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Commercial Suit

Alapana Rajan ChaturvediVsKrishna Bhaskar Hodhave

CNR MHCC01000873202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 04th January 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100051/2020
Registration Date
22 Jan 2020

Advocates

2

Parties

2

Acts & Sections

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

Case History / Proceedings

Case History
Date: 20-02-2020
Business: Adv Ramesh Jain present for plaintiff.
None for Defendant.
Matter is Adjd for directions to 29-02-2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 29-02-2020

Date: 29-02-2020
Business: None present.
Issue summons to the defendant for filing of written statement.
Adjd for service to 27-03-2020
Next Purpose: SERVICE
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 15-10-2020

Date: 15-10-2020
Business: As Court is on leave
Next Purpose: SERVICE
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  26/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 24.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-12-2020

Date: 24-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Adv. Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Ld.Adv. for plaintiff seeks time for extension of service of summons. O-Time granted for 3 weeks.
Matter adjd to 27.01.2021 for Service report.
Next Purpose: SERVICE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.02.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Plaintiff absent.
Defendant absent.
Adv. Mr. Ramesh Jain for plaintiff present.
Adv.for defendant absent.
Application for extension of time to serve the writ of summons.  Granted.
Matter adjd to 15.03.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken.
Matter adjd to 01.04.2021 for order against plaintiff.
L.O. at 1.10 pm
Adv.Ramesh Jain for plff. present.
Already matter adjd. to 01.04.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Plaintiff absent
Defendant absent.
Adv. Ramesh Jain for plaintiff is present. He filed applicant for  extension of time to serve the writ of summons upon the defendant
None for  defendant.
Matter adjd  to  05/05/2021 for  await service.
Next Purpose: SERVICE
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 19.06.2021.
Next Purpose: SERVICE
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 1.30 p.m.
Adv. Ramesh Jain for plaintiff present.
The plaintiff has filed application for extension of time to serve writ of summons. O-Time is extended for service of writ of summons.
Matter is adjd to 28.09.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.09 pm
None present.
Matter adjd to 09.11.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.33 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request of plaintiff adjd to 24.11.2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.40 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request matter adjourned.
Matter adjd to 13.12.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.23 p.m.
Adv. Ramesh Jain for plaintiff present.
Matter adjd to 19.01.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 04.03.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: None present for plaintiff.
None present for defendant.
       Plaintiff remained absent. Service affidavit is not filed. Kept for order against plaintiff.
Matter adjd to 25.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: HHJ on leave.
Next Purpose: ORDER
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: None present.
KB LO 12.20.
Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Adv of plff seeks time to file service affidavit. Granted.
Adj. For Service affidavit on 30/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 23/09/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: None present.
Adj. For Service affidavit on 13/10/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Ramesh Jain Present for Plff and seeks time to file affidavit of service. Granted.
None Present for Deft.
Adj. For affidavit of service on 03/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Ex.05. adv of plff has filed service affidavit along with Bailiff report. It shows that deft served with suit summons on 21/09/2021. But till today deft did not appear. Hence suit be proceeded Ex-parte against him.
Adj. For Ex-parte Evidence on 23/11/2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Ex.06 - Adv of plff has filed chief examination of PW-1.
PW-1 – Rajan Parshuram Chaturvedi
Ex.07 - adv of plff has filed list of documents.
Document at Sr.no.1 to 5,8,9,10 are verified from its original by the Incharge Sheristedar Mr. Ajit R. More.
Heard Adv.of plaintiff on the point of exhibiting documents. As the suit is ex-parte, no argument of defendant. Document filed with list Ex.07 at Sr.no.1 to 4, 5,8,9,10 are verified from its original by the Incharge Sheristedar Mr. Ajit R. More hence marked exhibit as under.
Ex.08- Copy of Power of attorney.
Ex.09 – Original Money lending license.
Ex.10 – original demand promissory note dt.19/04/2016.
Ex.11 – Office copy fo Form no.10 of Money lenders Act.
Ex.12 – Copies of receipts of part payments.
Ex.13 – Office/ Carbon copy of the demand notice dt. 04/08/2017.
Ex.14 – Original courier receipt.
Ex.15 -Copies of receipts of part payment.
Ex.16 – Books fo accounts (Cash Book)
Ex.17 – Books of accounts (Ledger book)
	Suit is ex-parte, hence, no cross.
Ex.18- Adv of plff has filed evidence closure pursis. t.o.r.
Case adj. for Argument on 8/12/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Court on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv. Ramesh Jain Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
Exh.19- Judgment.
F.R.S.R. following order is passed.
1. Suit is decreed with costs as under.
2. Defendant is directed to pay the plaintiff sum of Rs.4,18,999/- with interest @ 18% p.a. from the date of suit till realisation of the amount.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 04-01-2023

Additional Case Details

Additional Case Details
Filing Number: 100478/2020
Filing Date: 10-01-2020
First Hearing Date: 20th February 2020
Decision Date: 04th January 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
04 Jan 2023

Order Details: Ex-parte Judgement Pdf Text: 1 Comm. Suit No.512020 MHCC010008732020 Presented on : 10/1/2020 Registered on : 22/1/2020 Decided on : 4/1/2023 Duration : 2Y/11M/13D Exh.19 IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT No.51 of 2020 Alapana Rajan Chaturvedi Age 35 years, of Mumbai an adult Indian Inhabitant having his address at Indira Nagar CHS Building No.2, D/302, Jaishankar Yagnik Road, Ganesh Temple, G.T.B. Nagar, Antop Hill, Mumbai400 037. ...PLAINTIFF VERSUS Krishna Bhaskar Modhave Age not known…

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