SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT
Mr. Subhash Yelappa KutadeVsMr. Ashok Punjanath Barve
CNR MHCC01001178201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 28th June 2022
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100043/2019
- Registration Date
- 30 Jan 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 25-02-2019
Business: As the Court is on leave Board is discharged and the matter stands adjd. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-06-2019
Date: 03-06-2019
Business: Adv for plaintiff Mr.B.S.Patil present
Adv for deft Mr.Vaibhav Kamble present
Adv for plaintiff tendered registered S/J 43/19 along with affidavit.
Heard Argument of Adv for plaintiff on S/J
Adv for plaintiff has prayed to withdraw N/M No. 1784/18
FRSR Following order is passed
O-Notice of Motion 1784/18 stands withdrawn and disposed of.
Matter is Adjd for S/J Order to 04/07/2019.
Next Purpose: ORDER
Next Hearing Date: 04-07-2019
Date: 04-07-2019
Business: None for plaintiff.
None for deft.
Adjd.for SJ hearing to 27/08/2019.
LO
At 4.00 pm.
Adv. Patil for plaintiff present.
Heard argument on SJ.
Adjd for argument on Defendant on SJ
Adjd to 26/7/2019.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-07-2019
Date: 26-07-2019
Business: Adv. Patil for plaintiff present.
Adv. Kamble for defendant present.
Defendant present.
Draft NM along with affidavit filed by advocate for defendant. Leave granted to register. Copy served to other side.
adj for NM reply on 09/10/2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019
Date: 26-07-2019
Business: Adv. Patil for plaintiff present.
Adv. Kamble for defendant present.
Defendant present.
Draft NM along with affidavit filed by advocate for defendant. Leave granted to register. Copy served to other side.Adj for NM reply on 09.10.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-10-2019
Date: 09-10-2019
Business: Adv. B.S.Patil for plaintiff.
Adv. Vaibhav Kamble for defendant present. .
Adjd to 16/11/2019 for nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2019
Date: 09-10-2019
Business: Adv. B.S.Patil for plaintiff.
Adv. Vaibhav Kamble for defendant present. .
Adjd to 16/11/2019 for nm reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. B.S. Patil for plff present.
Adv. Vaibhav Kamble for deft present.
Registered nm 3462/19 @ affidavit tendered on record by deft.
F.R.S.R. following order is passed.
ORDER
1. The notice of motion is allowed and delay caused to the defendant in filing reply to the summons for judgment is condoned and the defendant is allowed to file the reply on or before next date subject to cost of Rs. 2000/- to be paid to the plaintiff by the defendant.
Adjd. for compliance 30.11.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2019
Date: 16-11-2019
Business: Adv. B.S. Patil for plff present.
Adv. Vaibhav Kamble for deft present.
Registered nm 3462/19 @ affidavit tendered on record by deft.
F.R.S.R. following order is passed.
ORDER
1. The notice of motion is allowed and delay caused to the defendant in filing reply to the summons for judgment is condoned and the defendant is allowed to file the reply on or before next date subject to cost of Rs. 2000/- to be paid to the plaintiff by the defendant.
Adjd. for compliance 30.11.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 30-11-2019
Date: 30-11-2019
Business: Adv. Vaibhav Kamble for plff present.
Application for extension of time for compliance
Allowed.
Adjd. to 21.01.2020 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2020
Date: 30-11-2019
Business: Adv. Vaibhav Kamble for plff present.
Application for extension of time for compliance
Allowed.
Adjd. to 21.01.2020 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2020
Date: 21-01-2020
Business: None present.
Adjd to 26.03.2020 for compliance.
Lo at 1.30pm Adv. B.S.Patil for plaintiff. Yet Compliance not done.
Adjd as last chance for compliance to 26.03.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2020
Date: 21-01-2020
Business: None present.
Adjd to 26.03.2020 for compliance.
Lo at 1.30pm Adv. B.S.Patil for plaintiff. Yet Compliance not done.
Adjd as last chance for compliance to 26.03.2020
Next Purpose: COMPLIANCE
Next Hearing Date: 26-03-2020
Date: 26-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2020
Date: 26-03-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020
Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 18-04-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 29-05-2020
Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present.
Adjd to 12-04-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2021
Date: 18-01-2021
Business: None present.
Adjd to 12-04-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv Balbhim Patil present for the defendant.
None present for the defendant.
KB
Arguments heard.
Matter is adjd to 10.11.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 10-11-2021
Date: 22-09-2021
Business: Adv Balbhim Patil present for the defendant.
None present for the defendant.
KB
Arguments heard.
Matter is adjd to 10.11.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: None for both parties.
Matter is adjd to 07/12/2021 for order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 10-11-2021
Business: None for both parties.
Matter is adjd to 07/12/2021 for order.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: Adv. Mr. Balbheem Patil for the plaintiff present.
None for defendant.
As per roznama dated 16/11/2019, the defendant failed to deposit costs. Even defendant failed to reply SJ. Since long the suit is order of SJ. But, defendant has not complied the order dated 16/11/2019 and no reply is filed. Though defendant has appeared on record. But, failed to file reply as well as WS on record. Therefore, suit to proceed without WS of defendants.
Matter is adjd. to 24/01/2022 for evidence of plaintiff ( Ex-parte)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2022
Date: 07-12-2021
Business: Adv. Mr. Balbheem Patil for the plaintiff present.
None for defendant.
As per roznama dated 16/11/2019, the defendant failed to deposit costs. Even defendant failed to reply SJ. Since long the suit is order of SJ. But, defendant has not complied the order dated 16/11/2019 and no reply is filed. Though defendant has appeared on record. But, failed to file reply as well as WS on record. Therefore, suit to proceed without WS of defendants.
Matter is adjd. to 24/01/2022 for evidence of plaintiff ( Ex-parte)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 17/03/2022 for evidence of plaintiff ( Ex-parte)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2022
Date: 24-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is adjd. to 17/03/2022 for evidence of plaintiff ( Ex-parte)
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Matter is adjd. for recording evidence to 21-04-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2022
Date: 17-03-2022
Business: Adv. B.S. Patil for plaintiff present.
None for defendant.
Matter is adjd. for recording evidence to 21-04-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Advocate Mr. B.S. Patil for plaintiff present.
Plaintiff present.
None for defendant.
kb
Later on
Advocate Mr. B.S. Patil for plaintiff present.
Plaintiff present.
None for defendant.
Exh.09-Original dishonored Demand Promissory Note for Rs. 1,50,000/-, dated 10th April, 2017. TOR Document at Sr. No. 1.
Exh.10-Form No.10.TOR Document at Sr. No. 2.
Exh.11-Office copy of demand notice dated 24.07.2017 alongwith original two Postal receipts and two original return packets.TORDocument at Sr. No. 3.
Exh.12-Money Lending License of the Plaintiff pertaining to loan period.TOR Document at Sr. No.4.
Matter is adjd. for recording evidence to 09-06-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022
Date: 21-04-2022
Business: Advocate Mr. B.S. Patil for plaintiff present.
Plaintiff present.
None for defendant.
kb
Later on
Advocate Mr. B.S. Patil for plaintiff present.
Plaintiff present.
None for defendant.
Exh.09-Original dishonored Demand Promissory Note for Rs. 1,50,000/-, dated 10th April, 2017. TOR Document at Sr. No. 1.
Exh.10-Form No.10.TOR Document at Sr. No. 2.
Exh.11-Office copy of demand notice dated 24.07.2017 alongwith original two Postal receipts and two original return packets.TORDocument at Sr. No. 3.
Exh.12-Money Lending License of the Plaintiff pertaining to loan period.TOR Document at Sr. No.4.
Matter is adjd. for recording evidence to 09-06-2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv B.H.Patil for plff present.
None for deft.
Adjd to 22/6/2022 for exparte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2022
Date: 09-06-2022
Business: Adv B.H.Patil for plff present.
None for deft.
Adjd to 22/6/2022 for exparte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-06-2022
Date: 22-06-2022
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 22-06-2022
Business: P. O. is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2022
Date: 28-06-2022
Business: Adv. B.S. Patil For Plaintiff present.
None present for defendant.
Heard arguments of ld. Adv. For Plaintiff.
Ex-parte Judgment.
F.R.S.R. following order is passed.
ORDER
1. Suit is decreed with costs.
2. The Plaintiff\''s is entitled to recover an amount of
Rs. 1,50,000/- from defendant with interest at the rate of 9 % p.a. from the date of filing suit till realization of amount.
3. Decree be drawn up accordingly. Judge
Nature Of Disposal: DECREED
Disposal Date: 28-06-2022Additional Case Details
Additional Case Details
Filing Number: 101057/2019 Filing Date: 30-01-2019 First Hearing Date: 25th February 2019 Decision Date: 28th June 2022 Court Number And Judge: 15-COURT 15 ADDL SESSIONS JUDGE
Orders
1Final Order 128 Jun 2022
28 Jun 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE Case No. :SUMMONS FOR JUDGT/0100043/2019 Mr. Subhash Yelappa Kutade Vs Mr. Ashok Punjanath Barve Date : 28-06-2022 Business : Adv. B.S. Patil For Plaintiff present. None present for defendant. Heard arguments of ld. Adv. For Plaintiff. Ex- parte Judgment. F.R.S.R. following order is passed. ORDER 1. Suit is decreed with costs. 2. The Plaintiff&amp#039s is entitled to recover an amount of Rs. 1,50,000/- from defendant with interest at the rate of 9 p.a. from the date of filing suit till realization of amount. 3. Decree be drawn up accordingly. Judge Nature of Disposal : DECREED Disposal Date : 28-06-2022 COURT 15 ADDL SESSIONS JUDGE -- 1 of 1 --
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