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Commercial Suit

Smt. Kalavati wife of Suresh JainVsRajendra Chaturvedi

CNR MHCC01007041201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 25th March 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100088/2019
Registration Date
20 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 18-09-2019
    Business: Adv. Chaube for plaintiff present.
    Adv. Deshmukh for defendant present and filed VP.
    Vakalatnama filed on behalf of defendant.
    Matter stands Adj for written statement to 04.10.19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Chaube for plaintiff present and filed affidavit of service.
    Adv. Deshmukh for defendant present and seeks time to file WS.
    Matter stands Adj for filing WS to 07.10.19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Chaube for plaintiff present.
    Adv. Sonam Kotak for defendant present and file application.
    Application for extension of time to file Written Statement.
    O-Perused the application. Heard. Adjournment granted for filing Written Statement. In view of submissions made, four weeks time is granted.
    Matter stands Adj for filing WS to 06.11.19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: None present for plaintiff.
    Adv. Deshmukh for defendant present.
    Application filed by Ld. counsel for defendant for extension of time to file Written Statement. Time granted.
    Hence, Matter stands Adj for filing Written Statement to 06.12.19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: None present for plaintiff.
    Adv. Deshmukh for defendant present and filed application for extension of one week time to file Written Statement.
    Matter stands Adj for filing Written statement to 13.12.2019.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: The court is on leave
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: None present for plaintiff.
    Adv. Sonam for defendant present and filed WS.
    Written statement filed on behalf of defendant.
    As per Exhibit- 4, one week time was granted to the defendants as a last chance till today. Hence, the WS is taken on record, as it is filed within extended time by the court.
    Matter stands Adj for framing issues to 14.01.2020.
    Later on
    Adv. Rahul Chaube for plaintiff present.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: None for plff.
    Adv. Deshmukh for defendant present and filed draft issues. TOR.
    Matter stands Adj for Framing Issues to 03.02.2020.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Called out at 11.25 am
    None present for plaintiff and defendant.
    Keep Back
    Later on at 12.00 pm
    None present for plaintiff.
    Adv. Deshmukh for defendant present.
    Issues framed and shown to Ld. counsel for defendant.
    As per section 16 of Commercial Courts Act, 2015 and amended provisions of CPC vide order 15 XV-A(1)(5), it will be just and proper to fixed matter for hearing on case management after filing of evidence affidavit and documents.
    Matter stands Adj for filing evidence affidavit to 18.02.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Called out at. 11.30 am
    Adv. Rahul Chaube for plaintiff present.
    Adv. Dhananjay Deshmukh for defendant present.
    Keep Back
    Later on at 12.40 am
    Adv. Rahul Chaube for plaintiff present.
    Adv. Dhananjay Deshmukh for defendant present.
    PW-1 Kalawati Jain present and filed evidence affidavit along with list of documents. Copy served on other side.  She seeks time to file statement of truth.
    Evidence affidavit filed on behalf of plaintiff. TOR. O-Keep for cross-examination.
    List of documents. O-other side to say.
    Heard both sides.
    As per the provisions of Commercial Courts Act, 2015, Case is to be kept for first case management and for hearing on exhibiting documents. Time granted to Ld. counsel for plaintiff to file statement of truth.
    Matter stands Adj for hearing on documents to 04.03.2020.
    Next Purpose: HEARING
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Called out at 11.45 am
    Plaintiff present.
    Adv. Chaube for plaintiff present and filed statement of truth duly affirmed by the plaintiff.
    Statement of truth filed by plaintiff. TOR.
    PW-1 Kalawati Jain present.
    None present for defendant.
    Matter stands Adj for filing say and hearing on documents to 24.03.2020.
    Next Purpose: FILING SAY
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: FILING SAY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: FILING SAY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: FILING SAY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING SAY
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Reason For Adjournment: court time is over
    Next Purpose: FILING SAY
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: court time is over
    Next Purpose: FILING SAY
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING SAY
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    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 filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Court is on leave. Matter adjd to 03.11.2020 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    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 filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: None for plaintiff.
    Adv Mr.Dhananjay Deshmukh for defendant present.
    Matter adjd to  17/12/2020 for filing say.
    Next Purpose: FILING SAY
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: None for plaintiff.
    Adv.Dhananjay Deshmukh for defendant present.
    As per the procedure of Commercial Court Act before framing issues it was obligatory on the part of parties to tender admission and denial.
    In the present Suit plaintiff tendered some of documents with statement of truth . Moreover defendant tendered W/S wide Exh-5 without any documents. As per the procedure of Commercial Court Act before framing issue the documents which is tendered by the parties be exchange for the purpose of admission and denial. But this important procedure is not followed in the present Suit and issues are directly  framed.
    Plaintiff and defendant is directed to comply procedure of Commercial Court Act.
    Matter adjd to  20.01.2021  for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
    Plaintiff absent.
    Defendant absent.
    Adv.for plaintiff absent.
    Adv. Dhanjay Deshmukh for defendant present.
    Matter adjd to 04.02.2021 for Compliance.
    L.O. at 12.30 pm.
    Adv. Deshmukh for defendant present.
    Adv. Rahul Chaubey for plaintiff present.
    The submittes settlement talks going on and seek adjournment.
    Already adjd to 12.02.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv.Rahul Choubey for plaintiff present.
    KB
    LO
    Plaintiff absent.
    Adv.Rahul Choubey for plaintiff present.
    Adv.Dhananjay Deshmukh for defendant present.
    Matter adjd to 06.03.2021 for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 25.03.2021 for order against plaintiff.
    Next Purpose: ORDER
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 12.04.2021 for order.
    LO at 03.25 pm
    The plaintiff Kalawati Suresh Jain present.
    Defendant Rajendra Chaturvedi present.
    Adv.Rahul Choubey for plaintiff present
    Adv.Dhananjay Deshmukh for defendant present.
    The plaintiff and defendant had filed consent terms, Exh.9 regarding settlement of suit.
    The plaintiff and the defendant has filed identification documents
    Copy of Aadhar card of plaintiff Kalawati Suresh Jain, Article-A.
    Copy of Aadhar card of defendant Rajendra Chaturvedi, Article-B.
            The plaintiff and defendant orally submitted that dispute is settled in terms of consent terms.
               The dispute as it settled, the decree be drawn on terms of consent terms, Exh.9. The suit stands disposed of in view of consent terms. The Court fees to which if the plaintiff is entitled be refunded to the plaintiff.
    Nature Of Disposal: CONSENT DECREE
    Disposal Date: 25-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107516/2019
    Filing Date: 08-07-2019
    First Hearing Date: 18th September 2019
    Decision Date: 25th March 2021
    Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    25 Mar 2021
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
    Case No. :Commercial Suit/0100088/2019
    Smt. Kalavati Wife of Suresh Jain Vs Rajendra Chaturvedi
    Date : 25-03-2021
    Business : None present for plaintiff. None present for defendant.
    Matter adjd to 12.04.2021 for order. LO at 03.25 pm The
    plaintiff Kalawati Suresh Jain present. Defendant Rajendra
    Chaturvedi present. Adv.Rahul Choubey for plaintiff present
    Adv.Dhananjay Deshmukh for defendant present. The
    plaintiff and defendant had filed consent terms, Exh.9
    regarding settlement of suit. The plaintiff and the defendant
    has filed identification documents Copy of Aadhar card of
    plaintiff Kalawati Suresh Jain, Article-A. Copy of Aadhar
    card of defendant Rajendra Chaturvedi, Article-B. The
    plaintiff and defendant orally submitted that dispute is
    settled in terms of consent terms. The dispute as it settled,
    the decree be drawn on terms of consent terms, Exh.9. The
    suit stands disposed of in view of consent terms. The Court
    fees to which if the plaintiff is entitled be refunded to the
    plaintiff.
    Nature of Disposal : CONSENT DECREE
    Disposal Date : 25-03-2021
    COURT 32 ADD. SESSIONS JUDGE
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