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SUMMARY CIVIL SUIT - SUMMARY SUIT

Taher and CompanyVsGolden Birds Import and Export

CNR MHCC01000089202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 29th July 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100171/2020
Registration Date
10 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order37

    Case History / Proceedings

    Case History
    Date: 07-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: None present.
    Today matter is for report.
    Matter adjd for affidavit of service to 06-05-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Adv. Lata Kharwa for plaintiff present.
    None for defendant.
    Ex.02   Ld Adv for plaintiff filed application for issuance fresh writ of summons t.o.r. O- Issue fresh writ of summons as per rules.
    Matter adjd for affidavit of service to 18-10-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per Office Order No. 213 of 2021 dtd 12.10.2021 as declared holiday.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: P.O. is on Leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: Adv. Lata Kharwa for plaintiff present.
    None for defendant present.
    Ld. adv for plaintiff tendered draft chamber summons.  Leave granted.
    Matter Adjd for tendering original registered CS to 28.03.2022
    Judge
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Adv. Lata Kharwa for plaintiff present.
    None present for defendant.
    Ld. Adv. for plaintiff tendered original registered CS No.190/2022. TOR.
    Order below Chamber summons No.190/2022
    Order - Perusal of record shows that, the defendant is not served by way of ordinary summons. Hence issue writ of summons by way substituted service by paper publication and pasting. Chamber summons is disposed off accordingly.
    Matter Adjd for service affidavit on 28/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: None present.
    Matter Adjd for service affidavit on 29/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Lata Kharwa for plaintiff present.
    None present for defendant.
    Exh.03 - Service affidavit alongwith returned envelope. O-seen.
    Service not effected.
    Exh.04 - Service affidavit alongwith paper publication. O-seen.
    Matter Adjd for ex-parte order on 10/10/2022.
    Next Purpose: ORDER
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Vyas for plaintiff present.
    None present for defendant.
    Order below Exh.01
    Defendant duly served as per Exh.04, but he failed to appear. Hence to proceed ex-parte against him.
    Matter Adjd for ex-parte evidence on 07/12/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: None present.
    Matter Adjd for ex-parte evidence on 14/02/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Lata Kharwa for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for ex-parte evidence on 17/04/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: None present.
    Matter Adjd for ex-parte evidence on 14/07/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: P.O. is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: P. O. is on leave.
    Hence, matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: P.O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-01-2024
    
    Date: 02-01-2024
    Business: Presiding Officer is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-02-2024
    
    Date: 29-02-2024
    Business: Court is Vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: Adv. Sourav Saxena i/b  for plaintiff present prayed for time furnish the evidence. Order -  Time granted.
    None for Defendant
    Matter is adjourned to 01.07.2024 for Ex-Parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: None present.
    Later on
    Adv Lata Kharva for plaintiff present.
    Plaintiff present.
    Matter is adjourned to 13.08.2024 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-08-2024
    
    Date: 13-08-2024
    Business: Adv. Lata Kharva for plaintiff present.
    Plaintiff present.
    Adv for plaintiff filed evidence affidavit and list of documents taken on record and marked as Exh.05 and Exh.06.
    Exh.07 - Notarised partnership deed and supplementary deed.
    Exh.08 - Office copy of Invoice No. TC/1819/03454.
    Exh.09 - Office copy of Invoice No. TC/1819/03455.
    Exh.10 - Office copy of Invoice No. TC/1819/03456.
    Exh.11 - Computerized copy of the Ledger Account.
    Exh.12 -  Original Legal Notice and register A.D. Slip.
    Exh.13 - Original packet containing the Legal Notice.
    Exh.14 - Original packet containing the Legal Notice.
    Matter is adjourned to 21.10.2024 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Business: Adv. Lata Kharwa for plaintiff present and filed evidence close pursis taken on record and marked as Exh.15.
    None for defendant.
    Matter is adjourned to 25.11.2024 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-11-2024
    
    Date: 25-11-2024
    Business: Adv. Lata Kharwa for plaintiff present.
    Matter is adjourned to 15.01.2025 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-01-2025
    
    Date: 15-01-2025
    Business: First session court is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-03-2025
    
    Date: 07-03-2025
    Business: Adv. Lata Kharwa for plaintiff present and advanced final argument.
    Matter is adjourned to 21.03.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: P.O. is on leave.
    Next Purpose: JUDGMENT
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: Adv. Lata Kharwa for plaintiff present.
    Court is busy in recording evidence in Suit No.8439/1994, argument in H.C.T.B matter 3488/2010, dictating judgment in Suit No.3891/2009.
    Matter is adjourned to 23.04.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: P.O. is on leave.
    Next Purpose: JUDGMENT
    Next Hearing Date: 03-07-2025
    
    Date: 03-07-2025
    Business: Adv. Lata Kharwa for plaintiff present.
    Court is busy in passing order in Sum Su No.1144/2013, Sum Su. 707/2016, NM No.1897/2025 and recording evidence in            Suit No.8617/1999 and dictating judgment in Suit 3575/2010
    Matter is adjourned to 29.07.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: Adv Sachin Choudhari h/f Adv. Lata Kharwa for plaintiff present.
    F. R.S.R. following order is passed.
    ORDER
    1. The Summary Suit No.171 of 2020 is partly decreed with costs.
    2. The defendants are hereby directed to pay to plaintiff an amount of Rs.1,39,049/- (Rs. One Lakh and Thirty None Thousand Forty None only) with 12 percent p.a from 07.08.2019 till realization.
    3. The decree be drawn up accordingly.
    4. The court fees be refunded as per rules.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 29-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100080/2020
    Filing Date: 02-01-2020
    First Hearing Date: 07th April 2020
    Decision Date: 29th July 2025
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Jul 2025

    Order Details: Ex-parte Judgement Pdf Text: Sum Suit 171 of 2020 .. J/1 .. Judgment MHCC010000892020 Presented on 02-01-2020 Registered on 10-02-2020 Decided on 29-07-2025 Duration Year Month Days 05 06 27 CNR No. MHCC010000892020 Exh IN THE BOMBAY CITY CIVIL COURT AT MAZGAON SUMMARY SUIT NO. 171 OF 2020 Taher & company Partnership Firm carrying on its business and having its office at Godown No.10, Samudra Mahal, 250, M.A Road, Near Samudra Hotel, Madanpura, Mumbai-400008. ...Plaintiff VERSUS Golden Birds…

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