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Commercial Suit

M/s. Esteem Industries Pvt. Ltd.VsM/s. Wildfab Textural Additives Company through it sProprietor Shri K. K. Mukherji

CNR MHCC01009026201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th April 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100193/2019
Registration Date
15 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 37

Case History / Proceedings

Case History
Date: 16-12-2019
Business: Adv. Archana for plff present.
Adv. for plff seeks extension of time to serve writ of summons. Time granted till next date.
Matter adjd for writ of summons on 07/01/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Archana for plaintiff present.
On the request of Ld. Counsel for plaintiff matter is adjourned for filing service affidavit.
Matter adjd for service affidavit on 22/01/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: Adv. Archana Varpe for plaintiff present.
None present for defendant.
KB
LO at 1.10 pm.
Plaintiff advocate filed affidavit of service. TOR. O-Seen.
Matter adjd for hearing and passing order against defendant to 04.02.2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Adv. Archana Varpe for plaintiff present.
None for defendant.
KB. L.O. at 12.16 pm
On the oral request of Ld. Counsel for plaintiff matter is adjourned.
Matter adjd for hearing and passing order against defendant about service of writ of summons to 25-02-2020 at 11.00 am.
Next Purpose: HEARING
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: None present.   KB. L.O. at 11.58 am
Adv Sachin Bhaskar for plaintiff present.
None for defendant.
Ex.03   Ld Adv for plaintiff filed application for substitute service u/o 5 rule 20 CPC.
Heard Ld Adv for plaintiff. Keep for order on Ex.03
Matter adjd for order on Ex.03 to 07-03-2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Adv.Sachin Bhaskar for plaintiff present.
None for defendant.
Ld Adv for plaintiff not pressed application Ex.03. Hence it is seen and filed.
Ld adv for plaintiff submits that he has wrote letter to the Postal Department to inform delivery status of the said post.
Matter adjd for additional service affidavit to 23-03-2020 at 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-06-2020

Date: 26-06-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Business: National Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Business: National Lockdown
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for affidavit of service to 14.01.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Adv. Yuvraj Tribhuvan for plaintiff prayed for adjournment to take proper steps.
None for defendant
Matter is adjd.to 10-03-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv. Mr. Vaibhav Kamble for plaintiff present.
None for defendant.
Exh.4- Application submitted by plff. for issuance of fresh summons- Granted.
Matter is adjd.to 07.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. Mr. Vaibhav Kamble for plaintiff.
None for defendant.
Exh.5 – Application submitted by plff for extension of time to serve summons – Granted.
Matter is adjd.to 07.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None for plaintiff.
Considering  Exh. 4 and 5, the plaintiff is directed to take steps for service of writ of summons on the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 21-09-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Adv. Sachin Bhaskar for plaintiff present and submitted that the defendant is already served with writ of summons as per affidavit of service Exh. 2 and track report downloaded from official web site of the post office Exh. A. I have gone through Exh. 2 as well as Exh. A. Copy of writ of summons is delivered to the defendant on 01-01-2020. The defendant failed to appear after service of writ of summons. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 07-10-2021 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Vaibhav Kamble for plaintiff present and prayed for adjournment.
Matter is adjd.to 18-11-2021 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Vaibhav Kamble for plaintiff present.
Matter is adjd.to 10-01-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-01-2022

Date: 10-01-2022
Business: Adv. Vaibhav Kamble for plaintiff present.
Matter is adjd.to 02-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-02-2022

Date: 02-02-2022
Business: Adv. Vaibhav Kamble for plaintiff present  and prayed for adjournment  short date be given.
Matter is adjd.to   03-03-2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: Adv. Vaibhav Kamble for plaintiff present  and prayed for adjournment - short date be given.
Matter is adjd.to 07-04-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv. Vaibhav Kamble  for plaintiff present  and prayed for adjournment - short date be given.
Matter is adjd.to  16-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Vaibhav Kamble for plaintiff present and seeks time to file evidence.
Adjd for exparte evidence to 20/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: Adv. Vaibhav Kamble for plaintiff present and seeks time to file evidence.
Matter is referred to Lok Adalat.
Issue notice to both parties to remain present at Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13.08.2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv. Vaibhav Kamble for plaintiff present and seeks time to file exparte evidence.
Adjd for exparte evidence to 07/09/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Vibhav Kamble for plaintiff present and sought time for filing affidavit of examination chief.
Matter adjd to 22.11.2022 for Ex-Parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv Vaibhav Kamble for plaintiff present and sought adjournment - Granted as strictly last chance.
Adjd. to 10.12.2022 to exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Adv. Vaibhav Kamble for plaintiff present and seeks time to file evidence. Plaintiff directed to  adduce evidence on next date failing which further orders will follow
Adjd for exparte evidence to 03/01/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Adv. Archana Warpe for plaintiff present and sought time to file evidence. Granted.
Adjd for exparte evidence to 23/01/2023
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: P.O. is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: None present.
plaintiff  Is directed to adduce the evidence.
k/b. Representative of plaintiff Present.
Adv. for Archna varpe plaintiff present.
None for Defendant.
Affidavit of examination of chief of plaintiff namely R.F.Sayyad is file present before the court.
Order : Arif Sayyed is present before court. He admits contents of affidavits Hence it is read and recorded.
List of Documents Order filed.
Case is adjourned for ex-parte evidence to 6.03.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: None present.
Plaintiff is directed to adduce the evidence.  Otherwise further will be passed.
LO 11.30 pm
Adv Vaibhav Kamble for plaintiff present.
He sought time for evidence.  O- Granted.
Case is adjourned on 18.03.2023 for Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present.
Plaintiff directed to adduce evidence.
Case is adjourned to 18.04.2023 for recording exparte evidence.
LO
Adv. Sachin Bhaskar for plaintiff present.
Witness present.
Oath is administered to the witness. Following documents are marked as Exhibit.
Exh.8
Authority letter.
Exh.9 Colly
Tax invoices, Delivery and Lorry Receipt Challans
Exh.10 Colly
Debit notes
Exh.11
Emails
Exh.12
Ledger account
Exh.13
Legal notice
Exh.14
True copy of non starter report
Defendant is absent. Hence no cross examination.
Exh.15
Evidence closure pursis filed by the plaintiff. O read and recorded.
Exh.8
Authority letter.
Exh.9 Colly
Tax invoices, Delivery and Lorry Receipt Challans
Exh.10 Colly
Debit notes
Exh.11
Emails
Exh.12
Ledger account
Exh.13
Legal notice
Exh.14
True copy of non starter report
Defendant is absent. Hence no cross examination.
Exh.15
Evidence closure pursis filed by the plaintiff. O read and recorded.
Heard arguments of Ld adv for plaintiff.
Case is adjourned to 18.04.2023 for Judgement.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: None present.
Exh.16 - Judgment.
Judgment pronounced in the open Court
F.R.S.R. following order is passed-
ORDER
1.   Commercial Suit No.193 of 2019 is decreed with costs.
2.   The defendant do pay an amount of Rs.8,14,962/- (Rs. Eight Lakhs Fourteen Thousand Nine Hundred and Sixty Two Only) to the plaintiff along with interest at the rate of 12 percent per annum on the principal amount from the date of filing of the suit till its realization within three months from the date of this order.
3.   Defendant shall bear the cost of the suit.
4.   Court fee, if any, be refunded to the plaintiff as per rule.
5.   Decree be drawn up accordingly.
6.   Commercial Suit No. 193 of 2019 is disposed of.
(Judgment pronounced in the open Court).
Nature Of Disposal: DECREED
Disposal Date: 18-04-2023

Additional Case Details

Additional Case Details
Filing Number: 109606/2019
Filing Date: 29-08-2019
First Hearing Date: 16th December 2019
Decision Date: 18th April 2023
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
18 Apr 2023

Order Details: Ex-parte Judgement Pdf Text: 1/7 Judgment in Com. Suit No. 193 of 2019 Presented on : 29082019 Registered on : 15112019 Decided on : 18042023 Duration : Y M D 3 7 20 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY COMMERCIAL SUIT NO. 193 of 2019 CNR NO. : MHCC010090262019 Exh.16 M/s. Esteem Industries Pvt Ltd ] Through Mr. Arif Sayyed, ] having their office at : ] 106, Prospect Chamber, 317/321, ] Dr. D. N. Road,…

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