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Commercial Suit

Mr. Uttam Ganpat BadeVsSarvesh Express Services Pvt. Ltd. +1 more

CNR MHCC01008973201931-COURT 31 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 05th March 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100119/2019
Registration Date
25 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 01-11-2019
    Business: Adv. Arvind Taral for plaintiff present and seeks time.
    Adv. for plaintiff stated that sheriff did not do the service of writ of summons. Sheriff to serve the writ of summons and submit report immediately.
    Adjd for report/taking steps to 11/12/2019.
    Next Purpose: REPORT
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Plaintiff present.
    Adv.Arvind Taral for plaintiff present, he filed original summons to answer plaint. t.o.r
    Adv. for defendant No.1 is present.
    Adv. for defendant No.1 and 2 filed undertaking for filing V/P. t.o.r.
    Matter adjd to 04.01.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 04-01-2020
    
    Date: 04-01-2020
    Business: Nobody present when called at 11.00 am.
    Kb
    Later on
    Adv. Arvind Taral for plaintiff present when called at  11.45 am.
     Adjd for hearing to 13/02/2020.
    Next Purpose: HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Called at 11.00 am
    Adv. Arvind Taral for plaintiff present.
    None for defendant is present.
    Adjd for hearing to 28/02/2020.
    Next Purpose: HEARING
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Called at 11.40 am
    Adv. Arvind Taral for plaintiff present.
    Plaintiff is directed to file affidavit of service of writ of summons.
    Adjd for compliance to 06/03/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Called at 11.10 am
    Adv. Arvind Taral for plaintiff present.
    Exh- 3 Adv. for plaintiff filed affidavit of service. t.o.r.
    The report of bailiff Ajit Kamble shows that writ of summons is duly served to defendant No. 1 and 2 on 05.12.2019.
    Adv. Pranav Devkar has filed undertaking at Exh- 2 that they will appear on behalf of defendant No. 1 and 2 till date the vakalatnama on behalf of defendant is not filed. Hence suit to proceed ex parte against defendant No.
    1 and 2.
    Adjd for ex parte evidence to 02/04/2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: CORAM HIS HONOUR JUDGE SHRI  R.V. KOKARE(C.R.31)
    Both parties and their advs are absent when called out.
    Adjd for  exparte evidence on 03/11/2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Advocate Mr. Taral for plaintiff is present and requested short adjournment for evidence of plaintiff. Request is allowed.
    None present for defendant.
    Adjourned for (ex-parte) evidence to 07.01.2021.
                                                                                      Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv. Arvind Taral for plaintiff present.
    None for defendant.
    Matter is adjd.to 06-02-2021   for Evidence (Ex- parte)
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv. Arvind Taral for plaintiff present.
    None for defendant
    Matter is adjd.to 20-02 -2021 for R/E (ex-parte)
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv. Mr. Arvind Taral for plaintiff present.
    None for defendant.
    PW-1 Mr. Uttam Bade is plff. present.
    Exh.4- Affidavit of PW-1 Mr. Uttam Bade
    Exh.5- List of documents.
    Exh.6- Original agreement dtd. 1St Feb.2018.
    Exh.7(Colly)- Original invoices sent by plff to defts.
    Exh.8- Original cheque bearing no. 405859 issues by the defts to the plff dtd. 13Th dec. 2018 of sum of Rs. 11,30,121/- of Central Bank of India.
    Exh.9- Original cheque deposit slip.
    Exh.10- Original cheque return Memo dtd. 21St dec. 2018.
    Exh.11- Office copy of the complaint letter issued by plff to the Senior Inspector of plice dtd. 20Th Dec. 2018.
    Exh.12- Office copy of the Statutory Notice dtd. 26Th Dec.2018 issued by adv. of plff to deft.
    Exh.13- Original of postal acknowledgment of statutory notice delivered to the deft.
    Exh.14- Pursis filed by adv. Taral for plff.
    Matter is adjd.to 23.02.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: None for plaintiff and defendant.
    Matter is adjd.to 05.03.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Mr.Taral for plaintiff present.
    None for defendant.
    Heard argument of Adv. Mr. Taral for plff.
    Exh.15- Judgment.
    Judgment dictated pronounced in open court.
    F.R.S.R the following order is passed.
    ORDER
    1. Suit is partly decreed with cost.
    2. Defendant nos. 1 and 2, jointly and severally are directed to pay Rs. 15,00,000/- (Rupees Fifteen Lakhs Only) with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
    3. Decree shall be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 05-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109554/2019
    Filing Date: 28-08-2019
    First Hearing Date: 01st November 2019
    Decision Date: 05th March 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Mar 2021

    Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 119/19. 1 Ex-parte Judgment. MHCC010089732019 Presented on : 28-08-2019 Registered on : 25-09-2019 Decided on : 05-03-2021 Duration : 1 years, 6 months, 8 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 119 OF 2019 Exh.15. Mr. Uttam Ganpat Bade, aged 56 years, ) Director of M/s. Omkar Contract Services Pvt. ) Ltd., B-15, Creative Industrial Estate, ) N. M. Joshi Marg, Mumbai 400011 )...Plaintiff Versus 1. Sarvesh…

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