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Commercial Suit

Jaysynth Impex Ltd.VsM/s. Gurudev Textiles Processors Pvt. Ltd.

CNR MHCC01007999201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 11th February 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100101/2019
Registration Date
31 Aug 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 30-09-2019
Business: Adv. Mansi Jain for Plaintiff
KB
LO
Mr. Shyam Jain director of defendant present.
He filed authority letter dated 30.09.2019 t.o.r.
KB
LO
Defendants are directed to file their Written statement within prescribe period from date of receipt of W/s
Adjd. To 22.10.2019  for Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Adv. C.D. Mishra for plaintiff present.
None present for defendant.
Adjourned for direction to 21.11.2019
LO
Director of defendant Mr. Shyam Jain present.
Ex 2 He filed Written statement. t.o.r.
Copy of W/S be served upon plaintiff.
Now, adjourned for inspection of documents to 21.11.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. C.D. Mishra for plaintiff present.
Adv. For plaintiff submitted that written statement is filed by defendant after matter was adjourned, so he could not give notice of inspection of the document to the defendant and sought time for inspection of document.
O-  Time is granted as prayed.
Adjourned to 19.12.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: Adv. Mansi Jain for plaintiff present.
Director of defendant Mr. Shyam Jain present.
Inspection has not been done.
Adjourned for admission denial of documents to 18.01.2020
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 18-01-2020

Date: 18-01-2020
Business: Adv. C.D. Mishra for plaintiff present.
Director of defendant Mr. Shyam Jain present.
He sought time to submit say about admission and denial of document.
O- Short time is granted as last chance.
Adjourned to 24.01.2020 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Adv. C.B. Mishra for plaintiff present.
Director of defendant Mr. Shyam Jain present.
Parties have not completed admission and denial of documents despite granting opportunities therefore now matter is posted for case management.
Adjourned for case management to 3.02.2020
Next Purpose: FOR___________________
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: As court is on leave, Hence board adjd.
Next Purpose: FOR___________________
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv C. B. Mishra for plff present.
Director of deft present.  He submitted that after filing of suit, he paid Rs. 50,000/- to Plff on 03/02/2020.
Exh 03 - He filed application to deposit remaining amount within 16 months by instalments. t.o.r.  Copy served to Adv for plff.
Matter stands Adj for reply on Exh. 03 and case management hearing to 14/02/2020.
Next Purpose: REPLY
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Shyam Jain, Director of deft present.
Adv Manasi Jain for plff present.
She filed reply on Exh. 03.
Matter stands Adj for hearing on Exh. 03 to 25/02/2020.
Next Purpose: HEARING
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Adv C. D. Mishra for plff present.
Deft in person present.
Matter stands Adj for hearing on Exh. 03 to 13/03/2020.
Next Purpose: HEARING
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv.Mansi Jain for plaintiff present.
Adv.for defendant absent.
Defendant tender application Exh.No. 3 and submitted proposal for settlement. However, plaintiff endorsed in writing that the proposal submitted by defendant is not acceptable. Hence, Exh.No.3 - Seen and filed.
Matter adjd to 24.03.2020 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
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: FRAMING ISSUES
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: FRAMING ISSUES
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: FRAMING ISSUES
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization.  No urgency.
Matter adjd to 03.07.2020 for Arguments for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: FRAMING ISSUES
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  27/11/ 2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 27-11-2020

Date: 27-11-2020
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 16/12/2020 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv.C.D.Mishra for plaintiff present.
None for defendant.
Perused Suit record plaintiff fail to file original documents alongwith statement of truth.
Defendant also fail to file documents in support of his defense.
As per the procedure of Commercial Court Act it is necessary on the part of plaintiff to tender documents  along with plaint and also submit statement of truth in support of Suit claim.
However, both the parties fail to comply procedure of Commercial Court Act.
Both the parties are directed to take steps as per the procedure of Commercial Court Act.
Adjd to 18.01.2021 for Compliance/ Steps.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
Matter adjd to 09.02.2021 for filing evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
Witness Mr.Rajendra Harmalkar present.
The suit is wrongly placed for filing of evidence, in fact the statement of truth, Exh.4 is filed by plaintiff. Further, the suit needs to be posted for admission and denial of documents. Moreover, the issues are yet to be framed.
Matter adjd to 24.02.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv.Mr.C.D. Mishra for plaintiff present.
None present for defendant.
Statement of truth, Exh.5 filed by Adv. of plaintiff t.o.r. O-filed.
Matter adjd to 11.03.2021 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: None present for plaintiff.
None present for defendant.
Issues framed, Exh.6
Matter adjd to 17.03.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv.C.D. Mishra for plaintiff present.
None present for defendant.
KB
LO
Adv.C.D. Mishra for plaintiff present.
Pravin Jain, Director present.
The defendant submits that they intend to settle. They will talk with the plaintiff, they seek short adjournment. In the interest of justice, adjournment is granted. Put up in Lok-nyayala
Matter adjd to 10.04.2021 for Lok-nyayalay and 15.04.2021 before regular Court.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 10-04-2021

Date: 10-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions  Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays matter is adjourned to 26.04.2021
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 03.05.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: None present for plaintiff.
Mr. Nishit Jain, Representative of Director Mr. Pravin Jain of defendant present.
Due to rise in Covid cases, matter adjd to 23.06.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Business: PO is on Leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 08.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 16.07.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: HHJ is on Leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 31-07-2021

Date: 31-07-2021
Business: PO is on Leave.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 15-08-2021

Date: 15-08-2021
Business: Wrongly on board.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Pratik Jain, representative of defendant is present.
None present for plaintiff.
This matter was on 31.07.2021, next date was fixed as 05.08.2021 but wrong date was entered as 15.08.2021 in CIS, hence, it is taken on today\''s board.
Matter adjd to 23.08.2021 for case management hearing.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv.C.D.Mishra for plaintiff present.
Mr.Pravin Jain, representative of defendant present.
Matter adjd to 07.09.2021 for admission and denial of documents.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of defendant present.
The plaintiff filed application, Exh. to rectify the mistake in stating the affidavit of evidence as statement of truth. O-Otherside to say.
Copy of said application is not furnished to the defendant. Plaintiff undertakes to furnish the copy on the next date, hence, adjourned for admission and denial and for furnishing copy to the defendant on 30.09.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
None present for defendant.
The plaintiff tendered pursis, Exh.8 that defendant has not relied on any document, therefore, the plaintiff has no say on documents t.o.r.
KB
LO at 02.00 pm
Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of company present
Matter adjd to 12.10.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit V.Jain for plaintiff present.
None present for defendant.
KB
LO at 12.11 pm,
Adv.C.D.Mishra h/f.Adv.Lalit V.Jain for plaintiff present.
Mr.Pravin Jain, director of defendant company present.
The defendant tendered authority letter in favour of Nishit Jain t.o.r. It is marked as Exh.09.
Say filed by representative Nishit Jain for the defendant on Exh.07 itself.
Heard both the sides on application Exh.7.
ORDER ON APPLICATION EXH.7
       Allowed to correct endorsement on docket of Exh.4 and allowed to file the original documents.
The plaintiff tendered list of documents, Exh.10 t.o.r.
Copy of Exh.10 is furnished to otherside. Endorsement is made.
Matter adjd for admission and denial on 21.10.2021.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Adv.Smita Durve i/b.Adv.Shah present for defendant. She undertakes to file vakalatnama on behalf of defendant on next date.
KB
LO at 12.15 pm,
Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, director of defendant company present.
Mr.Pravin Jain filed adjournment application, Exh.11 t.o.r.
O-Time granted as a last chance.
Matter adjd to 28.10.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-10-2021

Date: 28-10-2021
Business: Adv.C.D.Mishra for plaintiff present.
None present for defendant.
KB
LO at 1.05 p.m.
Adv.C.D.Mishra for plaintiff present.
Mr.Pravin Jain, Director of defendant company is present. He filed draft proposal for settlement t.o.r. marked as Exh.12.  Copy of same is received by the plaintiff.
The plaintiff filed say thereon contending that the plaintiff is rejecting the proposal as there are delayed tactics of the defendant.
The defendant  has not filed admission and denial. Hence, case to proceed without admission and denial
Matter adjd to 22.11.2021 for CMH and framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv.C.D.Mishra for plaintiff present.
Nishit Jain, Representative of defendant present.
Heard the parties on CMH. Issues are already framed on 11.03.2021. The plaintiff has produced evidence at Exh.04 on 09.02.2021. The plaintiff submits that there will be only one witness of the plaintiff. Defendants submits that there will be no witness of the defendant. Suit is on the stage of cross of plaintiff.
Following schedule is fixed for the trial.
On or before 10.12.2021 for marking of document and cross-examination of PW 1.
On or before 23.12.2021 for closing of evidence by the plaintiff/arguments.
On or before 05.01.2022 for argument/judgment.
Or or before 10.01.2022 for judgment if it is not delivered on 05.01.2022.
Matter adjd to 08.12.2021 for marking of document and cross-examination.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv.C.D.Mishra i/b.Adv.Lalit Jain for plaintiff present.
None present for defendant.
Plaintiff submits that he wants to file chamber summons for amendment.
KB
LO at 12.45 pm,
Adv.C.D.Mishra i/b.Adv.Lalit Jain for plaintiff present.
Nishit Jain, Representative of defendant present.
The plaintiff tendered draft chamber summons a/w. affidavit.
O-Leave granted to register chamber summons.
   Copy of draft chamber summons furnished to defendant. Endorsement to that effect is made.
Matter adjd to 15.12.2021 for ch/s. reply, marking of documents and cross.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court time is over.
Matter is adjd on 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. C.D. Mishra h/f adv. Lalit Mishra present for plaintiff.
Defendant present. Adv. absent.
plaintff wants to tender registered Ch/s, hence KB.
LO at 1.09 p.m
The plaintiff wants to tender CS, hence
Matter adjd to 14/01/2022 for CS.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: Adv. Mr. Bhargav Gagwani for plff present.
Deft Pravin Jain in person present.. kept back for filing chamber summons.
Later on 12.15 p.m.
Adv. Shri C.D.Mishra for plaintiff present and filed application to accept the duplicate copy of registered Chamber Summons as original is lost by the plaintiff. t.o.r. and marked as Exh. 13.
Heard the Ld. Advocate for the plaintiff.
Read the application.
                                        Order on Exh. 13:
On 18.12.2021the plaintiff tendered draft Chamber Summons along with affidavit. Leave was granted to register the draft Chamber Summons. The plaintiff received the chamber summons for registration of the same. It has been registered as Chamber Summons as 1851 of 2021.  However, the plaintiff was unable to tender the registered  Chamber Summons as same was not traceable.   The Ld. Advocate for the plaintiff submitted that the original Chamber Summons has been lost.  He pressed to accept the duplicate copy of registered Chamber Summons. Considering the default on the part of the plaintiff, the duplicate copy of Chamber Summons is t.o.r. subject to costs of Rs. 500/- for legal aid.
Matter adjd to 20.01.2022 for reply of defendant on Duplicate  Chamber Summons No. 1851/2021
Next Purpose: REPLY
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Adv.C.D.Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, representative of defendant present.
The defendant filed handwritten reply in chamber summons.
Heard both parties on ch/s.1851/21.
F.R.S.R. the following order is passed
ORDER ON CH/S.1851/21
1.Chamber Summons No.1851/2021 is allowed.
2. The plaintiff is allowed to carry out the amendment as proposed in Chamber Summons.
3. Chamber Summons is disposed off accordingly.
Matter adjd to 27.01.2022 for compliance of amendment/affirmation of PW-1 in respect of Exh.4/marking of documents and cross-examination of PW-1.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Adv.C.D. Mishra h/f.Adv.Lalit Jain for plaintiff present.
Mr.Pravin Jain, representative of defendant present.
Oath is affirm in respect of affidavit of evidence, Exh.4.
Heard both parties. Following order is passed in respect of case management is passed.
ORDER BELOW EXH.1
1. On today, 27.01.2022, marking of documents.
2. On 31.01.2022, cross-examination of PW-1.
3. On or before 05.02.2022, further evidence.
4. On or before 14.02.2022, evidence of defendant if any/ argument.
5. On or before 18.02.2022, argument/judgment.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1. The document at Sr. No.1 is copy of resolution dated 28.01.2019. Read the contents of Para No.2 of affidavit of evidence. It is marked as Exh.14.
2. The document at Sr. No.2 is email of purchase order dated 21.11.2017. Read the contents of Para No.3 of affidavit of evidence and certificate u/S.65B, document is marked as  Exh.15.
3. The document at Sr. No.3 is email of purchase order dated 28.11.2017. Read the contents of Para No.3 of affidavit of evidence and certificate u/S.65B, document is marked as  Exh.16.
4. The document at Sr. No.4 is email of purchase order dated 20.12.2017. Read the contents of Para No.3 of affidavit of evidence and certificate u/S.65B, document is marked as  Exh.17.
5. The document at Sr. No.5 is purchase order dated 16.01.2018. Read the contents of Para No.3 of affidavit of evidence. Document is marked as  Exh.18.
6. The document at Sr. No.6 is purchase order dated 02.02.2018. Read the contents of Para No.3 of affidavit of evidence. Document is marked as  Exh.19.
7. The document at Sr. No.7 is purchase order dated 17.02.2018. Read the contents of Para No.3 of affidavit of evidence. Document is marked as  Exh.20.
8. The document at Sr. No.8 is purchase order dated 03.03.2018. Read the contents of Para No.3 of affidavit of evidence. Document is marked as  Exh.21.
9. The document at Sr. No.9 is purchase order dated 10.03.2018. Read the contents of Para No.3 of affidavit of evidence. Document is marked as  Exh.22.
10. The document at Sr. No.10 is purchase order dated 23.08.2018. Read the contents of Para No.3 of affidavit of evidence. Document is marked as  Exh.23.
11. The document at Sr. No.11 (page No.11-64) are 53 invoices. Read the contents of Para No.4 of affidavit of evidence. It is marked as Exh.24 (colly.).
12. The document at Sr. No.12 are (page No.65-70) 6 lorry receipts Read the contents of Para No.6 of affidavit of evidence. It is marked as Exh.25 (colly.)
13. The document at Sr. No.13 (71-100) statements of accounts. Read the contents of Para No.8 of affidavit of evidence. It is marked as  Exh.26.
14. The document at Sr. No.14 to 16 (page No.101-104) are plaintiffs emails. Read the contents of Para No.9 of affidavit of evidence and certificate u/S.65B, documents are marked as Exh.27, Exh.28 (colly.).
15. The document at Sr. No.17 to 19 (page No.105-107) are defendants emails. Read the contents of Para No.9 of affidavit of evidence and certificate u/S.65B, documents are marked as Exh.29, Exh.30 (colly.)
16. The document at Sr. No.20 is demand notice dated 09.01.2019. Read the contents of Para No.10 of affidavit of evidence. It is marked as Exh.31.
17. The document at Sr. No.21 is postal slips dated 09.01.2019. Read the contents of Para No.11 of affidavit of evidence. It is marked as Exh.32.
18. The document at Sr. No.22 are acknowledgment cards. Read the contents of Para No.12 of affidavit of evidence. It is marked as Exh.33.
19. The document at Sr. No.23 is defendants advocate reply dated 19.01.2019.  Read the contents of Para No.13 of affidavit of evidence. It is marked as Exh.34.
20. The document at Sr. No.24 is certificate U/S.65B. It is marked as Exh.35.
Matter adjd to 31.01.2022 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv.  C. D. Mishra  present for plaintiff.
None present for defendant.
KB.
LO at 12.55 pm.
Adv.  C. D. Mishra  present for plaintiff.
witness present.
Defendant present.
Cross examination by the defendants authorized representative   Mr. Nishit Jain  in person . Cross finish of PW -1.
Adv. for plaintiff filed evidence closed pursis t.o.r marked as Exh.36.
Matter adjd to 05.02.2022 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.07 pm,
Adv.C.D.Mishra for plaintiff present.
Mr.Nishit Jain, authorised representative of defendant present. He filed evidence close pursis, Exh.37 t.o.r.
Matter adjd to 07.02.2022 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As per circular dated 27/2022 holiday declared.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv. Mr.  C. D. Mishra present for plaintiff.
None for defendant.
L.O. at 12.48 p.m.
Representative of defendant is present.
Heard arguments of both sides.
Matter adjd to 11/02/2022 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.25,00,175/- (Rupees Twenty Five Lakhs One Hundred Seventy Five Only)  alongwith interest at the rate of 12 percent p.a. on Rs.21,16,595/- (Rupees Twenty One Lakhs Sixteen Thousand Five Hundred Ninety Five Only) from the date of filing of this suit till the date of realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 11-02-2022

Additional Case Details

Additional Case Details
Filing Number: 108481/2019
Filing Date: 31-07-2019
First Hearing Date: 30th September 2019
Decision Date: 11th February 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
11 Feb 2022

Order Details: Copy of Judgment Pdf Text: .. 1.. MHCC010079992019 Presented on : 31.07.2019. Registered on : 31.08.2019. Decided on : 11.02.2022. Duration : Y2,M6,D12. Exhibit38. IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI COMMERCIAL SUIT NO.101 OF 2019 JAYSYNTH IMPEX LIMITED ] A Company incorporated under, ] The provisions of Indian Companies Act, ] and Having its registered office at, ] E16, Everest Building, Tardeo Road, ] Tardeo, Mumbai400 034 ] Through Mr. Rajendra Harmalkar ] the Senior…

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