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SUIT - SHORT CAUSE CIVIL SUIT

Amar Bhagwandas DodejaVsMeena B. Upadhyay

CNR MHCC01001427202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 26th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100880/2020
Registration Date
21 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 13-03-2020
    Business: None present.
    Adjd to 13-08-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: PO is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: As per office order 64/2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv Kavita Lalwani present for the plaintiff.
    None present for the defendant.
    Plaintiff filed service affidavit a/w postal acknowledgment on one of the addresses of defendant. Defendant failed to appear. Suit to proceed exparte against the defendant.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5 Service affidavit.
    Matter is adjd to 28.10.2021 for exparte hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv Kavita Lalwani present for the plaintiff.
    None present for the defendant.
    She filed affidavit of examination in Chief TOR O- filed.
    Matter is adjd to 23.11.2021 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Plaintiff is present.
    Adv. Kavita Lalwani  for the plaintiff present and evidence of plaintiff. t.o.r. and marked as Exh.7 filed list of  documents alongwith document. t.o.r. and marked as Exh.8.
    None for defendants.
    Matter is adjd. to 20/12/2021 for Ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: None present.
    Matter is adjd. to 19/01/2022 for Ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: The suit is posted for argument, in view of SOP dated 07/01/2022, Order No.07/22. Both parties to attend arguments  through VC on next date or otherwise filed written notes of argument.
    Matter is adjd.  to 29-03-2022 for arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: None present.
    Matter is adjd. for ex-parte argument to 14-06-2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    None for plff. Plff witness absent.
    None for deft.
    Adjd to 11/8/2022 for Marking documents.
                                                                                          Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As court is vacant.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: As court is vacant
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: As court is vacant
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: As court is vacant.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: Plaintiff present in person.
    Adv. Kavita Lalwani present for plaintiff.
    None present for defendant.
    The list of document already tendered, which is exhibited.
    The Document at Sr.No.1 is the photocopy of Cheque dated 23.5.2016 of Rs.250000/- certified by Kotak Mahindra Bankof plaintiff issued in favour of Defendant TOR marked as Exh.9.
    The Document at Sr.No.2 is the certified copy of Bank Statement issued by Kotak Mahindra Bank from 4-4-2016 till 31-3-2017 TOR marked as Exh.10.
    The Document at Sr.No.3 is the photocopy of cheque dated 31/5/2016 of Rs.9167/- certified by Kotak Mahindra Bank of Cheque issued by Defendant in favour of plaintiff TOR marked as Exh.11.
    The Document at Sr.No.4 is the photocopy of cheque dated 6-9-2016 of Rs. 9375 certified by Kotak Mahindra Bank of cheque issued by Defendant in favour of plaintiff TOR marked as Exh.12.
    The Document at Sr.No.5 is the Photo Copy of cheque dated 30/11/2016 of Rs. 9375/- certified by Kotak Mahindra Bank of cheque issued by Defendant in favour of Plaintiff TOR marked as Exh.13.
    The Document at Sr.No.6 is the Photocopy of cheque dated 27/2/2017 of Rs. 9375/-  certified by Kotak Mahindra Bank of cheque issued by Defendant in favour of plaintiff TOR marked as Exh.14.
    The Document at Sr.No.7 is the Plaintiffs Advocates letter dated 4/12/2019 alongwith acknowledgment TOR marked as Exh.15.
    She also tendered evidence closing pursis TOR marked as Exh.16.
    Matter stands adjourned for argument on 26-09-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv.Kavita Lalwani present for plaintiff.
    None present for defendant.
    Heard.
    K.B.
    Later on at 5.18 p.m.
    Judgment. Exh.17.
    F.R.S.R. following order is passed-
    ORDER
    1.S. C. Suit No.880/2020, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.2,50,000/- alongwith interest at the rate of 9 percent per annum, from the date of default i.e. notice of advocate of plaintiff dated 04/12/2019, till its full realisation, from defendants.
    3.Decree be drawn up accordingly.
    4.Court fees, if any, be refunded as per rule.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 26-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101486/2020
    Filing Date: 01-02-2020
    First Hearing Date: 13th March 2020
    Decision Date: 26th September 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Sept 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. S. C. Suit No.880/2020 MHCC010014272020 Presented on : 01/02/2020 Registered on : 21/02/2020 Decided on : 26/09/2023 Duration : 03Y 07M 26D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.17 S. C. SUIT NO.880 OF 2020 Amar Bhagwandas Dodeja, Adult, Indian Inhabitant, residing at 1903, Whitefield Chs Ltd., Hiranandani meadows, Gladys Alwaris road, Thane West, 400 610. ] ] ] ] ..Plaintiff V/s. Meena B. Upadhyay, Adult, Indian Inhabitant of…

    Read Full Order

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