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SUMMARY CIVIL SUIT - SUMMARY SUIT

Chandrakant Mansukhlal BhayaniVsApurva Kirtikumar Mehta

CNR MHCC01000619202215-COURT 15 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 12th January 2023

TrustJury record updated 05 Oct 2026

Case Overview

Registration Number
100037/2022
Registration Date
19 Jan 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 16-03-2022
    Business: Adv. Ashish Gupta for plaintiff present.
    None for defendant.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5-He filed application for service of writ of summons at new address of defendant. O-allowed.
    The plaintiff is directed to first carry out amendment in the suit, issue summons on new address.
    He also field application for paper publication kept on record.
    Matter is adjd. for service to 23-06-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Plaintiff in person present, his advocate absent.
    None for defendant.
    Plaintiff filed preacipe for taking matter on today\''s Board.
    Exh. 7-Service affidavit filed by plaintiff in person. TOR
    Matter is already adjd. for service to 23-06-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: CORAM : H. H. J. SMT. C. V. PATIL  (C.R. No.15)
    By Preacipe
    PC 130428 attached to Paydhuni Police Station present.
    He submitted summons report. Kept on record.
    Matter is already adjd. to 23-06-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: P. O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Matter pertains to C.R.No.15
    Adv. Ashish Gupta  for plaintiff present.
    None present for defendant.
    Ld. Adv. for plaintiff tendered registered CS No.1054 of 2022. TOR.
    Order below Chamber summons No.1054/2022
    1. The Chamber Summons No.1054 of 2022 is allowed.
    2. Plaintiff to carry out the amendment as prayed within 14 days of this order.
    3. No order as to costs.
    Matter Adjd for compliance on 20/09/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Matter pertains to C.R.No.15
    Plaintiff in-person present.
    None present for defendant.
    Exh.10 - Service affidavit. O-seen.
    Matter Adjd for ex-parte order on 08/10/2022
    Next Purpose: ORDER
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Matter pertains to C.R.No.15
    Plaintiff in-person present.
    None present for defendant.
    Order below Exh.01
    Defendant duly served as per Exh.10, but he failed to appear. Hence to proceed ex-parte against him.
    Matter adjd for ex-parte evidence on 04/11/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Matter pertains to C.R.No.15
    Plaintiff in-person present.
    None present for defendant.
    Exh.11 - Claim affidavit. O-read and recorded.
    Exh.12 - List of documents. O-be filed.
    Sheristedar to verify the list of documents.
    Matter Adjd for exhibiting the documents on 05/12/2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Matter pertains to C.R.No.15
    Plaintiff in-person present.
    None present for defendant.
    Order on Admissibility of documents-
    As all the documents are photocopies, it is marked as Article.
    Article
    Serial No.
    Description of document
    Article A
    01
    Copy of cheque dt.01.01.2021.
    Article B
    02
    Copy of return memo.
    Article C
    03
    Demand letter dt.03.11.2021.
    Article D
    04
    Return Envelops (1).
    Article E
    05
    Copy of Bank Passbook.
    Article F
    06
    Copy of DD dt.16.06.2021.
    Article G
    07
    Copy of complaint. dt.03.05.2022.
    Article H
    08
    Copy of description alongwith notice dt.
    Article-I
    09
    Copy of complaint dt.18.08.2022
    Article J
    10
    Copy of order dt.18.08.2022.
    Article K
    11
    Copy of order dt.27.07.2022
    Article L
    12
    Copy of complaint (Undated).
    Article M
    13
    Bailiff Report.
    Article N
    19
    Copy of guidelines.
    Exh.13 - Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte argument on 06/01/2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Matter pertains to C.R.No.15
    By Praecipe
    Plaintiff in-person present.
    None present for defendant.
    Exh.14 - Application for taking matter on today\''s board. Order-The matter is fixed on 06.01.2023 for argument. The plaintiff is adamantly submitting that, he wants to argue today. This court is already pre-occupied. The Court is also having additional charge of C.R.No.14, C.R.No.31, and C.R.No.32 and hence the court cannot hear the argument of plaintiff. Hence application is rejected.
    Matter already Adjd for ex-parte argument on 06/01/2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: Matter pertains to C. R. No. 15
    By praecipe
    plaintiff in-person present.
    None present for defendant.
    Heard final argument of plaintiff.
    Matter Adjd for ex-parte judgement on 12/01/2023.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Matter pertains to C.R.No.15
    Plaintiff in­person present.
    None present for defendant.
    F.R.S.R.   following   order   in   Summary   Suit   No.37   of   2022     is
    passed­
    ORDER
    1. The Summary Suit No.37 of 2022 is decreed with costs.
    2. Defendant   shall   pay   the   amount   of  Rs.84,00,000/­(Rupees
    Eighty   Four   Lacs   Only)  to   the   plaintiff   along   with   further
    interest at the rate of 9 percent per annum from the date of
    filing suit till its actual realization.
    3. Decree be drawn up accordingly.
    4. Court fee if any be refunded as per rules to the plaintiff.
    5. Judgment is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 12-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111118/2021
    Filing Date: 16-12-2021
    First Hearing Date: 16th March 2022
    Decision Date: 12th January 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Jan 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010006192022 Presented on 16-12-2021 Registered on 19-01-2022 Decided on 12-01-2023 Duration Year Month Days 01 00 27 CNR No. MHCC010006192022 EXH.15 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.37 OF 2022 CHANDRAKANT MANSUKHLAL BHAYANI Age: 47 years, Occupation : Business, Hindu, Indian Inhabitant, residing at Flat No. 603, Samir “A” wing, Sushil Samir Cooperative Housing Society Limited, Atmaram Sawant Marg, Near Children Academy School, Kandivali (East), Mumbai 400 101. ..Plaintiff. V/s.…

    Read Full Order

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