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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Infinity HVAC Spares and Tools Pvt. Ltd.VsMr. Nelson Dsoza

CNR MHCC01000966201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 12th September 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100233/2019
Registration Date
05 Feb 2019

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: 01-04-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 23/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Adv. Mishra for plaintiff present.
    Exh. 1- Plaint
    Exh. 2- V/p.
    Exh.3- List of document
    Exh.4- Memorandum of address.
    Exh. 5- Affidavit of service  filed by plaintiff. t.o.r.
    Exh.  6- Original writ of summons.
    Deft was sent suit summons on three different addresses. Deft is served suit summons through RPAD in the address of Viman Nagar,  Pune. Deft absent. Suit to proceed exparte.
    Adjd. for exparte evidence to 05.11.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Mishra for plaintiff present.
    None for deft.
    Adjd. to 07.01.2020 for exparte.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. B. S. Mishra for palintiff present.
    Adv. for defendant absent.
    Matter is adjd to 16.01.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Both parties and his advocate are absent.
    Matter is adjd to 17.02.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. V.S. Mishra for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed application under section 65(c) of evidence act, for permission to lead secondary evidence in respect of following document. Exh-7   Order- put for argument.
    Matter is adjd to 20.03.2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 18.04.2020 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Nationla Lock down
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: P.O. is on Leave.
    Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 08.03.2021 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent.
    Adv. J. S. Mishra For plaintiff present.
    Defendant and his adv are absent.
    Argument of Exh. 7 secondary Evidence
    Matter is adjd to 06.05.2021 for Argument of Exh. 7
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 06/07/2021 for Arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 13.08.2021 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. V. S. Mishra for the plff present.
    Matter is adjd to 07.09.2021  for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv V.S. Mishra  for plaintiff present.
    None for defendant.
    Adv for plaintiff filed application for permission to lead secondary evidence. TOR and it is marked as Exh.7 O- Considering circumstances application is allowed to lead secondary evidence in respect of documents named in the application.
    Matter is adjd to 18.01.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: None present.
    Matter is adjd for arguments to 05.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Adv V. S Mishra for plaintiff present.
    Matter is adjd for arguments on 18-04-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Adv. Mr. V. S. Mishra for Plaintiff present.
    Affidavit of Claim filed by advocate for the Plaintiff – Exhibit-8
    List of Documents.
    Heard Ld. Advocate for Plaintiff.  He submits that this court by Order dated 15/12/2021 has allowed his application to lead secondary evidence, as the originals are lost.
        In view of Order dated 51/12/2021 below Exhibit-7, the photocopies of documents produced alongwith List of Documents needs to be marked as Exhibit.  As such documents are marked as follows.
    Xerox copy of Tax Invoice Nos. PN1869/17-18, PN1898/17-18, PN1904/17-18, PN1945/17-18, PN1949/17-18, PN2120/17-18, and PN PN2167/17-18.
    Xerox copy of Advocate\''s notice dated 17/08/2018
    Xerox copy of Registered Post Receipts
    Xerox copy of returned registered post packet and postal track reports
    Xerox copy of Resolution dated 24/12/2018
    Certification I/s. 65-B
    Matter adjourned to 18/08/2022 for Ex-parte Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. V. S. Mishra for Plaintiff present.
    None for Defendant.
    Heard learned Advocate for plaintiff for some time.  Learned advocate for plaintiff is requested to clarify the total principal amount without adding any interest into the same.
    Matter adjourned to 06.09.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. V. S. Mishra for plaintiff present.
    None for Defendant.
    Heard final argument of plaintiff.
    Matter adjourned for ex-parte judgment on 12/09/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: None for Plaintiff.
    FRSR following order is passed-
                                       ORDER
    1) Summary Suit No.233 of 2019 is hereby partly decreed with costs.
    2)Defendant do pay an amount of Rs.67,917/-(Rupees Sixty Seven Thousand Nine Hundred and Seventeen Only) to the plaintiff along with interest at the rate of 09 percent per annum from the date of filing of the suit i.e. 24.01.2019 till its full realization.
    3)Decree be drawn up accordingly.
    4)Plaintiff is entitled for refund of Court fees, as per rules.
    Nature Of Disposal: DECREED
    Disposal Date: 12-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101070/2019
    Filing Date: 24-01-2019
    First Hearing Date: 01st April 2019
    Decision Date: 12th September 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Sept 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010009662019 Presented on : 24.01.2019 Registered on : 05.02.2019 Decided on : 12.09.2022 Duration : 03Y: 07M: 07D EXHIBIT 11 IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 233 OF 2019 M/s. Infinity HVAC Spares and Tools Private Limited having its registered office at Unit No.7, Godbole Estate, Opp. Kasturba Hospital, Sane Guruji Marg, Mahalaxmi, Mumbai 400 011. ...Plaintiff Versus Mr. Nelson Dsouza, Proprietor of M/s. Alpha Omega…

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