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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Manish Jagdish ChhedaVsMitesh Textiles

CNR MHCC01000770201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 16th July 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100030/2019
Registration Date
22 Jan 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-01-2019
    Business: Adv. Singh for Plaintiff present.
    None  for Defendant.
    Matter is adjd. to 26/02/2019 for Service report.
    L.O.
    Adv. Singh for Plaintiff present.
    Adv for plaintiff has filed registered S/J no.30/19 alongwith affidavit, TOR.
    Next Purpose: SERVICE
    Next Hearing Date: 26-02-2019
    
    Date: 26-02-2019
    Business: As the Court is on leave Board is discharged and the matter stands adjd. to
    Next Purpose: SERVICE
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Adv for plaintiff Ms.Priya Tiwari present
    She filed Affidavit of service of S/J
    Matter is Adjd for S/J 30/19 Hearing to 25/07/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv.Aniket Warlikar for plaintiff.
    None for defendant.
    Defendants are served SJ on 30/01/2019 through RPAD.
    They have failed to filed reply to SJ within time.
    Therefore SJ to proceed. Original documents not filed.
    Adj for Hearing of SJ on 24/09/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: P.O is on leave. Adjd to 23/10/19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. Chirag i/b Adv. Panchal for plaintiff present.
    None for deft.
    Adjd. to 22.01.2020 for SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Niti for plaintiff.
    Adjd for filing original documents and claim affidavit to  30.01.2020.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Plaintiff present. Adv. Neeti for plaintiff
    Adv. Ankit Chaturvedi for defendant filed Draft NM @ affidavit. Leave granted to register. Copy be served to other side.
    Adjd for service of NM to 02-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 02-05-2020
    
    Date: 02-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 22-05-2020
    
    Date: 22-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to heavy rain declare holiday hence matter adjd to 26-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-09-2020
    
    Date: 26-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: PO is on special leave
    Next Purpose: SERVICE
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Priya Bombade for plaintiff present. She filed reply to NM.
    Copy is served on the defendant.
    Adv. Chaturvedi for defendant present.
    Time is extended to register NM.
    Adjd to 15/07/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: None present for both parties.
    Matter is adjd to 05.10.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None present
    KB LO
    Advocate Ms. Aditi Motwani for the plaintiff present.
    None for defendant.
    Matter is adjd to 17.11.2021 for SJ reply
    Next Purpose: REPLY
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: ADv Motwanif for plaintiff
    Nonef for defendant
    Matter is adjd to 07-01-2022 sj hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv. Motwani  for the plaintiff present.
    None for defendants.
    Matter is adjd. to 18-02-2022  for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Aditi for plff. present.
    None for deft.
    The adv. of deft. had taken leave to register NM, but till today he has not tendered registered NM. Therefore earlier leave to register NM is cancelled. The deff. also failed file reply to SJ, therefore suit to proceed without the Written Statement.
    Matter is adjd. for No Written Statement hearing to  30-03-2022.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Advocate Ms. Aditi for plaintiff present.
    Plaintiff present.
    None for defendant.
    She filed claim affidavit alongwith compilation of original documents. TOR
    Matter is adjd. for marking document to 27-06-2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Ms. Aditi Motwani For Plaintiff present
    None present for defendant.
    Exh.1- Plaint
    Exh.2- V/p
    	Exh.3- Memorandum of address.
    Exh.4- List of documents.
    	Exh. 5- Claim affidavit
    	Exh. 6- List of documents.
    	Exh. 7- Promissory Note.
    	Exh. 8- Copy of Notice dtd. 30/06/2018.
    	Exh. 9- Original acknowledgement from Post office.
    	Exh.10- Particulars of Claim.
    Adjd to 27/07/2022 for Ex-parte arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Adv. Gargi Maideo I/b Deven Dwarkadas for plaintiff , seeking time. Time is granted.
    None for defendant.
    Matter stands adjourned to  argument on 14-07-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Adv.Gargi Maideo present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for SJ hearing on 21-09-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Gargi Maideo i/b Deven Dwarkadas and Partners for plaintiff present.
    None present for defendant.
    Heard.
    Matter stands adjourned to 10.10.2023 for further arguments.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: None present.
    KB
    L.O. at 2.45 pm.
    Adv. Gargi Maideo i/b Adv. Deven Dwarkadas  Partners for plaintiff.
    Matter stands adjourned for argument on 10-11-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: As presiding office is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: None present.
    KB.
    L.O. at 12.15 pm.
    Adv. Prajakta Samel for present plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument on 23-01-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: None present.
    KB.
    L.O. at 4.45 pm.
    None present.
    Matter stands adjourned for reply on 26-03-2024.
    Next Purpose: REPLY
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Adv.Prajakta Samel present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    Kept back.
    Later on at 1.04 p.m.
    Adv. Prathamesh Sharma for defendant present and tendered application for adjournment. TOR. Exh-11
    Matter stands adjourned for Summons for Judgment Hearing
    on 13.06.2024
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: Adv.Gargi Maideo i/b Deven Dwarkadas  for plaintiff.
    Adv.Prathamesh Sharma present for defendant, tendered VP TOR marked as Exh.12.
    He also tendered adjournment application TOR marked as Exh.13.
    The Summons for Judgment is already served upon the defendant, thenafter defendant took out Notice of Motion on 30-01-2020, but did not get it registered till the date, hence, matter proceed ex-parte and now the matter is fixed for ex-parte argument, hence, application Exh.12 stands rejected.
    Matter stands adjourned for Summons for Judgment hearing
    on 16-07-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Adv. Gargi Maideo i/b Deven Dwarkadas and partners present for plaintiff, tendered evidence closing pursis TOR marked as Exh.14.
    None present for defendant.
    Heard the argument of plaintiff.
    F.R.S.R. following order is passed-
    Ex-parte Judgment Exh.15.
    ORDER
    1.Summons for Judgment No.30 of 2019 in Summary Suit No.1170 of 2018, is hereby allowed.
    2.Summary Suit No.1170 of 2018, stands partly decreed with costs.
    3.Defendant is directed to pay the plaintiff a sum of Rs.5,00,000/- alongwith interest at the rate of 9 percent per annum from the date of default i.e. 01/07/2016, till its full realisation.
    4.Decree be drawn up accordingly.
    5.Court fees, if any, be refunded as per rule.
    6.Summons for Judgment disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100942/2019
    Filing Date: 22-01-2019
    First Hearing Date: 22nd January 2019
    Decision Date: 16th July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.30/2019 MHCC010007702019 Presented on : 22/01/2019 Registered on : 22/01/2019 Decided on : 16/07/2024 Duration : 05Y 05M 26D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.30 OF 2019 (CNR NO.MHCC01-000770-2019) IN SUMMARY SUIT NO.1170 OF 2018 MANISH JAGDISH CHHEDA Occ : Business, Residing at 10, Mayfair Building, 3rd floor, V. N. Road, Churchgate, Mumbai – 400 020. ] ] ] ...Plaintiff VERSUS AD Enterprise,…

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