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Commercial Suit

DILIPKUMAR ATMARAM NAGPALVsRonchere Hospitality +2 more

CNR MHCC01008752201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 23rd February 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100150/2019
Registration Date
23 Oct 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

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

Case History / Proceedings

Case History
Date: 29-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Bhargavi Raval for plaintiff present.
Adv. for plaintiff tendered application for extension of time for serving writ of summons upon defendants. -  Allowed
None for defendant
Matter adjd to 27/1/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Business: Adv.Bhargvi Rawal for plaintiff
Adv for plff tendered original w/summons alongwith affdvt of service.
As per the report deft.nos.1 to 3 received service of summons. Absent today. Hence, suit is proceeded exparte against them.
Matter adjd to 5/2/2020 for exparte evidence on behalf of plff.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv.Ms. Gandhi for plaintiff present.
Adv.S.P.Tripathi for defendant present.
Advocate for defendant tender vakalatnama.
Advocate for defendant tender adjournment application for filing written statement.
In view of order dated 27.01.2020 suit is proceeded ex-party against defendant. Therefore, application is not tenable. Hence, rejected.
Today, suit is posted for evidence on the side of plaintiff. Plaintiff remained absent, failed to file evidence on record. No adjournment application is on record. Hence, suit is keep for further order on next date.
Matter adjd to 12.02.2020 for further order.
Next Purpose: ORDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv.for plaintiff absent.
Adv.Mukesh Dubey for defendant present.
Advocate for defendant tender adjournment application - Suit is proceeded ex-parte against defendant. Hence, rejected.
Plaintiff and his advocate absent. Hence suit is proceeded ex-parte against defendant.
Matter adjd to 02.03.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
In view of order dt. 27/1/2020 suit is proceeded ex-parte against def. There after posted 5/2/2020 and 12/2/2020 for ex-parte evidence on the side of plaintiff. However plff. fail to filed ex-parte evidence on record. Absent today, hence I proceeded to pass following order.
Suit is keep for dismissal order on next date.
Matter adjd to 12/03/2020 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv.Bhargavi Rawat for plaintiff present.
Adv.Mukesh Dubey for defendant present.
Witness absent.
Advocate for plaintiff tender application - Seen and filed.
Advocate for defendant tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Copy delivered to the plaintiff.
Matter adjd to 16.03.2020 for compliance/ written reply/hearing on notice of motion.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: Adv. Madhuri Rawat for plaintiff present.
None for defendant.
In view of order dt. 12/3/2020 adv. for defendant tendered draft NM and accordingly leave is granted to NM.  However defendant failed to register the NM, today absent. Hence draft NM stands dismissed with cost.
Matter adjd to 1/4/2020 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Hon\''ble High Court, Bombay, the Hon\''ble I/c. Principal Judge has been pleased to declare holiday on 23.09.2020.
Hence, matter adjd to 06.10.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Business: Court is relieve for MJA Special online training. Hence, Matter adjd to 21.10.2020  for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2020

Date: 21-10-2020
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.143/2020 dtd. 09/10/2020 of this Court.
Matter adjd to 02.11.2020 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-11-2020

Date: 02-11-2020
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   10/11/2020 for recording evidence. P.H.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2020

Date: 10-11-2020
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  04/12/2020 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 18/12/2020 for ex-parte evidence.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 18.01.2021 for Ex-party evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 27.01.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: Adv.Yojana Gandhi for plaintiff present.
None present for defendant.
Matter adjd to 09.02.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: None present for plaintiff.
Adv.Mukesh Dubey for defendant present.
Adjournment application,Exh.9 filed by Adv.of defendant t.o.r.
O-Plaintiff to say.
KB, LO
Adv.Yojana Gandhi for plaintiff present.
Say given by Adv.of plaintiff on Exh.9.
                         ORDER ON EXH.09
          The suit is already proceeding ex-parte against defendant. The application for adjournment by the defendant cannot be entertained is rejected.
KB, LO
Adv.Yojana Gandhi for plaintiff present.
Statement of truth, Exh.10 filed by Adv. of plaintiff t.o.r. O-filed.
Affidavit of examination-in-chief, Exh.11 filed by Adv.of plaintiff t.o.r. O-filed.
PW No.1- Mr.Dilipkumar Atmaram Nagpal resumed on S.A.
List of documents, Exh.12 filed by Adv.of plaintiff t.o.r.
O-The documents annexed with this list Sr.No.1 to 14 are formally exhibited. Its evidentiary value will be considered at the time of final argument.
Undated letter of appointment of plaintiff from defendant company, Exh.13
Undated letter for request of loan from plaintiff from defendant No.1, Exh.14
Bill of exchange dated 08.12.2017 in favour of defendants, Exh.15
Passbook 1 of the plaintiff-Cheque 001198 debited, Exh.16
Letter dated 08.12.2017 showing installments of repayment from defendant No.1, Exh.17
Passbook 1 of the Plaintiff- Showing credit entries, Exh.18
Dishonored cheque and bank memo-August 2018, Exh.19 colly.
Bill of exchange dated 14.02.2018 in favour of defendants, Exh.20
Passbook 2 of plaintiff-Cheque 001248-debited, Exh.21
Letter dated 14.02.2018 showing installments of repayment from defendants, Exh.22
Passbook 2 of the plaintiff-showing credit entries, Exh.23
Dishonored cheque and bank memo-August 2018, Exh.24
Advocates letter dated 29.08.2018 alongwith postal receipts and acknowledgment card, Exh.25 colly.
Reply of the defendants advocate dated 21.09.2018, Exh.26
Matter adjd to 26.02.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv. Rekha Shukla for plaintiff present.
Adv.for defendant absent.
Evidence close pursis filed by Adv. for plaintiff t.o.r.
Matter adjd to 01.03.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: None present for plaintiff.
Adv.Rakesh Dubey for defendant present.
Written statement tendered by Adv. of deft. O-put up for order.
Registered NM No.1151/2020 a/w. affidavit in support of registered NM No.1151/2020.
Adv. of defendant filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
Defendant is directed to serve the plaintiff the copy of draft notice of  motion.
Matter adjd to 10.03.2021 for NM reply.
LO
Adv.Rekha Shukla for plaintiff present.
Matter adjd to 10.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv.Yojana Gandhi for plaintiff present.
None present for defendant.
KB
LO
Adv.Bhargavi Rawal for plaintiff present.
KB
LO
Adv.Rakesh Dubey for defendant present and tendered registered NM No.619/2021 a/w.affidavit of service of registered NM No.619/2021. O-filed.
Copy of notice of motion be served on the advocate of plaintiff.
Matter adjd to 19.03.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Bhargavi Rawal for plaintiff present.
Adv. Kunal Phule for deft present.
Copy served to plaintiff.
Matter adjd to 26.03.2021 for reply on N/M.
Next Purpose: REPLY
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: Adv.Rekha Shukla for plaintiff present.
Adv.Rakesh Dubey for defendant present.
Matter adjd to 01.04.2021 for say and argument on NM No.619/21.
Next Purpose: REPLY
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Adv. Yojna Gandhi for plaintiff is present. She filed affidavit in reply to notice of motion. O:- Filed.
Ld. Adv.  Mukesh dubey h/f Rakesh Dubey  for defendant is present.
he informs that Adv. Shri Rakesh Dubey is Covid-19 positive and seeks adjournment.
Adjourned to 21/04/2021  for argument on N.M
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-04-2021

Date: 21-04-2021
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
Next Purpose: NM  ARGUMENTS
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 argument on NM No.619/2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 11.06.2021 for NM arguments
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 03.07.2021 for NM arguments
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 03.08.2021 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: None present for Plaintiff.
None present for defendant.
Adjd. for NM arguments to 21/8/2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Adv.Bhargavi Rawal i/b.Adv.Rekha Shukla for plaintiff present.
None present for defendant.
Heard the plaintiff on NM 619/2021.
KB for argument of defendant.
LO at 03.40 pm
None present. The defendant absent for the argument of NM No.619/2021, hence, no argument of defendant.
Matter adjd to 27.08.2021 for order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None present for plaintiff.
Adv.J.S. Yadav i/b.S.R. Legal for defendant present. He filed adjournment application, Exh.28. Already no argument order has been passed. He submits to pass the order on NM No.619/21, hence, adjournment application, Exh.28 is disposed off accordingly.
F.R.S.R. the following order is passed on NM 619/2021.
ORDER
1. Notice of Motion No.619/2021 is allowed subject to costs of Rs.1,500/-,  as follows -
(a) The delay in filing notice of motion is condoned.
(b) The order dated 16.03.2020 passed for dismissal of notice of motion No.1151/2020 is set aside and said notice of motion is restored to its original form.
(c) The compliance as to payment of costs shall be made on or before next date.
2. Notice of Motion No.619/2021 is disposed off accordingly.
Matter adjd to 09.09.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: N.O.B.T.O.B. BY PRECIPEE
Adv.Yojana Gandhi h/f.Adv.Rekha Shukla for plaintiff present. She filed application, Exh.29 for matter taken on today\''s board.
O-Allowed to take case on today\''s board.
Adv. of plaintiff filed application, Exh.30 with request to return of original documents t.o.r.
Heard the plaintiff and following order is passed.
Order on Exh.30
       The plaintiff requested for return of original documents filed at Exh.15, Exh.19 (colly.), Exh.20 and Exh.24 (cheque and cheque return). Plaintiff requires these documents to produce in Criminal Case. Hence, allowed to return the documents stated above, on condition to produce certified copies of the same on record before taking back documents and on the condition that the plaintiff shall produce the original again before this Court.
Matter already adjd to 01.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.35 pm
Adv.Bhargavi Raval h/f.Adv.Rekha Shukla for plaintiff present.
Adv.Rakesh Dubey for defendants present.
The defendant has paid the costs of Rs.1,500/- to the plaintiff today in compliance to the order dated 27.08.2021 in NM No.619/21. In view of aforesaid compliance. The written statement already filed by record is accepted and marked as Exh.31.
Matter adjd to 26.10.2021 for admission and denial.
LO at 04.20 pm
Adv.Bhargavi Raval h/f.Adv.Rekha Shukla for plaintiff present. She filed pursis, Exh.32 for withdrawing original documents and replace the same with certified copies t.o.r.
   In compliance with the order dated 23.09.2021, the plaintiff has produced certified copies of original documents which are to be taken by the plaintiff. Hence, certified copies are taken on record and original documents at Exh.10, Exh.12 and Exh.16 are returned to the plaintiff. Endorsement to that effect is made by the plaintiff below roznama.
Matter already adjd to 26.10.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
LO at 12.09 p.m.
Adv. Yojana Gandhi i/b Adv. Rekha Shukla for plaintiff present.
Adv. Rakesh Dubey for defendant present.
Plaintiff undertake to serve copy of document filed at Exh.12 to defendant.
On oral request of the parties adjd. to 25.11.2021 admission and denial by both parties.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv.Yojana Gandhi i/b.Adv.Rekha Shukla for plaintiff present.
None present for defendant.
KB as plaintiff is filing pursis for admission and denial.
LO at 11.45 pm,
Adv.Yojana Gandhi i/b.Adv.Rekha Shukla for plaintiff present.
The plaintiff filed pursis, Exh.33 in respect of admission and denial contending that the defendant has not tendered any document with written statement and hence, there is no admission and denial by the plaitiff. Pursis t.o.r.
KB
LO at 12.49 pm,
Adv.Rakesh Dubey i/b. S.R.Legal for defendant present.
The defendant filed draft chamber summons (for amendment in the written statement) a/w. affidavit in support.
O-Leave granted to register draft chamber summons.
Matter adjd to 14.12.2021 for service affidavit in ch/s by the deft. and admission and denial by the deft.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 10.02.2022 for service affidavit in ch/s by the defendant and admission and denial by the defendant.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 28.02.2022 for tendering registered Ch/s and admission and denial by defendant and service affidavit in Ch/s.
L.O at 12.10 p.m.
Adv. Bhargvi Raval for plaintiff present.
Matter already adjd. to 28/02/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: None present for plaintiff.
Adv. Rakesh Dubey  present for defendant.
Advocate for defendant tendered registered Chamber Summons No.1870/21 alongwith affidavit. t.o.r.
Matter adjd to 21/03/2022  for  Service affidavit in Ch/s and reply in Ch/s.
L.O. at 01.27 p.m.
Adv. Ms. Yojana Gandhi h/f Adv. Rekha Shukla for the plaintiff is present.
Next Purpose: C/S REPLY
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Court on Leave
Next Purpose: C/S REPLY
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv.Bhargavi Rawal i/b.Adv.Rekha Shukla for plaintiff present.
None present for defendant.
The plaintiff filed reply to chamber summons No.1870/21 t.o.r. and marked as Exh.34.
Copy of reply is kept on record for furnishing same to the defendant.
Matter adjd to 26.04.2022 for ch/s. reply.
                                                                                              Judge
LO at 03.55 pm,
Mr.Sanjay Kanthe, clerk for defendant S.R. Legal present before Court. He received copy of reply filed by plaintiff in Ch/s.No.1870/21.
Matter adjd to 26.04.2022 for ch/s. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv.Bhargavi Rawal h/f.Adv.Rekha Shukla for plaintiff present.
Adv.Rajesh Dubey i/b.S.R. Legal for defendant present.
KB
LO at 02.00 pm
Adv.Bhargavi Rawal h/f.Adv.Rekha Shukla for plaintiff present.
Adv.Rajesh Dubey i/b.S.R. Legal for defendant present.
With consent of both parties, matter adjd to 06.06.2022 for Chs. hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv Yojna Gandhi present for plaintiff.
Adv J.S. Yadav i/b Ramesh Dubey present for defendants.
On request of adv for deft. matter is adjd.
Matter adjd to 28.06.2022 for Chs hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Bhargavi Raval Present for Plff.
None Present for Deft.
KB.
LO 12.15 pm.
None Present for Deft.
Adj. For Hearing of CS 1870/21 on 22/07/2022.
LO 1.00
Adv. Rakesh Dubye Present for Deft.
Adj. For Hearing of CS 1870/21 on 22/07/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Bhargavi Raval Present for Plff.
None Present for Deft.
Adj. For Hearing on CS 1870/21 on 05/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Bhargavi Raval Present for Plff.
None Present for Deft.
Adj. For Hearing on CS 1870/21 on 07/09/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Bhargavi Raval I/b Rekha Shukla Present for Plff.
None Present for Deft.
Defts and their advocates are absent from last three dates. Their CS for amendment in WS is pending for hearing. Hence case be fixed for dismissal for CS 1870/21 on 30/09/2022.
Next Purpose: CS FOR DISMISSAL
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: Adv. Bhargavi Raval h/f Adv. Rekha Shukla Present for Plff.
None Present for Deft.
Today case is for dismissal of CS 1870/21 which is pertaining to amendment in WS. However defts and their advocates absent since long. Hence CS 1870/21 stands dismissed for want of prosecution.
Adj. For Admission and denial on 12/10/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: None present.
Adj. For Admission and denail on 15/11/2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Yojana Gandhi Present for Plff.
None Present for Deft.
Ex.35 - adv of plff has filed pursis informing that deft has not file any document hence no admission and denial.
Adj. For Draft issues and CMS hearing on 30/11/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: None present for both the parties.
Case adjourned for draft issues to 23/12/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: None Present for Plff.
None Present for Deft.
From last two dates case is for draft issues and CMS  hearing. However both parties have not filed draft issues and remained absent. Hence this court has frame issues at Exh.30.
Exh.36 - Issues framed.
Issue no.5 “whether subject matter of the suit is commercial dispute under section 2(1)(c) of the Commercial Courts Act?” will be tried as a preliminary issue.
Adj. For Hearing on Preliminary issue on 18/01/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: Court is on leave. Hence adj.to
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: None present.
Adj. For hearing on Preliminary issue on 23/02/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Bhargavi Raval I/b Rekha Shukla Present for Plff.
None Present for Deft.
KB
LO at 12.45 p.m.
Adv. Bhargavi Raval I/b Rekha Shukla Present for Plff.
None present for Deft.
Exh.37 Adv. for plaintiff has filed application for withdrawing the suit.
Plaintiff present and he contended that he want to withdraw the suit unconditionally. Allowed. Hence, following order.
                                ORDER
1. Suit stands disposed of being Withdrawn.
2. Court fees be returned as per rule.
Nature Of Disposal: WITHDRAWL
Disposal Date: 23-02-2023

Additional Case Details

Additional Case Details
Filing Number: 109316/2019
Filing Date: 22-08-2019
First Hearing Date: 29th November 2019
Decision Date: 23rd February 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
23 Feb 2023
Order Details: Other
Pdf Text: 23.02.2023
12
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
150/19
Exh.37
Adv. Bhargavi Raval I/b Rekha Shukla Present for Plff.
None Present for Deft.
KB
LO at 12.45 p.m.
Adv. Bhargavi Raval I/b Rekha Shukla Present for Plff.
None present for Deft.
Exh.37 Adv. for plaintiff has filed application for withdrawing the
suit.
Plaintiff present and he contended that he want to withdraw the suit
unconditionally. Allowed. Hence, following order.
ORDER
1. Suit stands disposed of being Withdrawn.
2. Court fees be returned as per rule.
Judge
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