Order Details: Copy of Judgment Pdf Text: 1 MHCC010066462018 Presented on : 04-06-2018 Registered on : 19-06-2018 Decided on : 03-02-2023 Duration : 4 years, 7 months, 29 days BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.682 OF 2021 (SUMMARY SUIT NO.646 OF 2018) Hitesh Khemchand Bhansali, Aged 38 years ] Proprietor of M/s. Kamal Impex Fitting, ] Having office at Shop No.G18, 89/91, ] Durgadevi Street, Mumbai400 004.…
Commercial Suit
Hitesh Khemchand BhansaliVsIndotech Industrial Solutions Pvt Ltd
CNR MHCC01006646201817-COURT 17 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 03rd February 2023
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 100682/2021
- Registration Date
- 19 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order37 · Rule2
Case History / Proceedings
Case History
Date: 13-08-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 15/11/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 15-11-2018
Date: 15-11-2018
Business: Adv. Shobhawat for Plaintiff present.
Adv. Singhania for Defendant present and filed vakalatnama, TOR.
Advocate for defendant has also filed application for condonation of delay.
Order Otherside to say.
Advocate for plaintiff has given no objection hence the delay cause in filing the vakalatnama by the pleader of defendant is hereby condoned.
Matter is adjd. to 17/12/2018 for Steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: None for Plaintiff
None for Defendant
Matter is adjd. to 05/02/2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Business: Adv. Shobhawat for Plaintiff present.
Adv. Manoj Singhania for Defendant present.
With the consent of both the parties,
Matter is adjd. to 08/03/2019 for S/J hearing.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-03-2019
Date: 08-03-2019
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 22/04/2019 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Adv for plaintiff Mr.Shobhavat present
Adv for deft Mr.Singhania present
Matter is Adjd for S/J Hearing to 12/07/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-07-2019
Date: 12-07-2019
Business: Adv. Ajit Shobhavat for plaintiff present.
None present for defendant.
Reply to leave to defend filed by plaintiff. t.o.r.
Copy be served to O.S.
Adjd. for hearing on SJ to 06.08.2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: P.O. is on training.
Adjd to 18/9/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: P.O. is on leave. Adjd to 04/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-10-2019
Date: 04-10-2019
Business: Adv. B.S. Patil for plaintiff present.
None for deft.
Adjd .to 11.12.2019 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-11-2019
Date: 11-11-2019
Business: Adv. Shobhawat for plaintiff.
None for defendant.
KB
LO At 12.45 p.m.
Adv. for plaintiff requested for adjournment. O-Granted.
Adv.20.11.2019 for filing registered SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-11-2019
Date: 20-11-2019
Business: None for plff.
Adv. Singhania for deft. Present.
Adjd. to 11.12.2019 for SJ.
LO
Adv. Shobhavat for plff present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: None present for the plff.
Adv. Sighaniya present for the Deft.
Registered SJ not tendered by plff.
Adj. For Hearing on 10/02/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv Shubhawat for plff present.
Adv Singhaniya for deft present.
The adv for plff submitted that original of the registered SJ is not traceable. He submitted to accept on record photo copy of registered SJ. The deft advocate Singhaniya has no objection to accept on record the photo copy of registered SJ. Hence the photo copy of registered SJ is accepted on record as the original is not traceable. The matter to proceed.
KB. for SJ hearing. L.O. at 1.37 pm
Adv for deft filed list along with citation t.o.r.
Heard argument on behalf of defendant.
Adj to 13-03-2020 for argument on behalf of plaintiff
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-03-2020
Date: 13-03-2020
Business: Adv. Ajit for plaintiff
Adv. Singhania for defendant.
Adjd for arguments on 28-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 28-03-2020
Date: 28-03-2020
Next Purpose: ARGUMENTS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 11-06-2020
Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2020
Date: 09-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Shubhawat for plaintiff.
Adv. Singhaniya for defendant.
Heard both parties on Summons for Judgment.
Adjd for SJ Order to 09-02-2021
Next Purpose: ORDER
Next Hearing Date: 09-02-2021
Date: 09-02-2021
Business: None present
The arguments on Summons for Judgment on behalf of both the parties have already been heard. One of the objections raised on behalf of the deft is that the original documents have not been filed by the plaintiff. In order to appreciate the contentions properly particularly when objection has been taken on behalf of the deft that the originals have not been filed, it is just and proper to have the original documents on record. Hence, the plaintiff is directed to produce the original documents of the copies filed below list Exh.11, whichever are in the possession or power of the plaintiff.
Adjd for compliance to 02-03-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Shobhawat for plaintiff filed
List of documents @ original document Exh.5
None for defendant.
Adjd to 25-03-2021
LO at 12.08pm
Adv. Patil for defendant. Copy of Exh.5 is served. Defendant to file say.
Next Purpose: REPLY
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Shobhawat for plaintiff
Adv. Patil for defendant
On the request of defendant adjd as last chance for filing of reply on the list Exh.5, Adjd for reply to 03-04-2021
Next Purpose: REPLY
Next Hearing Date: 03-04-2021
Date: 03-04-2021
Business: Adv. Vandana for defendant filed reply to SJ.
Adjd to 30-06-2021
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 10.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2021
Date: 10-08-2021
Business: Adv. Ajit Shobhavat for plaintiff present.
None for deft.
On oral request of Adv. For plaintiff, the matter is adjd for hearing on S/J to 26.08.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Ajit Shobhawat for plaintiff present. He submitted that he received message from advocate for deft. that due to personal difficulty, defendant\''s advocate would not be able to attend the Court for hearing. He prayed for date. Time as prayed for is granted.
The matter is adjd for hearing on S/J to 29.09.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Adv. Ajit Shobhawat for plaintiff present.
Adv. M.V. Singhania for deft. present.
Heard arguments of both the sides on S/J No.11/19.
The matter is adjd for order on S/J No.11/19 to 06.10.2021.
Next Purpose: ORDER
Next Hearing Date: 06-10-2021
Date: 06-10-2021
Business: Adv. Ajit Shobhawat for plaintiff present.
None for deft.
F.R.S.R. following order is passed below S/J No.11/19 -
ORDER
1. Unconditional leave to defend the suit is granted to defendant.
2. Defendant shall file Written Statement within 30 days from today.
3. No order as to costs.
4. Summons for Judgment No.11 of 2019 is disposed of accordingly.
The matter is adjd for written statement to 10.11.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31)
( Matter pertains to C. R. NO. 14 )
Adv. I.S. Hasmani for deft. present and filed application for taking the matter on board t.o.r. and marked as Exh.6
Considering order on S/J and the fact that period for filing written statement expired during diwali holidays, written statement can be accepted on opening day after diwali holidays. Hence, application 6 is allowed.
He file on record written statement t.o.r. and marked as Exh. 7
Matter is already adjd.to 10-11-2021 for steps.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: P.O. is on Leave. Matter is Adjourned to 29-11-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: None present.
The matter is adjd for inspection of documents and admission/denial to 23.12.2021.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Shobhavat for plaintiff present.
None for deft.
Exh.8 - Issues settled.
As per Order XV-A Rule 7 of C.P.C., case management hearing cannot be adjourned for the sole reason of absence of advocate appearing for the parties. Therefore, for the absence of Adv. For defendant, case management hearing cannot be adjourned.
Heard Adv. For plaintiff on case management hearing.
Issues are settled today. Considering the nature of suit, issues of facts and law involved in suit and reliefs claimed in the suit, following order regarding case management hearing is passed.
ORDER
1. Parties are directed to submit list of witnesses within 15 days.
2. After submitting list of witnesses, parties are directed to file affidavits of evidence of all the witnesses within 30 days.
3. After submitting evidence affidavits, cross examination of plaintiff and plaintiff\''s witnesses shall be completed within 45 days and thereafter, cross examination of defendant and defendant\''s witnesses shall be completed within next 45 days.
4. After conclusion of evidence, parties shall conclude their arguments within two weeks.
5. Both the parties to note that if they fail to comply with this order of case management hearing, consequences of non-compliance of order provided in Order XV-A Rule (8) will follow.
The matter is adjd for filing list of witnesses to 18.01.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for evidence to 04.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for recording evidence to 07.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-03-2022
Date: 07-03-2022
Business: Adv. Shobhavat for plaintiff present.
Exh.9 - Adv. For plaintiff filed affidavit of evidence of PW-1 Hitesh Bhansali. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.10 - List of documents. T.O.R.
The matter is adjd for evidence to 24.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-03-2022
Date: 24-03-2022
Business: Adv. Ajit Shobhavat for plaintiff present. Plaintiff present.
Adv. Manoj Singhania for deft. present.
Representative of deft. present.
Adv. For plaintiff tendered certificate u/s.65-B of Evidence Act. T.O.R.
Copies of evidence affidavit, documents filed along with list (Exh.10) and certificate u/s.65-B of Evidence Act are supplied to adv. For deft.
Exh.11 - Adv. For plaintiff filed application seeking leave of the Court for producing documents.
O. - Other side to say.
Copy of Exh.11 is served to Adv. For deft.
The matter is adjd for reply on Exh.11 to 31.03.2022.
Next Purpose: REPLY
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
Adv. Manoj Singhania for deft. present.
Exh.12 - Adv. For deft. tendered reply to list of documents (Exh.10) and application (Exh.11). T.O.R.
Exh.13 - Adv. For deft. tendered application under Order 14 Rule 2 of C.P.C.
O. - Other side to say.
Adv. For plaintiff submits that plaintiff will not file say to this application and argue this application on merits.
Adv. For deft. tendered evidence affidavit of DW-1 Hemlata Bhausaheb Janjire. T.O.R.
Copies of above all documents are supplied to Adv. For plaintiff.
Adv. For deft. submits that defendant does not want to file any document.
Heard both sides on application (Exh.11) and Exh.13.
The matter is adjd for order on Exh.11 and Exh.13 to 06.04.2022.
Next Purpose: ORDER
Next Hearing Date: 06-04-2022
Date: 06-04-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
None for deft.
ORDER BELOW EXH.13
Perused the application. Defendant submits that plaintiff relied upon purchase order dated 08.09.2017 wherein it is mentioned as \''All the matters will be resolved within Pune jurisdiction only\''. As per this term of the purchase order, Court situated at Pune would be having territorial jurisdiction to try the suit. This Court would not be having jurisdiction to try the suit. By making these submissions, defendant prayed to frame issue of territorial jurisdiction as preliminary issue as per Order 14 Rule 2 of C.P.C.
Plaintiff relied upon purchase order dated 08.09.2017, but, he failed to file it along with plaint. Plaintiff has filed said purchase order along with list of documents (Exh.10). Deft. has already submitted its written statement at Exh.7 on 08.11.2021. Deft. has not pleaded that this Court has no territorial jurisdiction to try the suit in written statement (Exh.7). Therefore, issue regarding territorial jurisdiction is not settled. As per Order 14 Rule 1(3) of C.P.C., each material proposition affirmed by one party and denied by the other shall form the subject of a distinct issue. Deft. has not denied territorial jurisdiction of this Court. Therefore, this Court has not settled the issue regarding territorial jurisdiction to try the suit.
Order 14 Rule 2 of C.P.C. provides that where issues of law and fact arise in the same suit and suit may be disposed of on an issue of law only, Court may try that issue first, if that issue relates to the jurisdiction of the Court or a bar to the suit created by any law for the time being in force.
As stated above, this Court has not framed issue of territorial jurisdiction as per Order 14 Rule 1 of C.P.C. Issue of territorial jurisdiction is not an issue of law. Therefore, issue of territorial jurisdiction cannot be framed as a preliminary issue under Order 14 Rule 2 of C.P.C. Accordingly, application (Exh.13) is rejected.
ORDER BELOW EXH.11
This application is taken out by plaintiff praying for leave of the Court for production of documents filed along with list (Exh.10). It is submitted on behalf of plaintiff that certain documents such as cheque dated 27.01.2018 issued by deft. and cheque return memo dated 24.04.2018 could not be filed along with the plaint as those documents were not traceable. While preparing the case for evidence, those documents were found. Plaintiff is seeking leave of this Court for production of documents filed along with list (Exh.10).
Deft., by filing reply at Exh.12, strongly resisted the application. It is submitted that while hearing the application for summons for judgment, this Court has specifically directed plaintiff to file original documents which are in his possession. However, plaintiff failed to file original documents except one receipt of Kranti Transport. If plaintiff was in possession of documents filed along with list (Exh.10), he ought to have filed it on record when Court has specifically directed him to do so. Documents filed on record are bogus and fabricated.
Deft. further submits that plaintiff has filed list of documents along with the suit. In said list of documents, documents such as purchase order dated 08.09.2017 and delivery challan/receipt are mentioned. However, plaintiff has not filed those documents along with the list at the time for filing the suit. Plaintiff has not pleaded about cheque and cheque return memo. He has also not pleaded about audited balance sheet. Therefore, plaintiff cannot be permitted to lead evidence without pleadings. By making all these submissions, deft. prayed to reject the application.
Considered the submissions advanced on behalf of both sides. Application is mainly opposed on the grounds that there is no justifiable reason for not filing these documents along with plaint and plaintiff has not pleaded about certain documents filed along with list (Exh.10).
On perusal of plaint and list of documents annexed with the plaint, it is clear that plaintiff has mentioned documents such as purchase order dated 08.09.2017 and delivery challan/receipt in the list of documents. However, those documents were not filed along with plaint. Suit is based upon invoices raised against deft. Plaintiff has specifically pleaded about the purchase order dated 08.09.2017. Thus, these are the documents relied by the plaintiff in the plaint and therefore, these documents ought to have been produced by the plaintiff when the plaint was presented.
Plaintiff has also filed on record cheque dated 27.01.2018 and cheque return memo dated 24.04.2018. Plaintiff has not pleaded about these documents. So also, plaintiff\''s case is not based upon dishonor of cheques.
Plaintiff claims that documents filed along with list (Exh.10) were not traceable. Deft. claims that documents filed on record are bogus and forged. This Court has settled the issues and after case management hearing, posted the case for evidence of the parties. Thus, trial is yet to commence. As stated above, deft. claims that documents sought to be produced are false and fabricated. As trial is yet to commence, it is open for the deft. to establish this fact during the course of trial. Deft. is having an opportunity to cross examine plaintiff on the documents sought to be produced on record. As stated above, suit is based upon invoices. Deft. has specifically denied receipt of the goods under the invoices. While deciding application under Order 7 Rule 14 (3) of C.P.C., a very strict, restricted and pedantic view cannot be taken. Ultimately, the Court will have to ensure that all documents, which assist it to resolve the controversy before it, in an efficient manner are available for its perusal. The contention of the deft. regarding fabrication of documents can be considered after giving opportunities of adducing evidence to both the parties. Considering all these aspects, it would be expedient to grant leave to the plaintiff for production of documents filed below list (Exh.10). In the result, following order.
ORDER
1. Application (Exh.11) is allowed.
2. Leave is granted for production of documents filed below list (Exh.10).
3. No order as to costs.
4. Application (Exh.11) is disposed of accordingly.
The matter is adjd for evidence to 27.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: None for plaintiff.
Adv. Manoj Singhania for deft. present.
K.B.
L.O. at 11.40 am.
Adv. Ajit Shobhavat for plaintiff present.
Till 12.45 pm.
Witness is not present today. Plaintiff is directed to keep the witness present on next date for the purposes of marking the documents filed on record and for cross examination.
The matter is adjd for evidence to 13.06.2022.
L.O. at 01.00 pm.
Adv. Manoj Singhania for deft. present.
The matter is already adjd for evidence to 13.06.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None for plaintiff.
Adv. Manoj Singhania for deft. present.
K.B.
L.O. at 12.15 pm.
Adv. Ajit Shobhavat for plaintiff present. Witness present.
Adv. Manoj Singhania for deft. present.
Ld. counsel for defendant Manoj Singhania submits that documents at Sr. Nos.3, 4, 5, 6, 7 and 9 filed along with list (Exh.10) are not pleaded by plaintiff in the plaint. Plaintiff cannot be permitted to lead the evidence without pleading. By making these submissions, Ld. Counsel for defendant prayed to discard plaintiff\''s evidence to the extent of these documents.On perusal of plaint, it is evident that plaintiff has not pleaded about aforesaid documents in the plaint. However, effect of adducing evidence without pleadings can be seen at the appropriate stage. Considering the issue involved in the suit, the documents sought to be relied by the plaintiff cannot be considered as irrelevant. Therefore, these documents cannot be discarded at this stage.From the evidence affidavit of PW-1 Hitesh Bhansali, following documents are proved. Therefore, those are exhibited as under -
Copy of email dated 08.09.2017 along with copies of purchase orders. - Exh.14 Collectively.
Office copies of tax invoices - Exh.15 Collectively.
Copy of email dated 11.09.2017 - Exh.16.
Cheque dated 27.01.2018 - Exh.17.
Cheque return memo - Exh.18
Ledger account - Exh.19 collectively.
Income tax return acknowledgment along with audited balance sheet - Exh.20 Collectively.
Office copy of notice along with postal receipt and acknowledgement - Exh.21 Collectively.
Letter by Kranti Transport dated 18.01.2022 - Exh.22 Collectively.
Certificate u/s.65-B of Evidence Act - Exh.23.
Cross examination of PW-1 is resumed by Adv. Manoj Singhania for deft.
Ld. Counsel for plaintiff submits that he has to attend another Court and prayed for an adjournment. On oral request of Adv. For plaintiff, further cross examination is deferred till next date.
The matter is adjd for further cross examination to 29.06.2022 at 12.00 noon.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
Adv. R.K. Bhanuka for deft. present.
Witness is absent.
Adv. For deft. sought an adjournment for cross examination of PW-1. Adjournment as prayed for is granted.
By consent, the matter is adjd for further cross examination of PW-1 to 15.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Shobhavat for plaintiff present.
Adv. Singhania for defendant present.
Ld. councle for plaff. Prayed for is adj. On the ground of close relative of the witness passed away.
Adjd. is prayed for is granted.
The matter is adjd for R/E to 04-08-2022
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Shobhavat for plaintiff present.
Adv. Singhania for deft. present.
PW-1 HITESH BHANSALI present and his cross examination completed.
Exh. 24 LR copy
The matter is adjd for recording evidence to 19-08-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-08-2022
Date: 19-08-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
None for deft.
Exh.25 - Adv. For plaintiff filed evidence closing pursis. T.O.R.
The matter is adjd for evidence of deft. to 05.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Adv. Ajit Shobhavat for plaintiff present.
None for deft.
The matter is adjd for evidence of deft. to 16.09.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: Adv. Shobhavat for plaintiff present.
Adv. Singhaniya for defendant present.
Witness is present.
Evidence affidavit of DW-1, which is already filed on record, is marked as Exh- 26.
Resolution is marked as Exh- 27.
Cross Examination of DW-1 is completed.
Advocate for defendant tendered Evidence Closing Pursis marked as Exh-28 t.o.r.
The matter is adjd for Argument to 26.09.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-09-2022
Date: 26-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-11-2022
Date: 14-11-2022
Business: As court is vacant
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: The Court is Vacant.
Hence Matter is adjourned.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: (Matter received from Court No.14.)
Adv. Chheda for plaintiff present.
None for deft.
The matter is adjd for arguments to 05.01.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: Adv. Ajit Shobhawat for plaintiff present.
Adv. Ameya Deshpande for defendant present.
By consent, the matter is adjd for arguments to 19.01.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-01-2023
Date: 19-01-2023
Business: Adv. Ajeet Shobhawat for plaintiff present.
None for defendant.
Heard argument of advocate for plaintiff.
The matter is adjd for arguments of defendant to 24.01.2023.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2023
Date: 24-01-2023
Business: Adv. Ajit Shobhawat for the plaintiff present.
Adv. Manoj Singhaniya for the defendant present.
Heard argument of defendant.
The matter is adjd for Judgment to 03.02.2023.
Next Purpose: JUDGMENT
Next Hearing Date: 03-02-2023
Date: 03-02-2023
Business: None present.
Judgment dictated and pronounce in open Court.
F.R.S.R. the following order is passed.
ORDER
1. Suit is partly decreed with costs.
2. Defendant shall pay an amount of Rs.5,58,054/-(Rs.Five Lacs Fifty Eight Thousand and Fifty Four only) to the plaintiff along with interest at the rate of 12 percent p.a. from 12/09/2017 till it\''s realization within two months from the date of this order.
3. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 03-02-2023Additional Case Details
Additional Case Details
Filing Number: 107307/2018 Filing Date: 04-06-2018 First Hearing Date: 13th August 2018 Decision Date: 03rd February 2023 Court Number And Judge: 17-COURT 17 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
03 Feb 2023
Order 1Full order available
03 Feb 2023
Order Details: Copy of Judgment Pdf Text: 1 MHCC010066462018 Presented on : 04-06-2018 Registered on : 19-06-2018 Decided on : 03-02-2023 Duration : 4 years, 7 months, 29 days BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.682 OF 2021 (SUMMARY SUIT NO.646 OF 2018) Hitesh Khemchand Bhansali, Aged 38 years ] Proprietor of M/s. Kamal Impex Fitting, ] Having office at Shop No.G18, 89/91, ] Durgadevi Street, Mumbai400 004.…
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