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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Assured Advertising and Media Pvt. Ltd.VsSignapurkar Leather House Pvt. Ltd. +3 more

CNR MHCC01001389201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 19th September 2024

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100223/2018
Registration Date
17 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    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.  for plaintiff present.
    None for the defendant.
    Plaint
    Vp
    Address memo
    List of document
    Adv. for plaintiff filed affidavit of service along with postal packet of defendant no. 2 and 3 having endorsement not known.  Acknowledgement of defendant no. 1 is filed but defendant no.1 is absent.  Hence, suit to proceed exparte against defendant no. 1.
    Matter is adj. to 13/08/2018 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-08-2018
    
    Date: 13-08-2018
    Business: Adv. Sonali Kamble  for Plaintiff present.
    None for Defendant
    Advocate for plaintiff has filed application for issuance of writ of  summons, Tor.
    Order - application allowed, issue fresh writ of summons upon defendant.
    Matter is adjd. to 10/12/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 10-12-2018
    
    Date: 10-12-2018
    Business: Adv for plaintiff Ms. Sonali Kamble present
    She filled application for extension of time for service of
    summons upon deft
    Granted
    Matter is adjd to 05/01/2019 for S/J
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Adv for plaff Ms.Akshada present
    She stated that service report is not received
    Matter is Adjd for report of service on 04/02/2019
    Next Purpose: REPORT
    Next Hearing Date: 04-02-2019
    
    Date: 04-02-2019
    Business: Adv for plff.Mrs.Sonali Kamble present
    Exh 7.She filed affidavit of service along with the unclaimed postal envelop with the remark as Unclaim for deft No 2 Sushila and postal acknowledgement with signature for deft no.2
    O-Hence, It appears that summons are legally served at deft no 2 and 3, but they have fail to appear therefore, suit to proceed exparte against deft no 2 and 3
    Matter is Adjd for Steps on 14/03/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv for plff.Mrs.Sonali Kamble present.
    Adv for deft.No.2 and 3 Mr. Sandeep Singh present.
    Exh 8 Adv for plff filed application to drop deft no. 4 from the suit
    O-In the interest of justice application allowed and plff to carry out amendment accordingly.
    L.O.
    Adv for deft no. 2 and 3 filed draft C/S along with affidavit and Vakalatnama
    O-Permission Grantted to register C/S
    Matter is Adjd for C/S hearing on 19/06/2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: None present.
    Matter adjd to 13.08.2019 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: P.O. is on training.
    Matter adjd to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Plaintiff is present.
    Adv. Sonali Kamble for plaintiff present.
    None for defendant present.
    Matter adjd for Filing original Ch/s and service affidavit to 22.10.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv.Sonali Kamble for plaintiff present.
    None  for defendant present.
    Matter adj for filing original Ch/s and service affidavit to 27.11.2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Shamli Hajela for plaintiff present.
    None for deft.
    Matter adj for Filing original Ch/s and service affidavit to 24/01/2020.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Nishad For plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 26.02.2020 for Ch/s service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Nishad for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 23.03.2020 for Ch/s service
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    
    Date: 24-04-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 24-04-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 17.02.2021  for Ch/S Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 03.04.2021 for  Ch/s Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 03.07.2021 for service of Ch/s.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: Due to Covid-19 Pandemic Matter adjd to 06.09.2021 for Ch/s Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Court is vacant.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is Vacant.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on leave hence, matter is adjourned.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Adv. Mr. Pintu Nishad for Plaintiff present.
    	None present for Defendant.
    	Matter adj. To 13/04/2022 for Ch/s. Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on training
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: As the court is busy in hearing Arguments in evidence in Sessions Case Nos. 1179/19, 1996/19 and order in S/J No. 30/2020 in Sum Suit No. 682/19. Hence, board is discharged.
    Matter adjourned to 23/09/2022 for Ch/s. Service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As Court busy in dictating Judgment in Sessions Case No.1851 of 2019, matter adjd. to 05.12.2022 for CS service.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: As Court is busy in dictating Judgment in SC 24/2020 and argument in SC 672/19, hence second session board is discharged.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: As Court time is over, second session remaining board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 20/04/2023 for service of C/S.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating judgment in Suit No.6358 of 2003, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 20/07/2023 for service on C/S.
    Next Purpose: SERVICE
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Arif Ansari i/b H and M Legal for plaintiff is present.
    The defendant and his advocate are absent.
    Order below Exh-1
    On hearing the counsel for the plaintiff and going through the record and roznama, it is found that defendants No.2 and 3 had filed the draft Notice of Motion for condonation of delay in filing appearance and leave to register it was granted. However, since then, neither defendants No. 2 and 3 nor their advocates are appearing. Therefore, the said draft Notice of Motion is idly remained pending on the file of this court without registration. The defendants No.2 and 3 had to take the steps for registration of draft Notice of Motion, and to serve the copy of it on the plaintiff. However, defendants No.2 and 3 failed though the matter was adjourned many times. On this background, counsel for the plaintiff prayed for dismissal of the said draft Notice of Motion.
    In view of the said aforesaid facts and the submissions of the counsel for the plaintiff, the draft Notice of motion taken out for condonation of delay in entering the appearance taken out by defendants No. 2 and 3 is hereby stands dismissed. The draft Notice of Motion shall be registered for statistical purpose.
    Order below Exh-1
    As the draft Notice of Motion taken out for the purpose of condonation of delay in entering the appearance  is dismissed,  suit to proceed ex-parte against defendants No.2 and 3.
    Matter is adj to 17.10.2023 for filing original documents, if any and evidence (ex-parte).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Arif Ansari for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 18.01.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Pintu Nishad for plaintiff is present and requested for adjournment. The matter is old. However, on the oral request of the ld. counsel the plaintiff, matter is adjourned with direction to file evidence on next date.
    Matter is adj to 13.02.2024 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff is absent.
    Adv. Mr. Pintu Nishad for the plaintiff is present and filed affidavit of evidence. TOR. It is marked at Exh. 09. O- R&R.  He also filed list of documents. TOR. It is marked at Exh. 10.
    Matter is adj to 26.03.2024 for hearing on admission and denial.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Court is on leave.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Asif Rana, plaintiff in person is prsent.
    Adv. Hamid Syed i/b H and M Legal for plaintiff is present.
    Heard counsel for the plaintiff on admission and denial of the documents.
    Matter is adj to 09.07.2024 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff in person is present.
    Adv. Shyamli Hajela for plaintiff is present
    Keep back.
    Later on at 1.45 pm
    Adv. Hamid Sayyed for plaintiff is present and filed an application for production of documents along with list and documents. Taken on record. It is marked as Exh-11 and 12 respectively.
    Heard counsel for the plaintiff on admission and denial of documents.
    Perused documents filed by plaintiff vide list Exh-10. Documents at Sr. No.1 and 10 are original, document at Sr. No.2 to 7 and 9 are office copies along with original postal receipt, acknowledgement receipt and original returned envelopes. Documents at Sr. No.8 statement of ledger accounts is supported by Certificate u/s 65B of The Indian Evidence Act filed vide list Exh-12. These documents are marked as Exhibits.
    Exh-13 Original Letter of Authority
    Exh-14 (colly) office copy of Invoice No. 3597/16-17 dated 18.02.2017, 3766/16-17 dated 03.03.2017, 3955/16-17 dated 18.03.2017, 4025/16-17 dated 25.03.2017, 0145/17-18 dated 21.04.2017, 1000/16-17 dated 06.07.2017.
    Exh-15 (colly)  Statement of ledger accounts supported by certificate u/s 65B of The Indian Evidence Act.
    Exh-16 (colly) Office copy of Notice along with original postal receipt, acknowledgement receipt and original returned envelopes.
    Exh-17 Original reply of the defendant to the notice.
    Matter is adj to 07.08.2024  for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 12.36 pm
    Adv. Pintu Nishad i/b H and M Associates for plaintiff is present and filed evidence close pursis. Taken on record. It is marked as Exh-18.
    Matter is adj to 02.09.2024 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present(appearance is not given).
    Heard ex-parte argument of counsel for plaintiff.
    Matter is adj to 19.09.2024 for further arguments/ex-parte judgment
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shyamli Hajele for plaintiffs is present.
    Keep back
    Judgment is marked as Exh-19
    FRSR following order is passed
    Order
    1.The Summary Suit No. 223 of 2018 is decreed with costs.
    2.The defendant shall pay to the plaintiff an amount of                         Rs.2,92,102/- (Rupees Two Lakhs Ninety Two Thousand One Hundred and Two  only).
    3.The plaintiff is entitled to simple interest on the amount of                            Rs.2,48,400/- at the rate of 7 percent p.a. from 24/01/2018  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 them, if any provided for in rules.
    5.The decree shall be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 19-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101447/2018
    Filing Date: 25-01-2018
    First Hearing Date: 13th April 2018
    Decision Date: 19th September 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    19 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010013892018 Presented on 25/01/2018 Registered on 17/02/2018 Decided on 19/09/2024 Duration 06Y: 07M: 25D Exhibit 19 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 223 OF 2018 M/s. Assured Advertising & Media Pvt. Ltd., ] A private Limited Company, duly registered ] under the Indian Companies Act, 1956 ] having their address at 314, Parvati Industrial ] Estate 314, Parvati Industrial Estate, New Sun Mill ] Compound, Lower Parel (West), Mumbai-400…

    Read Full Order
    Order 1Full order available
    19 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010013892018 Presented on 25/01/2018 Registered on 17/02/2018 Decided on 19/09/2024 Duration 06Y: 07M: 25D Exhibit 19 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 223 OF 2018 M/s. Assured Advertising & Media Pvt. Ltd., ] A private Limited Company, duly registered ] under the Indian Companies Act, 1956 ] having their address at 314, Parvati Industrial ] Estate 314, Parvati Industrial Estate, New Sun Mill ] Compound, Lower Parel (West), Mumbai-400…

    Read Full Order

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