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Commercial Suit

M/s. Gala EnterprisesVsM/s. Orbit Global Traders +2 more

CNR MHCC01007749201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 19th March 2024

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100350/2021
Registration Date
16 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 09-09-2019
    Business: None present.
    Adjd. to 27.11.2019 for report.
    LO
    LO At  12.15 p.m
    Adv. Mujumdar for plaintiff present.
    Already adjd. to 21.11.2019
    Next Purpose: REPORT
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. D. J. Jani  for plaintiff present.
    None for defendant.
    Plaint.
    Vakalatnama.
    Memorandum of plaintiff\''s registered address.
    List of document.
    Affidavit of service tendered Adv. For plaintiff. O- Seen and filed.
    Order . defendant failed to appear inspite of due service of summons. Hence, suit to  proceed ex-parte against defendant.
    Matter adjd to  12.12.2019  for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: P.O. is on Training
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Jani for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 26.02.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Jani for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 15.04.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Business: Due to Covid-19 pandemic none appeared.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. D.J. Jani for the plff. Present.
    Adv. For the plff. Submitted that original document filed Hon\''ble High Court and he has filed application for certified copy of documents.
    Matter is adjd to 22.04.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 05/07/2021 for Exparte Evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: None present for plaintiff.
    None present for defendant.
    Due to rise in Covid cases, Adjd to 09.08.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Jani for plaintiff present.
    None for deft.
    On oral request of Adv. For plaintiff, the matter is adjourned.
    The matter is adjd for ex-parte evidence to 23.09.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Jani for plaintiff present.
    On oral request of Adv. For plaintiff, the matter is adjd for ex-parte evidence to 15.11.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. D.J. Jani for plaintiff present.
    Exh.6 - Adv. For plaintiff filed claim affidavit of PW-1 Vipul Popatlal Gala.  T.O.R.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.7 - List of documents.  T.O.R.
    The matter is adjd for evidence to 04.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Adv. D.J. Jani for plaintiff present.  He sought time for adducing further evidence.  Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 05.01.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: None present.
    The matter is adjd for ex-parte evidence to 15.02.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv. Jani for plaintiff present.
    Adv. For plaintiff submits that plaintiff does not want to adduce further evidence.  Therefore, matter be kept for arguments.
    The matter is adjd for arguments to 23.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Adv. Darshan J. Jani for plaintiff present.  He sought time for arguments.  Time as prayed for is granted.
    The matter is adjd for arguments to 28.03.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Jani for plaintiff present. He sought time for arguments.  Time as prayed for is granted.
    The matter is adjd for arguments to 04.05.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv. Mujhumdar for plaintiff present.  He sought time for arguments.  Time as prayed for is granted.
    The matter is adjd for arguments to 10.06.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv. Mujhumdar for plaintiff present.
    Adv. For plaintiff submits that plaintiff wants to file documents which are essential for just decision of case.  He prayed for longer date.  Matter proceeded ex-parte.  Therefore, adjournment as prayed for is granted.
    The matter is adjd for arguments to 06.07.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Jani for plaintiff present.  Adv. For plaintiff submits that plaintiff wants to file documents which are essential for just decision of case. He prayed for longer date. Matter proceeded ex-parte. Therefore, adjournment as prayed for is granted.
    The matter is adjd for arguments to 26.07.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. D.J. Jani for plaintiff present.
    Adv. For plaintiff submits that plaintiff wants to file documents which are essential for just decision of case. He prayed for short date. Matter proceeded ex-parte. Therefore, adjournment as prayed for is granted.
    The matter is adjd for arguments to 10.08.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Jani for plaintiff present.  Adv. For plaintiff submits that plaintiff wants to file documents which are essential for just decision of case. He prayed for keeping the matter after four weeks. Matter proceeded ex-parte. Therefore, adjournment as prayed for is granted.
    The matter is adjd for arguments to 13.09.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Jani for plaintiff present.
    Exh.8 - Adv. For plaintiff filed application for adjournment.
    O. - Adv. For plaintiff submits that plaintiff wants to file documents which are essential for just decision of case. He prayed for keeping the matter after four weeks. Matter proceeded ex-parte. Therefore, adjournment as prayed for is granted.
    The matter is adjd for ex-parte evidence to 14.10.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: The Court is Vacant.
    Hence, The matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: The Court is Vacant. Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: The court is vacant. Hence, matter is adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Matter received from C.R.No. 14.
    None for plaintiff.
    O- Plaintiff is directed to file its evidence on the next date.
    Matter is adj for ex parte evidence to 11/09/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv. Mr. Mujumdar for plaintiff present and orally sought adjournment.
    Matter is adj for exparte evidence to 12/10/2023
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Adv. J. Mujumdar for plaintiff is present on oral request of ld. adv of plaintiff matter is adjourned.
    Witness PW-1 is absent.
    Matter is adj for ex-parte evidence to 01/12/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Court is on leave. Hence adjd.to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Adv Darshan Jani for plaintiff present.
    He filed list of witnesses. t.o.r. O- Filed. Marked as Exh. 09.
    Matter stands Adj for marking of documents on 21/02/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: P.O. is on leave. Matter adjourned to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-03-2024
    
    Date: 16-03-2024
    Business: Adv. D.J. Jani for plaintiff is present.
    Witness PW-1 Mr. Vipul Gala is present.
    Oath Administered is given to the witness.
    He admits the contents of his affidavit of examination in chief as true and correct.  It bears his signature. Heard the ld. Adv of plaintiff on marking of documents. Following documents are exhibited.
    Exh. 10 - Authority letter.
    Exh. 11 - Registrar of Firms receipt with letter.
    Exh. 12 colly.  - Certified copies of 9 invoices.
    Exh. 13 colly. - Certified copies of 9 slips.
    Exh. 14 colly. - Certified copy of accounts with certificate.
    Exh. 15 colly. - Cesrtified copy of dishonored cheques.
    Exh. 16 colly. - Certified copy of Bank Memos.
    Exh. 17 - Certified copy of demand notice.
    Exh. 18 colly. - Certified copy of Registration Slips.
    Exh. 19  colly. - Certified copy of Acknowledgments.
    Exh. 20 - Certified copy of complaint.
    Exh. 21 - Certified copy of Judgment dt. 28.11.2016.
    Exh. 22 - Evidence closing pursis filed by ld. Adv of plaintiff.
    Heard arguments of  ld. Adv of plaintiff.
    Matter stands Adj for ex-parte Judgment to 19/03/2024.
    Next Purpose: JUDGMENT
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: Plaintiff present.
    Adv D. J. Jani for plaintiff present.
    Judgment (Dictated and pronounced in open Court).
    F. R. S. R. following order is passed -
    Order
    1. Commercial Suit No. 350 of 2021 is partly decreed with Costs.
    2. Defendants do jointly and severally, pay the amount of Rs.12,69,795/- with further interest @ 9 percent per annum from the date of due of each invoice till its full realization.
    3. Decree be drawn up accordingly.
    4. Commercial Suit No. 350 of 2021 disposed of accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 19-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 108520/2018
    Filing Date: 28-06-2018
    First Hearing Date: 09th September 2019
    Decision Date: 19th March 2024
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    19 Mar 2024

    Order Details: Ex-parte Judgement Pdf Text: Com. Suit No.350/2021 : 1 : Judgement MHCC010077492018 Presented on : 28062018 Registered on : 16072019 Decided on : 19032024 Duration : YY: MM : DD 05 : 08 : 20 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY COMMERCIAL SUIT NO. 350 Of 2021 (OLD SUMMARY SUIT NO.719 OF 2019) Exhibit23 M/s. Gala Enterprises A Partnership Firm, having office at: 26, Old Hanuman Lane, 1st Cross Lane, Kalbadevi Road, Mumbai – 400002.…

    Read Full Order
    Order 1Full order available
    19 Mar 2024

    Order Details: Ex-parte Judgement Pdf Text: Com. Suit No.350/2021 : 1 : Judgement MHCC010077492018 Presented on : 28062018 Registered on : 16072019 Decided on : 19032024 Duration : YY: MM : DD 05 : 08 : 20 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY COMMERCIAL SUIT NO. 350 Of 2021 (OLD SUMMARY SUIT NO.719 OF 2019) Exhibit23 M/s. Gala Enterprises A Partnership Firm, having office at: 26, Old Hanuman Lane, 1st Cross Lane, Kalbadevi Road, Mumbai – 400002.…

    Read Full Order

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