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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Firoz Hakimuddin Hawadwala +1 moreVsMr. Zafar Ahmed Siddiqui +1 more

CNR MHCC01001519201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 01st July 2024

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100199/2018
Registration Date
12 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: 09-04-2018
    Business: Both parties and Adv absent.
    Matter is adj. to 09/08/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 09-08-2018
    
    Date: 09-08-2018
    Business: Adv. Muhammed Iftikhar for Plaintiff present.
    None for Defendant.
    The advocate for plaintiff has filed evidence affidavit, TOR.
    List of document.
    Matter is adjd. to 12/09/2018 for Exparte argument.
    Next Purpose: HEARING
    Next Hearing Date: 12-09-2018
    
    Date: 12-09-2018
    Business: Adv.Ali for Plaintiff
    Plaintiff present.
    None  for Defendant
    Matter is adjd.27/09/2018 to  for exparte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-09-2018
    
    Date: 27-09-2018
    Business: Adv. Muhammed Ali for Plaintiff present.
    None for Defendant.
    Argument of plaintiff is heard.
    Matter is adjd. to 25/10/2018 for Exparte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv. Mohd. Ali for Plaintiff present.
    Adv. R. A. Visapure for Defendant present and filed vakalatnama, TOR subject to confirmation.
    Advocate for defendant has not filed vakalatnama within 10days from the date of service of writ of summons upon the defendants. Hence the appearance, is disallowed.
    Due to paucity of time,
    Matter is adjd. to 16/11/2018 for Exparte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 16-11-2018
    
    Date: 16-11-2018
    Business: Adv. Muhammed Iftikhar Ali for Plaintiff present.
    Adv. R. A. Misapure for Defendant present.
    Due to paucity of time,
    Matter is adjd. to 30/11/2018 for Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 30-11-2018
    
    Date: 30-11-2018
    Business: Adv. Mohd. Iftikhar Ali for Plaintiff present.
    Adv. Visapure for Defendant present and filed vakalatnama, TOR.
    Advocate for defendant has filed two draft Notice of Motion alongwith affidavit, one for condonation of delay in filing vakalatnama and another for setting aside the exparte order.
    Order  Leave is granted to register the Notice of Motion.
    Matter is adjd. to 15/12/2018 for N/M reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: As the Court is on Leave Board is discharged and the matter stands adjd to 11.03.19
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Adv. Mohd. Iftikhar Ali for Plaintiff present.
    Adv. Misa Kuli for Defendant present.
    Advocate for defendant has filed register NM no.4518/18 and 4519/18 alongwith affidavit, TOR.
    Advocate for plaintiff has filed reply affidavit on record in NM no.4518/18 and 4519/18.
    Advocate for defendant has filed rejoinder to the both Notice of Motion, Tor.
    Advocate for plaintiff has also filed  application for return of original documents, TOR.
    Order  Otherside to say.
    The otherside has given say.
    Order  Read the application and reply. Heard. The original documents filed by advocate for plaintiff be returned to the plaintiff as plaintiff wants to tender the said documents in 138 NI Act proceeding before the Ld. Magistrate, subject to condition that plaintiff shall produce the photocopy of the said documents on record and he shall produce the originals as and when required by the court. The concern clerk is directed to take the acknowledgment by advocate for plaintiff, while returning to original documents.
    Matter is adjd. to 05/04/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: None for plaintiff
    Adv for deft Mr.Misa Kuli present
    Heard Argument of Adv for deft on N/M 4518/18 and 4519/18
    Matter is Adjd for Argument of Adv for plaintiff on N/M to 02/07/2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: P.O.is on Training.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Mohd. Iftikhar Ali for plaintiff present.
    Adv. Misapure for deft. present.
    Adjd.to 15.11.2019 for nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: None present.
    KB
    LO At 1.20 p.m.
    None for plaintiff.
    Adv. R. A. Visapure for deft present.
    Heard adv. for deft. on Notice of motion.
    Adjd. for arguments of plaintiff to 27.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Mohd. Iftikar for plff present.
    Adv. Isapuri for deft present.
    Heard both sides.
    Adjd. to 04.12.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    
    Date: 09-12-2019
    Business: adjd to 30/01/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: None present.
    Adjd for compliance to 04-05-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2020
    
    Date: 04-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-05-2020
    
    Date: 26-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Business: National Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: None present
    Adjd to 05-03-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Ali for plaintiff
    None for defendant
    The Ld advocate for plaintiff submitted that the defendant has made compliance of payment of cost and the plaintiff has received the cost. In view of submissions of the advocate for plaintiff ex-parte order dtd.02.05.2018 is set aside and the vakalatnama - Exh.8 of the defendant is accepted on record.
    Adjd for taking steps to 22-07-2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv. Ms. Samina for the plaintiff present and tendered registered SJ No.45/2021 alongwith affidavit in support and also filed affidavit of service. t.o.r.
    None for defendants.
    Matter is adjd. to 12/01/2022 for SJ reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: As per SOP, office Order No.07/22 dated 07/01/2022.
    Matter is adjd. to 17-03-2022  for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: None present.
    Matter is adjd. for SJ Reply to 29-06-2022.
    Next Purpose: REPLY
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Both parties and their adv. absent.
    Adjd to 02/08/2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: As court is vacant.
    Next Purpose: REPLY
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: As court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: As court is vacant.
    Next Purpose: REPLY
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: Adv.Tabish Jamdar present for plaintiff.
    None present for defendant.
    AS per the record the defendant has failed to seek leave to defendant within stipulated period, hence plaintiff to proceed  further.
    Matter stands adjourned for hearing on SJ on 18-08-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: Adv.Tabish Jamdar present for plaintiff.
    None present for defendant.
    KB
    L.O. at 3.15 pm.
    Adv. Muhammed Iftikar Ali present for plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument P.H. on 03-10-2023
    at 2.45 pm.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: None present.
    KB.
    L.O. at 3.20 pm.
    Adv. Muhd. Iftikhar Ali present for plaintiff, submitted citation.
    None present for defendant .
    Heard.
    Matter stands adjourned for further argument on 01-11-2023.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 15)
    None present for plaintiff and defendant.
    KB
    Later on at 5.00 pm
    None present for plaintiff and defendant.
    Matter stands adjourned to 01.02.2024 for argument(P.H.)
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 01-02-2024
    
    Date: 01-02-2024
    Business: Both parties and their advocate are absent.
    Keep back.
    Later on at 3.39 pm
    Adv. Muhammed Iftikhar Ali for plaintiff is present and tendered list of documents.
    Heard counsel for plaintiff on admission and denial of documents.
    The following documents are exhibited under the list Exh.7
    The document at Sr.No.1 is  the letter allotment dated 1.3.2012 executed between the plaintiff no.1 and the defendants TOR marked as Exh.9.
    The Document at Sr.No.2 is the receipt dated 3.3.2014 for Rs. 4750000/- issued by the defendants in favour of the plaintiff TOR marked as Exh.10.
    The Document at Sr.No. 8  is the receipts No.1 dated 3.3.2012 for Rs.2,00,000/- issued by the defendants favoring plaintiffs confirming payments received TOR marked as Exh.11.
    The Document at Sr.No.9 is the receipts No.2 dated 10.05.2012 for Rs. 2,00,000/- issued by the defendants favoring plaintiffs confirming payments received TOR marked as Exh.12.
    The Document at Sr.No.10 is the receipts No.3 dated 21.05.2012 for Rs. 2,50,000/- issued by the defendants favoring plaintiffs confirming payments received TOR marked as Exh.13.
    The Document at Sr.No.11 is the receipts No.4 dated 30.10.2013 for Rs.7,00,000/- issued by the defendants favoring plaintiffs confirming payments received TOR marked as Exh.14.
    The Document at Sr.No.12 is the receipt dated 30.10.2013 for Rs. 2,00,000/- issued by the defendants favoring plaintiffs confirming payments received TOR marked as Exh.15.
    He also tendered list of documents TOR marked as Exh.16.
    Matter stands adjourned to 26.03.2024 for argument P.H.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: None Present.
    Kept back.
    L.O. at 12.30
    Adv. Siddiqui Zaiba present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for Summons for Judgment hearing
    on 09-05-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: Adv. Muhammed Iftikar Ali present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    Matter stands adjourned for argument on 13-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: None present.
    Kept back.
    L.O. at 1.20 pm.
    Adv.Siddiqui Zeba present for plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument on 01-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: None present.
    Kept back.
    L.O. at 12.15 pm.
    Adv. Muhammed Iftikar Ali present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    F.R.S.R. following order is passed-
    ORDER
    1.Summons for Judgment No.45 of 2021 in Summary Suit No.199 of 2018, i hereby allowed.
    2.Summary Suit No.199 of 2018, stands partly decreed with costs.
    3.Defendants are directed to pay the plaintiffs sum of Rs.47,50,000/- alongwith interest at the rate of 9 percent per annum from the date of filing of the suit till its full realisation.
    4.Decree be drawn up accordingly.
    5.Court fees, if any, be refunded as per rule.
    6.Summons for Judgment disposed of accordingly.
              (Order dictated and pronounced in open Court)
    Nature Of Disposal: OTHERWISE
    Disposal Date: 01-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101651/2018
    Filing Date: 29-01-2018
    First Hearing Date: 09th April 2018
    Decision Date: 01st July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    01 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.45/2021 MHCC010029402021 Presented on : 23/03/2021 Registered on : 23/03/2021 Decided on : 01/07/2024 Duration : 03Y 03M 10D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.45 OF 2021 (CNR NO.MHCC01-002940-2021) IN SUMMARY SUIT NO.199 OF 2018 1. Mr. Firoz Hakimuddin Jawadwala An adult, Muslim, Indian Inhabitant, Occupation : Business. 2. Mrs. Yasmin Firoz Jawadwala, an adult, Muslim, Indian Inhabitant, Occupation : housewife, Both are…

    Read Full Order
    Order 1Full order available
    01 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.45/2021 MHCC010029402021 Presented on : 23/03/2021 Registered on : 23/03/2021 Decided on : 01/07/2024 Duration : 03Y 03M 10D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.45 OF 2021 (CNR NO.MHCC01-002940-2021) IN SUMMARY SUIT NO.199 OF 2018 1. Mr. Firoz Hakimuddin Jawadwala An adult, Muslim, Indian Inhabitant, Occupation : Business. 2. Mrs. Yasmin Firoz Jawadwala, an adult, Muslim, Indian Inhabitant, Occupation : housewife, Both are…

    Read Full Order

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