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Commercial Suit

Vimmi Bharat JainVsG. Kiran Kumar

CNR MHCC01001404202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 31st March 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100398/2020
Registration Date
18 Feb 2020

Advocates

2

Parties

2

Respondent

  1. 1G. Kiran Kumar

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 39

Case History / Proceedings

Case History
Date: 18-03-2020
Business: None present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency.
Matter adjd to 16/4/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Next Purpose: DIRECTIONS
Next Hearing Date: 04-07-2020

Date: 04-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 03-10-2020

Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 13.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: As the Court is on leave Board in discharged and the matter stands
adjd. to  27.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
Matter adjd to  12/11/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 08.12.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 19.12.2020 for Direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 15/01/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 12.02.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Adv. of plaintiff filed application for issuance of fresh summons, Exh.2 t.o.r.
Issue fresh summons as prayed.
Matter adjd to 08.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 03.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 21.04.2021 for awaiting service report.
Next Purpose: REPORT
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays
Next Purpose: REPORT
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 14.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: PO is on Leave.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.55 pm
None present.
Matter adjd to 18.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.25 pm
Adv.Ramesh Jain for plaintiff present.
Adv.of plaintiff tendered service affidavit, Exh.3 a/w. original writ of summons t.o.r.
ORDER
       Read the service affidavit, the acknowledgement card. The acknowledgement card bears postal seal dated 15.03.2021. Summons appears to have been served on the defendant on 15.03.2021. Nobody appeared for the defendant. Suit to proceed ex-parte against defendant.
Matter adjd to 05.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 12.10 p.m.
Adv.Ramesh Jain for plaintiff present.
On oral request of Adv. for plaintiff, Matter adjd to 16.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: 16.10.2021 is holiday declared.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.30 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request adjd for filing ex-parte evidence on 24.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.39 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request matter adjourned.
Matter adjd to 13.12.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.15 p.m.
Adv.Ramesh Jain for plaintiff present.
The plaintiff filed adjournment application t.o.r. marked as Exh.4.
O-Time granted.
Matter adjd to 19.01.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 29.01.2022 for evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 05.02.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.42 pm,
Adv.Ramesh Jain for plaintiff present.
In view of SOP dated 06.01.2022, matter adjd to 25.02.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-02-2022

Date: 25-02-2022
Business: None present for plaintiff.
None present for defendant.
The plaintiff is absent. No evidence is adduce. Keep for order.
KB
LO at 01.04 pm,
None present.
KB
LO at 03.39 pm,
Adv.Ramesh Jain for plaintiff present. He filed adjournment application, Exh.5 t.o.r. O-Rejected.
Matter adjd to 05.03.2022 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 05-03-2022

Date: 05-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.11 pm,
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered application Exh.6 for adjournment t.o.r.
O-Heard the plaintiff. read the roznama. Sufficient time has been availed by the plaintiff. Last chance is granted subject to costs of Rs.500/- to be paid to Legal Aid Services.
Matter adjd to 19.03.2022 for ex-part evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.20 pm,
Adv.Ramesh Jain for plaintiff present.
Witness present.
The plaintiff today complied with the order of payment of costs imposed on Exh.6. Endorsement to that effect is made by the concerned Superintendent.
The plaintiff tendered statement of truth t.o.r. and marked as Exh.7.
The plaintiff tendered affidavit of evidence of Ms.Vimmi Bharat Jain (PW-1) t.o.r and marked as Exh.8 It is read and recorded.
The plaintiff tendered list of documents t.o.r and marked as Exh.9 It is read and recorded.
Heard the plaintiff on admissibility of documents. No submissions of otherside. Following order is passed regarding exhibition of documents.
1. The document at Sr. No.1 is bank passbook (page No.1-46). It is marked as  Exh.10.
2. The document at Sr. No.2 is plaintiff advocate letter dated 27.04.2019 (page No.47-51). It is marked as Exh.11 (colly)
3. The document at Sr. No.3 is defendants letter dated 04.05.2019 (page No.52-53). It is marked as  Exh.12.
Suit is ex-parte, hence, no cross.
Evidence close pursis, Exh.13 filed by Adv.of plaintiff t.o.r.
Heard final argument of advocate of plaintiff.
Matter adjd to 31.03.2022 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 31-03-2022

Date: 31-03-2022
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
KB for judgment.
LO at 05.00 pm
Judgment dictated and pronounced in open Court.
F.R.S.R. following order is passed
ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.3,53,209.91ps (Rupees Three Lakhs Fifty Three Thousand Two Hundred Nine and Ninety One Paise Only) alongwith interest at the rate of 12% p.a. on the principal amount of Rs.2,87,900/-(Rupees Two Lakhs Eighty Seven Thousand Nine Hundred Only) from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 31-03-2022

Additional Case Details

Additional Case Details
Filing Number: 101550/2020
Filing Date: 03-02-2020
First Hearing Date: 18th March 2020
Decision Date: 31st March 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
31 Mar 2022

Order Details: Ex-parte Judgement Pdf Text: 1 Comm.SU No.398/2020 MHCC010014042020 Presented on : 03.02.2020 Registered on : 18.02.2020 Decided on : 31.03.2022 Duration : Y2, M1, D28 IN THE CITY CIVIL COURT FOR GR.BOMBAY AT MUMBAI COMMERCIAL SUIT NO.398 OF 2020 VIMMI BHARAT JAIN ) Age years of Mumbai an adult Indian Inhabitant ) having his address at 57, Khoja Kasam ) Building, 2nd Floor, Room No. 32, ) Near KEM Hospital, Parel, Mumbai – 12. )...Plaintiff V/s G. KIRAN…

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