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Commercial Suit

BASF India LtdVsM/s. Abnashi Lida Impex +2 more

CNR MHCC01005028201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 04th April 2022

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100674/2021
Registration Date
12 Jun 2018

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-08-2018
    Business: Adv. Mansi Jani for Plaintiff present.
    None for Defendant.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for plaintiff has filed application for issuance of writ of summons upon defendant.
    Order Issue fresh writ of summons upon defendant.
    Matter is adjd. to 30/10/2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Adv. Mansi Jani for Plaintiff present.
    Adv. Chirag Gandhi for Defendant present.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 08/01/2019  for Filing S/J or taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-01-2019
    
    Date: 08-01-2019
    Business: The P.O. is deputed by the Hon\''ble High Court to MJA Uttan for one day Mediation training, hence board is discharged as case is adjourned to 25/02/2019  for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: As the Court is on leave Board is discharged and the matter stands adjd. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Adv for plaintiff Ms.Aparna present
    Adv for deft Mr.Gandhi present
    Adv for plff. requested for adjournment. O-Granted.
    Matter is Adjd for Steps to 11/07/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Adv. Vyas for plaintiff present.
    None present for defendant
    Draft ch/s alongwith affidavit filed by plaintiff.
    Copy  be served to defendant.
    Adjd. for ch/s service to 24.09.2019.
    LO at 12.30 p.m.
    Adv. Chirag Gandhi for defendant present.
    Adjd. for ch/s service to 24.09.2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: P.O is on leave. Adjd to 26/11/19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Ms. Aprava Vas present for the plff.
    None present form Deft.
    Ld counsel filed registered CS 1319/19 along with affidavit. t.o.r.
    Adj. For Reply on 15/01/2019.
    LO
    Adv. Chirag Gandhi present for Deft.
    Adj. For Reply on 15/01/2020.
    Next Purpose: REPLY
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Preston Dias for plaintiff present.
    Adv. Chirag Gandhi  for defendant present.
    On the request of defendant the matter is adjd for reply as last chance.
    Matter adjd to 26/02/2020 reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv. Leona furtado for plaintiff
    None for defendant
    The defendant failed to file reply to the Ch/s 1319/19. Hence, Chamber summons to proceed without reply of the defendants
    Adjd for hearing of Ch/s to 04-07-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv Apara Vayas for pliantiff present.
    None for defendant
    Adjd to 09-03-2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: None for plaintiff
    Adv. Gandhi for defendant filed
    Exh.6-Pursis @ Copy of death certificate of defendant No.2. Seen.t.o.r.
    Adjd for steps to 09-08-2021
    LO at 12.12pm
    Adv. Vyas for plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Kotecha for plaintiff present.
    None for deft.
    On oral request of Adv. For plaintiff, the matter is adjd for taking steps to 03.09.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Anjali Kotecha for plaintiff present.
    Adv. For plaintiff sought time for taking out Ch/sum for bringing legal representatives of deft. no.2 on record.  Adjournment is granted.
    The matter is adjd for steps to 23.09.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Anjali Kotecha for plaintiff present.  She prayed for adjournment for taking out Ch/sum for bringing legal representatives of deft. no.2 on record.
         As per pursis (Exh.6) and copy of death certificate filed along with pursis, deft. no.2 Harpal Singh Ahuja passed away on 08.01.2020.  Therefore, suit as against deft. no.2 stands abated.
    The matter is adjd for taking steps to 12.10.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv. Anjali Kotecha for plaintiff present.  She sought time for taking steps. Time as prayed for is granted.
    The matter is adjd for taking steps to 09.11.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: P.O. is on  Leave
    Matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv. Anjali Kotecha for plaintiff present.
    Heard Adv. For plaintiff on Ch/sum.
    ORDER BELOW CH/SUM NO.1319/19
         This Ch/sum is taken out by plaintiff praying for amendment in the plaint with respect to part payments made by defendants.  Ch/sum proceeded without reply.  It is submitted on behalf of plaintiff that defts. made part payments of the suit claim subsequent to the filing of the suit. Plaintiff wants to make amendment in the plaint showing the payments made by defendants. Proposed amendment is of formal in nature and it is necessary for just decision of the case. Hence, following order.
    ORDER
    1.  Ch/sum No.1319/19 is made absolute in terms of prayer clause (a).
    2.   Plaintiff is directed to carry out amendment proposed in the schedule within 14 days.
    3.   No order as to costs.
    4.   Ch/sum No.1319/19 is disposed of accordingly.
    The matter is adjd for compliance to 30.11.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Leona Furtado for plaintiff present.
    The matter is adjd for taking steps to 07.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: None for plaintiff.
    Adv. Ruhina Shaikh for deft. nos.1 and 3 present.  She submits that deft. nos.1 and 3 instructed her to appear before the Court.  She undertakes to file vakalatnama on next date.
    Adv. For deft. nos.1 and 3 filed appearance memo.  T.O.R.
    Adv. For deft. nos.1 and 3 submits that deft. nos.1 and 3 have not received copy of the amended plaint.
    Plaintiff has carried out amendment in the plaint as per order dated 17.11.2021.  Plaintiff is directed to serve copy of amended plaint to deft. nos.1 and 3 or their advocate.
    The matter is adjd for compliance to 09.02.2022.
    L.O. at 12.10 pm.
    Adv. Vyas for plaintiff present.
    Adv. For plaintiff filed service affidavit to show that copy of amended plaint is served to the deft. nos.1 and 3.  T.O.R.
    The matter is already adjd to 09.02.2022 now for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Adv. Anjali Kotecha for plaintiff present.
    Adv. For plaintiff tendered draft S/J.  Leave to register and serve S/J is granted.
    The matter is adjd for service of S/J to 21.02.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: P.O. is on leave.
    Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv. Vijay More for plaintiff present.
    Adv. For plaintiff tendered registered S/J No.57/22. T.O.R.
    The matter is adjd for filing service affidavit regarding service of S/J to 10.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv. Vyas along with Adv. Vijay More i/b. Pan India Legal Services LLP for plaintiff present.
    Adv. Chirag Gandhi for deft. nos.1 and 3 present.
    Adv. For plaintiff filed service affidavit regarding service of S/J.  T.O.R.
    As per service affidavit, Adv. For deft. nos.1 and 3 is duly served with S/J.  But, deft. nos.1 and 3 failed to file leave to defend application. Therefore, S/J to proceed without reply of deft. nos.1 and 3.
    The matter is adjd for hearing on S/J to 23.03.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv. Vijay More for plaintiff present.
    Adv. Chirag Gandhi for deft. nos.1 and 3 present.
    Exh.7 - Adv. For deft. nos.1 and 3 filed application for adjournment.
    O. - It is submitted that defendants are resident of Agra and therefore, they are unable to file necessary applications before the Court.  They sought adjournment for hearing.  For the reasons stated in the application, adjournment is granted for today as a last chance.
    The matter is adjd for hearing on S/J to 30.03.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Lokhandwala along with Adv. Vyas for plaintiff present.
    Adv. Shaikh for deft. nos.1 and 3 present.
    Exh.8 - Adv. For deft. no.1 and 3 filed application for taking on record email correspondence between the parties.
    O. - Production is allowed.
    Adv. For plaintiff submits that parties have settled their dispute. She sought time for filing withdrawal application.  Time as prayed for is granted.
    The matter is adjd for filing withdrawal application to 04.04.2022.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Apara Vyas along with Adv. Vijay More i/b. Pan India Legal Services LLP for plaintiff present.
    Adv. Chirag Gandhi for deft. nos.1 and 3 present.
    Exh.9 - Application for withdrawal of suit filed by Adv. For plaintiff.
    Contents in the application are verified, read and recorded. Application is supported by email sent by plaintiff authorizing advocate on record to withdraw the suit. Defendant Nos.1 and 3 have no objection for unconditional withdrawal of the suit.
    Plaintiff wants to withdraw the suit unconditionally due to settlement of dispute with defendants.  Therefore, plaintiff is permitted to withdraw the suit.  In view of withdrawal of the suit, summons for judgment No.57/2022 is disposed of.  No order as to costs.  Court fees be refunded as per Rules.  Proceedings be closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 04-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105436/2018
    Filing Date: 17-04-2018
    First Hearing Date: 06th August 2018
    Decision Date: 04th April 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    04 Apr 2022
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
    Case No. :Commercial Suit/0100674/2021
    BASF India Ltd Vs 1. M/s. Abnashi Lida Impex 2. Hapal Singh Ahuja 3.
    Tajinder Pal Ahuja
    Date : 04042022
    Business : Adv. Apara Vyas along with Adv. Vijay More
    i/b. Pan India Legal Services LLP for
    plaintiff present. Adv. Chirag Gandhi for
    deft. nos.1 and 3 present. Exh.9
    Application for withdrawal of suit filed by
    Adv. For plaintiff. Contents in the
    application are verified, read and recorded.
    Application is supported by email sent by
    plaintiff authorizing advocate on record to
    withdraw the suit. Defendant Nos.1 and 3
    have no objection for unconditional
    withdrawal of the suit. Plaintiff wants to
    withdraw the suit unconditionally due to
    settlement of dispute with defendants.
    Therefore, plaintiff is permitted to withdraw
    the suit. In view of withdrawal of the suit,
    summons for judgment No.57/2022 is
    disposed of. No order as to costs. Court fees
    be refunded as per Rules. Proceedings be
    closed.
    Nature of
    Disposal
    : WITHDRAWL
    Disposal Date : 04042022
    -- 1 of 1 --
    Order 1
    04 Apr 2022
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
    Case No. :Commercial Suit/0100674/2021
    BASF India Ltd Vs 1. M/s. Abnashi Lida Impex 2. Hapal Singh Ahuja 3.
    Tajinder Pal Ahuja
    Date : 04042022
    Business : Adv. Apara Vyas along with Adv. Vijay More
    i/b. Pan India Legal Services LLP for
    plaintiff present. Adv. Chirag Gandhi for
    deft. nos.1 and 3 present. Exh.9
    Application for withdrawal of suit filed by
    Adv. For plaintiff. Contents in the
    application are verified, read and recorded.
    Application is supported by email sent by
    plaintiff authorizing advocate on record to
    withdraw the suit. Defendant Nos.1 and 3
    have no objection for unconditional
    withdrawal of the suit. Plaintiff wants to
    withdraw the suit unconditionally due to
    settlement of dispute with defendants.
    Therefore, plaintiff is permitted to withdraw
    the suit. In view of withdrawal of the suit,
    summons for judgment No.57/2022 is
    disposed of. No order as to costs. Court fees
    be refunded as per Rules. Proceedings be
    closed.
    Nature of
    Disposal
    : WITHDRAWL
    Disposal Date : 04042022
    -- 1 of 1 --

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