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SUMMARY CIVIL SUIT - SUMMARY SUIT

Yogesh Sajan BhojwaniVsMr. Niraj G. Kakad

CNR MHCC01000096201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 02nd September 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100939/2021
Registration Date
27 Oct 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    NEGOTIABLE INSTRUMENTS ACT · Sec 17

    Case History / Proceedings

    Case History
    Date: 03-01-2022
    Business: Adv for Anand Waghmare for plaintiff present.
    None for defendant.
    Adv for plaintiff filed application for issue fresh writ of summons upon the defendants. TOR. O- Allowed as per rules.
    Matter is adjd for report to 08.03.2022
    Next Purpose: REPORT
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: NOB-TOB
    Adv Lavkush Sharma for defendant filed application for matter taken on todays board. O-TOB.
    Adv for defendant filed VP. TOR.
    Matter is already adjd for report on 08-03-2022
    Next Purpose: REPORT
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: As PO is on training.  Hence, matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: None for plaintiff.
    None for defendant.
    Roznama reveals that defendant has caused the appearance on               27-01-2022. However, plaintiff has not taken steps to file summons for judgment.
    Matter is adjd. to 23-08-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None for Plaintiff.
    None for Defendant.
    In spite of specific order on last date, plaintiff has not filed summons for judgment.
    Matter adjourned to 17.11.2022 for SJ/order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv. for plaintiff present.
    On last two dates this court has specifically observed that though the defendant has caused appearance on 27/01/2022, plaintiffs have yet not taken out summons for judgment as contemplated under Rule 3 of Order XXXVII of CPC. In spite of repeated opportunities,  plaintiff failed to comply the same.  Non  filing of SJ for such a long  period shows that plaintiff is not serious enough to prosecute the suit.
    Hence, keep the matter for dismissal on 07/01/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv.Dakshata Zagade h/f Adv.Chetan Pawar for plaintiff present.   She submits that the matter is likely to be settled and hence, same be referred to lok-adalat.
    In view of the submission made matter be placed before lok-adalat schedule on 11/02/2023.
    Plaintiff undertakes to intimate defendant about keeping the matter before lok-adalat.
    Parties to appear before lok-adalat.  Notice waived.
    Matter is adj to 11/02/2023 for lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: Parties are absent.
    Matter adjourned to 24.04.2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Representative of plaintiff present, his advocate absent.  He submits that he wish to change his advocate and therefore some time be granted for the said purpose as well as filing SJ.
    None for defendant.
    Matter is adj to 30/06/2023 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    Adv. Mohammed Wasim Quereshi for plaintiff present and tendered draft Summons for Judgment along with affidavit of service. O-Leave granted to register the draft  Summons for Judgment.
    Adv. Sushant Mishra h/f Adv. Lavkush Sharma for defendant present.
    Vakalatnama filed on behalf of plaintiff. It is marked as Exh-3. TOR.
    Matter is adj to 12.10.2023 for affidavit of service of SJ.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: Matter pertains to C.R.No.61.
    Adv. Lavkush Sharma for the defendant present and filed application (Exh.04) for taking the matter on today’s board.
    He filed reply of Summons for Judgment, taken on record.
    Matter already adjd to 12-10-2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Mohammed Wasim Qureshi i/b Qureshi and Associates for plaintiff is present and tendered registered SJ No.165/23 along with affidavit in support. TOR.
    The defendant and his advocate are absent.
    The counsel for the plaintiff submits that the plaintiff has not received the copy of reply to SJ. Hence, the defendant is directed to serve the copy of reply to SJ on the plaintiff.
    Matter is adj to 29.01.2024 for compliance and SJ hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: P.O.is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammed Wasim Qureshi i/b Qureshi and Associates for plaintiff is present and submitted that the defendant has not served copy of reply to the Summons for judgment.
    The defendant and his counsel are absent.
    The defendant is given last chance to supply copy of reply to the Summons for judgment.
    Matter is adj to 06.05.2024 for filing original documents, supplying copy of reply of Summons for judgment and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Court is busy in dictating judgment in Suit No. 8646/99 and summons for judgment No.56/05, 57/05, 420/05, 421/05, 440/05 and 443/05 . Hence, today\''s board is discharged. Parties are liberty to file applications, notice of motion and affidavits, if any.
    Matter is adj to 08.08.2024 for filing original documents and  hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The plaintiff is given last chance to file original documents.
    Matter is adj to 27.09.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammed Wasim Quereshi i/b Qureshi and Associates for plaintiff is present and requested for adjournment to file original documents. Adjournment is granted.
    The defendant and his counsel are absent.
    Matter is adj to 04.12.2024 for filing original documents.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammed Wasim Qureshi i/b Qureshi and Associates for plaintiff is present and filed certified copies of list along with list. Taken on record. It is marked as Exh-5.
    The defendant and his counsel are absent.
    Counsel for plaintiff submitted that he has not received copy of reply of Summons for judgment.
    Defendant is directed to supply the copy of reply to Summons for judgment to plaintiff.
    Matter is adj to 24.01.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammed Wasim Qureshi i/b Qureshi and Associates for plaintiff is present and submitted that he has served copy of document to the defendant.
    Adv. Pritesh Parmar i/b Adv. Lavkush Sharma for defendant is present and submitted that he will supply copy of reply to Summons for judgment to the plaintiff.
    Matter is adj to 25.02.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammad Wasim Qureshi for plaintiff is present through video conferencing
    Adv. Pritesh A. Parmar i/b Adv. Lavkush Sharma for defendant is present.
    Matter is adj to 19.03.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohd. Wasim Qureshi for plaintiff is present through video conferencing
    Adv. Pritesh A. Parmar i/b Adv. Lavkush Sharma for defendant is present.
    Matter is adj to 16.04.2025 for hearing on Summons for judgment
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.
    Adv. Pritish A Parmar i/b Adv Lavkush sharma for defendant is present.
    kb
    later on at 3.05 pm
    Adv Vasant Kulkarni for plaintiff present.
    Heard argument of both side advocates on Summons for judgment.
    Matter is adj to 07-05-2025 for Order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 07-05-2025
    
    Date: 07-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammed Wasim Qureshi i/b Qureshi and Associates for plaintiff is present and requested for adjournment to argue the matter. Adjournment is granted as a last chance.
    The defendant and his counsel are absent.
    FRSR following order is passed on SJ No.165/23
    Order
    1)Summons for Judgment No.165/2023 in Summary Suit No.939/2021 is disposed off  as follows
    (a) Leave to defend the suit is granted to the defendant subject  to condition that he shall deposit principal amount within 60 days from the date of this order.
    (b) The defendant will be at liberty to file his written statement on record within 30 days after depositing amount.
    2)After depositing amount by the defendant, it be deposited in fixed deposits in any Nationalized bank as per law till further orders.
    3) No order to costs.
    4)Summons for Judgment No.165/2023 is disposed off accordingly.
    Matter is adj to 07.07.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-07-2025
    
    Date: 07-07-2025
    
    Date: 12-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mohammed Wasim Qureshi i/b Qureshi and Associates for plaintiff is present and filed pursis along with non-deposit certificate.  TOR and marked as Exh-7 and 8 respectively.
    The defendant and his counsel are absent.
    Matter is adj to 02.09.2025 for order.
    Next Purpose: ORDER
    Next Hearing Date: 02-09-2025
    
    Date: 02-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Wasim Qureshi for plaintiff is present through video conferencing
    Ex-parte judgment is marked as Exh-9.
    FRSR following order is passed
    Order
    1.The Summary Suit No. 939 of 2021 is  decreed with costs.
    2.The defendant shall pay to the plaintiff an amount of                 Rs. 7,67,500/-(Rupees Seven Lakhs Sixty Seven Thousand Five Hundred only).
    3.The plaintiff is entitled to simple interest on the amount of                             Rs. 5,00,000/- at the rate of 7 percent p.a. from 04/01/2018 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,  if any, provided for in rules.
    5.The decree shall be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 02-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100075/2018
    Filing Date: 04-01-2018
    First Hearing Date: 03rd January 2022
    Decision Date: 02nd September 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Sept 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010000962018 Presented on 04/01/2018 Registered on 27/10/2021 Decided on 02/09/2025 Duration 07Y: 07M: 29D Exhibit 9 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 939 of 2021 Yogesh Sajan Bhojwani ] Age: 26 years, Occupation: Business ] Having address at Shop No. 200, ] Ashoka Shopping Centre, 1st Floor, ] Opp. L. T. Marg, Mumbai 400 001 ] Through its Power of Attorney ] Sajan Bhojwani, Age 59 years ]...Plaintiff VERSUS…

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