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Commercial Suit

Rameshkumar Kundanmal AgarwalVsRanjeet Kumar Vishnu Prasad

CNR MHCC01006691201832-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 27th January 2021

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100177/2020
Registration Date
02 Jul 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 20

    Case History / Proceedings

    Case History
    Date: 23-07-2018
    Business: Exh-2 Adv. Sourabh Godbole for plaintiff filed application extension time for writ of summons.
    O-Allowed.
    Matter is adj for directions on 19/09/18.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv. Sourav Godabole for plaintiff present.
    Matter is adj for awaiting service report on 17/11/18.
    Next Purpose: REPORT
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Exh-3(Colly) Adv. Nagar for plaintiff tendered affidavit of service along with original writ of summons.
    Writ of summons served on the defendant on both address, inspite of service defendant failed to appear before the court hence suit proceeded ex-parte
    Matter is adj for ex-parte evidence on 18/02/19.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Adv. Jagdish Nagar for plaintiff present.
    Defendant ex-parte
    Matter adj for ex-parte evidence on 24/06/19.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Matter called out (12.56 pm)
    Adv.Nagar for plaintiff present.
    Defendant already proceeded ex-parte.
    Matter adj for ex-parte evidence on 26/08/19.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Nagar for plaintiff present.
    Adv.for defendant absent.
    On oral request of advocate for plaintiff matter is adjd on next date.
    Matter adjd to 25.09.2019 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. for plaintiff
    Adv. for defendant
    As court is busy.
    Matter adjd to 13/11/2019  for Ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Nagar for plaintiff present.
    Adv. for defendant absent.
    Advocate for plaintiff tender affidavit of service @ compilation of documents.
    Matter adjd to 09.12.2019 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Gaurav R. Nyayanit for plaintiff present.
    Adv.for defendant absent.
    Witness absent.
    Matter adjd to 23.03.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: court time is over
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
    Matter adjd to 16/10/2020 for  Ex-party evidence .
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: COURT IS ON LEAVE
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    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  24/11/ 2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    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   10/12/2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv.Saurav Nyayanit for plaintiff present.
    None for defendant.
    As per the procedure of Commercial Court Act it was necessary on the part of plaintiff to file statement of truth along with documents. However plaintiff fail to file statement of truth along with documents.
    Plaintiff is directed to file statement of truth.
    Adjd to12.01.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv.Jagdish Nagar for plaintiff present.
    None present for defendant.
    Statement of truth, Exh.6 filed by Adv. of plaintiff t.o.r.
    Documents annexed with Exh.5, Sr. Nos.1 to 58 are exhibited today. Its evidenciary value will be considered at the time of final argument of the suit.
    Office copy of invoice No.4 dated 26.09.2015, Exh.7.
    Office copy of invoice No.5 dated 26.09.2015, Exh.8.
    Office copy of invoice No.6 dated 26.09.2015, Exh.9.
    Office copy of invoice No.165 dated 11.12.2015, Exh.10.
    Office copy of invoice No.998 dated 09.02.2016, Exh.11.
    Office copy of invoice No.1013 dated 10.02.2016, Exh.12.
    Office copy of invoice No.1014 dated 10.02.2016, Exh.13.
    Office copy of invoice No.1015 dated 10.02.2016, Exh.14.
    Office copy of invoice No.1017 dated 10.02.2016, Exh.15.
    Office copy of invoice No.1018 dated 10.02.2016, Exh.16.
    Office copy of invoice No.1019 dated 10.02.2016, Exh.17.
    Office copy of invoice No.1020 dated 10.02.2016, Exh.18.
    Office copy of invoice No.1021 dated 10.02.2016, Exh.19.
    Office copy of invoice No.1024 dated 10.02.2016, Exh.20.
    Office copy of invoice No.1025 dated 10.02.2016, Exh.21.
    Office copy of invoice No.1026 dated 10.02.2016, Exh.22.
    Office copy of invoice No.1027 dated 10.02.2016, Exh.23.
    Office copy of invoice No.1028 dated 10.02.2016, Exh.24.
    Office copy of invoice No.1029 dated 10.02.2016, Exh.25.
    Office copy of invoice No.1030 dated 10.02.2016, Exh.26.
    Office copy of invoice No.1031 dated 10.02.2016, Exh.27.
    Office copy of invoice No.1032 dated 10.02.2016, Exh.28.
    Office copy of invoice No.1033 dated 10.02.2016, Exh.29.
    Office copy of invoice No.1034 dated 10.02.2016, Exh.30.
    Office copy of invoice No.1035 dated 10.02.2016, Exh.31.
    Office copy of invoice No.1082 dated 16.02.2016, Exh.32.
    Office copy of invoice No.1011/S dated 16.02.2016, Exh.33.
    Office copy of invoice No.1012/S dated 16.02.2016, Exh.34.
    Office copy of invoice No.1017/S dated 16.02.2016, Exh.35.
    Office copy of invoice No.1018/S dated 16.02.2016, Exh.36.
    Office copy of invoice No.1019/S dated 16.02.2016, Exh.37.
    Carbon copy of lorry receipt no.5008483553 dated 11.02.2016, Exh.38.
    Carbon copy of lorry receipt no.5008484083 dated 11.02.2016. Exh.39
    Carbon copy of lorry receipt no.5008483726 dated 12.02.2016, Exh.40
    Carbon copy of lorry receipt no.5008483932 dated 13.02.2016, Exh.41
    Carbon copy of lorry receipt no.5008483657 dated 12.02.2016, Exh.42
    Carbon copy of lorry receipt no.5008483658 dated 12.02.2016, Exh.43
    Carbon copy of lorry receipt no.5008483816 dated 13.02.2016, Exh.44
    Carbon copy of lorry receipt no.5008483961 dated 15.02.2016, Exh.45
    Carbon copy of lorry receipt no.5008483634 dated 11.02.2016, Exh.46
    Carbon copy of lorry receipt no.5008483814 dated 13.02.2016, Exh.47
    Carbon copy of lorry receipt no.5008483815 dated 13.02.2016, Exh.48
    Carbon copy of lorry receipt no.5008484097 dated 15.02.2016, Exh.49
    Carbon copy of lorry receipt no.5008212390 dated 16.02.2016, Exh.50
    Carbon copy of lorry receipt no.5008483709 dated 12.02.2016, Exh.51
    Carbon copy of lorry receipt no.5008483708 dated 12.02.2016, Exh.52
    Carbon copy of lorry receipt no.5008483742 dated 12.02.2016, Exh.53
    Carbon copy of lorry receipt no.5008484096 dated 15.02.2016, Exh.54
    Carbon copy of lorry receipt no.5008483758 dated 12.02.2016, Exh.55
    True copy of cheque no.000081 dated 16.08.2016, Exh.56
    True copy of cheque no.000083 dated 30.08.2016, Exh.57
    True copy of cheque no.000084 dated 06.09.2016, Exh.58
    True copy of cheque no.000085 dated 13.09.2016, Exh.59
    True copy of cheque no.000087 dated 27.09.2016, Exh.60
    True copy of cheque no.000088 dated 20.09.2016, Exh.61
    Extract of ledger accounts for the period 01.04.2015 to 31.03.2016 and 01.04.2016 to 31.03.2017, 01.04.2017 to 31.03.2018, Exh.62
    Office copy Advocate notice dated 24.03.2018 with receipt, Exh.63
    Original acknowledgment card, Exh.64
    PW No.1-Mr.Rameshkumar Kundanmal Agarwal resumed on S.A.
    Defendant absent. No cross.
    No Re-examination.
    Evidence closure pursis, Exh.65 filed by Adv.of plaintiff t.o.r.
    O-filed.
    Matter adjd to 19.01.2021 for Argument on Exh.6.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Adv.Jagdish Nagar for plaintiff present.
    None present for defendant.
    KB
    LO
    Adv.Jagdish Nagar for plaintiff present.
    Heard argument.
    Matter adjd to 27.01.2021 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    Judgment dictated in open court.
    F.R.S.R. the following order is passed
                 OPERATIVE ORDER
    1.Suit is decreed with costs.
    2.The defendant is directed to pay to the plaintiff a sum of Rs.7,78,502/- being principal and accrued contractual interest @ 24 percent p.a. due on the date of each invoice till actual payment by the defendant.
    3.Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    Judgment dictated in open court.
    F.R.S.R. the following order is passed
                 OPERATIVE ORDER
    1.Suit is decreed with costs.
    2.The defendant is directed to pay to the plaintiff a sum of Rs.7,78,502/- being principal and accrued contractual interest @ 24 percent p.a. due on the date of each invoice till actual payment by the defendant.
    3.Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 27-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107374/2018
    Filing Date: 05-06-2018
    First Hearing Date: 23rd July 2018
    Decision Date: 27th January 2021
    Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    27 Jan 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 Presented on : 05.06.2018 Registered on :02-07-2018 Decided on :27.01.2021 Duration on : 2 Y, 7 M, 22D IN THE COURT OF SESSIONS FOR GREATER BOMBAY COMMERCIAL SUIT NO. 177 OF 2020 (CNR No.MHCC01-006691-2018) Rameshkumar Kundanmal Agarwal Age 60 years, Indian Inhabitant Proprietor of M/s. Ambikaa Fashion Having office at 80, Ganesh Bhavan, 3rd Floor, 28 Jagruti Mata Lane, Ramwadi, Kalbadevi Road, Mumbai -400 002. ....Plaintiff V/s Ranjeet Kumar Vishnu Prasad Age- Not…

    Read Full Order
    Order 1Full order available
    27 Jan 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 Presented on : 05.06.2018 Registered on :02-07-2018 Decided on :27.01.2021 Duration on : 2 Y, 7 M, 22D IN THE COURT OF SESSIONS FOR GREATER BOMBAY COMMERCIAL SUIT NO. 177 OF 2020 (CNR No.MHCC01-006691-2018) Rameshkumar Kundanmal Agarwal Age 60 years, Indian Inhabitant Proprietor of M/s. Ambikaa Fashion Having office at 80, Ganesh Bhavan, 3rd Floor, 28 Jagruti Mata Lane, Ramwadi, Kalbadevi Road, Mumbai -400 002. ....Plaintiff V/s Ranjeet Kumar Vishnu Prasad Age- Not…

    Read Full Order

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