is adjd.to 22-09-2021 for filing register NM.
Next Purpose: FOR___________________
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 27-10-2021-2021 for filing register NM.
Next Purpose: FOR___________________
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: None for plaintiff.
Adv. Pooja Jadhav  for defendant no. 2 present and prayed for adjournment for argument. - considering the stage of the matter, adjournment granted as a last chance.
Matter is adjd.to 27-11-2021 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: a
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: Both parties and their advocates are absent.
Matter is adjd.to  19-01-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Both parties are absent when called out
Matter is adjd.to 23-02-2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: None for plaintiff.
None for defendant
Matter is adjd.to  22-03-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: None for plaintiff.
None for defendants.
Defendant no. 2 had filed NM No. 496/21 for setting aside ex parte order dtd. 23-10-2019 and NM no. 497/21 for dismissal of the suit or stay of proceeding under section 9 and 10 of the C.P.C.. The plaintiff and his Ld. Counsel failed to appear and argue in both these notice of motions.  Considering the stage of the matter last chance is given to both sides to argue in both NM failing which necessary order will be passed.
Matter is adjd.to 13-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: None for plaintiff.
None for defendant
As defendant no. 2 failed to appear and argue in both notice of motions i.e. NM No. 497/21 and  NM No. 496/21, they are dismissed in default. Proceedings of  NM No. 497/21 and NM No. 496/21 are closed.
Matter is adjd.to 24-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: None present when called.
Adjd for taking steps to 10/08/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None present when called.
Plaintiff to take steps.
Adjd for taking steps to 08/12/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None present when called. Plaintiff directed to take steps
Adjd for taking steps to 17/01/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: None present.
Plaintiff is directed to take steps.
Case is adjourned for steps to 19-04-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2023

Date: 19-04-2023
Business: None present.
Plaintiff is directed to take steps.
Case is adjourned for steps to 27-06-2023.
L.O. at 12.50 pm
Adv. Vinod Jagtap for defendant is present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: M/s. Elektromag Devices Pvt. Ltd. Vs M/s. Dhanashri Tooling Systems
All called, but absent
Parties to take steps. Else, put for necessary order.
Matter adjourned to 11.07.2023 for Dismissal Order.
Next Purpose: DISMISSAL
Next Hearing Date: 11-07-2023

Date: 11-07-2023
Business: M/s. Elektromag DevicesVs M/s. Dhanashri Tooling Systems
All called, but absent
Parties to take steps. Else, put for necessary order.
Matter adjourned to 31.07.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: M/s. Elektromag Vs M/s. Dhanashri Tooling Systems Pvt. Ltd.
All called, but absent.
Matter adjourned to 30.08.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: M/s. Elektromag Devices Vs M/s. Dhanashri Tooling Systems
All called, but absent.
Parties to take steps.
Matter adjourned to 02.09.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 02-09-2023

Date: 02-09-2023
Business: M/s. Elektromag Devices M/s. Dhanashri Tooling Systems
Plaintiff side called, but absent.
Adv. Anirudh Yadav present for defendant.
Plaintiff to take steps by next date.
Matter adjourned to 30.09.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-09-2023

Date: 30-09-2023
Business: M/s. Elektromag Devices Vs M/s. Dhanashri Tooling
All called, but absent.
Plaintiff to take steps. Else, put for dismissal order.
Matter adjourned to 30.10.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: Elektromag Devices V/s Dhanshri Tooling System
All called, but absent.
Case adjourned to 23.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Elektromag Devices V/s Dhanshri Tooling system
All called, but absent.
Put for dismissal order.
Parties granted last opportunity to take steps, if any.
Suit adjourned to 27.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Elektromag V/s Dhanshri Tooling
Plaintiff side called, but absent.
Plaintiff granted last opportunity to take steps. Else, put for dismissal order.
 Suit adjourned to 28.02.2024 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Elektromag V/s Dhanshri Tooling
All called, but absent.
FRSR following order is passed -
ORDER
    1. Commercial Suit No. 100045 / 2019, M/s. Elektromag Devices Private Limited Vs. 1. Ms. Dhanashri Tooling Pvt. Ltd., is dismissed with cost.
    2. Decree be drawn up accordingly.
    3. Judgment dictated and pronounced in Open Court.
    4. Plaintiff be informed about their right to challenge this Judgment and period of limitation for the same.
    5. After compliance and period of Appeal, Shirestedar and AS to consign Record of the Suit, to Record Room.
Nature Of Disposal: DISMISSED
Disposal Date: 28-02-2024

Additional Case Details

Additional Case Details
Filing Number: 105140/2019
Filing Date: 25-04-2019
First Hearing Date: 03rd August 2019
Decision Date: 28th February 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
28 Feb 2024

Order Details: Copy of Judgment Pdf Text: CS No.100045 / 2019, Elektromag - Dhanashri Judgment (Exh.29), 1 of 8 MHCC010048462019 Suit Filed on : 25.04.2019 Evidence Over : 04.03.2020 Arguments Closed : 28.02.2024 Decided on : 28.02.2024 Duration : 04 Y, 10 M, 03 Days City Civil & Sessions Court, Mazgaon, Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) Commercial Suit No. 100045 / 2019 Exhibit No. 29 Plaintiff :…

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