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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Jolly Polymers Pvt LtdVsSmt. Rupali Kiran Patil +1 more

CNR MHCC01000573201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th July 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100188/2018
Registration Date
12 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-04-2018
    Business: Adv. Mr. Pande for plaintiff present.
    None for the defendant.
    Plaint
    VP
    Address Memo
    List of document
    Adv. for plaintiff filed affidavit of service alongwith postal acknowledgement original writ of summons t.o.r. and is marked Exh. 5
    Vakalatnma of defendant.
    Matter is adj. to 23/07/2018 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Business: Representative of Plaintiff present.
    Adv. Pandey for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff has filed original Summons for Judgment no.147/18 alongwith affidavit, TOR.
    Matter is adjd. to 11/10/2018 for S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Adv. Mansi Jaiswal for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 03/12/2018  for S/J reply as last chance.
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2018
    
    Date: 03-12-2018
    Business: Adv. Jaiswal for Plaintiff present.
    None for Defendant.
    On the previous date last chance was granted to the defendant to file the reply on S/J, but they has failed to do so, hence case is adjourn for S/J hearing without reply.
    Matter is adjd. to 11/01/2019 for S/J Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-01-2019
    
    Date: 11-01-2019
    Business: Adv. Mansi Jaiswal  for Plaintiff present.
    None for Defendant.
    on the oral request of the advocate for plaintiff,
    Matter is adjd. to 08/02/2019 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv. Mansi Jaiswal for Plaintiff present.
    None for Defendant.
    Matter is adjd. to 11/03/2019 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 11/04/2019 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv for plaintiff Mr.Pawan pande present
    None for the defendant.
    Heard Argument of Adv for plaintiff on S/J
    Matter is Adjd for Further Argument if any on S/J 147/18 to 10/07/2019
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Representative of plaintiff present.
    KB
    LO
    Adv. Mansi Jaiswal for plaintiff present.
    None present for defendant.
    On oral request by plaintiff\''s adv., adjd. for SJ argument
    to 04.09.2019.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Adv. Pandey for plaintiff present.
    None for deft.
    Adjd. to 16.10.2019 for argument (PH)
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv. Pandey for plaintiff present.
    None for deft.
    SJ to proceed without reply.
    Plff to file original documents relied by him.
    Adjd. to 17.01.2020 for filing documents.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. Jaiswal for plaintiff.
    On the request of plaintiff adv adjd to 08.04.2020 for filing original documents/claim affidavit.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: P.O. is on leave.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Reason For Adjournment: National Lock Down
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Mansi Jaiswar present for the plaintiff.
    None present for the defendant.
    Evidence affidavit  TOR
    List of documents  TOR
    She filed evidence for pursis TOR O-
    Matter is adjd to 10.11.2021 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Ms.  Suman Gupta for plaintiff present.
    None for defendant.
    KB LO
    Heard argument for plaintiff.
    Matter is adjd to 23/11/2021 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Pandey for plaintiff present.
    None for defendant.
    KB for argument 01.20 p.m.
    L.O. at 01. 45 p.m.
    Adv. Suman Gupta for the plaintiff present.
    Heard argument of ld. advocate of plaintiff.
    Matter is adjd. to 29/11/2021 for Ex-parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Pandey for plaintiff present.
    None present.
    L.O.
    Adv. Ankur Pahade for the defendant present and filed adjournment application. It is marked as Exh.10.
    Order- The suit has been kept for Ex-parte Judgment after hearing  from the side of the plaintiff.  The advocate of plaintiff has argued  the suit before my predecessor on 10/11/2021. Again on 23/11/2021, he argued before me and the suit was kept for Judgment. Actually, the Judgment is not delivered, before delivering judgment the advocate of defendant filed adjournment application.  Prima-facie from record disclosed that, the defendant want to prolong the suit but one opportunity  needs to be granted to him subject to costs of Rs.2000/-(Rupees Two Thousand) to plaintiff. If costs not paid today then the suit be kept for Judgment on 01/12/2021.
    L.O. at 05.20 p.m.
    Adv. Suman Gupta for the plaintiff present.
    Adv. Ankur Pahade for the defendant present and filed application for tendering the costs  in office treasury as plaintiff is refused to accept the costs.  It is marked as Exh.11.
    Order- The plaintiff is not ready to accept costs. Therefore, defendant is permitted to deposit costs in Court account after treasury hours.
    Matter is adj. to 01/12/2021 for SJ reply/Judgment.
    Next Purpose: REPLY
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Suman Gupta for plaintiff present.
    Adv. Vilas Patil for the defendant present and filed application. It is  marked as Exh.12 O- Only production is allowed.
    The advocate of defendant filed document and submitted that the defendant have deposited the amount of plaintiff. Therefore, matter is likely to be settled.
    Matter is adjd. to 11/12/2021 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-12-2021
    
    Date: 11-12-2021
    Business: NATIONAL LOK-ADALAT HELD ON 11/12/2021  (Panel No.5)
    Matter pertains to C.R. No.15
    None present.
    Matter adjd to 13/01/2022.
    Mrs. Savita Randhe   Ms.Priya Laud               S.P.Agarwal
    Panel Member         Panel Member           Panel Head
    Next Purpose: REPLY
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 16/03/2022 for SJ reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. C. J. Chavan for plaintiff present.
    Plaintiff present.
    None for defendant.
    Matter is adjd. for SJ reply/hearing to  22-04-2022.
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Advocate Ms. Gupta for plaintiff present.
    Plaintiff present.
    None for defendant.
    Matter is adjd. for SJ reply to  04-08-2022.
    Next Purpose: REPLY
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: As court is vacant.
    Next Purpose: REPLY
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. Ashok Gupta present for plaintiff.
    None present for defendant.
    Counsel of plaintiff submitted that the defendant have paid principal amount the plaintiff want to proceed with this matter for recovery amount only. The defendant failed file reply however it is contention of plaintiff have leave may be granted to the defendant to raise the defense as the suit claim is restricted the amount only. Considering the submission SJ stand disposed off. The defendant granted is leave to raise the defense within stipulated period.
    SJ proceeding closed.
    Matter stands adjourned step on  21-08-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: None present.
    KB.
    L.O. 12.55 pm.
    Adv.Ashok Gupta present for plaintiff.
    None present for defendant.
    The defendant failed to raise  the defence by filing written statement, hence, proceed ex-parte.
    Matter stands adjourned for ex-parte evidence on 18-10-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-10-2023
    
    Date: 18-10-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: Adv.Ashok Gupta present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for Ex-parte evidence on 09-01-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: Representative of plaintiff present in person.
    None present for defendant.
    KB
    L.O. at 12.35 pm.
    Adv.Suman Gupta present for plaintiff, tendered additional affidavit TOR marked as Exh.12.
    None present for defendant.
    Matter stands adjourned for Ex-parte evidence on 06-03-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Adv.Ashok Gupta present for plaintiff.
    None present for defendant.
    The following documents are exhibited under the list Exh.8.
    The Document at Sr.No.4 is the Tax Invoice No.5401 dated 30/04/2014 TOR marked as Exh.13.
    The Document at Sr.No.5 is the L.R. Issued by M/s. Nasik Vapi Transport bearing No. 0076 dated 04/04/2014 TOR marked as Exh.14.
    The Document at Sr.No.6 is the Cheque No. 831417 issued by the Defendants along with its dishonor memo issued by banker of the plaintiff TOR marked as Exh.15.
    The Document at Sr.No.7 is the Notice dated 23/10/2017 TOR marked as Exh.16.
    The Document at Sr.No.8 is the reply of the defendant dated 13/11/2017 TOR marked as Exh.17.
    The Document at Sr.No.9 is the rejoinder dated 25/11/2017 TOR marked as Exh.18.
    The Document at Sr.No.10 is the speed post registration receipt showing posting of notice and rejoinder TOR marked as Exh.19.
    Matter stands adjourned for R/E on 15-04-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: Adv.Suman Gupta present for plaintiff, tendered evidence closing pursis TOR marked as Exh.20.
    None present for defendant.
    Matter stands adjourned for argument on 13-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: Adv.Ashok Gupta present for plaintiff.
    None present for defendant.
    Matter stands adjourned for argument on 10-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Adv.Sonam Gupta i/b Clayderman and Co. present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed-
    Ex-parte Judgment Exh.21.
    ORDER
    1.Summary Suit No.188 of 2018, is hereby partly decreed.
    2.Plaintiff is entitled to recover from the defendants the interest amount at the rate of 9 percent per annum on principal amount of Rs.4,25,250/- from the date of default i.e. dishonour of cheque dated 26/06/2015, till the date of payment of principal amount.
    3.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 10-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100624/2018
    Filing Date: 12-01-2018
    First Hearing Date: 09th April 2018
    Decision Date: 10th July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Jul 2024

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Suit No.188/2018 MHCC010005732018 Presented on : 12/01/2018 Registered on : 12/02/2018 Decided on : 10/07/2024 Duration : 06Y 06M 00D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT NO.21 SUMMARY SUIT NO.188 OF 2018 (CNR NO.MHCC01-000573-2018) M/s. Jolly Polymers Pvt. Ltd., A company incorporated under Companies Act, 1956 having its registered office at 261, C Wing, Shanti Industrial Estates, S. N. Road, Tambe Nagar, Mulund, Mumbai – 400 081.…

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