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SUMMARY CIVIL SUIT - SUMMARY SUIT

Kaveesha FoodsVsBrunt Crust Hospitality Pvt. Ltd.

CNR MHCC01000431201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 09th November 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100310/2019
Registration Date
20 Feb 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: 16-04-2019
    Business: Adv for plaintiff Mrs.Prachi present
    Matter is Adjd for Affidavit of Service to 20/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Prachi for plaintiff.
    Adjd for service on 26/11/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Prachi Bhujbal for plaintiff present.
    Defendant absent.
    Adv. For plaintiff filed application for re-issue fresh summons.
    Order . issue fresh summons as prayed.
    Matter is adjd to 08.01.2020 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Modi for plaintiff present.
    Adv. For defendant absent.
    Matter is adjd to 03.02.2020 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 26.03.2020 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to Covid 19
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 17.02.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 08.04.2021 for Affidavit of Service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Both the parties and their advocates are absent.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 22.07.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: Court is on Leave.
    Due to Covid-19 pandemic.
    Matter is adjd to 21.09.2021 for Affidavit of Service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Court is vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Plaintiff absent.
    Affidavit of service is not filed. Hence plaintiff is directed to take necessary steps on next date.
    L.O. at. 12.45 pm.
    Adv. For plaintiff present.
    Adv for plaintiff has tendered affidavit of service TOR and marked as Exh.3.
    Matter is adjd to 08.12.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: None present.
    L.O. 1.30 pm
    Adv c   Juris link firm for plaintiff present
    Plaintiff present.
    Affidavit of service is placed on record on last date. Defendant failed to appeared. Hence suit to proceed ex-parte.
    Matter is adjd to 15.01.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Plaintiff and defendant absent.
    Adv. Raujesh for plaintiff is present.
    Matter is adjd for Ex-parte evidence to 07.02.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As holiday declared by government to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshker matter adjd to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 16/09/2022 for Ex-parte Evidence.
    Later on :- at 04.10 p.m.
    Adv. Ms. Mugdha Modi for Plaintiff present and filed Affidavit of Evidence.  O :- Read and recorded.
    She also filed List of Documents alongwith documents.
    Matter already adjourned to 16/09/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Adv. Mugdha Modi for plaintiff present.
    The list of documents is already filed on record.  Following documents are marked as Exhibits-
    Exh.06-The invoices raised by the plaintiff onto the defendant from December 14, 2017 to December 28, 2017.
    Exh.07-The Office copy of the Demand Notice dated September 26, 2018.
    Exh.08-The ledger account of the defendant maintained by the plaintiff.
    Exh.09-The certificate under Section 65-B of the Evidence Act.
    Matter adjd. to 09.11.2022 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv.Ms.Mugdha Modi for plaintiff present.
    Defendant ex-parte.
    F.R.S.R following order is passed.
    ORDER
    1)	Summary Suit No. 310 of 2019 is hereby partly decreed with 	cost.
    2)	Defendant do pay an amount of Rs.1,06,993/-(Rupees One Lakh Six Thousand Nine Hundred Ninety Three Only) to the plaintiff along with interest at the rate of 12 % p.a. from the date of filing of suit i.e. 09-01-2019 tll its realization.
    3) 	Plaintiff is entitle for refund of court fees, as per rules.
    4)	Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 09-11-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100432/2019
    Filing Date: 09-01-2019
    First Hearing Date: 16th April 2019
    Decision Date: 09th November 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Nov 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010004312019 Presented on : 09-01-2019 Registered on : 20-02-2019 Decided on : 09-11-2022 Duration : 03Y, 10M,00D EXHIBIT-10 IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 310 OF 2019 M/s. Kaveesha Foods Through its POA Holder Mr. Hiten Doshi, aged about 40 years, residing at 9, Prasthan Mandpeshwar Road, Borivali(West), Mumbai-400 103. ...Plaintiff Versus Brunt Crust Hospitality Pvt. Ltd. 1A, Ground Floor, 44 Khatau Building, Shahid Bhagat Singh…

    Read Full Order

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