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Commercial Suit

Maneklal Anandji ContractorVsJivan Meghji Gandhi +1 more

CNR MHCC01009580201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PLAINT RETURN
Decision Date: 11th January 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100107/2019
Registration Date
18 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 18-10-2019
Business: Adv for plaintiff Mr.Singh present.
Adv for deft Mr. Ram Mohite present.
Exh 02 Adv for plff. filed affidavit of service.
Adv for deft requested for adjournment to file written statement. O-Granted.
Matter is Adjd for Written Statement to 02.12.2019.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-12-2019

Date: 02-12-2019
Business: Adv for plaintiff Mr.Anand Singh present.
Adv for deft Mr.Ram Mohite present.
Exh 03 Adv for deft filed VP. T.O.R.
Exh 04 Adv for deft filed Written Statement.
Adv for deft served copy of Written Statement to plaintiff.
Matter is Adjd for Steps to 16.01.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv for plaintiff Mr.Anand Singh present.
None for the defendant.
Adv for plff requested for adjournment. O-Granted.
Adv for plff requested 24.02.2020 date.
L.O. at 12.00 pm.
Adv for deft Mr.S.M.Shettigar present.
L.O. at 2.55 pm.
Adv for plaintiff Mr.Anand Singh present.
Adv for plaintiff filed application for summary judgment.
O-Leave Granted to register.
Matter is Adjd for Affidavit of service of summary
judgment to 24.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Adv for plaintiff Mr.Singh present.
Adv for deft Mr.Ram Mohite present.
Adv for plff. tendered registered commercial S/J 1/20 along with affidavit.
Adv for deft. filed reply. T.O.R.
Adv for plff.stated that he has received copy of reply.
Matter is Adjd for Arguments to 24.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2020

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

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Business: Argument
Next Purpose: ARGUMENTS
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: Court is on leave. Matter adjd to 09.11.2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-11-2020

Date: 09-11-2020
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  26/11/ 2020 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-11-2020

Date: 26-11-2020
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 14.12.2020 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 05.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 16.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 03.03.2021 for admission denial/statement of truth.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv.Rekha Shinde for plaintiff present.
None present for defendant.
Ld.Adv. for the plaintiff submits that the plaintiff is Sr. Citizen. She seeks time to file the evidence examination in chief.
Matter adjd to 23.03.2021 for evidence.
LO
Adv.S.M. Shettigar for defendant present.
Matter adjd to 23.03.2021 for argument on summary judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: None present for plaintiff.
Adv.S.M. Shettigar for defendant present.
Matter adjd to 25.03.2021 for argument on summary judgment.
LO
Adv.Rekha Shinde for plaintiff present.
Matter adjd to 25.03.2021 for argument on summary judgment.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Adv.Rekha Shinde i/b. Legal Chartered for plaintiff present.
Adv.S.M.Shettigar for defendant present.
Heard both the sides on summary judgment No.01/2020.
Matter adjd to 26.03.2021 for order on summary judgment.
Next Purpose: O.XIII-A Summary Judgment
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None present for plaintiff.
Adv.S.M.Shettigar for defendant present.
F.R.S.R. the following order is passed
                    ORDER
Application for summary judgment No.01/2020 is rejected.
Matter adjd to 12.04.2021 for admission and denial of documents/statement of truth.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 12-04-2021

Date: 12-04-2021
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 04.05.2021 for Admission Denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 21.06.2021 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: Adv.Rekha Shinde i/b.Legal Chartered for plaintiff present.
None present for defendant.
Plaintiff wants to file precipee regarding admission and denial.
KB
LO at 12.44 pm
Adv.Ram Mohite present for defendant present.
Defendant wants to file precipee regarding admission and denial,hence, adjourned.
Matter adjd to 16.09.2021 for admission and denial.
                                                                                              Judge
LO at 01.51 pm
Adv.Neha Kamble i/b.Legal Chartered for plaintiff present and filed admission and denial, Exh.5 t.o.r. O-filed.
Matter adjd to 16.09.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: Adv.Nilkanth Prabhu h/f.Legal Chartered for plaintiff present.
Adv.Ram Mohite h/f.Adv.S.N.Shetty for defendant present.
     The defendants advocate submits that plaintiff has not supplied copies of documents to the defendant. The plaintiff undertakes to furnish said copies.
Matter adjd to 01.10.2021 for filing of admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: None present for plaintiff.
Adv.Ram Mohite h/f.Adv.S.N. Shettygar for defendant present.
The plaintiff has not complied with the directions of Roznama dated 16.09.2021. Plaintiff to note the same. Case is pending for admission and denial.
Matter adjd to 16.10.2021 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: 16-10-2021 is holiday declared.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv.Neha Kamble i/b.Legal Chartered for plaintiff present.
Adv.Ram Mohite h/f.Adv.S.N.Shettygar for defendant present.
KB
LO at 12.22 pm,
Same appearance.
The plaintiff tendered pursis, Exh.6 containing that the present suit is not commercial dispute and suit is required to be transferred to the proper Court. Copy of pursis is furnished to the defendant. Parties to make submission on Exh.6.
Matter adjd to 06.12.2021 for hearing in respect of Exh.6.
Next Purpose: HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv.Neelkanth Prabhu i/b.Legal Chartered for plaintiff present.
Adv.Ram Mohite h/f.Adv.S.N.Shettygar for defendant present.
On oral request of advocate of defendant, matter is kb for argument.
LO at 12.13 pm,
Adv.Rekha Shinde i/b.Legal Chartered for plaintiff present.
Adv.S.N.Shettygar for defendant present.
The defendant filed reply, Exh.7 to the application, Exh.6.
Heard both the sides on application, Exh.6.
Matter adjd to 21.12.2021 for order on Exh.6.
Next Purpose: ORDER
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: Adv.Neha Kamble i/b.Legal Chartered for plaintiff present.
None present for defendant.
KB
LO at 04.46 pm,
As Court time is over, hence, adjourned on 11.01.2022 for order on Exh.6.
Next Purpose: ORDER
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present for plaintiff.
None present for defendant.
KB for order below Exh.6.
LO at 02.25 pm
Adv.Neha Kamble i/b.Legal Chartered for plaintiff present.
Order below Exh.6
          The plaintiff has filed this application requesting to return the plaint as this Court has no jurisdiction to try this suit. Read the plaint. The plaintiff wants to recover the amount of friendly loan advanced by the plaintiffs to the defendant, hence, there is no commercial dispute. In view of judgment of Hon\''ble Bombay High Court in Writ Petition No.8393/2021 dated 06.12.2021 as the transaction of friendly loan is not commercial dispute, the plaint is required to be returned to the plaintiff to present it before the proper Court, hence, I passed the following order.
ORDER
1. The application, Exh.6 is allowed.
2. The plaintiff is allowed to take back the plaint as return of plaint to file it before the proper Court.
3. Suit is removed from the board of this Court.
Nature Of Disposal: PLAINT RETURN
Disposal Date: 11-01-2022

Additional Case Details

Additional Case Details
Filing Number: 108085/2019
Filing Date: 22-07-2019
First Hearing Date: 18th October 2019
Decision Date: 11th January 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
11 Jan 2022
Order Details: Order below exhibit
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :Commercial Suit/0100107/2019
Maneklal Anandji Contractor Vs Jivan Meghji Gandhi
Date : 11012022
Business : None present for plaintiff. None present for defendant.
KB for order below Exh.6. LO at 02.25 pm Adv.Neha
Kamble i/b.Legal Chartered for plaintiff present. Order
below Exh.6 The plaintiff has filed this application
requesting to return the plaint as this Court has no
jurisdiction to try this suit. Read the plaint. The
plaintiff wants to recover the amount of friendly loan
advanced by the plaintiffs to the defendant, hence,
there is no commercial dispute. In view of judgment of
Hon&amp#039ble Bombay High Court in Writ
Petition No.8393/2021 dated 06.12.2021 as the
transaction of friendly loan is not commercial dispute,
the plaint is required to be returned to the plaintiff to
present it before the proper Court, hence, I passed the
following order. ORDER 1. The application, Exh.6 is
allowed. 2. The plaintiff is allowed to take back the
plaint as return of plaint to file it before the proper
Court. 3. Suit is removed from the board of this Court.
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