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SUMMARY CIVIL SUIT - SUMMARY SUIT

Manvendra Himanshu KaneVsShashi Gopal

CNR MHCC01000450201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 15th February 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100264/2019
Registration Date
08 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: 04-04-2019
    Business: Adv for plaintiff Mr.Kadam present
    He requested for summons be issue by RPAD
    O-Issue summons as prayed.
    Matter is Adjd for Affidavit of Service to 29/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Adv. Mr. Rahul Kadam for plaintiff is present and filed affidavit
    of service. TOR
    Defendant and his advocate is absent.
    Defendants have refused to accept the postal package even after
    thrice intimation.
    Suit is to be proceed ex-parte.
    Ld. advocate for plaintiff has requested to serve suit summons to
    defendant through E-mail. As the RPAD service is completed.
    Therefore, the permission to serve through E-mail is allowed.
    Adjourned to 14.11.2019 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Rahul Kadam for plaintiff present.
    Defendant absent.
    Adv. for plff. filed affidavit of service.
    Matter is adjd to 09/12/2019 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: PO is on training
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: As court is on Leave.
    Matter is adjd to 01.02.2020 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Rahul Kadam For plff. Present.
    Adv. For deft. Absent.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv. For the plff. Filed affidavit of service. t.o.r. Exh-5 Order- Seen and filed.
    Ex-parte order passed below exh-1
    Order- defendant duely served with suit summons. But, failed to appear. Hence, suit to proceed against the defendant.
    Adv. For the plff. Also filed list of document. t.o.r. Exh-6 Order- Seen and filed.
    Affidavit in Lieu of Examination-in-chief at Sr.No.1 marked as Exh-7
    ICICI Bank Statement of the plaintiff no. 1 for the month of April 2015 at Sr.No.2 marked as Exh-8
    Original Certificate issued by ICICI Bank comfirming the transfer of Rs. 5,00,000/- from the ICICI Bank account of Plaintiff No.1 to Bank of Baroda bank account of defendant at Sr.No.3 marked as Exh-9
    Copy of email addressed by the defendant dated 15.04.2015 at Sr.No.4 marked as Exh-10
    Copy of email addressed by the defendant dated 15.04.2015 at Sr.No.5 marked as Exh-11
    Copy of email addressed by the defendant dated 11.06.2015 at Sr.No.6 marked as Exh-12
    Copy of email addressed by the defendant dated 30.07.2015 at Sr.No.7 marked as Exh-13
    Copy of email address by the defendant dated 13.01.2016 at Sr.No.8 marked as Exh-14
    Copy of email addressed by the plaintiff dated 24.04.2018 at Sr.No.9 marked as Exh-15
    Copy of email addressed by the defendant dated 30.04.2018 at Sr.No.10 marked as Exh-16
    Copy of email addressed by the plaintiffs dated 12.06.2018 at Sr.No.11 marked as Exh-17
    Copy of email addressed by the defendant dated 12.06.2018 at Sr.No.12 marked as Exh-18
    Copy of email addressed by the plaintiffs dated 27.12.2018 at Sr.No.13 marked as Exh-19
    Particulars of claim dated 10.01.2019 at Sr.No.14 marked as Exh-20
    Original certificate under section 65B of Indian evidence Act, 1872 dated 13.11.2019 at Sr.No.15 marked as Exh-21
    Argument heard
    Matter is adjd to 15.02.2020 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Rahul Kadam for plff. Present.
    Judgment Exh-22  pronounced and following order is passed.
    ORDER
    1. The defendant shall pay Rs.5,00,000/- (Rs. Five Lakhs Only) to the plaintiffs with interest at the rate of 10 percent per annum from the date of filing of the suit till its realization.
    2. Defendant do pay costs of the suit to the plaintiff.
    3. Decree be drawn accordingly.
    4. Court fee, if any, be refunded as per rule.
    Nature Of Disposal: DECREED
    Disposal Date: 15-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100466/2019
    Filing Date: 10-01-2019
    First Hearing Date: 04th April 2019
    Decision Date: 15th February 2020
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Feb 2020

    Order Details: Copy of Judgment Pdf Text: Filed on : 10.01.2019 Registered on : 08.02.2019 Decided on : 15.02.2020 Duration : Yr-01 Mth-00 Ds-06 THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO.264 OF 2019 (CNR NO.MHCC01-000450-2019) Exhibit-22 1. Manvendra Himanshu Kane, Address : J-149, Lokmanya Nagar, T.H. Kataria Marg, Mahim, Mumbai – 400016. 2. Himanshu Wasudeo Kane, Address : J-149, Lokmanya Nagar, T.H. Kataria Marg, Mahim, Mumbai – 400016. …Plaintiffs ..Versus.. Shashi Gopal, having office and c/o…

    Read Full Order

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