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Review

Caesar DesaVsM/s. Atlas Copco Ltd.

CNR MHSCA3001539202231-Judge C.R.No. 31
Bandra, Small Causes Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--Judgement
Decision Date: 09th December 2024

TrustJury record updated 10 Oct 2026

Case Overview

Registration Number
100002/2022
Registration Date
02 Dec 2022

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Caesar Desa

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 114

Case History / Proceedings

Case History
Date: 16-12-2022
Business: Resumed.
App. ab. Holding Adv. pr. Order passed below Exh.1. O. Issue notice to respondents on P. F. Matter is adj. for alias against respdts.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: As per office order 140/2022 resume before A.C.J. M. S. Pathan and Judge A. S. Atre.
Holding adv. for applicant present. On oral request of applicant adv. Adjd. for alias against respondent on P.F.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: Resumed. Holding adv. for applicant present. On oral request of applicant adv. Adjd. for steps to serve respondent.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Resumed. Adv. for applicant present. On oral request of applicant adv. Adjd. for steps to serve respondent.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 28-03-2023

Date: 28-03-2023
Business: Reumed
Advocate of applicant present. On oral request of Applicant advocate. Adj. for steps to serve respondent.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 17-04-2023

Date: 17-04-2023
Business: Resumed. Holding adv. for applicant present.
On oral request of applicant adv. Adjd. for steps to serve respondent.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 13-06-2023

Date: 13-06-2023
Business: Resumed.
As per office Order 72 of 2023 resumed before ACJ M.S. Pathan and Shri. D.S. Dabhade judge
Nobody present. Adj for steps to served respondents as last chance.
Next Purpose: For Steps Orders at 2.45 P.M.
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: As per Office order No. 72 of 2023 Resumed before Shri. M. S. Pathan Addl. Ch. Judge and  Shri. D. S. Dabhade, Judge.
Holding adv. for applicant present.
Applicant failed to take steps today. Review application is pending for steps since 13.02.2023. Hence matter kept for order.
Next Purpose: Orders at 2.45 P.M.
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Resumed.
Adv. for Applicant present.
Ex. 6/D- Application for Set aside order dt. 27/6/2023 made by Applicant.  Heard.
Order passed on Ex. 6,  O- In the Interest of Justice Matter is removed from Order Caption.
Ex. 7/D-  Application for to Serve the respondent  at new address through RPAD
made by Applicant.  O- The Application is Allowed as Prayed.
Adj. For Alias in Ex. 7 against Respondent.
Next Purpose: Unserved at 2.45 P.M.
Next Hearing Date: 21-08-2023

Date: 21-08-2023
Business: Resumed. Applicant holding Adv. Sumati Mahadik and respondents holding Adv. Swamini Thakur present.
Exh.9/D - Memo of appearance filed by Adv. Priti Ramani for respondents.
Adjd. for reply to the main review application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Resumed before In-charge Court Room No.41 as one of the bench member of Court Room No.31. Smt. R.N. Bansal, Judge, is on leave. Holding adv for appellant present.
Exh 10/D S.V. Adv Mrs. Preeti Ramani for Respondent  (filed).
Adj for Reply to main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 04-10-2023

Date: 04-10-2023
Business: Resumed. Both sides holding adv. are present.
On oral request of respondents adv. Adjd.for reply to review application.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 20-10-2023

Date: 20-10-2023
Business: Resumed. Adv. for appellant and holding adv. for respondent present.
Exh.11/D - Settlement Pursis filed by adv. for respondent. O - Filed.
Adjd. for reply / Order.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: Court not sitting. Resumed before in-charge court room no. 41, as Smt A. S. Khadse, ACJ and Smt R. N. Bansal, Judge are on leave.
Holding adv Vaishali Kulkarji for appellant present.
Adjd. for reply / Order.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 13-12-2023

Date: 13-12-2023
Business: Resumed. Holding Adv. Sumati Mahadik for applicant  and Holding Adv. Kinjal Shah for respondent present.
Both sides adv. stated that, settlement talks going on.
Adjd. for filing consent terms. / Reply to main.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Resumed before In-charge Court Room No.41 as one of the bench member of Court Room No.31. Smt. R.N. Bansal, Judge, is on leave.
Holding adv. for applicant and holding adv. for respondent present.
Adjd. for filing consent terms / reply to main.
Stay is extended till next date.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Resumed. Both sides holding Adv. are present.
On oral request of both sides Adjd. for filing consent terms / Reply to main as last chance.
Both sides orally stated that, settlement talks going on and matter is likely to be settled. Both sides ready for matter send for National Lok Adalat.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 28-02-2024

Date: 28-02-2024
Business: Resumed. Holding Adv. Sumati Mahadik for applicant and holding Adv. Mansi Kariya for respondent present.
Respondent holding adv. orally stated that, there are no chance of settlement between the parties hence they want to proceed with the matter. Adjd. for filing reply to main by respondent.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 20-03-2024

Date: 20-03-2024
Business: As per Office order No. 45 of 2024 dated 18.03.2024, Special bench of  Shri. K.M. Kayangude, Judge and Smt. R.N.Bansal, Judge. Adv for appellant Sunita mahadik present.
Adjd. for filing reply to main by respondent.
Next Purpose: Notice for Reply at 2.45 P.M.
Next Hearing Date: 05-04-2024

Date: 05-04-2024
Business: Resumed. Both the parties absent, both sides adv. are present.
Exh.12/D - Affidavit in reply to main review application made by respondent. O - R. and R.
By consent Adjd. for hearing in main.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 12-06-2024

Date: 12-06-2024
Business: Resumed. Holding Adv. Vaishali Kulkarni for applicant and holding Adv. Sunita Yadav for respondent.
By consent Adjd. for hearing in main.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 05-07-2024

Date: 05-07-2024
Business: Resumed. Holding Adv. Sumati Mahadik for applicant and holding Adv. Snehal Mahamuni for respondent present.
On oral reuqest of applicant adv. Adjd. for hearing in main / Order.
Both sides adv. are directed to positively argue on next date.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: As per office Order 130 of 2019, Resumed Before Acj A.S.Khadse and Judge K. N.Kayamgude.
Holding Adv. Vaishali kulkarni present , after date is given, adv. clerk of adv. for respondent present.
On oral request of respondent
adj. for Heg.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 16-08-2024

Date: 16-08-2024
Business: Resumed. Holding adv Vaishali for applicant present.
On oral request adj for Hg.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: Resumed. Both the parties are absent. holding Adv. Sumati Mahadik for applicant and holding Adv. Snehal Mahamuni for respondent present.
On oral request of applicant adv. Adjd. for hearing in main as last chance.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 26-09-2024

Date: 26-09-2024
Business: Resumed. Holding Adv. Vaishali Kulkarni for appellant present.
Adjd. for hearing as last chance.
Next Purpose: Notice for Hearing at 2.45 P.M.
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Resumed. Both the parties are absent. Both sides adv. are present.
Heard. Both sides adv. fully in main and on law point.
Exh.13/D - List of citation provide by adv. for applicant. O - Filed.
Adjd. for rejoinder argument if any.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 06-11-2024

Date: 06-11-2024
Business: As per office order 130 of 2019
Resumed before Shri. S. H. Inamdar Judge, Shri. D. R. Mali Judge.
Both the parties are absent. Holding Adv. Kartiki Ramughade for applicant and holding Adv. Snehal Mahamuni for respondent present.
Adjd. for rejoinder argument if any.
Next Purpose: Part Heard at 2.45 P.M.
Next Hearing Date: 26-11-2024

Date: 26-11-2024
Business: Resumed. Both the parties are absent. Holding Adv. Sumati Mahadik for applicant and holding Adv. Sunita Yadav for respondent present.
Both sides orally stated that, they do not want  to any rejoinder argument. Hence Adjd. for Judgment.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 06-12-2024

Date: 06-12-2024
Business: As per Office Order No. 130 of 2019 Resumed before Smt. A.S. Khadse, Addl. Chief Judge, and Shri. D.P. Kasat, Judge.
Both the parties are absent. Holding Adv. Vaishali Kulkarni for applicant and holding Adv. Sunita Yadav for respondent present. Adjd. for Judgment in main.
Next Purpose: Judgment at 2.45 P.M.
Next Hearing Date: 09-12-2024

Date: 09-12-2024
Business: Resumed,
Holding Adv Vaishali Kulkarni for applicant and holding Adv Sunita Yadav is present. Judgment pronounced in open court.
O- This review petition is dismiss with costs.(See detail order).
This proceeding is closed.
Nature Of Disposal: Judgement
Disposal Date: 09-12-2024

Additional Case Details

Additional Case Details
Filing Number: 100346/2022
Filing Date: 14-10-2022
First Hearing Date: 16th December 2022
Decision Date: 09th December 2024
Court Number And Judge: 31-Judge C.R.No. 31

Orders

1
Final Order 1Full order available
09 Dec 2024

Order Details: Copy of Judgment Pdf Text: IN THE COURT OF SMALL CAUSES AT MUMBAI (APPELLATE BENCH) (BANDRA BRANCH) [CNR MHSCA30015392022] REVIEW APPLICATION NO.2 OF 2022 IN MISC. APPEAL NO.40 OF 2022 IN MESNE PROFIT APPLICATION NO.1 OF 2011 IN RAE SUIT NO.20 OF 1993 Mr. Caesar De’sa, of Bombay … Applicant (Org. Respondent) V/s. M/s. Atlas Copco Ltd., …Respondent (Org. Appellant) Mr. Mayank A. Chandan, Advocate for Applicant. Ms. Priti Ramani, Advocate for Respondent. Coram :Smt. A.S. Khadse Additional…

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