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Commercial Suit

Vipul Tools CentreVsWindals Auto Pvt. Ltd.

CNR MHCC01011381201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 03rd October 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100260/2019
Registration Date
18 Dec 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 27-01-2020
Business: Adv for plaintiff Ms.Gargi present.
None for the defendant.
Issue summons to defendant.
Matter is Adjd for Affidavit of Service to 18.02.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Adv for plaintiff Ms.Kartiki present.
None for the defendant.
Adv for plff. filed application for extension of time to serve suit summons. O-Time extended till next date.
Matter is Adjd for Affidavit of Service to 11.03.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: P.O. is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-07-2020

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

Date: 18-07-2020
Business: Affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-07-2020

Date: 29-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-08-2020

Date: 11-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 29/10/20
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-10-2020

Date: 29-10-2020
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  12/11/2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2020

Date: 12-11-2020
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 09.12.2020  for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 07.01.2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 28.01.2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv.Mr.Ram Kutwal for plaintiff present.
None present for defendant.
Adv.of plaintiff orally requested time. Time granted.
Matter adjd to 06.02.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv.Ram Kutwal for plaintiff present.
None present for defendant.
Affidavit of Service filed by Adv.of plaintiff, Exh.2 t.o.r.
The defendant is served by RPD on 03.03.2020. He had not appeared in the suit. Put up for orders against defendant.
Matter adjd to 12.02.2021 for order against deft.
Next Purpose: ORDER
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv.Ram Kutwal for plaintiff present.
None present for defendant.
The plaintiff had filed service report, Exh.2 informing that the defendant is served by Post. Pursuant the summons issued on 03.03.2020, the report does not show the date on which the defendant not served.
Matter adjd to 03.03.2021 for Order against defendant.
Next Purpose: ORDER
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv.Ram Kutwal for plaintiff present.
None present for defendant.
         The defendant has failed to appear in the suit inspite of service of summons. The suit to proceed ex-parte against defendant.
Matter adjd to 24.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 08.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: None present.
Matter adjd to 03.05.2021  for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: As per Office Order No.104/2021, Holiday declared on 12.06.2021 (Saturday).  Hence matter is adjd to 24.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 3.7.2021 for Steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 5.00 p.m.
None present.
Matter is adjd to 31.08.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.40 pm
None present.
Matter adjd to 28.09.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.08 pm
None present.
Matter adjd to 08.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.01 pm,
None present.
Read the roznama dated 03.03.2021. Suit is already proceeded ex-parte against the defendant. It is kept for evidence of the plaintiff. Plaintiff to file evidence.
Matter adjd for filing evidence on 26.10.2021.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 3.35 p.m.
Plaintiff absent.
Matter is adjd to 26.11.2021 for filing evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.42 pm,
None present. The plaintiff failed to file evidence. Keep for order.
Matter adjd to 18.12.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 18-12-2021

Date: 18-12-2021
Business: None present for plaintiff.
None present for defendant.
          PO is nominated for online special programme for Commercial Court on Arbitration, hence, adjourned.
Matter adjd to 18.01.2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for order against plaintiff for not filing evidence.
Next Purpose: ORDER
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for plaintiff.
None present for defendant.
ORDER
Issue notice to the parties for lok-adalat dated 12.03.2022.
Matter adjd to 12.03.2022 for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022

Date: 12-03-2022
Business: Matter pertaining to C.R. No. 32
None present.
Matter Adjd to 02/05/2022.
Next Purpose: FOR___________________
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None present for plaintiff.
None present for defendant.
Considering nature of dispute, case is referred to lok-adalat.
Matter adjd to 07.05.2022 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 07-05-2022

Date: 07-05-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd. to 14.06.2022
Next Purpose: FOR___________________
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: None present for both parties.
K.B. L.O. at 4.10 p.m.
None present for both parties.
Matter adjd to 16.07.2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Adv. Arvind Taral Present for Plff undertake to file VP.
None Present for Deft.
KB LO 12.00.
perused record. It seems that plaint , VP, Address memo and list of document remained to be mark Exhibit. Hence they are marked exhibits as under.
Plaint at Exh.1.
Vakalatnama of Adv for the plff at Exh.2.
Memorandum of address of the plff at Exh.3.
List of documents at Exh.4
The service affidavit which was filed on 06/02/2021 re-exhibited as Ex.05.
Adv Arvind Taral has filed application at Ex.06, that now plff is appointing him on it behalf but authorize person of plff is not available to sign VP. He seeks time filing VP.
Adj. For VP and Dismissal order on 10/08/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Arvind Taral Present for Plff.
None Present for Deft.
Ex.07- VP filed by Adv. Arvind Taral for plff.
Ex.08- adv of plff filed application for adjournment. - Granted.
Adj. For Ex-parte Evidence on 30/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Arvind Taral Present for Plff.
None Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 22/09/2022 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: Adv. Arvind Taral Present for Plff.
None Present for Deft.
Ex.09 - Adv of plff has filed chief in examination of PW-1 Santosh Tukaram Bhabad.
PW-1 present, oath given to witness.
Ex.10 – Adv of plff has filed document with list.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.10 which are referred in chief examination are marked exhibit as under.
Ex. 11 (colly) – Original invoices.
Ex.12 (colly) – office copy of said legal notice dt. 08/01/2019 along with postal receipt.
Ex. 13 – Office copy of deft vides reply dt. 14/01/2019.
Ex.14 (colly) – Ledger account from 01/12/2015 to 31/10/2019.
Ex.15-  Adv of plff has filed evidence closure pursis.
Heard argument adv of plff.
Adj. For Ex-parte judgment on 03/10/2022.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv Arvind Taral for plaintiff present.
None for defendant.
Judgment and order passed.
F.R.S.R. Following order is passed.
1. Suit is decreed with costs.
2.Defendant is directed to pay a sum of Rs.30,89,826/- to plaintiff.
3.Defendant is directed to pay interest @ of 18% p.a. on principal sum of Rs.20,68,070/- to plaintiff.
4.Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 03-10-2022

Additional Case Details

Additional Case Details
Filing Number: 112100/2019
Filing Date: 07-11-2019
First Hearing Date: 27th January 2020
Decision Date: 03rd October 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
03 Oct 2022

Order Details: Ex-parte Judgement Pdf Text: 1 Comm. Suit 260/2019 MHCC010113812019 Presented on : 7.11.2019 Registered on : 18.12.2019 Decided on : 03.10.2022 Duration : 2Y/9M/15D. IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT NO.260 OF 2019 VIPUL TOOLS CENTRE, Office Ground Floor, Gyan Bhawan, Plot No.8, Kumtha Street, ballard estate, Mumbai400 001. Through its Authorized person Mr. Santosh Tukaram Bhabad, aged 40 years. …PLAINTIFF VERSUS Windals Auto Pvt. Ltd. Registered Officer at : Unit No.5/B, 5th floor, Goldlines…

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