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Commercial Suit

M/s. Progressive IndustriesVsM/s. Chopra Engineering Co.

CNR MHCC01007225201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 16th March 2022

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100932/2021
Registration Date
20 Aug 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-09-2018
    Business: Adv. Priyang Shukla Present for the Plff.
    Adv. Prachiti Present for the Deft.
    Ld counsel M/s Bali Associates for the Deft filed VP. t.o.r. sought time to File WS. Granted.
    Ld counsel for the Plff sought time to file Affidavit of service.
    Adj. For WS on 09/10/2018.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Adv. Upaday for the plff. Present.
    Adv. Ms. Karnik for the deft. Present.
    Ld. Counsel for the deft. Filed WS . t.o.r
    Copy of WS is supplied to Ld. Counsel for the Plff.
    Adj For Draft Issues on 22.01.2019
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-01-2019
    
    Date: 22-01-2019
    Business: Adv. Upadhye Present for the Plff.
    Representative of Deft Present.
    Representative of Deft filed Draft issues. t.o.r. Copy supplied to otherside.
    Matter kept for draft issues by Plff on 05/04/2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: None Present for the Plff.
    Adv. Ms. Anju Singh Present for the Deft.
    None appear for the plff. Nor filed Draft.
    Hence the Draft issues tendered by Deft made absolute.
    Issues Framed.
    Adj. for Settling date on 02/05/2019.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: H.H.J. is on Mediation Training
    Next Purpose: FOR___________________
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Adv.Shukla for plaintiff present.
    None for defendant.
    Adjd.for recording evidence on 30.09.2019.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-09-2019
    
    Date: 30-09-2019
    Business: H.H.J. is on Leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Upadhey Present for the Plff.
    Representative of plff present.
    On the oral request of the Ld counsel for the plff matter is adj.
    Matter adjd to 05/02/2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. Mosim Khan for defendant present.
    On the request of Ld. Counsel for plaintiff matter is adjourned.
    Matter adjd for filing evidence of plaintiff to 21-04-2020 at 11.00 am.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: At. 11.07 am
    None for plaintiff.
    Adv. Anju Singh I/b Bali Associates for defendant present.
    Adjd for evidence of plaintiff to 29/04/2021
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Court is vacant
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: None present.
    The matter is adjd for case management hearing to 09.09.2021.
    Next Purpose: O.XV-A Case Management Hearing
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: None for plaintiff.
    Adv. V.K. Bali for deft. present.
    Parties are directed to follow provisions of Commercial Courts Act for hearing of this suit.
    The matter is adjd for case management hearing to 05.10.2021.
    Next Purpose: O.XV-A Case Management Hearing
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. Anju Singh for deft. present.
    Heard Adv. For plaintiff and Adv. For deft. on case management hearing.
          Issues are already settled.  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 his 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 18.10.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: None for plaintiff.
    Adv. Anju Singh for deft. present.
    Exh.5 - Adv. For deft. filed statement of truth.  T.O.R.
    Exh.6 - List of witnesses filed by Adv. For deft.  T.O.R.
    Plaintiff did not file list of witnesses.
    The matter is adjd for filing evidence affidavits to 17.11.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv. Riyansh Shukla for plaintiff present.
    Adv. V.K. Bali for deft. present.
    Adv. For deft. filed evidence affidavit of DW-1 Harmohan Chopda along with copy of defendant\''s reply.  T.O.R.
    Exh.7 - Plaintiff filed list of witnesses.  T.O.R.
    Plaintiff is directed to file evidence affidavit of his witness on next date without fail.
    The matter is adjd for filing evidence affidavit to 24.11.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Priyank Shukla for plaintiff present.
    Exh.8 - Adv. For plaintiff filed affidavit of evidence of  PW-1 Vivek Shivkumar Chauhan.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.9 - List of documents.  T.O.R.
    L.O. at 02.55 pm.
    Adv. Anju Singh for deft. present.
    Adv. Priyank Shukla for plaintiff present.
    Copies of evidence affidavit and documents are supplied to Adv. For deft.
    The matter is adjd for further evidence to 06.12.2021 at 12.00 noon.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. B.K. Bali for deft. present.
    Exh.10 - Adv. For plaintiff filed list of documents. T.O.R.
    Further examination in chief of PW-1 Vivek Chauhan is resumed by Adv. Shukla for plaintiff.
    Exh.11 colly. - 47 bills.
    Exh.12 - Acknowledgement regarding receipt of notice by defendant.
    Exh.13 - Envelope.
    Exh.14 - Office copy of notice.
    Further examination in chief of PW-1 is completed  by Adv. Shukla for plaintiff.
    Cross examination of PW-1 is resumed and completed by Adv. B.K. Bali for deft.
    The matter is adjd for further evidence to 13.12.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Rajanish upadhyay for plaintiff present.
    Ex.15 – Evidence closing pursis by plff. TOR
    Adv. B. K. Bali for deft. present.
    Ex.16 – Evidence closing pursis by deft. TOR
    The matter is adjd for Argument  to 20.12.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. B.K. Bali for deft. present.
    Adv. For plaintiff sought adjournment for arguments.  Adjournment as prayed for is granted as a last chance.
    The matter is adjd for arguments to 13.01.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: None present
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for arguments to 02.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv. Priyank Shukla for plaintiff present.
    None for deft.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for Final Arguments to 09.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: None present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for arguments to 16.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: None for plaintiff.
    Adv. B.K. Bali for deft. present.
    K.B.
    L.O. at 03.10 pm.
    Adv. Seema Baviskar for deft. present.
    Matter is pending for arguments since long.  Parties are directed to argue the matter on next date without fail.
    The matter is adjd for arguments to 25.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. B.K. Bali for deft. present.
    Adv. For plaintiff sought adjournment.  Adjournment is granted for today as a last chance.
    The matter is adjd for arguments to 10.03.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. B.K. Bali for deft. present.
    Heard arguments of both sides.
    The matter is adjd for judgment to 16.03.2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. B.K. Bali for deft. present.
    Exh.17 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1. Suit is dismissed with costs.
    2. Decree thus follow.
    Nature Of Disposal: DISMISSED
    Disposal Date: 16-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107937/2018
    Filing Date: 18-06-2018
    First Hearing Date: 10th September 2018
    Decision Date: 16th March 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    16 Mar 2022

    Order Details: Copy of Judgment Pdf Text: Com. Suit No.932/21 1 Judgment MHCC010072252018 Presented on : 18062018 Registered on : 20082018 Decided on : 16032022 Duration : Y M D 03 08 28 BEFORE THE CITY CIVIL COURT, GR. BOMBAY ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.932 OF 2021 (SHORT CAUSE SUIT NO.2173 OF 2018) Exh.17 M/s. Progressive Industries, A Proprietary concern through its Proprietor Vivek Shivkumar Chauhan Having address of 20, Jagannath Industrial…

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    Order 1Full order available
    16 Mar 2022

    Order Details: Copy of Judgment Pdf Text: Com. Suit No.932/21 1 Judgment MHCC010072252018 Presented on : 18062018 Registered on : 20082018 Decided on : 16032022 Duration : Y M D 03 08 28 BEFORE THE CITY CIVIL COURT, GR. BOMBAY ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.932 OF 2021 (SHORT CAUSE SUIT NO.2173 OF 2018) Exh.17 M/s. Progressive Industries, A Proprietary concern through its Proprietor Vivek Shivkumar Chauhan Having address of 20, Jagannath Industrial…

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