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SUIT - SHORT CAUSE CIVIL SUIT

Oriental Contractors Pvt Ltd through its Director Mohd. Nadeem Mohd. Salim ChohanVsZaibunnissa Ismail Sayyed

CNR MHCC01005027201866-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 06th May 2025

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101655/2021
Registration Date
23 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Oriental Contractors Pvt Ltd through its Director Mohd. Nadeem Mohd. Salim Chohan

    Respondent

    1. 1Zaibunnissa Ismail Sayyed

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-09-2018
Business: Adv. Patel for plaintiff present.
Exh-1 Plaint
Exh-2 Vakalatnama
Exh-3 Memorandum of register address
Exh-4 List of documents.
Exh-5 Adv. Patel for plaintiff tendered application for extension of time.
O-Allowed.
Matter is adj for direction on 25/02/19.
Next Purpose: DIRECTIONS
Next Hearing Date: 25-02-2019

Date: 25-02-2019
Business: None for plff.
Adv D\''silva I/b Vasim Shaikh for deft tendered V/N marked as Ex.06.  O- filed.
Matter is adj for WS on 24-04-2019
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 24-04-2019

Date: 24-04-2019
Business: Adv.Suraj Gaikwad for plaintiff present.
Adv.Shaikh for defendant present.
Matter adj for filing written statement on 14/06/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-06-2019

Date: 14-06-2019
Business: Matter called out (11.46 am)
Plaintiff and advocate absent.
Adv.Vasim Shaikh for defendant tendered draft Notice of Motion alongwith affidavit for condonation of delay he filed N/M
O-Leave is granted to register the Notice of Motion.
Matter adj for hearing on N/M on 12/07/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Matter called out (03.30pm)
Adv.Suraj Gaikwad for plaintiff present.
Exh-7 Adv.Vasim Shaikh for defendant tendered written statement.
F.R.S.R following order is passed on N/M No.2166/19.
ORDER
1.Notice of Motion No. 2166 of 2019 is hereby made absolute in terms of prayer clause
2.The delay of 180 days be condoned without cost.
3.Notice of motion No. 2166 of 2019 is disposed off accordingly.
Copy supply to other-side.
Matter adj for framing of issues on 27/08/19.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Suraj Gaikwad for plaintiff present.
Adv. Wasim Shaikh for defendant present.
Matter adjd to 04.11.2019 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv. A. D\''silva for defendant present.
Matter adjd to 28.04.2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
Adv Sontakkae for defendant present.
Adjd to 08-03-2021.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Imtiyaz patel for plaintiff
None for defendant
Adjd to 06-08-2021
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: P.O. is on leave, hence adjd to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Adv. G.B. Naik for plaintiff present.
Adv. For plaintiff filed draft issues.  T.O.R.
         Perused the proceeding sheet and plaint.
2.     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
3.    Section 12 of the Commercial Courts Act, 2015  makes a provision for determination of specified value.  As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
4.    Plaintiff is seeking recovery of the amount of Rs.94,190/-.  It has also valued the suit for said amount.  Thus, as per section 12(1)(a) of  the Commercial Courts Act, 2015, specified value of the present suit would be Rs.94,190/-. Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
Matter is adjd for compliance of above order to 07.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: None for both parties.
Adjd for compliance to 01/10/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: None for parties.
Adjd to. 09.12.2021 for Issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
At 11.48 am.
Adv. For plaintiff is present.
Exh.8 Draft issues filed by plaintiff. TOR.
Matter adjd for issues to 02/02/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: As per office order no. 07 of 2022 and 03 of 2022 only urgent
matters are to be taken up for hearing therefore matter is
adjourned.
Adjd for framing issues to 02/05/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for both sides
Court is busy in passing orders in NM No. 4858/18 in suit no. 2580/16 and Chamber summons 1051/15 in suit 9292/95 hence adjourned.
Adjd for framing issues to 02/08/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: matter is adjourned to
Next Purpose: FRAMING ISSUES
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv. Mohd. Shoaib h/f Imtiyaz Patel for plaintiff present.
None for defendant.
Issues are framed at Exh.07.
Matter is adjd.to  12-12-2022 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. Mohd. Shoaib Shaikh for plaintiff present and prayed for adjournment  - allowed
Adv. Wasim Shaikh for defendant present.
Matter is adjd.to 07-02-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: Adv. Mr Mohd Shoaib Shaikh for plaintiff present and prayed for adjournment  - allowed
Adv Mr. Wasim Shaikh for defendant present.
Matter is adjd.to   23-03-2023 for Evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: None for plaintiff.
Adv. Wasim Shaikh for defendant present.
Matter is adjd.to 19-06-2023 for evidence of plaintiff
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Adv.  Abdul L. Shaikh for plaintiff present and seek time to file evidence of plaintiff. Time granted till next date.
None for defendant.
Matter adjourned to 22/08/2023 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-08-2023

Date: 22-08-2023
Business: Adv. Mohammed Shoib for plaintiff present and seek time for filling evidence of plaintiff.  Time granted till next date.
None For defendant present.
Matter adjourned for R/E to 23/10/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: None For plaintiff present.
Adv. Vasim Shaikh for defendant present.
Matter adjourned for R/E of plaintiff to 05/02/2024.
L. O.
Adv. Mohammed Shoib for plaintiff present.
Already matter adjourned to 05/02/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: None For plaintiff present.
None For defendant present.
Matter adjourned for R/E to 23/04/2024.
L. O.
Adv. A. L. Shaikh for plaintiff present.
Already matter adjourned for R/E to 23/04/2024.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-04-2024

Date: 23-04-2024
Business: None present.
Issues are framed on 06/10/2022, however plaintiff failed to lead evidence, hence kept for necessary order.
Matter adjourned for order to 12/08/2024.
L. O.
Adv. Wasim Shaikh for defendant present.
Matter already adjourned for order to 12/08/2024.
Next Purpose: ORDER
Next Hearing Date: 12-08-2024

Date: 12-08-2024
Business: None present. KB
L. O. at 1.15 PM.
None present.
Plaintiff failed to lead evidence, hence kept for dismissal order to be passed on next date for want of prosecution.
Matter adjourned for dismissal of suit to 29/11/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 29-11-2024

Date: 29-11-2024
Business: None present. Kept back...
Later on ..
Advocate for plaintiff present and request one chance be given to lead evidence.
Matter adjourned for dismissal to 24/01/2025.
Next Purpose: DISMISSAL
Next Hearing Date: 24-01-2025

Date: 24-01-2025
Business: Adv. Imtiyaz Patel for plaintiff present and seek time to lead evidence. Time granted till next date.
None for defendant present.
Matter adjourned for dismissal to 06/05/2025.
Next Purpose: DISMISSAL
Next Hearing Date: 06-05-2025

Date: 06-05-2025
Business: None present.
Later on.
Adv. A.L.Shaikh for plaintiff present.
Plaintiff failed to lead evidence hence suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 06-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105435/2018
Filing Date: 17-04-2018
First Hearing Date: 14th September 2018
Decision Date: 06th May 2025
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    06 May 2025
    Order Details: Other
Pdf Text: 06.05.2025
SR. NO. 8
CORAM : HIS HONOR JUDGE SHRI. U. C. DESHMUKH
(C. R. No. 66)
SU 1655/2021 None present.
Later on.
Adv. A.L.Shaikh for plaintiff present.
Plaintiff failed to lead evidence hence suit stands dismissed
for want of prosecution.
Judge
-- 1 of 1 --
    Order 1
    06 May 2025
    Order Details: Other
Pdf Text: 06.05.2025
SR. NO. 8
CORAM : HIS HONOR JUDGE SHRI. U. C. DESHMUKH
(C. R. No. 66)
SU 1655/2021 None present.
Later on.
Adv. A.L.Shaikh for plaintiff present.
Plaintiff failed to lead evidence hence suit stands dismissed
for want of prosecution.
Judge
-- 1 of 1 --

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