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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Metal GemsVsM/s. Elixir Enterprises +1 more

CNR MHCC01000442202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100269/2020
Registration Date
06 Mar 2020
Next Hearing Date
22 Oct 2026
Case Stage
ARGUMENTS

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37 · Rule2

    Case History / Proceedings

    Case History
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    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: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Adv. Krishnagopal S. Tripathi for plaintiff present.
    None for defendant.
    Today matter is for report.
    Ex.02   Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
    He states that writ of summons returned without service.
    Ex.03  Ld Adv for plaintiff filed application for issuance of fresh writ of summons and service through the court of Ld. District and Sessions Judge, Bhopal, at Jail Rd, Arera Hills, Bhopal, Madhya Pradesh 462027 t.o.r. O- Perused application. Heard Advocate of plaintiff. Hence issue writ of summons to defendant under order 5 Rule 21 of CPC on process fee.
    Matter adjd for service affidavit to 10-06-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. K.S. Tripathi for plaintiff present.
    None for defendant.
    Ex.04   Ld adv for plaintiff filed application t.o.r.
    O- Issue writ of summons/ reminder as prayed as per rule.
    Matter adjd for affidavit of service to 20-10-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv. Tripathi for plaintiff present.
    None for defendant.
    Ex. 5 Application for Hamdast. O-Hamdast allowed at the risk of plaintiff.
    Matter adjd for Service affidavit to 10.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv. Tripathi  for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit on 23/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Adv. Krishnagopal Tripathi for plaintiff present.
    None present for defendant.
    Exh.06 -service report. O-seen.
    Service not effected.
    Matter Adjd for steps on 19/04/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: None present.
    Matter Adjd for taking steps on 14/07/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. K. S. Tripathi  for plaintiff present.
    None present for defendant.
    Matter Adjd for steps on 07/09/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Court is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: Adv. Tripathi for plaintiff present.
    None present for defendant.
    Exh.07 - Application for issuing of fresh writ of summons.                O-Allowed as prayed.
    Matter Adjd for service affidavit on 10/01/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: None present.
    Matter be placed before Lok-adalat.
    Issue notice to both the parties.
    Later on at 11.49 am.
    Adv. K. S. Tripathi for plaintiff present.
    Matter Adjd for lok-adalat on 11/02/2023.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: Matter pertaining to C.R. No.13
    Both the parties and adv absent.
    Matter Adjd to 20/03/2023.
    Next Purpose: HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Adv. K. S. Tripathi  for plaintiff present.
    None present for defendant.
    Exh.08 - Application for extension of time for service of writ of summons by Hamdast. O-time extended till next date. Hamdast is allowed at the risk of applicant.
    Matter Adjd for hearing on 04/07/2023.
    Next Purpose: HEARING
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: P.O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: P. O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Court is Vacant.
    Next Purpose: HEARING
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: P.O is on training
    Next Purpose: HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Adv. K.S. Tripathi for plaintiff present. And filed draft Ch/s t.o.r.
    Order- Leave granted to register draft Ch/s.
    Matter is adjourned to 05.11.2024 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: None present.
    Matter is adjourned to 20.01.2025 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 20-01-2025
    
    Date: 20-01-2025
    Business: Adv. K.S. Tripathi for plaintiff present and submitted that roznama is wrongly typed and the matter is kept for reply, though it ought to have been original Ch/s.
    O- Roznama is according is corrected and time extended.
    Matter is adjourned to 11.02.2025 for Tendering original Ch/s.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 11-02-2025
    
    Date: 11-02-2025
    Business: Adv. K. S. Tripathi for plaintiff present.
    Matter is adjourned to 05.03.2025 for Ch/s.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: Adv. K. S. Tripathi for plaintiff present and tendered register Ch/s No.321/25 along with supporting affidavit TOR.
    ORDER BELOW EXH.321/2025
    By way of present Ch/s, plaintiff  is praying for substitute service by way of paper publication in two local news paper at Bhopal as the previous attempts to serve them by post were futile.  Considering the same, I am of view that defendants can be served by way of substituted service as preyed. Hence, following order -
    ORDER
    1. Ch/s No.321/25 is allowed as prayed.
    2. The defendant be served by way of substituted service in daily new papers  at Bhopal.
    3. Ch/s No.321/2025 is disposed of.
    Matter is adjourned to 16.06.2025 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-06-2025
    
    Date: 16-06-2025
    Business: Adv. K. S. Tripathi for plaintiff present and filed service affidavit of paper publication. Taken on record and marked as Exh.09 TOR. Order - The defendants are duly served vide paper publication on 24.04.2025. They failed to appear hence, suit to proceed Ex-parte.
    Matter is adjourned to 03.10.2025 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: Adv. K. S. Tripathi for plaintiff present and sought time to file evidence affidavit. Order - Time granted.
    Matter is adjourned to 21.11.2025 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-11-2025
    
    Date: 21-11-2025
    Business: Adv. K. S. Tripathi for plaintiff present.
    Matter is adjourned to 03.02.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-02-2026
    
    Date: 03-02-2026
    Business: Adv. K. S. Tripathi for plaintiff present.
    Matter is adjourned to 24.03.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-03-2026
    
    Date: 24-03-2026
    Business: Adv. K. S. Tripathi for plaintiff present and filed evidence affidavit of Mr. Ganpat V. Mehta(Partner) along with compilation of documents taken on record and marked as Exh.10 and Exh.11. Order - Evidence affidavit read and recorded and production allowed.
    Matter is adjourned to 08.05.2026 for Hearing on documents.
    Next Purpose: HEARING
    Next Hearing Date: 08-05-2026
    
    Date: 08-05-2026
    Business: None present.
    Later on at 02.45 p.m
    Adv. K. S. Tripathi for plaintiff present.
    Matter is adjourned to 01.07.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-07-2026
    
    Date: 01-07-2026
    Business: Court is busy in recording evidence No.6425/2004 and hearing argument in Sum Su No.248/2021, Sum Su No.513/2022, Sum Su No.872/2022, Sum Su No.246/2023 and Sum Su No.959/23.
    Matter is adjourned to 21.07.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 21-07-2026
    
    Date: 21-07-2026
    Business: Adv. K.S. Tripathi for plaintiff is present.
    Kept back
    Later on at 12.50 p.m
    Same appearance for plaintiff.
    AR of plaintiff Mr. Ganpat Mehta is present.
    Oath is administered to the plaintiff.
    Copy of Registrar of Firms, Certificate of Registration is compared with original and original is returned to the witness.
    Further examination-in-chief is recorded and following documents are marked.
    Exh.12 True Extract dt.18.05.2010 (Page No.3 to 5) (original is produced  for the purpose of comparison. Copy is compared with original and original is returned to the plaintiff)
    Exh.13 Certificate of Registration dt.16.12.1996. (original is produced  for the purpose of comparison. Copy is compared with original and original is returned to the plaintiff)
    Exh.14 (colly) Ledger period of 01.04.2012 to 31.03.2019 alongwith 65-B Certificate U/sec Indian Evidence Act. (Page No.7 to 16 document is marked on the basis of certificate U/sec. 65-b of Indian Evidence Act.)
    Exh.15 (colly)  Carbon copy of Tax invoice No.1888 and 1889 (Page No.17 and 18)
    Exh.16 Carbon copy of goods receipts No.243556 dt.12/11/2012 (Page No.19).
    Exh.17 (colly) Two original cheque Nos. 950636 and 950637 dt.30/08/2014 (Page No.20 to 21).
    Exh.18 (colly) Two original inward returned memos (Page No.22 to 23)
    Exh.19 (colly) Carbon copy of legal demand notice dt.16.12.2014 alongwith receipts and acknowledgment. (Page No.24 to 26)
    Exh.20 (colly) Carbon copy of demand notice alongwith registered post acknowledgment cards. (Page No.27 to 30)
    Exh.21 Legal demand notice dt.01.04.2016 (Page No.31 to 32).
    Exh.22 (colly) Carbon copy of legal demand notice dt.01.02.2018 alongwith two original postal receipts.
    Matter is adjourned to 19.08.2026 for  Further evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-08-2026
    
    Date: 19-08-2026
    Business: Suit is Ex-parte.
    Adv. K. S. Tripathi for plaintiff is present.
    Exh.23 - Evidence Closure pursis filed by plaintiff.
    Matter is adjourned to 22.09.2026 for Final Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-09-2026
    
    Date: 22-09-2026
    Business: Suit is Ex-parte.
    Adv. K. S. Tripathi for plaintiff is present.
    Matter is adjourned to 22.10.2026 for Final argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 100462/2020
    Filing Date: 10-01-2020
    First Hearing Date: 30th April 2020
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    21 Jul 2026

    Order Details: Other Pdf Text: Summary Suit 269/ 2020 Exh.10 1 / 2 Date :21.07.2026 Further Examination in chief of plaintiff witness Mr. Ganpat Mehta on oath by Adv.K. S. Tripathi, for plaintiff. As per order dt. 16-06-2025- suit is Ex-parte. Affidavit now shown to me bears my signature. Its contents are true. It is already marked as Exh.10 . Through List of Documents at Exh.11 , I have filed following documents. Same may be marked with Exhibit numbers. Exh.12…

    Read Full Order
    Order 1Full order available
    21 Jul 2026

    Order Details: Other Pdf Text: Summary Suit 269/ 2020 Exh.10 1 / 2 Date :21.07.2026 Further Examination in chief of plaintiff witness Mr. Ganpat Mehta on oath by Adv.K. S. Tripathi, for plaintiff. As per order dt. 16-06-2025- suit is Ex-parte. Affidavit now shown to me bears my signature. Its contents are true. It is already marked as Exh.10 . Through List of Documents at Exh.11 , I have filed following documents. Same may be marked with Exhibit numbers. Exh.12…

    Read Full Order

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