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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Chetana StationeryVsUmesh Patil

CNR MHCC01000084201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 23rd April 2025

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100499/2019
Registration Date
24 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 03-06-2019
    Business: By Precipe,
    Adv for deft Mr.Pratik Patil present
    Adv for deft filed VP. T.O.R. Subject to confirmation.
    Already Adjd for Directions to 16/07/2019
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: None for plaintiff present.
    Exh.1- Plaint
    Exh.2- V.P.
    Exh.3- Memorandum of address.
    Exh.4- List of Documents.
    Exh.5- Writ of summons tendered by intern.
    Suit summons is served to deft to R.P.A.D. Postal acknowledgement is annex with writ of summons.
    Deft is absent.
    Suit to proceed Ex-parte.
    Matter is adjd for Ex-parte evidence on 18.10.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Sudhakar Lakhani for plaintiff present.
    Adv. Pratik Patil for deft. Present.
    Exh.6-Application for condonation of delay @ affidavit filed by adv. for deft. t.o.r.
    Copy is supplied to OS.
    As there are elements of settlement matter is referred before mediator.
    Adjd. for mediation report to 15.01.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ranavat for plaintiff present.
    Adv. Patil for defendant present.
    Matter is adjd to 12.02.2020 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sudhakar Lakhani for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 12.03.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Representative of the Plaintiff present.
    Defendant absent.
    Adv. for plff. absent.
    Adv. For deft. Absent.
    Matter is adjd to 27.04.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: Due to Covid - 19 Pandemic none appeared.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on Leave.
    Matter is adjd to 24.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Sudhakar G Lakhani for the plff present.
    Matter is adjd to 14.06.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: Due to Covid-19 Pendamic lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Sudhakar Lakhani for the plff present.
    Matter is adjd to 06.10.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None present.
    Matter is adjd for  steps to 02.02.2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Adv. Ms. Madhuri Lakhani for Plaintiff present.
    	None present for Defendant.
    	Matter adj. to 13/04/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Ms. Madhuri Lakhani for Plaintiff present.
    None for Defendants.
    Ld. advocate for Plaintiff points out that Defendant has filed application Exhibit-6 for Condonation of Delay caused in filing WS.  She points that the application is not in the proper format as per the City Civil Courts Rule.
         The City Civil Court Act and Rules requires filing of Notice of Motion for Condonation of Delay.  In view of the same such application can not be entertain for Condonation of Delay.  Hence, Defendant to take out the proper Notice of Motion as per the rules.
    Matter adjourned to 23/09/2022 Steps by Defendant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. Madhuri Lakhani for plaintiff present.
    None for defendant.
    In spite of the speaking order dated 11.07.2022, defendant did not file notice of motion for condonation of delay.  Hence, matter to proceed ex-parte.  Hence, place the matter for ex-parte evidence on  22.11.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv.Sudhakar Lakhani for plaintiff present.  He filed affidavit of evidence (Exh-6) along with list of documents (Exh-7).
    Following documents are marked exhibit as under.
    Office copy of Invoice No.15/587.01 dated 14.03.2016. (Exh-8)
    Office copy of ledger account of the defendant from 01.04.2015 to 10.11.2019. (Exh-9)
    Copy of notice dated 02.05.2018 from plaintiffs advocate to the defendant along with postal receipts and track reports. (Exh-10)
    Matter is adj to 06/02/2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: As Court is busy in dictating judgment in Suit No.4910 of 2010, Summary Civil Suit No.462/14 and Summary Civil Suit No.962/2015 remaining first session board is discharged.
    Parties are at liberty to tender affidavit in chief, reply, applications, etc. if any.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Madhuri Lakhani for plaintiff present.
    None for defendant (Ex-parte).
    As court is busy in dictating judgment in Suit No.4526/2007,   matter is adj to 25/04/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Sudhakar Lakhani for plaintiff present.
    None for defendant (Ex-parte)
    Matter is adj to 24/07/2023 for ex-parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Kem Miskitta h/f Adv. Sudharkar Lakhani for plaintiff is present.
    Defendant is present.
    Adv. Shailesh Chavan with Adv. Ashok S. Pandire for defendant No.1 is present and filed vakalatnama, memo of registered address. TOR. They are marked as Exh-11 and 12.  He also tendered two draft Notice of Motion for condonation of delay and setting aside ex-parte arguments along with affidavit in support. O-Leave granted to register both draft NM.
    Matter is adj to 22.11.2023 for reply to NM.
    Next Purpose: REPLY
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Prasad Pawaskar i/b Adv. Sudhakar Lakahani for plaintiff is present.
    Adv. Shailesh Chavan with Adv. Ashok Pardir for defendant is present and filed two registered Notice of Motion No.4318/23 and 4319/23 along with two affidavit in support.
    Counsel for plaintiff stated to have received the copy of NM No.4318/23.
    Matter is adj to 27.02.2024 for reply to NM.
    Next Purpose: REPLY
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: Court  is on Leave
    Next Purpose: REPLY
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Gayatri Thakkar h/f Adv. Sudhakar Lakhani for plaintiff is present.
    Adv. Shailesh Chavan with Adv. Ashok Pandire for defendant is present.
    The plaintiff is given last chance to file reply to Notice of motion.
    Matter is adj to 25.06.2024 for filing reply to notice of motion.
    Next Purpose: REPLY
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Gaurav Gupta h/f Adv. Sudhakar Lakhani for plaintiff is present and filed reply of Notice of motion No.4319/23. Taken on record. Copy served on other side.
    Adv. Shailesh Chavan for defendant is present.
    The plaintiff is given last chance to file reply to notice of motion No.4318/23
    Matter is adj to 06.08.2024 for filing reply to Notice of motion No.4318/23.
    Next Purpose: REPLY
    Next Hearing Date: 06-08-2024
    
    Date: 06-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Lakhani for plaintiff is present and filed reply to Notice of Motion No.4318/23.
    The defendant and his counsel are absent.
    Matter is adj to 06.09.2024 for hearing on notice of motion No.4318/23  and 4319/23.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Lakhani for plaintiff is present.
    Adv. Omkar Chipkar i/b Adv. Shailesh Chavan for defendant is present.
    Keep back.
    Later on at 1.15 pm
    Adv. Madhuri Lakhani for plaintiff is present.
    Adv. Omkar Chipkar i/b Adv. Shailesh Chavan for defendant is present and requested for adjournment. Adjournment is granted as last chance.
    Heard counsel for plaintiff on NM No. 4319/23 and 4318/23
    Matter is adj to 20.09.2024 for hearing on Notice of Motions NO.4319/23 and 4318/23 by defendant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Lakhani for plaintiff is present.
    Adv. Omkar Chipkar i/b Adv. Shailesh Chavan for defendant is present.
    Keep back.
    Later on at 3.06 pm
    Adv. Madhuri Lakhani for plaintiff is present.
    Adv. for defendant is present.
    By consent, matter is adj to 23.09.2024 for hearing on notice of motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sudhakar Lakhani for plaintiff is present.
    Adv. Shailesh Chavan for defendant is present.
    Heard counsel for both sides on NM No.4318/23 and 4319/23.
    Matter is adj to 08.10.2024 for Order on NM No.4318/23 and 4319/23.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Shailesh Chavan for defendant is present.
    Keep back.
    FRSR following order is passed on NM No.4318/23
    Order
    1. Notice of Motion  No.4318/2023 is hereby dismissed.
    2. Application at Exh.6 filed on 18/10/2019 by defendant is rejected.
    FRSR following order is passed on NM No.4319/23
    Order
             Notice of Motion  No.4319/2023 is hereby dismissed.
    Matter is adj to 28.11.2024 for ex-parte argument.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Lakhani for plaintiff is present.
    Heard ex-parte argument of counsel for plaintiff.
    Matter is adj to 10.12.2024 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of plaintiff is present
    Keep back
    Later on at 12.38 pm
    Adv. Madhuri Lakhani for plaintiff is present and filed an application for production of documents along with certificate u/s 65B of The Indian Evidence Act. Taken on record. They are marked as Exh-13 and 14 respectively. O-Production is allowed.
    Matter is adj to 08.01.2025 for further argument.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    later on 3.00 pm
    Matter is fixed for further argument/ ex-parte Judgment. However, as observed in order in NM No. 4318/2023, it appears that, defendant has caused is appearance within limitation. However, on 16/07/2019 order came to be passed to proceeded matter ex-parte against defendant. Therefore, plaintiff to satisfy on the said aspect.
    Matter is adj to 06.02.2025 for further argument.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 06-02-2025
    
    Date: 06-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 12.30 pm
    Adv. Madhuri Lakhani for plaintiff is present.
    Adv. Shailesh Chavan for defendant is present.
    On perusing record, it appears that verification is not done of witness.
    Hence, Matter is adj to 25.02.2025 for verification and further argument.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Gaurav Gupta h/f Adv. Sudhakar Lakhani for plaintiff is present through video conferencing and requested for adjournment. Adjournment is granted as last chance.
    Matter is adj to 24.03.2025 for verification.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Shaji John, age 57 years, Service, Bhayander, Mumbai  representative of plaintiff is present and admitted contents of evidence on affidavit and identified his signature.
    Adv. Sudhakar Lakhani for plaintiff is present.
    Heard argument of counsel for plaintiff.
    The defendant and his counsel are absent.
    Matter is adj to 09.04.2025 for argument of defendant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 23/04/2025 for Ex-parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back
    Later on at 1.26 pm
    Adv. Gaurav Gupta for plaintiff is present.
    Ex-parte judgment is marked as Exh-15.
    FRSR following order is passed
    Order
    1.The Summary Suit No. 499 of 2019 is decreed with costs.
    2.The defendant shall pay to the plaintiff an amount of Rs.2,55,615/-(Rupees Two Lakhs Fifty Five Thousand Six Hundred and Fifteen only).
    3.The plaintiff is entitled to simple interest on the amount of Rs. 1,70,653/- at the rate of 7 percent p.a. from 03/01/2019  i.e.  the date of filing the suit till its full realization.
    4.The plaintiff may be entitled to get refund of the court-fees paid by them, if any provided for in rules.
    5.The decree shall be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 23-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100099/2019
    Filing Date: 03-01-2019
    First Hearing Date: 03rd June 2019
    Decision Date: 23rd April 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Apr 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010000842019 Presented on 03/01/2019 Registered on 24/04/2019 Decided on 23/04/2025 Duration 06Y: 03M: 20D Exhibit 15 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 499 OF 2019 M/s. Chetana Stationery ] a division of Chetana Publication Pvt. Ltd., ] Having its registered office at 263-C, Khatau ] Wadi, Behind Central Cinema, Goregaonkar Lane, ] Girgaon, Mumbai-400 004. ]...Plaintiff V/s. Umesh Patil ] an adult, age not known, Proprietor of ] M/s.…

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