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Commercial Suit

Solution 1 Interiors India Pvt LtdVsSaryu Properties And Hotels Pvt Ltd

CNR MHCC0400886420233-Judge City Civil Court and Additional Sessions Judge
Dindoshi, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWAL
Decision Date: 02nd August 2024

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
918/2023
Registration Date
17 Oct 2023

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Commercial Courts, Commercial Division and Commercial Appellate Division of High Courts (Amendment) Act · Sec Section 16

    Case History / Proceedings

    Case History
    Date: 19-12-2023
    Business: COM- 918/2023
    Advocate Kartik Malusare h/f adv. S.B. Shetty for plaintiff present.
    Representative of defendant present.
    Exh. 1 Plaint.
    Exh. 2 V/n on behalf of plff.
    Exh. 3 Memorandum of registered address.
    Exh. 4 List of documents.
    Exh.05- Original writ of summons filed by advocate for plaintiff.
    Exh.06- Affidavit of service filed by advocate for plaintiff.
    Service report shows that summons duly served upon defendant on 11/12/2023.
    Exh.07- Adjournment application filed by representative of defendant.
    Adjourned for filing V/N and W/st subject to limitation to 09-01-2024.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: COM- 918/2023
    Plaintiff and their advocate are absent.
    Representative of defendant present.
    Advocate Nilesh Sonavane for defendant present.
    Exh.08- V/n filed by advocate for plaintiff.
    Adjourned for W/st subject to limitation to 30-01-2024.
    Later on at 12.20 PM.
    Advocate Kartik Malusare for plaintiff present.
    Adjourned for W/st subject to limitation to 30-01-2024.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-01-2024
    
    Date: 30-01-2024
    Business: COM- 918/2023
    Advocate Kartik Malusare h/f adv S.B.shetty for plaintiff present.
    Advocate Nilesh Sonavane for defendant present.
    Exh.09- Adjournment application filed by advocate for defendant.
    O- Adjournment granted.
    After getting sufficient opportunities defendant failed to file W/st within time. Hence, suit to proceed without W/st of defendant.
    Adjourned for filing affidavit of evidence by plaintiff to 12-03-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: COM- 918/2023
    Advocate Kartik Malusare h/f adv S.B.shetty for plaintiff present.
    Representative on behalf of defendant present.
    Advocate Nilesh Sonavane for defendant present. (Without W/st of defendant)
    Adjourned for filing affidavit of evidence by plaintiff without W/st of defendant
    to 16-04-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: 08/04/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S. S. TODKAR
                        (C. R. NO.3)
    COM- 918/2023 (By preacipe)
    Plaintiff and their advocate are absent.
    Advocate Nilesh Sonawane for defendant present.
    Advocate for the defendant tendered draft notice of motion alongwith supporting affidavit alongwith written statement. t.o.r.
    Leave granted to register the same and service to other side.
    Advocate for defendant is directed to supply the copy of draft N/M and W/st to defendant through RPAD / Court Bailiff.
    Adjourned for tendering registered N/M and service to N/M to 16-04-2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: COM- 918/2023
    Advocate Kartik Malusare h/f adv. S.B.Shetty for plaintiff present.
    Advocate Nilesh Sonawane for defendant present.
    Advocate for defendant supply the copy of N/M to advocate for defendant.
    Adjourned for tendering registered N/M and reply to N/M to 24-07-2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: 24/07/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR
                        (C. R. NO.3)
    COM- 918/2023
    Advocate Kartik Malusare h/f adv. S.B.Shetty for plaintiff present.
    Authorised person on behalf of defendant present.
    Authorised person on behalf of defendant tendered Registered Notice of motion No. 1424 of 2024 alongwith supporting affidavit. t.o.r.
    Advocate for plaintiff submitted that he want to withdraw the suit.
    Adjourned for withdrawal of the suit / reply on N/M No. 1424/2024
    to 02-08-2024.
    Next Purpose: SUIT FOR WITHDRAWAL
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: 02/08/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR
                        (C. R. NO.3)
    COM- 918/2023
    Authorised person on behalf fo plaintiff present.
    Advocate S.B.Shetty for plaintiff present.
    Authorised person on behalf of defendant Sandeep Ambule present.
    Exh.    - Withdrawal application alongwith list of document filed by adv. for plaintiff.
    O- Other side to say.
    Exh.         - Authority letter filed by authorised person on behalf fo defendant.
    Say filed by authorised person on behalf of defendant on Exh.____.
    Plaintiff submitted that he does not want to proceed further and unconditionally withdrawing the suit as this matter is before the arbitrator.
    Hence, following order is passed -
    ORDER
    1) Commercial Suit No. 918 of 2023 is allowed to withdrawn.
    2) Commercial Suit No. 918 of 2023 stands disposed of as withdrawn.
    3) Court fees refunded as per rules
    Notice of Motion No. 1424 of 2014 is disposed off accordingly.
    Nature Of Disposal: WITHDRAWAL
    Disposal Date: 02-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 9461/2023
    Filing Date: 26-09-2023
    eFiling Number: AMH20230051479C202300003
    eFiling Date: 12-09-2023
    First Hearing Date: 19th December 2023
    Decision Date: 02nd August 2024
    Court Number And Judge: 3-Judge City Civil Court and Additional Sessions Judge

    Orders

    1
    Final Order 1
    02 Aug 2024
    Order Details: Order
    Pdf Text: 02/08/2024 CORAM -City Civil and Addl. Sessions Judge SMT. S.M.TAKALIKAR (C. R.
    NO.3) COM- 918/2023 Authorised person on behalf fo plaintiff present. Advocate
    S.B.Shetty for plaintiff present. Authorised person on behalf of defendant Sandeep Ambule
    present. Exh. - Withdrawal application alongwith list of document filed by adv. for plaintiff.
    O- Other side to say. Exh. - Authority letter filed by authorised person on behalf fo
    defendant. Say filed by authorised person on behalf of defendant on Exh.____. Plaintiff
    submitted that he does not want to proceed further and unconditionally withdrawing the
    suit as this matter is before the arbitrator. Hence, following order is passed - ORDER 1)
    Commercial Suit No. 918 of 2023 is allowed to withdrawn. 2) Commercial Suit No. 918 of
    2023 stands disposed of as withdrawn. 3) Court fees refunded as per rules Notice of Motion
    No. 1424 of 2014 is disposed off accordingly.
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