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SUIT - SHORT CAUSE CIVIL SUIT

Shri Raj Kumar AgarwalVsM/s. Essar Heavy Engineering Services

CNR MHCC01005085201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th January 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
101153/2018
Registration Date
20 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Shri Raj Kumar Agarwal

    Respondent

    1. 1M/s. Essar Heavy Engineering Services

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-06-2018
Business: Adv. Ms. Divaya Present for the Plff.
None Present for the Deft.
Adv. For the Plff filed application for the fresh issue writ of summons. t.o.r.
Order- allowed for proper service of given address.
Adj.f or Service affidavit on 21/08/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-08-2018

Date: 21-08-2018
Business: Adv. Mrs. Divya Present for the Plff.
Adv. Pulkit Sharma Present for the Deft.
Ld counsel for the Deft filed VP. t.o.r.
Ld counsel for the deft submitted the order of NCLT Mumbai branch in CP no. 1832/IBC/NCLT/MB/MAH/2017, Dt. 20/04/2018.t.o.r.
and prayed that, matter be in view of section 14(1) of The Insolvency and Bankruptcy Code, 2016 (31 of 2016) matter be refereed to NCLT for Moratorium as claim by the plff.
Ld counsel for the Plff sought time to take necessary instruction. Hence matter kept steps on 31/08/2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2018

Date: 31-08-2018
Business: P.O. is on Mediation Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: P. O. is on Mediation Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Adv. Ms. Asmita Kapadia Present for the Plff.
Adv. Ms. Joyti Rajguru Present for the Deft.
Ld counsel for the plff filed application for take appropriate steps. t.o.r. copy of application supplied to Ld counsel for the deft.
Adj. For Say on Ex.03 on 24/06/2019.
Next Purpose: FILING SAY
Next Hearing Date: 24-06-2019

Date: 24-06-2019
Business: None present for plaintiff.
Adv. Jyoti Rajguru for defendant present.
Ld. counsel for defendant tendered the copy of NCLT order. Hence suit is adjourned sine-die.
Matter adjd say on 18/11/2019.
Next Purpose: FILING SAY
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Burjis Bhathena for plaintiff present.
Matter adjd for  06.01.2020.
Next Purpose: FILING SAY
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Smita Kapadia for plaintiff present.
Representative of deft present.
On the request of representative of deft matter is adjourned for filing say on application Exh.3.
Matter adjd for filing say on application Exh.3 on 03/02/2020 at 11.00 am
Next Purpose: FILING SAY
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: None present.
Rajul Mishra - intern for defendant present.
Order passed below Ex.03.
The application Ex.03 is proceeded without say.
Matter adjd for hearing on Ex.03 to 20-03-2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Next Purpose: HEARING
Next Hearing Date: 30-06-2020

Date: 30-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present.
Today matter is for hearing on Ex.03.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for hearing on Ex.03 to 22-02-2021.
Next Purpose: HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: At. 11.09 am
Adv. Monkia Bhatt h/f Adv. Kalyani Parmar for plaintiff present.
None for defendant.
Adjd for hearing to 14/06/2021.
Next Purpose: HEARING
Next Hearing Date: 14-06-2021

Date: 14-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-09-2021

Date: 02-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: HEARING
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Court is Vacant.
Next Purpose: HEARING
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: HEARING
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Matter called out at 11.35 am
None present for  plff
None present for Defendant
K.B. L.O. at 1.09 pm
Adv Manish Parihar for plff present.
Matter is adjd on 18.08.2022 for hearing on Exh.3 application.
Next Purpose: HEARING
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: None  for plff
None for Defendant
Matter is adjd on 11.10.2022 for Hrg
Next Purpose: HEARING
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Matter called out at 11.51 am
Adv Sanjay Prabhala for plff present
None for defendant
Adv for plff seeks time to take steps to ascertain if defendant company is gone into liquidation.
Matter is adjd on 08.12.2022 for Steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Matter called out at 12.16 pm
Adv Manisha Parihar for plff present
None for defendant
Adv for plff tendered application for permission to  withdraw of the suit with liberty to file the claim before Insolvency Professional/Liquidator t.o.r. marked as Exh 4
O- Plff is absent.  Therefore, put up for order on next date.
Matter is adjd on 10.01.2023 for Withdrawal
Next Purpose: WITHDRAWAL
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Matter called out at 11.10 am
Plaiintiff present
Adv Manisha Faryad for plaintiff present
None for defendant
Record shows that Adv for plaintiff has tendered application Exh 4 for withdrawal of the suit.  Plaintiff seeks to withdraw the suit on the ground that NCLT has admitted petition under Section 7 of IPC.  Defendant has produced the copy of order dated 20.03.2018 passed by NCLT, Mumabai whereby IRP has been appointed for defendant company.  In these circumstances, plaintiff is allowed to withdraw the suit with liberty to file the claim before Insolvency Professional/Liquidator.  Hence, following order is passed below Exh 1
Order
1.  Suit No. 1153 of 2018 is disposed off as withdrawn.
2.  No order as to costs.
3.  Issue court fee refund certificate as per the Rules.
R and P be sent to Record Department.
Nature Of Disposal: WITHDRAWL
Disposal Date: 10-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105537/2018
Filing Date: 18-04-2018
First Hearing Date: 08th June 2018
Decision Date: 10th January 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    10 Jan 2023
    Order Details: Other
Pdf Text: Order on Suit No. 1158 of 2019
Matter called out at 11.10 am Plaiintiff present Adv Manisha
Faryad for plaintiff present None for defendant Record shows
that Adv for plaintiff has tendered application Exh 4 for
withdrawal of the suit. Plaintiff seeks to withdraw the suit on
the ground that NCLT has admitted petition under Section 7
of IPC. Defendant has produced the copy of order dated
20.03.2018 passed by NCLT, Mumabai whereby IRP has been
appointed for defendant company. In these circumstances,
plaintiff is allowed to withdraw the suit with liberty to file
the claim before Insolvency Professional/Liquidator. Hence,
following order is passed below Exh 1 Order 1. Suit No. 1153
of 2018 is disposed off as withdrawn. 2. No order as to costs.
3. Issue court fee refund certificate as per the Rules. R and P
be sent to Record Department.
-- 1 of 1 --
    Order 1
    10 Jan 2023
    Order Details: Other
Pdf Text: Order on Suit No. 1158 of 2019
Matter called out at 11.10 am Plaiintiff present Adv Manisha
Faryad for plaintiff present None for defendant Record shows
that Adv for plaintiff has tendered application Exh 4 for
withdrawal of the suit. Plaintiff seeks to withdraw the suit on
the ground that NCLT has admitted petition under Section 7
of IPC. Defendant has produced the copy of order dated
20.03.2018 passed by NCLT, Mumabai whereby IRP has been
appointed for defendant company. In these circumstances,
plaintiff is allowed to withdraw the suit with liberty to file
the claim before Insolvency Professional/Liquidator. Hence,
following order is passed below Exh 1 Order 1. Suit No. 1153
of 2018 is disposed off as withdrawn. 2. No order as to costs.
3. Issue court fee refund certificate as per the Rules. R and P
be sent to Record Department.
-- 1 of 1 --

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