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.…
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
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1CODE 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
1Final Order 1Full order available
12 Jan 2023
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