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Commercial Suit

Mr. Dinesh Khimji JitiyaVsMr. Govind Mahadu Nannaware

CNR MHCC01000504202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th October 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100902/2021
Registration Date
14 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 37 Rule 3

Case History / Proceedings

Case History
Date: 08-06-2020
Next Purpose: REPORT
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 08.02.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.  Matter is adjourned to
Next Purpose: REPORT
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None present.
Matter adjd for report on 19.07.2021.
Next Purpose: REPORT
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 24.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.47 pm
None present.
Matter adjd to 29.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.03 pm
None present.
ORDER
If, writ of summons is not issued. Issue suit summons to defendant.
Matter adjd to 10.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.45 pm
None present.
Matter adjd to 08.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.32 pm,
None present.
KB
LO at 05.15 pm,
None present.
Matter adjd to 05.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Plaint (Exh.01)
Vakalatnama (Exh.02)
Memorandum of registered address
List of documents
By Preceipe Exh.5 t.o.r.
Adv. Balbhim Patil for plaintiff present.
The plaintiff filed application for extension of time for service of suit summons. O-Time extended for service of suit summons.
Already adjd to 05.01.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 29/01/2022 for Service Affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 22.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present for plaintiff.
None present for defendant.
Service affidavit not filed. Keep for order.
Matter adjd to 08.04.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Adv.Pushpa Goswami h/f.Adv.Balbheem Patil for plaintiff present.
None present for defendant.
The plaintiff filed application Exh.7 requesting to remove the suit from the caption of order.
ORDER
Heard. Service affidavit is not filed, hence, application 7 is kept for order.
Matter adjd to 13.06.2022 for order.
Next Purpose: ORDER
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: Adv Mr. B. Patil present for plaintiff.
Service report filed by adv for plff. at Exh.8.
Deft served with summons.
K.B. L.O. at 1.10 p.m.
None present for both parties.
Matter adjd to 13.07.2022 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Balbheem Patil for plaintiff present.
None for defendant.
As per service affidavit and bailiff report the defendant served with suit summons on 25.01.2022 but he did not appear. Hence, suit be proceeded ex-parte against him.
Case adjd for ex-parte evidence on 10.08.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: Adv. Balbheem Patil Present for Plff.
None Present for Deft.
Adv of plff seeks time to file evidence. Granted.
Adj. For Evidence on 24/08/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: None present.
KB LO. 1.00.
Adv. Balheem Patil Present for Plff and seeks time to file evidence. Granted.
Adj. For Ex-parte evidence on 17/09/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: Adv. Balbheem Patil Present for Plff and seeks time to file evidence. Granted.
None Present for Deft.
Adj. For Ex-parte evidence on 11/10/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-10-2022

Date: 11-10-2022
Business: Adv. Balbheem Patil Present for Plff.
None Present for Deft.
Ex.09 - Adv of plff has filed chief examination of PW-1 Dinesh Khimaji Gitiya.
PW-1 absent.
Ex.10 - Adv of plff has filed List with document.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Documents filed with list Exh.10 which are referred in chief examination are marked exhibit as under.
Ex.11 – Original dishonored cheque for Rs.3,00,000/- dt. 05/02/2019 bearing no. 100034 drawn on Abhyudaya Co-Op. Bank Ltd., Branch Andheri East.
Ex.12 – Original cheque dishonored memo dt. 16/02/2019 dishonored funds insufficient.
Ex.13 - Demand notice by the plff to deft dt. 04/04/2019 sent on 04/05/2019.
Ex.14 – Original two postal receipts.
Suit is ex-parte, hence, no cross.
Ex.15- Adv of plff has filed evidence closure pursis.
Adj. For Argument on 18/10/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Balbheem Patil present for the plff.
None present for the deft.
Heard argument adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.3,00,000/-.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 18-10-2022

Additional Case Details

Additional Case Details
Filing Number: 100551/2020
Filing Date: 13-01-2020
First Hearing Date: 08th June 2020
Decision Date: 18th October 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
18 Oct 2022

Order Details: Ex-parte Judgement Pdf Text: 1 Comm. Suit 9022021 MHCC010005042020 Presented on : 13/01/2020 Registered on : 14/03/2020 Decided on : 18/10/2022 Duration : 02Y/07M/04D IN THE CITY CIVIL COURT AT MUMBAI. (Court Room No.32) COMMERCIAL SUIT NO.902 OF 2021 Dinesh Khimji Jitiya of Mumbai an adult Indian Inhabitant, aged about 45 years, Occupation: Business, residing at C/32, Ambedkar Sadan, Arthur Road, Mumbai400 011. …PLAINTIFF VERSUS Mr. Govind Mahadu Nannaware of Mumbai an adult Indian Inhabitant, aged 38 years,…

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