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SUMMARY CIVIL SUIT - SUMMARY SUIT

Ashok Champalal JainVsSandeep M. Dhanuka

CNR MHCC01000868202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 03rd November 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100117/2020
Registration Date
22 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 07-02-2020
    Business: By Precipe,
    Adv for deft Mr.Gaurav Nyayanit present.
    Adv for deft filed VP. Keep for order
    Already adjd for Report to 17.03.2020.
    Next Purpose: REPORT
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: By Precipe,
    Adv for plaintiff Mr.Rahul Choube present.
    Adv for plff.filed draft S/J along with affidavit.
    O-Leave granted to register S/J.
    Already Adjd for S/J Hearing to 17.03.2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Adv for plaintiff Mr.Rahul Choube present.
    Adv for deft Mr.Gaurav present.
    Adv for plff. tendereed register S/J 39/20
    Matter is Adjd for S/J 39/20 Reply to 10.07.2020.
    Next Purpose: REPLY
    Next Hearing Date: 10-07-2020
    
    Date: 10-07-2020
    Business: National Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 26-08-2020
    
    Date: 26-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
    Next Purpose: REPLY
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: P.O. is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    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: REPLY
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: As P.O. is on 40 hrs Online Mediation Training for the
    Judicial Officers scheduled to be held from 15th to 22nd March, 2021
    Adjd to
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 06.10.2021  for reply of S/J.
    Next Purpose: REPLY
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: None for plaintiff.
    Adv for defendant present.
    Adv for defendant prayed for grant of time to file reply to Summons for Judgment. It is not within time. Hence defendant to take necessary steps.
    Matter is adjd to 17.12.2021 for steps by the defendant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: None present.
    Matter is adjd to 24.01.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: None present.
    Matter is adjd for steps to 05-04-2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Mr. Rahul Choube for Plaintiff present and submits that since long Defendant has not filed reply to SJ.  He prays to make SJ absolute.
    Considering the period of the COVID-19 Pandemic, some more time, as a last chance is granted to the Defendant.  If Defendant fails to file the reply, necessary Orders will be passed.
    None for Defendant.
    Matter adjourned to 23/09/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As Court busy in dictating Judgment in Sessions Case No.1851 of 2019, matter adjd. to 14.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv.Rahul Chaubey for plaintiff present.
    Adv.Jagdish Nagar for defendant present.  He tendered draft Notice of Motion along with affidavit seeking condonation of delay and reply on SJ.
    O-Leave is granted to register the Notice of Motion.
    Copy served to the plaintiff.
    Adv. for plaintiff seeks time to file reply.
    Matter is adj to 20/01/2023 for reply on N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Plaintiff and his Adv.Rahul Chaubey are present. He filed reply to draft N/M.
    None for defendant.
    It appears that defendant has yet not got N/M register. Defendant to comply the same before next date.
    Matter is adj to 13/03/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Rahul Chaubey for plaintiff present.
    Adv.Gaurav R.Nyayanit for defendant present.
    By consent, matter is adj to 10/04/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy hearing on SJ No.173/17 in Summary Civil Suit No.101/14 and SJ No. 394/14 in Suit No.7629/04, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 12/06/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his counsel are absent.
    Adv. Gaurav R. Nyanit for the defendant present tendered registered notice of motion No.584/2023 along-with affidavit in support.
    Matter is adj to 14.08.2023 for Hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Gaurav R. Nyayamit for defendant present.
    Matter is adj to 06/11/2023 for N.M. Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Rahul Chaubey for plaintiff is present.
    Heard counsel for plaintiff on NM No.584/23.
    FRSR following order is passed on NM No. 584/2023.
    Order
    1.Notice of Motion No.584/2023 is allowed and the delay in filing the reply for Summons for Judgment is condoned subject to cost of Rs.3,000/- (Rupees Three Thousand only).
    2.The defendant shall deposit the above costs in the Court on or before 24-11-2023.
    3. On depositing costs, the reply to the Summons for Judgment shall be taken on record.
    4. Notice of Motion No. 584/2023 is disposed off accordingly.
    Matter is adj to 24.11.2023 for compliance of order.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-11-2023
    
    Date: 24-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv Suresh M. Jain for plaintiff is present.
    Defendant and advocate are absent.
    Counsel for the plaintiff stated to have received the costs of Rs.3,000/- on 22-11-2023.
    The reply  of the defendant to the SJ shall be taken on record.
    Matter is adj to  06-03-2024  for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM  S. SHINDE-(C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv Gaurav R. Nyayanit for the defendant is present.
    Defendant has paid the cost. Hence, reply of defendant is taken on record.
    The plaintiff is given last chance to file the original documents.
    Matter is adj to 01.04.2024 for filing original docs and hearing SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-04-2024
    
    Date: 01-04-2024
    Business: Court is on half day leave(first session).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Suresh Jain for plaintiff is present and filed original documents along with list. Taken on record. It is marked as Exh-2. He has also filed rejoinder to the reply of Summons for judgment. Taken on record. The plaintiff is directed to serve the copy of rejoinder to The defendant.
    The defendant and his counsel are absent.
    Matter is adj to 01.08.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Parties are given last chance to argue on Summons for judgment.
    Matter is adj to 04.09.2024 for hearing on Summons for judgment.
    Later on at 12.26 pm
    Adv. Gaurav Nyanit for defendant is present.
    Matter is adj to 04.09.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Gaurav R. Nyayanit for defendant is present.
    Keep back.
    Later on at 12.21 pm.
    The plaintiff and his advocate are absent.
    Adv. Gaurav R. Nyayanit for defendant is present.
    The plaintiff was given last chance to argue on Summons for judgment. The plaintiff failed to argue on Summons for judgment. Hence, keep for dismissal order.
    Matter is adj to 05.10.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.(appearance is not given)
    Adv. Kunal Torne h/f Adv. Jagdish Nagar for defendant is present.
    Keep back.
    Later on at 12.04 pm
    Adv. Suresh Jain for plaintiff is present.
    Adv. Jagdish Nagar for defendant is present.
    Heard counsel for plaintiff on Summons for judgment
    Matter is adj to 15.10.2024 for hearing on Summons for judgment by the defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-01-2025
    
    Date: 13-01-2025
    Business: Court is on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-02-2025
    
    Date: 17-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.(appearance is not given)
    The defendant and his counsel are absent.
    Defendant is given last chance to argue on Summons for judgment.
    Matter is adj to 03.03.2025 for hearing on Summons for judgment by defendant.
    Later on at 12.36 pm
    Adv. Gaurav Nyayanit for defendant is present.
    Matter is adj to 03.03.2025 for hearing on Summons for judgment by defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Roshan Bamane h/f Adv. Suresh Jain for plaintiff is present.
    Adv. Jagdish Nagar for defendant is present.
    Keep back.
    Later on at 12.53 pm
    The plaintiff and his advocate are absent.
    Adv. Jagdish Nagar for defendant is present.
    Heard counsel for defendant on Summons for judgment No.39/20
    Matter is adj to 19.03.2025 for further argument/order on Summons for judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Suresh Jain for plaintiff is present.
    Keep back.
    Later on at 1.21 pm
    Adv. Kunal Torne for defendant is present.
    FRSR following order is passed on SJ No.39/20
    Order
    1)Summons for Judgment No. 39/2020 in Summary Suit No. 117/2020 is disposed off  as follows
    (a)Leave to defend the suit is granted to the defendant subject to condition that he shall deposit principal amount within 60 days from the date of this order.
    (b)The defendant will be at liberty to file his written statement on record within 30 days after depositing amount. 2)After depositing amount by the defendant, it be deposited in fixed deposits in any Nationalized bank initially for a period of two years and then subsequently, if required renew it every year.
    3)No order to costs.
    4)Summons for Judgment No. 39/2020 is disposed off accordingly.
    Matter is adj to 09.05.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-05-2025
    
    Date: 09-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is adj to 02.07.2025 for compliance.
    Later on at 11.58 pm
    Adv. Suresh Jain for plaintiff is present.
    Adv. Gaurav R. Nyayanit for defendant is present.
    Matter is adj to 02.07.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2025
    
    Date: 02-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of counsel for plaintiff is present and filed list of documents along with non deposit certificate. TOR and marked as Exh-3 and 4 respectively.
    Adv. Kunal Torne for defendant is present.
    Matter is adj to 29.07.2025 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-07-2025
    
    Date: 29-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 12.12 pm
    Both parties and their advocate are absent.
    They are given last chance to argue the matter
    Matter is adj to 22.08.2025 for argument.
    Later on at 1.15 pm
    Adv. Suresh Jain for plaintiff is present.
    Heard final argument of counsel for plaintiff
    Matter is adj to 22.08.2025 for argument by defendant/order.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-08-2025
    
    Date: 22-08-2025
    Business: P. O. is on half day leave(in first session).
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2025
    
    Date: 29-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Defendant is given last chance to argue the matter.
    Matter is adj to 13.10.2025 for argument.
    Later on at 1.12 pm
    Adv. Suresh Jain for plaintiff is present.
    Matter is adj to 13.10.2025 for argument/order.
    Next Purpose: ORDER
    Next Hearing Date: 13-10-2025
    
    Date: 13-10-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Gaurav R. Nyayanit for defendant is present.
    Keep back.
    Later on at 12.29 pm.
    The plaintiff and his advocate are absent.
    Adv. Jagdish Nagar for defendant is present.
    Heard final argument of advocate for defendant.
    Matter is adj to 03.11.2025 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 03-11-2025
    
    Date: 03-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Gaurav Nyayanit for defendant is present.
    Keep back.
    Later on at 1.25 pm
    Adv. Suresh Jain for plaintiff is present.
    Judgment is marked as Exh-5
    FRSR following order is passed
    Order
    1.The Summary Suit No. 117 of 2020 is partly decreed with costs.
    2.The defendant shall pay to the plaintiff an amount of  Rs. 2,00,000/- (Rupees Two Lakhs only).
    3.The plaintiff is entitled to simple interest on the amount of Rs. 2,00,000/- at the rate of 7 percent p.a. from 07/01/2020 i.e. the date of filing the suit till its full realization.
    4.The plaintiff may be entitled to get refund of the court-fees paid,  if any, provided for in rules.
    5.The decree shall be drawn up  accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 03-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 100329/2020
    Filing Date: 07-01-2020
    First Hearing Date: 07th February 2020
    Decision Date: 03rd November 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Nov 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010008682020 Presented on 07/01/2020 Registered on 22/01/2020 Decided on 03/11/2025 Duration 05Y: 09M: 27D Exhibit 05 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 117 OF 2020 Ashok Champalal Jain ] An adult Indian Inhabitant ] Trading in the name and style and as ] Proprietor M/s. Sanjayleen Textile ] Industries (India), having address ] at 316, Swadeshi Market Building, ] 1st Floor, R. No. A, Kalabadevi Road, ] Mumbai -…

    Read Full Order

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