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SUIT - SHORT CAUSE CIVIL SUIT

Shri Krishna Murarilal Prabunath DasVsM/s. Neulife Nutrition India Pvt Ltd +1 more

CNR MHCC01008047201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 01st July 2022

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
101725/2021
Registration Date
01 Sept 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-09-2018
    Business: Adv. Ajay Jaiswal for plaintiff present.
    O-Granted.
    Exh-1 Plaint
    Exh-2 Vakalatnama
    Exh-3 Memorandum of register address
    Exh-4 List of documents.
    Adv. Ajay Jaiswal for plaintiff filed application for extension of time to issue summons.
    Matter is adj for filing service report on 05/01/19.
    Next Purpose: REPORT
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Plaintiff and advocate absent.
    Representative of defendant present.
    Matter is adj for filing service report on 13/03/19.
    Next Purpose: SERVICE
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Plaintiff and advocate absent.
    Exh-6 Adv. Ashish Gupta tendered vakalatnama for defendant present.
    O-Filed.
    Matter adj for filing written statement on 30/04/19.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Exh-7 (Colly) Adv.Jaiswal for plaintiff tendered service affidavit alongwith writ of summons.
    Exh-8 Adv.Ashish Gupta for defendants tendered written statement.
    O-R and R.
    Matter adj for framing of issues on 25/07/19.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Plff. and deft. absent.
    Adv for plff. is absent.
    Adv Mr.Ashish Gupta I/b Laxmi Association for deft. present.
    Tendered draft issues.
    Matter adjd to 03/10/2019  for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. for plaintiff absent.
    Adv. for defendant absent.
    Matter adjd to 16.12.2019 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv.for plaintiff absent.
    Adv.for defendant absent.
    Matter adjd to 14.02.2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Adv.for plaintiff absent.
    Adv.M. Pawar for defendant present.
    Issues are framed.
    Matter adjd to 23.03.2020 for recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Adjd to 01-03-2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None for plaintiff
    Adv. Ashish gupta for defendant
    Adjd to 19-07-2021 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: None for plaintiff.
    Adv. Tanvi Mehta for defts. present.
    In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 11.08.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None for plaintiff.
    Adv. Ashish Gupta for deft. present.
    The matter is adjd for evidence to 06.09.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plaintiff.
    Adv. Tanvi Mehta for deft. present.
             Perused the proceeding sheet and plaint.
    2.     Suit was initially registered as a Short Cause Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
    3.    Section 12 of the Commercial Courts Act, 2015  makes a provision for determination of specified value.  As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
    4.    Plaintiff is seeking recovery of the amount of Rs.1,24,182/-.  He has also valued the suit for said amount. Thus, as per section 12(1)(a) of  the Commercial Courts Act, 2015, specified value of the present suit would be Rs.1,24,182/-.  Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 27.09.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: None present for Plaintiff.
    	Adv. Tanvi Mehta present for Defendants.
    	KB
    	LO at 3.30 p.m.
    	Adv. Ashish gupta for deft present.
    	The suit has been transferred from CR. No. 14.  The roznama goes to show that in said court also the pltff not regularly appeared.  The issues were framed on 14/02/2020.  But since then, even excluding the period of Pandemic COVID-19, the pltff remained absent and not led the evidence.  Therefore, now there is no reason to again grant the time.  But instead of dismissing the suit today for want of prosecution, it is kept for that order on next date so that pltff may take care of his suit.
    	Matter adj. to 13/12/2021 for Dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Matter pertains to C.R.No.59
    None present for plaintiff.
    Adv. Ashish Gupta for defendant present.
    Matter Adjd for dismissal order on 27/01/2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Court is Vacant.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: P.O.is on Training
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Matter called out at 11.13 Am
    None present  for plff
    Adv Ashish Gupta @ Mustafa Menon I/b Lexim Associates for Defendant present.
    Matter  not traced out.
    K.B. L.O. at 2.00 Pm
    None present for plff.
    Adv for defs present.
    Matter is for dismissal order.  However, one last opportunity is given to the plff. Matter is fixed for dismissal order on next date.
    Matter is adjd on  01.07.2022 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Matter called out at 11.26 am
    None for plff
    Adv Ashish Gupta and Mustafa Menon I/b Laxmi Associates for Defendant present
    Since 13.012.2021 the matter is for dismissal order because of the absence of plff and failure to lead evidence by the plff.  On the last date the matter is adjd giving one last opportunity to the plff.  Today as well the plff is absent.  No request for adjd.  It seems that plff is not interest to proceed with the suit.
    Therefore, suit stands dismissed in default under Order 9 Rule 3 of CPC.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 01-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108907/2018
    Filing Date: 04-07-2018
    First Hearing Date: 24th September 2018
    Decision Date: 01st July 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    01 Jul 2022
    Order Details: Other
    Order 1
    01 Jul 2022
    Order Details: Other

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