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Commercial Suit

M/s. Chetana Book DepotVsM/s. Saraswati Enterprises +2 more

CNR MHCC0100544320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 27th February 2020

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100136/2019
Registration Date
27 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 04-11-2019
    Business: Adv. Lakhani for plaintiff present.
    The plaintiff has filed original writ of summons along with the affidavit of service.  On perusal of the report on the sealed envelopes it appears that the defendant nos. 1 to 3 refused to accept the service.  Hence put the matter for further order.
    Adjourned for order to 20.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Jay Yadav for plaintiff present.
    The defendant no. 1 to 3 refused to accept the service. Suit to proceed exparte against defendant nos .1 to 3.
    Affidavit of claim filed by the plaintiff.
    List of documents filed by the plaintiff.
    Adjourned for hearing on admissibility of the documents to 13.12.2019.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Lakhani for plaintiff present.
    None for deft.
    Ld. counsel for the plaintiff seeks time to file affidavit of evidence.  Hence, adjourned.
    The matter is adjd for evidence to 10.01.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Lakhani for plaintiff present.
    None for deft.
    Adv. for plaintiff seeks time to adduce evidence.  Granted.
    The matter is adjd for evidence to 23.01.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Adv. Lakhani for plaintiff present.
    None for deft.
    Adv. for plaintiff seeks time to give evidence.  Granted as last chance.
    The matter is adjd for evidence to 30.01.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv. Ms. Anjali Koteja h/f Lakhani for pltff.
    Pltff present.
    None present for Defendant.
    Affidavit of evidence of the pltff.
    List of documents.
    Plaintiff seeks time to file further documents.
    The matter is adjd for evidence to 15.02.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Adv. Lakhani for plaintiff present.
    None for deft.
    Plaintiff tenders certificate u/s.65-B of Evidence Act. T.O.R.
    He seeks time time for hearing on admissibility of documents.  Granted.
    The matter is adjd for hearing to 18.02.2020.
    Next Purpose: HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Lakhani for plaintiff present.
    None for deft.
    Additional evidence of PW-1 Shaji John.  T.O.R.
    Verification of PW-1 is completed.
    ORDER BELOW EXH.3  3-A
    Heard.  The office copy of the invoice at Sr. no.1 to 5 filed with Exh.3 are exhibited as there is sufficient evidence to that effect.  The document at Sr. no.7 is alleged to be the writing of the defendants.  There is no sufficient evidence who had signed the document and in whose presence. Even there is no evidence to whom the document was tendered.  The document is only marked for the purpose of identification.  Document at Sr. no.8 is the copy of letter addressed by deft. no.2 to the plaintiff.  The original is not tendered.  Evidence is that the same has been misplaced but it is not sufficient to accept this document as secondary evidence.  Document at Sr. no.9 is office copy of notice duly signed by the advocate of the plaintiff, hence it is marked as exhibit.  Document at Sr. no.1 with Exh.3-A is true copy of power of attorney.  It is verified from the original produced hence it is marked as exhibit. The document at Sr. no.2 of Exh.3-A is extract of ledger account with certificate u/s.65-B of Evidence Act hence it is marked as exhibit.
    Invoice No.16/10442.03 dated 20.06.2016.
    Invoice No.16/10438.03 dated 20.06.2016.
    Invoice No.16/10438.06 dated 30.06.2016.
    Invoice No.16/10438.07 dated 04.07.2016.
    Invoice No.16/10438.08 dated 12.07.2016.
    Writing dated 20.09.2016 by deft. no.3 in favor of plaintiffs.
    Office copy of notice dated 27.01.2018.
    True copy of power of attorney.
    Ledger account of the deft. no.1 in the books of plaintiffs.
    Heard arguments.
    The matter is adjd for judgment to 27.02.2020.
    Next Purpose: JUDGMENT
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Suit is decreed with costs.
    Nature Of Disposal: DECREED
    Disposal Date: 27-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 105873/2019
    Filing Date: 03-06-2019
    First Hearing Date: 04th November 2019
    Decision Date: 27th February 2020
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Feb 2020

    Order Details: Copy of Judgment Pdf Text: 1 Suit No.136-2019 Suit lodged on: 13th June, 2019 Suit decided on: 27th February, 2020 Total duration: 8 months, 14 days IN THE BOMBAY CITY CIVIL COURT AT MUMBAI S.C.SUIT(COM) NO. 136 OF 2019 (CNR NO.MH CCO1-005443-2019) M/s.Chetana Book Depot, a partnership firm, having its registered office at 4th floor, ‘B’wing, Building ‘E’ Trade Link, Kamla City, Above Bombay Canteen, Lower Parel, Mumbai 400 013. ..Plaintiff V/s. 1. M/s.Saraswati Enterprises, C/o. Bailram Naik…

    Read Full Order

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