Order Details: Copy of Judgment Pdf Text: 1 MHCC010066482018 Presented on : 04-06-2018 Registered on : 02-08-2018 Decided on : 14-06-2022 Duration : Y M D 04 00 10 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.349 OF 2021 Ex.17 M/s. Bharati Enterprises Daxta Police Cooperative Housing Society Ltd. B1/3, Ganesh Building, Dr. Kapse Nagar, Ghatkopar(East), Mumbai 400 075. Through proprietor, Shri Bharati Mukund Kakad, Age 35 years, occupation:…
Commercial Suit
M/s. Bharati EnterprisesVsThe State of Maharastra +3 more
CNR MHCC01006648201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 14th June 2022
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 100349/2021
- Registration Date
- 02 Aug 2018
Advocates
2For Petitioner
For Respondent
Parties
5Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 26-09-2018
Business: adj to 25-10-2018
Next Purpose: REPORT
Next Hearing Date: 25-10-2018
Date: 25-10-2018
Business: Adv. Mr. Pawar for Plaintiff present and filed Affidavit of Service of Letter of Request alongwith Bailif Report.
None preset for Defendant.
Matter adj. to 18/12/2018 for Summons for Judgment
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-12-2018
Date: 18-12-2018
Business: None present for plaintiff.
Adv. Sachin Kadam for defendant/State present and tendered draft Chamber summons alongwith affidavit in support.O-Leave granted to register it.
Adjd. to 06.02.2019 for reply of plaintiff in C/S.
Next Purpose: C/S REPLY
Next Hearing Date: 06-02-2019
Date: 06-02-2019
Business: None present for plaintiff.
Adv Mr. Sachin Kadam for Deft no 2 tendered registered Ch/sum 68 of 2019 with affidavit. Defendant to serve the plaintiff with the ch/sum.
Adjd for service of ch/sum to 13/03/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Adv. G. B. Pawar Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the plff filed filed registered SJ 71/19 alongwith affidavit. t.o.r.
Ld counsel for the plff tendered service affidavit of SJ 71/19.t.o.r.
Ld counsel for the deft no. 1 to 4 sought time to file reply to SJ 71/19. granted.
Ld counsel for the plff submitted that they are not going to file written reply to CS 32/19 but orally argue the CS 32/19.
Adj. For Reply to SJ 71/19 by Deft no 1 to 4 and Hearing of CS 32/19 on 22/04/2019.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Matter transferred from Cr. no.09.
None Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the Deft filed Draft CS alongwith affidavit.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. for CS returnable and Service affidavit on 26/07/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s 28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019
Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s 28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019
Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s 28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019
Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019
Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019
Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019
Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019
Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019
Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020
Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020
Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: None for plaintiff.
Adv. Neha Tikam h/f. Adv. Sachin Kadam for deft. nos.1 to 4 present.
As per roznama dated 13.03.2019, plaintiff does not want to file reply to Ch/sum no.32/19. Therefore, matter be kept for hearing of Ch/sum no.32/19 and reply to Ch/sum no.874/19.
The matter is adjd for hearing of Ch/sum no.32/19 and reply to Ch/sum no.874/19 to 29.09.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: None for plaintiff.
Adv. Sachin Kadam for defts. present.
Heard Adv. For defts. on Ch/sum no.32/19.
Plaintiff and his advocate are absent. As per order dated 08.09.2021, Ch/sum proceeded without plaintiff\''s reply. It appears that plaintiff is not interested in defending this Ch/sum. Therefore, I shall proceed to decide it on merit.
ORDER BELOW CH/SUM NO.32/19
Perused the affidavit filed along with Ch/sum. It is submitted on behalf of deft. nos.1 to 4 that office of defendants received the summons. Concerned clerk was not aware that appearance has to be filed within 10 days of the receipt of summons. Delay was caused as the papers were not received from the concerned department within stipulated period. After receipt of summons, defendants made payment of Rs.3.3 Lakhs to plaintiff by cheque. Delay is not deliberate or intentional. It is submitted that deft. nos.1 to 4 want to contest the suit on merits.
Considering the reasons mentioned in the affidavit filed along with Ch/sum, it would be expedient to allow deft. nos.1 to 4 to appear before the Court in accordance with Order 37 Rule 3 of C.P.C. Hence, the following order.
ORDER
1. Ch/sum no.32/19 is allowed in terms of prayer clause (a).
2. No order as to costs.
3. Ch/sum no.32/19 is disposed of accordingly.
The matter is adjd for hearing on Ch/sum no.874/19 to 11.10.2021.
Next Purpose: C/S HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Heard Adv. For deft. nos.1 to 4 on Ch/sum no.874/19.
ORDER BELOW CH/SUM NO.874/19
This Ch/sum is taken out by deft. nos.1 to 4 praying to condone delay of 33 days for filing leave to defend the suit.
It is submitted on behalf of defts. that summons for judgment were served upon them on 11.03.2019. However, deft. nos.1 to 4 were required to take information from various departments for filing leave to defend the suit and in that process, there was delay of 33 days in applying for leave to defend the suit. Deft. nos.1 to 4 prayed to condone the delay in applying leave to defend the suit.
Inspite of sufficient opportunities and time, plaintiff failed to file reply to this Ch/sum.
Perused the proceeding sheet. Roznama shows that plaintiff has applied for summons for judgment before proper appearance of deft. nos.1 to 4 as contemplated under Order 37 Rule 3 of C.P.C. As per order below Ch/sum no.32/19 dated 29.09.2021, deft. nos.1 to 4 are permitted to appear before the Court. Summons for judgment is taken out by plaintiff prior to appearance of the deft. nos.1 to 4. Therefore, it would be expedient to allow deft. nos.1 to 4 to contest the summons for judgment taken out by plaintiff. In the result, following order.
ORDER
1. Ch/sum no.874/19 is allowed in terms of prayer clause (a).
2. Deft. nos.1 to 4 are permitted to apply leave to defend the suit within 10 days.
3. No order as to costs.
4. Ch/sum no.874/19 is disposed of accordingly.
Adv. For deft. nos.1 to 4 tendered reply affidavit to S/J No.71/19. T.O.R.
The matter is adjd for hearing on S/J no.71/19 to 26.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Mahendra Sakpal, representative of defts. present.
Copy of the reply affidavit of S/J is served upon Adv. For plaintiff.
On the oral request of Adv. For plaintiff, the matter is adjd for hearing on S/J to 27.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-10-2021
Date: 27-10-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Adv. For deft. nos.1 to 4 filed rejoinder to S/J. T.O.R.
Adv. For plaintiff sought adjournment for hearing on S/J. Adjournment as prayed for is granted.
The matter is adjd for hearing on S/J to 15.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-11-2021
Date: 15-11-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Heard arguments of both the sides on S/J no.71/19.
The matter is adjd for order on S/J no.71/19 to 17.11.2021.
Next Purpose: ORDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
F.R.S.R. following order is passed below S/J No.71/19 -
ORDER
1. Unconditional leave to defend the suit is granted to defendants.
2. Defendants shall file their Written Statement within 30 days from today.
3. No order as to costs.
4. Summons for Judgment No.71 of 2019 is disposed of accordingly.
The matter is adjd for written statement to 14.12.2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Exh.2 - Written statement of deft. nos.1 to 4. T.O.R.
O. - Read and recorded.
The matter is adjd for inspection of documents and admission/denial to 06.01.2022.
L.O. at 03.10 pm.
Adv. G.B. Pawar for plaintiff present.
The matter is already adjd for inspection of documents and admission/denial to 06.01.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: None for plaintiff.
Adv. Sanad Desai h/f. Adv. Sachin Kadam for deft. nos.1 to 4 present. He submits that his senior is not feeling well and prayed for adjournment. Adjournment as prayed for is granted.
The matter is adjd for admission/denial to 24.01.2022.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Parties have not submitted affidavit of admission/denial.
Exh.3 - Issues settled.
Heard both sides 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 30 days and thereafter, cross examination of defendant and defendant\''s witnesses shall be completed within next 30 days.
4. After conclusion of evidence, parties shall conclude their arguments within two weeks.
5. Both the parties to note that if they failed 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 list of witnesses to 24.02.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Exh.4 - Adv. For plaintiff tendered list of witness. T.O.R.
Exh.5 - Adv. For deft. nos.1 to 4 tendered list of witness. T.O.R.
The matter is adjd for evidence to 16.03.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Exh.6 - Evidence affidavit of PW-1 Bharti Mukund Kakad. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.7 - List of documents. T.O.R.
Copy of evidence affidavit and list of documents are supplied to Adv. For deft. nos.1 to 4.
The matter is adjd for evidence to 07.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-04-2022
Date: 07-04-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Adv. For deft. nos.1 to 4 sought time for filing affidavit of evidence. Time as prayed for is granted.
The matter is adjd for evidence to 26.04.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Exh.8 - Adv. For deft. nos.1 to 4 tendered evidence affidavit of DW-1 V.G. Nandrekar. T.O.R.
Witness is present. Contents in the affidavit are verified, read and recorded.
Exh.9 - List of documents filed by Adv. For deft. nos.1 to 4. T.O.R.
Heard both sides.
Adv. For deft. nos.1 to 4 submits that they have no objection for marking documents at Sr. nos.1 to 3 filed along with list (Exh.7). The office copies of notices filed along with list (Exh.7) at Sr. no.4.1 to 4.9 are acknowledged by defendants. Document at Sr. no.5 filed along with list (Exh.7) is the office copy of legal notice. All these documents are marked as exhibits.
Exh.10 - Copy of the registration of plaintiff.
Exh.11 - Copy of the bill.
Exh.12 - Statement showing work done.
Exh.13 colly. - Office copies of the notice sent by plaintiff to defendants.
Exh.14 - Office copy of legal notice dated 20.01.2018.
The matter is adjd for cross examination of PW-1 Bharti Kakad to 02.05.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Cross examination of PW-1 Bharati Kakad is resumed by Adv. Sachin Kadam for deft. nos.1 to 4.
Exh.15 - Tender document.
Cross examination of PW-1 Bharati Kakad is completed by Adv. Sachin Kadam for deft. nos.1 to 4.
Ld. counsel for plaintiff submits that plaintiff does not want to examine any other witness. His statement is taken on record.
The matter is adjd for cross examination of DW-1 V.G. Nandrekar to 04.05.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present. He submits that today witness could not remain present before the Court due to his personal problem. He sought an adjournment. Adjournment as prayed for is granted.
The matter is adjd for evidence to 05.05.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sanad Desai for deft. nos.1 to 4 present.
Cross examination of DW-1 V.G. Nandrekar is resumed by Adv. G.B. Pawar for plaintiff.
Exh.16 - Reply. (Referred during cross examination)
Cross examination of DW-1 is resumed by Adv. G.B. Pawar for plaintiff.
Adv. Sanad Desai on instructions from deft. nos.1 to 4 submits that defendants do not want to examine any other witness.
The matter is adjd for arguments to 08.06.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-06-2022
Date: 08-06-2022
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Heard arguments of Adv. For deft. nos.1 to 4.
K.B.
L.O. at 03.40 pm.
Plaintiff and its advocate are absent.
The matter is adjd for plaintiff\''s arguments to 10.06.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Adv. For plaintiff filed case laws. T.O.R.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 14.06.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: None for plaintiff.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
Exh.17 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial suit is partly decreed with costs.
2. Defendants shall pay interest @ 12percent p.a. on the principal amount of Rs.3,30,000/- (Rupees Three Lacs Thirty Thousand Only) for the period from 04/06/2015 to 09/10/2018.
3. Defendants shall further pay interest @ 12percent p.a. on aforesaid interest accrued on 09/10/2018 for the period from 09/10/2018 till its realization.
4. Decree thus follow.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 14-06-2022Additional Case Details
Additional Case Details
Filing Number: 107310/2018 Filing Date: 04-06-2018 First Hearing Date: 26th September 2018 Decision Date: 14th June 2022 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
14 Jun 2022
Order 1Full order available
14 Jun 2022
Order Details: Copy of Judgment Pdf Text: 1 MHCC010066482018 Presented on : 04-06-2018 Registered on : 02-08-2018 Decided on : 14-06-2022 Duration : Y M D 04 00 10 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.349 OF 2021 Ex.17 M/s. Bharati Enterprises Daxta Police Cooperative Housing Society Ltd. B1/3, Ganesh Building, Dr. Kapse Nagar, Ghatkopar(East), Mumbai 400 075. Through proprietor, Shri Bharati Mukund Kakad, Age 35 years, occupation:…
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