Order Details: Order below exhibit Pdf Text: 1 Order below Exh. 25 in Comm. Suit 18/2019 MHCC010057122019 IN THE CITY CIVIL COURT AT MUMBAI. (Court Room No.32) ORDER BELOW EXH.25 IN COMMERCIAL SUIT No.18 of 2019 Mr. Bhupendra Jayantilal Jain …PLAINTIFF VERSUS M/s SRP Textile (partnership firm) & others …DEFENDANTS Shri Dheeraj Rathore, learned advocate for plaintiff Shri Vaibhav Kamble h/f. Shri Jayesh Rathod, learned advocates for defendants CORAM : JUDGE SHRI. N.P. TRIBHUWAN O R D E R (Delivered…
Commercial Suit
Mr. Bhupendra Jayantilal Jain proprietor of M/s. Shumham YarnsVsM/s. S R P Textile +3 more
CNR MHCC01005712201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th April 2023
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 100018/2019
- Registration Date
- 10 Jun 2019
Advocates
2For Petitioner
For Respondent
Parties
5Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 10-07-2019
Business: Adv. Dheeraj Rathod for Plaintiff present.
Deft and Adv absent.
Issue writ of summons against defendants for settlement of issues and filing written statement through Bailiff on payment of process fees.
Adj for service to 09.08.2019.
Next Purpose: SERVICE
Next Hearing Date: 09-08-2019
Date: 09-08-2019
Business: Adv. Dheeraj Rathore for Plaintiff present.
Deft and Adv absent.
Adv for Plaintiff prayed for issuance of Humdast in relation to writ of summons for service of the same upon defendant through the Bailiff of the Court of Civil Judge, Jr.Division, Bhiwandi.
Writ of summons be issued against the defendant for settlement of issues and filing written statement as per order 5 Rule 21 of CPC on payment of P.F.
Humdast as prayed in the name of C.J.J.D.,Bhiwandi for serving summons through their Bailiff is allowed.
Adj for service to 07.09.2019.
Next Purpose: SERVICE
Next Hearing Date: 07-09-2019
Date: 07-09-2019
Business: Plff and Adv absent.
Deft and Adv absent.
Service report awaited.
Adj for service to 01.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Dhiraj Rathod for Plaintiff present.
Report of Writ of summons is awaited.
Therefore, adjd. to 22.10.2019 for service report.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Business: NOBTOB
Summons received from Bhivandi court t.o.r
Already adjourned to 22.10.2019.
Next Purpose: SERVICE
Next Hearing Date: 22-10-2019
Date: 22-10-2019
Business: Adv. Dheeraj Rathod for plaintiff present.
None present for defendant.
Ex 2 Adv. For plaintiff filed affidavit of service. t.o.r
already received Writ of summon from Bhivandi court.
On perusal of original Writ of summons received from Bhivandi Court it is clear that Writ of summons is duly served upon defendants but none appeared on behalf of defendant no 1 and defendant no 2 to 4 failed to remain present personally.
Therefore, suit is to proceed ex-parte against the defendant.
Adjd. for recording evidence to 20.11.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: Adv. Dheeraj Rathore for Plaintiff present.
Ex.3 He filed affidavit of evidence of P.w.1 Ravi Shah t.o.r.
Ex.4 He also filed compilation of documents t.o.r.
Put up for marking documents exhibit.
CA is absent, hence adj for R/E to 17.12.2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-12-2019
Date: 17-12-2019
Business: Adv. Dheeraj Rathod for plaintiff present.
None present for defendant.
Adv. for plaintiff sought adjournment as witness is not available. - Granted.
Hence, adjourned for R/E to 16.01.2020.
LO
Adv. Abhay Ladge appeared for all defendants and filed V/N t.o.r. and marked as Exh5
Already adjourned to 16.01.2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Plaintiff present.
KB
LO
Plaintiff present.
Adv. Dheeraj Rathore for plaintiff present.
Adv. Maniyar H/F Adv. A. G. Ladage for defendant No. 1 to 4 present.
He filed registered NM 245/20 t.o.r.
Copy is served upon plaintiff.
Adjourned for reply on NM to 30.01.2020 at 11.00 am.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2020
Date: 30-01-2020
Business: Adv. Dheeraj Rathod for plaintiff present.
Plaintiff present.
Adv. M.H. Maniyaar for defendant No. 1 to 4 present.
Plaintiff filed reply to Nm 245/20 t.o.r.
Copy given to defendants.
Adv. for defendant sought adjournment.
O- Granted.
Adjourned for NM hearing to 4.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Adv Dheeraj Rathod for plff present.
Adv Ladge for deft no. 1 to 4 present.
Heard both parties on NM 245/20.
Adv for filed citation of The Apex Court in support of his contention. Adv for deft seeks time to cite citation in rebuttal of citation of the plff.
Matter stands Adj for hearing to 07/02/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020
Date: 07-02-2020
Business: Adv Deeraj Rathod for plff present.
Adv M. H. Maniyar for deft no. 1 to 4 present.
Exh 05 - He filed application for grant of time to file citation in rebuttal of citation of plff on the point of limitation to file WS. Granted as last chance.
Matter stands Adj for compliance to 12/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2020
Date: 12-02-2020
Business: Adv Dheeraj Rathore for plff present.
Adv Maniyar for deft no. 1 to 4 present.
He submitted that he do not want to file citation in rebuttal of citation of plff on the point of limitation to file WS.
He not pressed the NM 245/2020. Hence, NM is disposed of as withdrawn.
Suit to proceed without WS of defts.
Matter stands Adj for recording evidence of plff to 21/02/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Plff present.
Adv Dheeraj Rathore for plff present.
He filed application for production of document along-with list of documents. t.o.r. marked as Exh. 06.
He is directed to serve copy of Exh. 06 on deft.
Matter stands Adj for compliance to 29/02/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Dhiraj Rathore for plaintiff is present.
He submitted that copy of Exh.6 is served to advocate for defendant nos.1 to 4.
Adv. for defendant nos.1 to 4 absent.
Matter stands Adj for reply on Exh.6 on 06.03.2020.
Next Purpose: REPLY
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Plff and its Adv absent.
Adv for deft no. 1 to 4 absent.
Reply not filed by defts on Exh. 06. Hence production of document at Exh. 06 is allowed.
Matter stands Adj for recording evidence of plff to 28/03/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2020
Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 19.10.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-10-2020
Date: 31-10-2020
Business: COURT IS ON LEAVE
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 01/12/2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Advocate for plaintiff absent.
Advocate for defendant absent.
Matter adjd to 21.12.2020 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 11.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv.Dheraj Rathore for plaintiff present.
None present for defendant.
Plaintiff to file statement of truth.
Matter adjd to 21.01.2021 for Statement of truth.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv. Dheeraj Rathore for plaintiff present.
None for defendant present.
Adv. for plaintiff filed statement of truth t.o.r. O. filed.
Matter adjd to 05-02-2021 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv.Mr.Dheeraj Rathod for plaintiff present.
Adv.Mr.Jayesh Rathod for defendant nos.1 to 4 present.
Matter adjd to 15.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-02-2021
Date: 15-02-2021
Business: Adv.Dheeraj K. S. Rathore for plaintiff present.
Adv. Jayesh Rathod for defendant present.
Adv. for defendant filed VP t.o.r. marked as Exh.8
Order bellow Exh. 4
The documents annexed with list are Exhibited formally. The evidentiary value of the documents will be consider at the time of final arguments.
Tru Copy of POA dated 16th January 2013 Exh. 9
Office Copy of invoice no. 11489 dated 11th June 2014 for amount of Rs. 5,20,008/- Exh. 10
Copy of acknowledgement of delivery of goods to the Defendant by the Broker Mr. Pawanji Darak. Exh. 11
Two Original cheque Nos. 202338 & 010157 for Rs. 65,000/- each, both drawn on Dena Bank,Bhiwandi Branch. Exh. 12 (Colly)
Copies of cheque nos. 010156, 202336, 202337, 202339, 202341 & 202340 for amt of Rs. 65,000/- each drawn on Dena Bank, Bhiwandi Branch. Exh. 13 (Colly)
Copies of Six cheque dishonoured memos of plaintiff bank all dated 26th November 2015 for cheque nos. 010156, 202336, 202337, 202339, 202341 and 202340. Exh. 14 (Colly)
Office Copy of Plaintiff demand notice dated 22nd December 2015. Exh. 15
Copies of three postal receipt dated 22nd December 2015 vide nos. RM138908685IN, RM138908699IN and RM138908835IN. Exh. 16 (Colly)
Copies of three returned Postal AD cards. Exh. 17 (Colly)
Original Reply of Defendant Advocate reply dated 06/01/2016 along with its envelope. Exh 18
Original Ledger statement of the Defendant no. 1 Firm till 31/12/2018. Exh. 19
Office copy of plaintiff Advocate Notice dated 30/11/2018 issued to the Defendant. Exh. 20
Original of Four Postal receipts all dated 01/12/2018 Exh. 21 (Colly)
Originals of four returned Postal A/D Cards duly signed. Exh. 22 (Colly)
Matter adjd to 08.03.2021 for evidence and filing of original power of attorney.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Plaintiff present.
Adv.Dheeraj Rathore for plaintiff present.
Adv.Jayesh Rathore for defendant present.
Application for production of documents, Exh.23 filed by Adv. of plaintiff t.o.r. O-Production of documents allowed.
List of documents, Exh.24 t.o.r. O-filed.
Matter adjd to 19.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021
Date: 19-03-2021
Business: Plaintiff absent.
Defendant present.
Adv.for plaintiff present.
Adv.Jayesh Rathod for defendant present.
KB.
Plaintiff present.
Adv.Dheerj Rathod for plaintiff present.
Adv. for plaintiff filed application for permission to file additional Evidence marked as Exh.25.
He filed affidavit of additional evidence. O-\''Put up order\''
Matter adjd to 09.04.2021 for argument on Exh.25.
LO at 11.45p.m.
Adv for defendant Jayesh Rathod filed draft N/M alongwith affidavit in support. t.o.r. O-Leave granted to register the NM.
Defendant to serve the copy of notice of motion prior to next date.
Already matter adjd to 09.04.2021 for argument on Exh.25.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2021
Date: 09-04-2021
Business: None present for plaintiff.
Adv. Jayesh Rathod for defendants present.
Notice of Motion No.1009/2021 tendered by Adv. for defendants.
K.B.
L.O. at 11.20 am
Adv. Dheeraj Rathod for plaintiff present.
Say filed by plaintiff t.o.r marked as Exh.26
Matter adjd to 07.06.2021 for argument on Exh.25 and NM No.1009/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for argument on Exh.25 and NM No.1009/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-06-2021
Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 29.6.2021 for Arg.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 29-06-2021
Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 01.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 07.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 20.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: None present
Matter adjd on 29.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 03.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-08-2021
Date: 03-08-2021
Business: None present for Plaintiff.
None present for defendant.
Adjd. for NM arguments to 20/8/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: None present for plaintiff.
Adv.Vaibhav Kamble h/f.Adv.Rathod for defendant present.
KB
LO at 11.57 am
Adv.Dheeraj Rathore for plaintiff present.
KB
LO at 01.44 pm
Adv.Vaibhav Kamble h/f.Adv.Rathod for defendant present and filed adjournment application, Exh.27 t.o.r. O-Time granted as last chance.
Matter adjd to 08.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv. Dheeraj Rathore for plaintiff present.
Adv. Jayesh Rathod for defendant present.
Heard both sides on N.M.No.1009/2021.
Defendant has not press prayer clause(a) and (b) of NM.No.1009/21. Endorsement to that effect is made on Notice of Motion.
K.B.
L.O. at 5.00 p.m.
As Court is busy in hearing argument on NM No.1547/2021. Hence, Matter adjd to 08.10.2021 for order on NM No.1009/21.
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: None present for plaintiff.
Adv.Jayesh Rathod for defendant present. He submits that defendant No.2-Sayeed Ahmed Abdul Rauf has expired on 27.05.2021 and the defendants\'' advocate has informed the plaintiff by e-mail. Plaintiff to take note.
Matter adjd to 18.10.2021 for order on NM and steps by plaintiff.
Next Purpose: NM ORDERS
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: As on 18-11-2021 holiday declar
Next Purpose: NM ORDERS
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Plaintiff present. His Adv.absent.
Adv.Jayesh Rathod for defendants present.
KB
LO at 01.13 pm,
When the matter is taken for order on NM No.1009/2021, it is noticed that on 22.10.2019, there is order to proceed suit ex-parte. NM No.245/2020 has been withdrawn. Thereafter, NM No.1009/2021 has been filed. Hence, the defendants to make submissions regarding order to proceed suit ex-parte.
Matter adjd to 08.12.2021 for order and submission regarding ex-parte order already passed.
Next Purpose: NM ORDERS
Next Hearing Date: 08-12-2021
Date: 08-12-2021
Business: None present for plaintiff.
Adv.Jayesh Rathod for defendants present. He wants to file NM.
Matter adjd to 11.01.2022 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Business: None present for plaintiff.
Adv.Jayesh Rathod for defendants present.
The plaintiff was intending to file NM and due to present SOP dated 06.01.2022, adjd for order on NM 1009/21 and filing of new NM by the plaintiff on 01.02.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present for plaintiff.
Adv.Jayesh Rathod for defendant present.
Read the roznama dated 08.12.2021 and 11.01.2022. Defendant was required to file notice of motion, hence, in roznama dated 11.01.2022 it be read accordingly.
In view of SOP dated 06.01.2022, matter adjd to 22.02.2022 for filing NM by deft.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff.
Adv.Jayesh Rathod for defendant present.
Adv.of defendants filed draft notice of motion (setting aside order dated 22.10.2019) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Matter adjd to 17.03.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
Adv. Mr. Vaibhav Kamble present for defendant Nos. 1 to 4.
Advocate for the defendant Nos. 1 to 4 tendered registered N/M No.951/2022 along with affidavit in support. t.o.r.
Matter adjd to 31.03.2022 for reply in NM No.951/22 and service affidavit therein by the defendants.
Next Purpose: REPLY
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Mr.Bhupendra Jayantilal Jain, CA of plaintiff present.
None present for defendant.
The plaintiffs CA orally informed that copy of NM has been received to the plaintiff yesterday. He seeks time for filing reply.
Matter adjd to 13.04.2022 for Reply.
Next Purpose: REPLY
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Mr.Bhupendra Jain, CA of plaintiff present.
Adv.Dheeraj Rathore for plaintiff present.
Adv.Vaibhav Kamble h/f.Adv.Jayesh Rathod for all defendants present.
The plaintiff filed reply in NM No.951/2022 t.o.r. and marked as Exh.28. Copy is received by the defendant.
Plaintiff filed application for withdrawal of suit against deceased defendant No.2 t.o.r. and marked as Exh.29.
O-Otherside to say.
Matter adjd to 30.04.2022 for argument in NM 951/22, Order in NM 1009/21, say on Exh.29.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: ARGUMENTS
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: Plff present.
Ld Adv. Mr. Vaibhav Kamble present for deft’s.
Adv for deft filed application for adj. - Other side to say.
KB.
LO at 1.05 pm.
Adv of plff Dheeraj Rathore present.
Adv of deft Vaibhav Kamble present.
Adv of plff has given say on adjournment application (Exh.30). Heard both side on application Exh.30.
Deft has filed medical papers about his ill health on record. It seems that the circumstance is beyond his control. Hence adj. Granted as a last chance.
Adj. For argument on NM 951/2022 and 1009/2021 for say on Ex.29 on 18/07/2022.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Dheeraj Rathore Present for Plff.
Adv. A. N. Patil Present for Deft no.1,3,4 .
Heard argument of NM 1009/21, 951/22 of adv of both parties
Adj. For Order on NM 1009/21, NM 951/22 on 22/07/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Plff present.
KB order.
F.R.S.R. Following order passed in Notice of Motion No.1009 of 2021 and Notice of Motion No.951 of 2022 allowed as under.
1. Defendant Nos.1, 3 and 4 are allowed to participate in this proceeding.
2. Defendant Nos.1, 3 and 4 are allowed to take cross-examination of witness of plaintiff subject to the condition mentioned in aforesaid case law of Modula India.
3. Defendant Nos.1, 3 and 4 are allowed to take inspection of the proceeding and allowed for final arguments.
Adj. For Hearing on Ex.25 on 08/08/2022.
Next Purpose: HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Dheeraj Rathore Present for Plff.
POA of plff present.
None Present for Deft.
Ex.31 - Adv of plff filed application for return of original document Power of attorney.
Order- Original power of attorney be returned and its copy be kept on record.
Adv of plff contended that deft no.2 expired on 20/04/2021.
Adj. For Hearing on Ex.25 and for Lrs of deft no.2 on 24/08/2022.
Next Purpose: HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: None Present for Plff.
Adv. Vaibhav Kamble I/b Jayesh Rathod Present for Deft.
KB LO 12.35.
Adv. Dheeraj Rathore Present for Plff.
Heard argument on Ex.25 of adv of both parties.
Adj. For Order on Ex.25 on 08/09/2022.
Next Purpose: ORDER
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: None Present for Plff.
Adv. Vaibhav Kamble Present for Deft.
Adv of deft seeks time for hearing on Ex.25 and 29. adj. Granted.
Adj. For Hearing on Ex.25 and Ex.29 on 28/09/2022.
Next Purpose: HEARING
Next Hearing Date: 28-09-2022
Date: 28-09-2022
Business: None Present for Plff.
Adv. Jayesh Rathod Present for Defts
Adv of defts seek time for hearing on Ex.25 and 29. granted as last chance.
Adj. for Hearing on Ex.25 and 29 by deft on 12/10/2022.
Next Purpose: HEARING
Next Hearing Date: 12-10-2022
Date: 12-10-2022
Business: None Present for Plff.
Adv. Jayesh Rathod Present for Deft.
Adv of deft contended that compromise talk going on between the parties. Hence matter be adjourn. Granted.
Adv of deft contended that he has not received copy of the application Ex.25. Plff be served copy of Ex.25 to the deft.
Adj. For Hearing on Ex.25,29 on 11/11/2022.
Next Purpose: HEARING
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: None Present for Plff.
Adv. Vaibhav Kamble Present for Deft.
Adv of deft contended that the settlement talk going on between the parties.
Adj. For Hearing on Ex.25 and 29 on 03/12/2022.
Next Purpose: HEARING
Next Hearing Date: 03-12-2022
Date: 03-12-2022
Business: Adv. Dheeraj Rathore Present for Plff.
Adv. Vaibhav Kamble Present for Deft.
Adv of both parties contended that compromise talk is going on between the parties. Hence adj. Granted.
Adj. For Hearing on Ex.25 and 29 on 10/01/2023.
Next Purpose: HEARING
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: None for plaintiff.
Adv. Jayesh Rathod for defendant present.
As per roznama dated 24.08.2022 argument of both parties heard on Exh.25.
Case is adjd on order Exh.25 to 27.01.2023.
Next Purpose: ORDER
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: Court is on leave. Hence adj.
Next Purpose: ORDER
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: None present for both the parties.
KB on order on Exh.25.
LO at 4.10 p.m.
FRSR order passed on Exh.25
ORDER
Application Exh.25 is rejected.
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Application Exh.29 was filed by plaintiff for withdrawing suit against defendant No.2 as he died. Hence, application Exh.29 is allowed and plaintiff is allowed to withdraw suit against defendant No.2.
Case adjourned for evidence without written statement to 21/02/2023.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: None present.
KB LO 2.50pm.
None present.
Adj. For Evidence without WS on 20/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-03-2023
Date: 20-03-2023
Business: None present for plaintiff.
Adv. Vaibhav Kamble h/f Adv. Jayesh Rathod for defendant present.
KB Lo at 12.40 p.m.
Adv. Dheeraj Rathod for plaintiff present and contended that he has no instruction from plaintiff.
Adv. Vaibhav Kamble h/f Adv. Jayesh Rathod for defendant present.
Case adjd for dismissal order to 15.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: None present.
Case is for evidence without WS. As plff has not adduced evidence case is fixed dismissal order. However today also plaintiff remained absent. Hence suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 15-04-2023Additional Case Details
Additional Case Details
Filing Number: 104256/2019 Filing Date: 08-04-2019 First Hearing Date: 10th July 2019 Decision Date: 15th April 2023 Court Number And Judge: 32-COURT 32 ADDL SESSIONS JUDGE
Orders
3Final Order 215 Apr 2023
15 Apr 2023
Order Details: Other Pdf Text: 15.04.2023 02 Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32) Comm SU 18/19 None present. Case is for evidence without WS. As plff has not adduced evidence case is fixed dismissal order. However today also plaintiff remained absent. Hence suit stands dismissed for want of prosecution. Judge -- 1 of 1 --
Interim Order 1Full order available
06 Feb 2023
Order 1Full order available
06 Feb 2023
Order Details: Order below exhibit Pdf Text: 1 Order below Exh. 25 in Comm. Suit 18/2019 MHCC010057122019 IN THE CITY CIVIL COURT AT MUMBAI. (Court Room No.32) ORDER BELOW EXH.25 IN COMMERCIAL SUIT No.18 of 2019 Mr. Bhupendra Jayantilal Jain …PLAINTIFF VERSUS M/s SRP Textile (partnership firm) & others …DEFENDANTS Shri Dheeraj Rathore, learned advocate for plaintiff Shri Vaibhav Kamble h/f. Shri Jayesh Rathod, learned advocates for defendants CORAM : JUDGE SHRI. N.P. TRIBHUWAN O R D E R (Delivered…
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