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Commercial Suit

Refinitiv India Private LimitedVsPaisalo Digital Limited

CNR MHCC01006144202032-COURT 32 ADD. SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th March 2022

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100074/2021
Registration Date
04 Mar 2021

Advocates

2

For Respondent

Parties

2

Acts & Sections

1
Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts Act, 201 · Sec 18 · 2 (c)

Case History / Proceedings

Case History
Date: 03-04-2021
Business: Adv.Charushila More for plaintiff present.
None present for defendant.
The plaintiff had filed the affidavit of service of writ of summons, Exh.2 t.o.r. The defendent is served on 15.03.2021.
Matter adjd to 15.04.2021 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions  Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 03.5.2021 for  apperance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Adv.Charushila More for plaintiff present.
None present for defendant.
Matter adjd to 05.07.2021 for order against defendant for non appearance.
Next Purpose: ORDER
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 04.08.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 12.10 p.m.
Adv.Charushila More i/b Dholakia Law Associates for plaintiff present.
None present for defendant.
      Today the case is fixed for passing ex-parte order against the defendant.  Perused the affidavit of service filed at Exh.02. Exh.\''A\'' and \''B\'' annexed to the affidavit of service are the acknowledgements due card.  It bears signature of the defendant\''s representative about receipt of summons served by R.P.A.D.  It appears that summons have been served on the registered address of defendant at New Delhi and address of the defendant at Mumbai. This being the first date after resuming the normal court work, adjourned to 09.08.2021 for passing ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: PO is on Leave.
Next Purpose: ORDER
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.19 pm
Adv.Charushila More i/b.Dholakia Law Associates for plaintiff present.
    Read the roznama dated 04.08.2021 which speaks about the service of suit summons on defendant. The defendant remained absent. Suit to proceed ex-parte against the defendant.
      The plaintiff submits that the defendants advocate approached for settlement talks but never turned again. After reading the pleadings it is noticed that the dispute can be compromised, hence, keep in Lok-adalat.
Matter adjd to 25.09.2021 for Lok-adalat.
Next Purpose: SETTLEMENT
Next Hearing Date: 25-09-2021

Date: 25-09-2021
Business: Adv. Charushila More For plff present.
Defendant is present.
Matter Adjd to 29/09/2021.
Next Purpose: FOR___________________
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv.Charushila More i/b.Dholakia Law Associates for plaintiff present.
Adv.Ramesh Jain for defendant present. He undertakes to file vakalatnama and to take steps regarding ex-parte order.
Matter adjd to 12.11.2021 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.29 pm,
Adv.Charushila More i/b.Dholakia Law Associates for plaintiff present.
On oral request of plaintiff adjd for ex-parte evidence of plaintiff on 09.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: BY PRECIPEE (N.O.B.T.O.B)
Adv.Charushila More i/b.Dholakia Law Associates for plaintiff present and filed application, Exh.3 for taking matter on today\''s board. O-Allowed.
Adv. Of plaintiff filed affidavit of evidence of PW-1, Mr.Yogesh Gadkari. It is read and recorded and marked as Exh.4.
Plaintiff filed list of documents, Exh.5 t.o.r.
Matter already adjd to 16.12.2021 for marking of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Wrongly on today\''s board.
Already adjourned to 06.01.2022.
Next Purpose: FOR___________________
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv.Charushila More i/b Dholakia Law Associates for plaintiff present.
None present for defendant.
Heard the Adv.for plaintiff.
KB for order of marking of documents.
LO at 4.25 p.m.
               ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr.No.1 is Thomson Reuters Master Terms and and original order form (page No.1-11). Read the contents of para No.4 of the affidavit of evidence. The document is marked as Exh.7.
2. The document at Sr.No.2 printout of e-mail (page No.12). Read the contents of para No.6 of the affidavit of evidence and certificate u/S 65-B. The document is marked as Exh.8.
3. The document at Sr.No.11 is the certificate u/S 65-B of Evidence Act. It is marked as Exh.9.
4. The document at Sr.No.3 is printout of e-mail sent by the plaintiff to the defendant (page No.13). Read the contents of para No.8 of the affidavit of evidence. The document is marked as Exh.10.
5. The document at Sr.No.4 is printout of notice of breach of contract (page No.14). Read the contents of para No.9 of the affidavit of evidence. The document is marked as Exh.11.
6. The document at Sr.No.5 is office copy of legal notice dated 14.05.2017 of plaintiff\''s Advocate alongwith postal booking receipts and acknowledgment card (page No.18-23). Read the contents of para No.12 of the affidavit of evidence. The document is marked as Exh.12 colly.
7. The document at Sr.No.6 is the reply sent by the defendant to the plaintiff (page No.19-122. Read the contents of para No.13 of the affidavit of evidence. The document is marked as Exh.13.
8. The document at Sr.No.7 is the office copy of re-joinder letter of the plaintiff. Read the contents of para No.14 of affidavit of evidence. It is marked as Exh.14.
9. The document at Sr.No.8 is sur rejoinder of the defendant (page No.30-32). Read the contents of para No.15 of the affidavit of evidence. These documents are marked as Exh.15 .
10. The document at Sr.No.9 is particulars of claim. It is marked as Exh.16
11. The document at Sr.No.10 is the copies of invoices (page No.34-45). Read the contents of para No.16 of the affidavit of evidence. These documents are marked as Exh.17 colly.
12. The document at Sr.No.12 is the copy of board resolution. It is marked as Exh.18.
Matter is adjd to 18.01.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: Adv.Charushila More i/b. Dholakia Law Associates for plaintiff present.
None present for defendant.
Heard argument of plaintiff.
In view of SOP dated 06.01.2022, matter adjd to 29.01.2022 for citation/judgment.
Next Purpose: CIATATION
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.05 pm,
Mr.Mandar Chinchwadkar for defendant present. He orally submits that yesterday there was discussion with the plaintiff for settlement. He requested time for settlement talks. Adv. Ramesh Jain is also present for the defendant.
Matter adjd to 07.02.2022 for judgment/settlement.
Next Purpose: JUDGMENT
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per circular dated 27/2022 holiday declared.
Next Purpose: JUDGMENT
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv.Charushila More i/b.Dholakia Law Associates for plaintiff present.
None present for defendant.
In view of settlement, the plaintiff wants to withdraw the suit on next date. Not interested for lok-adalat.
Matter adjd to 16.03.2022 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Charushila More alongwith plaintiff\''s representative Yogesh Gadkari are present.
None present for defendant.
The plaintiff filed application for withdrawal of suit. t.o.r. and marked as exh.19.
ORDER BELOW EXHIBIT-19
Read the application. Heard the plaintiff and his advocate. The plaintiff wants to withdraw this suit unconditionally as the disput is settled between the parties. Hence, I pass the following order.
ORDER
1. Application exhibit-19 is allowed.
2. Plaintiff is allowed to withdrawn this suit unconditionally.
3. I proceed to pass order below exhibit-1.
    ORDER BELOW EXHIBIT-1
Read the application exhibit-19 and today\''s order passed thereon.
The plaintiff is allowed to withdraw this suit unconditionally. Hence, I pass the following order.
ORDER
1.Suit is dismissed as withdrawn.
2.The plaintiff is entitled for refund of Court fees. It be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 16-03-2022

Additional Case Details

Additional Case Details
Filing Number: 106375/2020
Filing Date: 18-12-2020
First Hearing Date: 03rd April 2021
Decision Date: 16th March 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
16 Mar 2022
Order Details: Other
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :Commercial Suit/0100074/2021
Refinitiv India Private Limited Vs Paisalo Digital Limited
Date : 16032022
Business : Adv. Charushila More alongwith plaintiff&amp#039s
representative Yogesh Gadkari are present. None present
for defendant. The plaintiff filed application for withdrawal
of suit. t.o.r. and marked as exh.19. ORDER BELOW
EXHIBIT19 Read the application. Heard the plaintiff and
his advocate. The plaintiff wants to withdraw this suit
unconditionally as the disput is settled between the parties.
Hence, I pass the following order. ORDER 1. Application
exhibit19 is allowed. 2. Plaintiff is allowed to withdrawn
this suit unconditionally. 3. I proceed to pass order below
exhibit1. ORDER BELOW EXHIBIT1 Read the
application exhibit19 and today&amp#039s order
passed thereon. The plaintiff is allowed to withdraw this
suit unconditionally. Hence, I pass the following order.
ORDER 1.Suit is dismissed as withdrawn. 2.The plaintiff is
entitled for refund of Court fees. It be refunded as per rules.
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