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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Hoo Agro ProcessVsM/s. R.B. Dande and Associates +1 more

CNR MHCC01001171201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 15th July 2024

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100221/2018
Registration Date
17 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-04-2018
    Business: Adv. Mr. Kadam for plaintiff present.
    None for the defendant.
    adv. for plaintiff seeks time.
    Later on at 3.10pm.
    Adv. Mr. Pawan tiwari for defendant present and filed VP. Keep for confirmation.
    Matter is adj. to 13/08/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Adv. Prakash Kadam for Plaintiff present.
    None for Defendant.
    The plaintiff has filed affidavit of service.
    Suit is proceeded exparte .
    Matter is adjd. to 12/11/2018 for Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-11-2018
    
    Date: 12-11-2018
    Business: Matter transferred from Cr. no.28.
    Adv. Prakash Gaikwad Present for the Plff.
    None Present for the deft. no.1 and 2 Proceeded Ex-parte.
    Ld counsel for the Plff filed Chief in affidavit of PW1. t.o.r.
    Ld counsel for the Plff filed Compilation of the documents. t.o.r.
    PW1 Present. Chief Examination Recorded following documents proved. No cross-examination offered. Witness discharge.Adj. For Ex-parte Final Argument on 07/12/2018.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2018
    
    Date: 07-12-2018
    Business: Adv for plaff Mr. Deepak Sharma present
    Adv for deft. Ms. M.S. Singh present
    He filled application for adjournment
    and in the same application prayed for
    copy of plaint to be supplied to him
    Rejected
    Matter is adjourn for fresh Exparte argument on 16/01/2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv for plff.Ms.Megha Keluskar present
    Adv for deft Mr. Ramesh singh present
    He has filed draft N/M along with affidavit
    Order
    Permission Granted to register
    Copy of N/M supplied by Adv for deft to Adv for plff
    Matter is Adjd for Reply to N/M on 13/02/2019
    Next Purpose: REPLY
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Adv for plff.Ms.MeghaKeluskar present
    Adv for deft Mr.Pawan Tiwari present
    Adv for deft tendered registered N/M
    Adv for plff filed reply to N/M
    Adv for deft stated that he received copy of reply
    Matter is Adjd for N/M 557/19 Hearing on 20/03/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Matter transferred from Cr. no.09.
    Adv. A. K. Singh Present for the Plff.
    Adj. For Hearing of NM 557/19 on 27/06/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: None present.
    Adv.Megha Keluskar for plaintiff present.
    Adv.Pawan Tiwari for defendant present.
    Advocate for defendant orally request  for adjournment.
    Matter adjd to 09.08.2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: P.O. is on training. Matter adjd for ..
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv.Ms.Keluskar for plaintiff present.
    None for defendant present.
    Matter adjd for NM hearing to 22.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: None present.
    Matter adj for N/M Hearing to 08/01/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Ms. Keluskar for plaintiff present and submitted that the deft. is not proceeding with his NM since long.
    None for defendant.
    Adjd. for NM hearing to 24/2/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Megha Kelushakar for plff. Present.
    Adv. For deft. Absent.
    Argument heard of plaintiff.
    Matter is adjd to 07.03.2020 for N/M Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Both parties and his advocate are absent.
    Matter is adjd to 03.04.2020 for N/M Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lock Down
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 26.02.2021 for NM for Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 21.04.2021 for N/M Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 08/07/2021 for N/M for Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 03.09.2021 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is Vacant
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Court is vacant
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: None present.
    Matter is adjd for NM for dismissal to 18.02.2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv Megha Keluskar for plaintiff present
    None for defendant.
    It is prayed by the adv for plaintiff that the defendant is not appearing in the matter since long hence NM may be dismissed. O- Put for necessary order on next date.
    Matter is adjd for necessary order on 06-04-2022
    Next Purpose: ORDER
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: ORDER
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: Adv. Mr. Deepak Sharma for Plaintiff present.
    None for Defendant.
    It appears that Defendant since long time has not turned up to this court to proceed in the NM No. 557/2019 filed by him.  Admittedly, in this meantime there was pandemic and hence court was not fully functional.  In the interest of justice issue notice to the Defendant to appear in the matter on Court Motion.  It is needless to mention that failure of Defendant to appear and proceed in the matter as per law, would entail Ex-parte proceedings.
    Matter adjourned to 08/07/2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: Adv. Ms. Megha Keluskar for Plaintiff present and submits that the Defendant has taken out the NM No. 557/2019 for setting aside Ex-parte Order.  Plaintiff has filed a reply on 13/02/2019.  However, Defendant is consistently absent and therefore matter is stalled.  She prays for dismissing the NM in default.
    This court on last date i.e. on 06/06/2022 had directed the Defendant to workout the NM else suit would proceed Ex-parte.  Still Defendant is absent.  Rejecting the NM in default would be harsh order against Defendant.  Therefore, in the interest of justice, as a last chance, matter adjourned to 12/08/2022 for NM Hearing/Order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Deepak Sharma a/w. Adv. Chaitanya Purankar i/b. DMS Legal for Plaintiff present.
    None for Defendant.
    FRSR following order is passed-
                              ORDER
    1.  Notice of motion no.557/2019 is allowed subject to cost of Rs.500/- (Rupees Five Hundred Only) within four weeks from the date of this order to be paid to DLSA, Mumbai.
    2.  The appearance of defendant be taken on record on depositing the cost.
    3.  If defendant complies the above condition plaintiff would be at liberty to take proper steps to proceed in the matter.
    4.  Notice of Motion No.557 of 2019 is disposed of accordingly.
    Matter adjourned to 13.09.2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: None for plaintiff.
    None for defendant.
    It do not appear that defendant has complied with order dated 12.08.2022.  There is nothing on record to show that the defendant has deposited the amount of cost.
    Hence, matter adjourned for steps by plaintiff.
    Matter adjd. to 22.11.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv.Chaitanya Purankar for plaintiff present.   He tendered draft Summons for Judgment along with affidavit.
    O-Leave is granted to register the Summons for Judgment.
    None for defendant.
    Plaintiff is directed to serve the copy of SJ to the defendant and filed service affidavit of SJ.
    Matter is adj to 09/02/2023 for affidavit of service of SJ.
    Next Purpose: SERVICE
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: Adv.Pooja Khandagale i/b Adv.Deepak Sharma for plaintiff present.  She tendered registered SJ No.09/2023 along with affidavit.
    She also tendered affidavit of service of SJ.
    From the affidavit it transpires that the SJ is duly served on both the defendants on 07/02/2023.
    As statuary period for filing reply to SJ is not yet lapsed, matter is adjourned for reply to SJ to 19/04/2023.
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating Judgment in Sessions Case No.208 of 2020, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 14/07/2023 for reply
    Next Purpose: REPLY
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Both parties and their advocates are absent.
    Defendant failed to file reply to SJ. Hence, matter to proceed further without reply.
    Matter is adj to 25.10.2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv.Deepak Sharma for plaintiff is present.
    Matter is adj to 06.12.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Both parties and their counsel are absent.
    Matter is adj to 14.02.2024 for Summons for Judgment hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.
    kept back. 2.45
    Leter on 2.45
    Adv. for plaintiff is present and argued on summons for judgment.
    Matter is adj to 07/03/2024 for hearing on SJ by defendant/ order.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv for plaintiff is present.
    Keep back.
    Later on at 4.00p.m.
    Defendant and advocate are absent.  He failed to argue on SJ.
    Matter is adj to 22.03.2024 for order on SJ.
    Next Purpose: ORDER
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.
    Court is busy in dictating order in Notice of mottion No. 1112/24, 422/23, 84/23 and Ex-parte judgment in Sum Suit No. 928/21.
    Hence, Matter is adj to 05.04.2024 for order on summons for judgment No.9/23.
    Next Purpose: ORDER
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shrushti Vishwakarma for plaintiff is present.
    Court is busy in dictating order in Sum. Suit No.519/19, 1094/15 and on Exh-23 in Sum. Suit. No.1492/14.
    Hence, matter is adj to 18.04.2024 for Order on Summons for judgment No.9/23.
    Next Purpose: ORDER
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Both parties and their advocate are absent.
    Keep back.
    Matter is fixed for order on summons for judgment without reply. The plaintiff to satisfy how suit falls under Order-37, Rule-1(2) of Civil Procedure Code.
    Hence, Matter is adjourned to 04.05.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Adil Choudhary h/f Adv. Deepak Sharma for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 01.07.2024 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shrushti Vishwakarma h/f Adv. Deepak M. Sharma for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back
    Later on at 12.55 pm.
    Adv. Deepak M. Sharma with Adv. Shrushti Vishwakarma for plaintiff is present.
    The defendant and his counsel are absent.
    Heard counsel for plaintiff on Summons for judgment.
    Matter is adj to 15.07.2024 for order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    FRSR following order is passed on SJ No.9/23
    Order
    1)Summons for judgment No.09/2023 in Summary Suit No. 221/2018 is partly allowed with costs.
    2.Summary Suit No. 221/2018 is partly decreed as follows
    (a) The defendants shall jointly and severally to pay the plaintiff an amount of Rs.19,50,000/- (Rupees Ninteen Lakhs Fifty Thousands only).
    3.The plaintiff is entitled to simple interest on the amount of Rs.19,50,000/- at the rate of 7 percent per annum from 20/01/2018 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 by him, if any provided for in rules.
    5.Decree be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 15-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101292/2018
    Filing Date: 20-01-2018
    First Hearing Date: 13th April 2018
    Decision Date: 15th July 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    15 Jul 2024

    Order Details: Other Pdf Text: MHCC010002252023 Presented on 06/01/2023 Registered on 06/01/2023 Decided on 15/07/2024 Duration 01Y: 06M: 09D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 9 OF 2023 IN SUMMARY SUIT NO. 221 of 2018 M/s. Hoo Agro Process, a proprietary firm ] Through its proprietor Mr. Rizwan Khan ] having its office at Gala No.6, Willson ] Shopping Centre, Sonapur, Bhandup West, ] Mumbai – 400078. ]...Plaintiff Vs. 1. M/s. R.B. Dande and…

    Read Full Order
    Interim Order 1Full order available
    07 Dec 2018

    Order Details: Order below exhibit Pdf Text: 1: Order below Exh.13 in Summary Suit No.221/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER BELOW EXH.13 IN SUMMARY SUIT NO.221 OF 2018 CNR NO.: MHCC010011712018 M/s. Hoo Agro Process ]...Plaintiff V/s M/s. R.B. Dande & Associates and Anr. ]...Defendants. Appearances: Advocate Mr. Deepak Sharma for the plaintiff. Advocate Ms. M.S. Singh for the defendants. CORAM : HER HONOUR JUDGE MS. S.P. AGARWAL (C.R.NO.9) DATED : 7th DECEMBER, 2018. ORAL ORDER…

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    Order 2Full order available
    15 Jul 2024

    Order Details: Other Pdf Text: MHCC010002252023 Presented on 06/01/2023 Registered on 06/01/2023 Decided on 15/07/2024 Duration 01Y: 06M: 09D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 9 OF 2023 IN SUMMARY SUIT NO. 221 of 2018 M/s. Hoo Agro Process, a proprietary firm ] Through its proprietor Mr. Rizwan Khan ] having its office at Gala No.6, Willson ] Shopping Centre, Sonapur, Bhandup West, ] Mumbai – 400078. ]...Plaintiff Vs. 1. M/s. R.B. Dande and…

    Read Full Order
    Order 1Full order available
    07 Dec 2018

    Order Details: Order below exhibit Pdf Text: 1: Order below Exh.13 in Summary Suit No.221/2018 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI ORDER BELOW EXH.13 IN SUMMARY SUIT NO.221 OF 2018 CNR NO.: MHCC010011712018 M/s. Hoo Agro Process ]...Plaintiff V/s M/s. R.B. Dande & Associates and Anr. ]...Defendants. Appearances: Advocate Mr. Deepak Sharma for the plaintiff. Advocate Ms. M.S. Singh for the defendants. CORAM : HER HONOUR JUDGE MS. S.P. AGARWAL (C.R.NO.9) DATED : 7th DECEMBER, 2018. ORAL ORDER…

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