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Commercial Suit

M/s. AAS Udyog Through Mrs. Sarita ChandakVsUnion Of India Through Chief Engineer Western Railways +1 more

CNR MHCC01007701201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 28th July 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100138/2019
Registration Date
04 Oct 2019

Advocates

3

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 04-10-2019

Date: 11-10-2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv. Saif Hingankar for plaintiff present.
Adv. Chetan Agarwal for defendant no. 1 present.
Vakalatnama filed on behalf of defendant no. 1. O-Seen and filed.
Plaintiff filed affidavit in reply to application of defendant no. 1 u/s 8 of Arbitration and Conciliation Act, 1996.
Plaintiff filed rejoinder to the notice of motion.  TOR.
Heard argument of Ld. advocate for the plaintiff and defendant no. 1 on NM.  Adjourned for order on NM.
Earlier order if any to continue till next date.
The Ld. counsel for the plaintiff submitted that Bank Guarantee is going to expire on 31.10.2019.  Plaintiff to renew it till 31.12.2019.
Adjourned for order on NM to 13.11.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: None present.
Court is busy in dictating judgment in Session Case No. 176/2018.
Adjourned for order on NM to 16.11.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-11-2019

Date: 16-11-2019

Date: 25-11-2019

Date: 26-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: None present for plaintiff.
Advocate Pranav for defendant no. 1 present.
FRSR following order is passed
1. Draft  Notice motion is rejected .
2. Cost in the cause  .
3. Plaintiff to register draft notice of motion for statistical purposes.
The misc application of the defendant no.1 is marked as Exh.07 and reply Exh.07A.
Adjd for hearing on misc application to 10/12/2019.
Next Purpose: HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019

Date: 16-12-2019
Business: Adv. Saif for plaintiff present.
Adv. Ujjwal Agrawal for deft. no.1 present.
Partly heard arguments of Adv. Mr. Saif on Exh.7.
The matter is adjd for further hearing on Exh.7 to 08.01.2020.
Next Purpose: HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020

Date: 16-01-2020

Date: 24-01-2020
Business: Adv. Wani for plaintiff present.
Adv. Ujjwal Agrawal for deft. no.1 present.
Heard rejoinder of Ld. Counsel for deft. no.1.
The matter is adjd for order on Exh.7 to 01.02.2020.
Next Purpose: ORDER
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: None present for the Plff.
Adv. Ms. Jyoti Agarwal for deft. present.
F.R.S.R. Following order is passed
                 ORDER
1.  Application Exh.7 stands rejected.
2.  Cost in the cause.
3.  Defendants have not filed the written statement, suit to proceed without W/S against defendants.
                         -----
Adjd. for framing issues to 15/2/2020.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: None for plaintiff.
Adv. Chinmay Deshmukh for deft. no.1 present.
Deft. no.1 and 2 failed to file their W/S within stipulated time hence suit to proceed without W/S of deft. no.1    and 2.
The matter is adjd for evidence of plaintiff to 26.02.2020.
L.O. at 04.15 pm.
Counsel for deft. no.1 files draft N/M along with supporting affidavit and W/S.  Leave is granted to register it.
The matter is already adjd for reply to N/M to 26.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: None present.
L.O.
None for plaintiff.
Adv. Jyoti Agarwal for deft. no.1 present.
Adv. for deft. no.1 tendered registered N/M no.782/2020. T.O.R.
Deft. no.1 undertakes to serve registered N/M to the plaintiff.
The matter is adjd for service of N/M and reply to 11.03.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: None present.
The deft. no.1 has not filed service affidavit in respect of service of N/M no.782/20.  Put N/M No.782/20 for dismissal.
The matter is adjd for dismissal of N/M to 24.03.2020.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-04-2020

Date: 17-04-2020

Date: 06-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-05-2020

Date: 28-05-2020

Date: 15-06-2020

Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-07-2020

Date: 28-07-2020

Date: 02-09-2020
Business: National Lockdown
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-09-2020

Date: 24-09-2020

Date: 30-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for NM dismissal to 23.10.2020.
                                                                               Judge
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: As Court is on leave
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-11-2020

Date: 24-11-2020

Date: 05-12-2020

Date: 05-01-2021

Date: 20-01-2021

Date: 12-02-2021

Date: 17-02-2021

Date: 23-02-2021

Date: 16-03-2021
Business: None for plaintiff.
Adv. Ms. Nikita Kaur for defendant no.1, submits that copy of W.S. is served on plff by RPAD.
Matter is adjd.to 27.04.2021 for steps against deft no.2.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 22.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021

Date: 28-07-2021

Date: 31-08-2021
Business: Adv. for plaintiff present.
Adv. Nikita Banatwalla for defendant no. 1 present.
Matter is adjd.to 23-09-2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Both parties are absent when matter called out.
Matter is adjd.to 25-11-2021 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 25-11-2021

Date: 25-11-2021

Date: 21-12-2021
Business: None for plaintiff.
Adv. Pritesh Gavas for defendant no. 1 present and prayed for adjournment – short date be given.
Matter is adjd.to  21-01-2022 for filing statement of truth
by defts and admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 24-02-2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None for plaintiff.
Adv. Nikita  Banatwala for defendant no. 1present and prayed for adjournment - short date be given.
Matter is adjd.to 23-03-2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: None for plaintiff.
None for defendant
Last chance is given for admission denial of documents.
Matter is adjd.to 16-04-2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-04-2022

Date: 16-04-2022

Date: 10-06-2022

Date: 11-07-2022

Date: 05-08-2022
Business: Adv. Siddhi More for defendant No. 2 present and seeks time. Court is busy in other suit hence adjourned.
Adjd for framing issues to 05/09/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-09-2022

Date: 05-09-2022

Date: 06-10-2022
Business: None present when called.
Issues framed.
Adjd for case management hearing to 18/11/2022
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 18-11-2022

Date: 18-11-2022

Date: 14-12-2022

Date: 30-01-2023

Date: 20-02-2023

Date: 16-03-2023

Date: 23-03-2023
Business: None present.
Plaintiff is directed to remain present on next date,  otherwise further order will be passed.
Case is adjourned for 24.04.2023 evidence of plaintiff.
Late on at 12.25 p.m.
Adv. Abhijeet khade h/f Adv. Agarwal for defendant No.1 present.
Case is already adjourned for 24.04.2023 evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: None for plaintiff.
Adv Sachin Pawar h/f Chetan Agarwal for defendant No.1 is present.
Plaintiff is directed to lead evidence.
Case is adjourned for evidence to 02-05-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: None for plaintiff.
Adv. Aman Patar for defendant is present.
Case is adjourned for R/E to 06-06-2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-06-2023

Date: 06-06-2023
Business: M/s. AAS Udyog Vs Union Of India Through ChiefEngineer Western Railways
All called, but absent.
Plaintiff and defendant to take appropriate steps. Else, put for necessary order
Matter adjourned to 14.06.2023 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023

Date: 21-06-2023
Business: Plaintiff side called, but absent..
Adv. Aman Batar present for defendant No.1.
Rest all absent.
Plaintiff granted last opportunity to takes step. Else, put for necessary order.
Matter adjourned to 03.07.2023 for step.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: M/s. AAS Udyog Vs Union Of India
Plaintiff side called, but absent.
Adv. Aman Batar present for defendant No.1.
Plaintiff to takes steps. Else, put for dismissal order.
Matter adjourned to 25.07.2023  for step.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2023

Date: 25-07-2023

Date: 28-07-2023
Business: dismissed for want of prosecution
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 28-07-2023

Additional Case Details

Additional Case Details
Filing Number: 108296/2019
Filing Date: 25-07-2019
First Hearing Date: 04th October 2019
Decision Date: 28th July 2023
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

7
Final Order 4Full order available
28 Jul 2023

Order Details: Other Pdf Text: 28.07.2023 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.22 Commercial Suit No. 100138/2019 M/s. AAS Udyog Through Mrs. Sarita Chandak Vs Union Of India Through Chief Engineer Western Railways Plaintiff side called, but absent. Adv. Aman Batar present for defendant No.1. Perusal shows that, the plaintiff preferred present Commercial Suit No. 100138 / 2019 against defendant No.1 Union of India / (Chief Engineer) Western Railways and Defendant No.2 Catholic…

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Interim Order 3Full order available
20 Feb 2023

Order Details: Other Pdf Text: Comm.Suit No. 138/19. 1 MHCC010077012019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 138 OF 2019 CNR NO. : MHCC010077012019 Exh.10 M/s. AAS Udyog Through Mrs. Sarita Chandak ...Plaintiff Versus Union of India Through Chief Engineer Wester Railways and Anr. ...Defendants CORAM : HIS HONOUR JUDGE SHRI A.S.SALGAR (COURT ROOM NO.31). DATE : 20th FEBRUARY, 2023. Adv. Aman Batar i/b. Adv. Chetan Agarwal for Defendant No. 1. SCHEDULE OF TRIAL DETERMINED AFTER…

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Interim Order 2Full order available
23 Feb 2021

Order Details: Notice of Motion Pdf Text: N/m No. 782/2020 in Comm. Suit No. 138/19. 1 Order. MHCC010060112020 Presented on : 18-02-2020 Registered on : 18-02-2020 Decided on : 23-02-2021 Duration : 1 years, 0 months, 5 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 782 OF 2020 IN COMMERCIAL SUIT NO. 138 OF 2019 M/s. AAS Udyog (Proprietorship Concern) ...Plaintiff Versus Union of India through (Chief Engineer) Western Railways and Another ...Defendants CORAM :…

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Interim Order 1Full order available
01 Feb 2020

Order Details: Order below exhibit Pdf Text: 1 IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY ORDER BELOW EX.NO.07 IN SUIT(COMMERCIAL) NO.138 of 2019 M/s.AAS Udyog ..Plaintif V/s Union of India through Chief Engineer, WR & Anr ..Defendants Ld. advocate Mr.Wani for plaintif Ld. advocate Mr.Ujjwal Agarwal for defendant no.1 CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI DATE: 01/02/2020 ORAL ORDER 1. This is an application tendered by defendant no.1 u/s. 8 of the Arbitration and Conciliation Act, 1996.…

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Order 3Full order available
20 Feb 2023

Order Details: Other Pdf Text: Comm.Suit No. 138/19. 1 MHCC010077012019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 138 OF 2019 CNR NO. : MHCC010077012019 Exh.10 M/s. AAS Udyog Through Mrs. Sarita Chandak ...Plaintiff Versus Union of India Through Chief Engineer Wester Railways and Anr. ...Defendants CORAM : HIS HONOUR JUDGE SHRI A.S.SALGAR (COURT ROOM NO.31). DATE : 20th FEBRUARY, 2023. Adv. Aman Batar i/b. Adv. Chetan Agarwal for Defendant No. 1. SCHEDULE OF TRIAL DETERMINED AFTER…

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Order 2Full order available
23 Feb 2021

Order Details: Notice of Motion Pdf Text: N/m No. 782/2020 in Comm. Suit No. 138/19. 1 Order. MHCC010060112020 Presented on : 18-02-2020 Registered on : 18-02-2020 Decided on : 23-02-2021 Duration : 1 years, 0 months, 5 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 782 OF 2020 IN COMMERCIAL SUIT NO. 138 OF 2019 M/s. AAS Udyog (Proprietorship Concern) ...Plaintiff Versus Union of India through (Chief Engineer) Western Railways and Another ...Defendants CORAM :…

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Order 1Full order available
01 Feb 2020

Order Details: Order below exhibit Pdf Text: 1 IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY ORDER BELOW EX.NO.07 IN SUIT(COMMERCIAL) NO.138 of 2019 M/s.AAS Udyog ..Plaintif V/s Union of India through Chief Engineer, WR & Anr ..Defendants Ld. advocate Mr.Wani for plaintif Ld. advocate Mr.Ujjwal Agarwal for defendant no.1 CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI DATE: 01/02/2020 ORAL ORDER 1. This is an application tendered by defendant no.1 u/s. 8 of the Arbitration and Conciliation Act, 1996.…

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