Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Insta Capital Pvt. Ltd.VsM/s. Jinaam Fashion World +2 more

CNR MHCC01001370201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 03rd December 2021

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100208/2018
Registration Date
16 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 12-04-2018
    Business: Board discharged
    Matter is adj. to 10/07/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 10-07-2018
    
    Date: 10-07-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 11/10/2018 for Service.
    L.O.
    Adv. Kavita Lalwani for plaintiff present.
    Next Purpose: SERVICE
    Next Hearing Date: 11-10-2018
    
    Date: 11-10-2018
    Business: Adv. Kavita Lalwani for Plaintiff present.
    None for Defendant.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for plaintiff has filed,
    Affidavit of service.
    Claim affidavit.
    Matter is adjd. to 19/11/2018 for Filing original documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: P. O. is on Mediation Training
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Adv for plff.Ms.Kavita Lalwani present
    Adv for deft present
    Exh2Affidavit of service along with three RPAD Acknowledgements show that writ of summons is served upon deft 1 to 3.
    O-It appear though deft were legally served with summons they have failed to appear. Therefore, suit to proceed exparte against deft
    Matter is Adjd for Exparte Evidence on 25/03/2019
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: Matter transferred from Cr. no.09.
    Adv. Kavita lalwani Present for the Plff.
    None Present for the Deft.
    R and P not received from Cr.no.09.
    Adj. For Ex-parte Argument on 07/06/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Court is on leave
    Matter adjd to 06.07.2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: None present.
    Adv.for plaintiff
    Adv.for defendant
    Matter adjd to 25.07.2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: As Court  is busy in dictating judgment  suit no.6498/06.
    Hence, Board is discharged.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Adv.Ms. Kavita Lalwani for plaintiff present, she filed original documents with list.
    None for defendant present.
    Heard argument of advocate of plaintiff.
    Matter adjd for Ex-parte Judgment 29.08.2019
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Adv.Ms. Kavita Lalwani for plaintiff present.
    Adv.Rakesh Tripathi for defendant present.
    He tendered draft NM.
    Heard both sides. Leave to register is granted subject to cost of Rs. 2000/- plaintiff.
    Cost is received by advocate of plaintiff and endorsement is made on NM.
    Copy received by other side advocate.
    Matter adjd for filing original NM and reply to 01.10.2019.
    Next Purpose: REPLY
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: None from plaintiff.
    Adv. Ms. Subhashini Patil for defendant present and she tendered original NM No. 3452/19.
    Reply is filed by plaintiff TOR.
    Matter adj for  Hearing on NM to 23.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: P.O. is on leave. Hence matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Kavita lalavani for plaff present.
    Mudliyar for deft. Present.
    Heard both the side
    for reason separately recorded following order is passed.
    Order-
    1. The notice of motion no. 3452 of 2019 is allowed subject to cost of Rs.5,000/- (Rs. Five Thousand only) be paid to the plaintiff before next date.
    2. Defendants are granted permission to put their appearance and vakalatnama in this suit after payment of cost within stipulated period.
    3. Notice of Motion NO. 3452 of 2019 is disposed off.
    Matter is adjd to 11.02.2020 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Lalwani for plff. Present.
    Adv. Suhasini Patil for deft. Present.
    Adv. For the plff. Tendered draft S/J @ affidavit in support. t.o.r. Order- leave granted to register
    Cost received Rs.5000/- for plaintiff.
    Matter is adjd to 20.02.2020 for leave to defendant.
    Next Purpose: FOR___________________
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Kavita Lalwani for plff. Present.
    Adv. Subhasini Patil for deft. Present.
    Adv. For the plff. Filed affidavit of service of summons for judgment @ affidavit in support. Order- Seen and filed.
    Adv. For the deft. Filed affidavit in leave to defend. Order- Seen and filed.
    Matter is adjd to 24.02.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Kavita Lalwani for plff. Present.
    Adv. Mahesh Tiwari for deft. Present.
    Adv. For the plff. Filed affidavit of rejoinder in S/J no. 34/2020.
    Matter is adjd to 04.03.2020 at 12.30 p.m. for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Kavita Lalwani for plff. Present.
    Adv. Rakesh Tripathi for deft. Present.
    FRSR pronounced and following order is passed.
    ORDER
    1. Summons for Judgment No. 34 of 2018 is dismissed.
    2. Defendants No. 1 to 3 are allowed to defend the suit on the condition they shall deposit amount of Rs.12,50,000/- and file their written statement within four weeks from the date of this order.
    3. The defendants No. 1 to 3 are granted unconditional leave to defend and they shall file his written statement within four weeks within date  of this order.
    4. Costs in cause.
    5. Summons for Judgment No. 34 of 2018 is disposed off accordingly.
    Matter is adjd to 01.04.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: Due to Covid-19 Pandemic none appeared.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: P.O. is on leave.
    Matter is adjd to  01.04.2021 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Suhasini Patil for the deft present.
    As per order dt. 04.03.2020 defendant has not made compliance.
    Matter is adjd to 24.06.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 10.08.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Plaintiff absent.
    Defendant  and his advocate are absent.
    Adv. Kavita S. Lalwani for the plff present.
    Adv. For plff filed Non-Deposit certificate t. o.r.
    O – Seen and filed.
    L.O. 11.51.am
    Adv. Mahesh Tiwari for defendant present.
    Matter is adjd to  07.09.2021 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv Kavita Lalwani for plaintiff present.
    None for defendant.
    O- Defendant no. 1 to 3 failed to comply the order passed on Summons for Judgment.  None deposit certificate is produced on recored. Neither the amount is deposited not a written statement is filed. Hence suit proceeded for finial argument of plaintiff.
    Judgment Exh.5
    FRSR following order is passed
    ORDER
    1.The defendant nos.1 to 3 shall pay Rs.25,25,000/- (Rs. Twenty Five Lakhs Twenty Five Thousand Only) to the plaintiff  jointly and severally, with interest at the rate of 18 per cent per annum on the principal sum of Rs.25,00,000/- from the date of filing of the suit till its realization.
    2.The defendant nos. 1 to 3 do pay costs of the suit to the plaintiff.
    3.Court fee, if any, be refunded as per the rules.
    4.Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 03-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101508/2018
    Filing Date: 24-01-2018
    First Hearing Date: 12th April 2018
    Decision Date: 03rd December 2021
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    03 Dec 2021

    Order Details: Ex-parte Judgement Pdf Text: Filed on :24.01.2018 Registered On :16.02.2018 Decided on :03.12.2021 Duration : Y-03/M-01/D-20 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 208 OF 2018 Exhibit- 05 (SUMMONS FOR JUDGMENT NO. 34 OF 2020) CNR NO.- MHCC01-001370-2018 INSTA CAPITAL PVT. LTD. Company registered under the Companies Act, 1956, carrying on Business at 207, Niranjan,99 Marin Drive. Mumbai -400 002. ... Plaintiff V/s. 1. M/s. Jinaam Fashion World, A partnership Firm, Carrying on business…

    Read Full Order
    Interim Order 1Full order available
    04 Mar 2020

    Order Details: Order below exhibit Pdf Text: Judgment 1 Summ. Suit No.208/2018 Filed on : 24.01.2018 Registered on : 16.02.2018 Decided on : 04.03.2020. Duration : Year-02 Month-01 Days-12 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO. 34 OF 2020 IN SUMMARY SUIT NO. 208 OF 2018 (CNR NO.MHCC01-001370-2018) Insta Capital Pvt. Ltd. Address - 207, Niranjan, 99, Marine Drive, Mumbai - 400002. ...Plaintiff V/s. 1. M/s. Jinaam Fashion World Address: Block A, Building No. G-1051…

    Read Full Order
    Order 2Full order available
    03 Dec 2021

    Order Details: Ex-parte Judgement Pdf Text: Filed on :24.01.2018 Registered On :16.02.2018 Decided on :03.12.2021 Duration : Y-03/M-01/D-20 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 208 OF 2018 Exhibit- 05 (SUMMONS FOR JUDGMENT NO. 34 OF 2020) CNR NO.- MHCC01-001370-2018 INSTA CAPITAL PVT. LTD. Company registered under the Companies Act, 1956, carrying on Business at 207, Niranjan,99 Marin Drive. Mumbai -400 002. ... Plaintiff V/s. 1. M/s. Jinaam Fashion World, A partnership Firm, Carrying on business…

    Read Full Order
    Order 1Full order available
    04 Mar 2020

    Order Details: Order below exhibit Pdf Text: Judgment 1 Summ. Suit No.208/2018 Filed on : 24.01.2018 Registered on : 16.02.2018 Decided on : 04.03.2020. Duration : Year-02 Month-01 Days-12 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO. 34 OF 2020 IN SUMMARY SUIT NO. 208 OF 2018 (CNR NO.MHCC01-001370-2018) Insta Capital Pvt. Ltd. Address - 207, Niranjan, 99, Marine Drive, Mumbai - 400002. ...Plaintiff V/s. 1. M/s. Jinaam Fashion World Address: Block A, Building No. G-1051…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.