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SUMMARY CIVIL SUIT - SUMMARY SUIT

Niraj KumarVsMr. Mubarak Rahim Shaikh

CNR MHCC01001033201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 17th January 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100651/2018
Registration Date
21 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 16-08-2018
    Business: Adv. Prthibha Gavane for Plaintiff present.
    None for Defendant.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Service affidavit.
    Summons to answer the plaint.
    The plaintiff is directed to produce the original documents and evidence if any.
    Matter is adjd. to 18/12/2018 for Exparte order.
    Next Purpose: ORDER
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Adv. Pratibha Ghavane for Plaintiff present.
    None for Defendant
    on the oral request of adv for plaintiff
    Matter is adjd. to 01.02.19 for exparte order.
    Next Purpose: ORDER
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Plaintiff present.
    Adv. Prathibha Gavhane for Plaintiff present.
    None for Defendant
    It appears that writ of summons is duly served upon defendant, but he remained absent hence suit is proceeded exparte.
    The advocate for plaintiff has filed evidence affidavit of plaintiff
    List of document.
    Matter is adjd. to 26/02/2019 for Exparte argument.
    Next Purpose: ARGUMENTS
    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: ARGUMENTS
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: None present.
    KB
    LO
    Adjd. to 11.12.2019 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: None present for the both the parties.
    Adj. For Argument on 04/02/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: None present
    Adjd for arguments to 06-05-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: PO is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: None present for both parties.
    Matter is adjd to 22-12-2021 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: None present.
    Adjourned to 15.02.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: None for both parties.
    Matter is Adjd. for Marking Docs. to 17/03/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: None present.
    Matter is adjd. for Marking of documents to 08-07-2022.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Both parties and their adv. absent.
    Adjd to 12/08/2022 for admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: As court is vacant.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: As Court is vacant
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: As court is vacant
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: As court is vacant.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: As court is vacant.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: Adv.S.S. Natu  present  for plaintiff.
    None present for defendant.
    The List of Document already exhibited at Exh.8.
    The Document at Sr.No.1 is the cheque dated 25.7.2015 bearing No.048282 TOR marked as Exh.9.
    The Document at Sr.No.2 is the Memo of the Cheque dated 21.10.2015 TOR marked as Exh.10.
    The Document at Sr.No.3 is the Copies of representations by the Pllaintiff to the defendant TOR marked as Exh.11.
    The Document at Sr.No.4 is the Copies of the Complaints by the Plaintiff to the Consumer Guidance society of India TOR marked as Exh.12.
    The Document at Sr.No. 5 is the Letter of Commitment from the defendant TOR marked as Exh.13.
    The Document at Sr.No.7 is the Letter of Commitment from the defendant dated 30.05.2017 TOR marked as Exh.14.
    Matter stands adjourned for argument on 23-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None Present.
    Matter  stands argument on 25-09-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: Adv.Sourabh Nattu present for plaintiff, Seeking time to file additional evidence. Time is granted.
    None preset for defendant.
    Matter stands adjourned for service on 23-11-2023.
    Next Purpose: SERVICE
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Adv.S.S. Nagur present for plaintiff, tendered evidence closing pursis TOR marked as Exh.15.
    None present for defendant.
    Matter stands adjourned for argument on 17-01-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: None present.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.651/2018, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.1,09,000/- alongwith interest at the rate of 9 percent per annum from 21/10/2015, till its full realisation from the defendant.
    3.Court fees, if any, be refunded as per rule.
    4.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 17-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101134/2018
    Filing Date: 18-01-2018
    First Hearing Date: 16th August 2018
    Decision Date: 17th January 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Jan 2024

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.651/2018 MHCC010010332018 Presented on : 18/01/2018 Registered on : 21/06/2018 Decided on : 17/01/2024 Duration : 06Y 00M 01D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY CIVIL SUIT NO.651 OF 2018 Niraj Kumar Occupation : Service, Presently R/a-18/1A, New Navy Nagar, Colaba, Mumbai - 400005. ] ] ] ..Plaintiff V/s. Mr. Mubarak Rahim Shaikh Through his Director, M/s. Sai Bhumi Land Infrastructure Pvt. Ltd., Dreamland CHS Ltd, Flat…

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