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Commercial Suit

Swati Sahebrao GadgeVsUlhas Ashruba Mhaske

CNR MHCC01001638202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 17th December 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100401/2020
Registration Date
18 Feb 2020

Advocates

2

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 37

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 14.10.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Court is on leave. Matter adjd to 03.11.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-11-2020

Date: 03-11-2020
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   24/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 24-11-2020

Date: 24-11-2020
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   07/12/ 2020 for  direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 07.01.2021 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 06.02.2021 for Service of summons.
Next Purpose: SERVICE
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 02.03.2021 for awaiting service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 17.03.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Affidavit of service, Exh.2 filed by adv. of plaintiff t.o.r.
The defendant is served on 04.03.2020.
Matter adjd to 06.04.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
KB
LO
None present.
Matter adjd to 20.04.2021 for Order against defendant.
Next Purpose: ORDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adv. Ramesh Jain for plaintiff present.
Defendant absent.
Adj. to 05-05-2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 06.05.2021.
Next Purpose: ORDER
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 10.06.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 29.06.2021 for order.
Next Purpose: ORDER
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 02.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 19.07.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 18.08.2021 for order against defendant.
Next Purpose: ORDER
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: ORDER
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.30 pm
None present.
KB
LO at 02.45 pm
None present.
ORDER
Read the last roznama. The suit was adjourned for passing order against the defendant. Read the roznama dated 17.03.2021. Read the service affidavit, Exh.2 and bailiff report attached thereto. Suit summons are duly served on the defendant. The defendant remained absent, hence, suit to proceed ex-parte against defendant.
Matter adjd to 27.09.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.16 pm
Adv.Ramesh Jain for plaintiff present. He orally requested time for filing ex-parte evidence.
Matter adjd to 21.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.19 pm
Adv.Ramesh Jain for plaintiff present. On oral request matter adjd  for ex-parte evidence on 18.11.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.42 pm,
Adv.Ramesh Jain for plaintiff present.
On oral request last chance granted for filing affidavit of evidence on 03.12.2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: PO is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.49 pm,
Adv.Ramesh Jain for plaintiff present.
Plaintiff tendered claim affidavit, Exh.3 a/w.
compilation of documents, Exh.4.
Evidence close pursis, Exh.5.
Following documents are exhibited on the basis of claim affidavit.
Promissory note, Exh.6
Letter dated 17.08.2019, Exh.7 (colly.)
True copy of Money Lenders License, Exh.8.
Copy of Form No.10, Exh.9.
Copy of Books of Accounts, Exh.10.
Plaintiff is requested time to file statement of truth.
Matter adjd to 09.12.2021 for statement of truth/argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Ramesh Jain for plaintiff present.
None present for defendant.
Plaintiff filed statement of truth Exh.11 t.o.r.
Heard the Ld.Adv. for plaintiff.
Matter adjd to 17.12.2021 for ex-parte judgment.
Next Purpose: EX-PARTE JUDGEMENT
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.25 pm,
Adv.Ramesh Jain for plaintiff present.
Judgment dictated and pronounced in open Court.
F.R.S.R. the following order is passed.
                            ORDER
1. Suit is decreed with costs.
2. The defendant do pay to the plaintiff an amount of Rs.6,87,643.83ps (Rupees Six Lakh Eighty Seven Thousand Six Hundred Forty Three and Paise Eighty Three Only) with interest at the rate of 18 percent per annum on the principal amount of Rs.5,00,000/- (Rupees Five Lakh Only) from the date of filing of this suit till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 17-12-2021

Additional Case Details

Additional Case Details
Filing Number: 101726/2020
Filing Date: 06-02-2020
First Hearing Date: 18th March 2020
Decision Date: 17th December 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
17 Dec 2021

Order Details: Ex-parte Judgement Pdf Text: 1 Comm.SU No.4012020 MHCC010016382020 Presented on : 06022020 Registered on : 18022020 Decided on : 17122021 Duration : Y01, M10, D 11 IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI COMMERCIAL SUIT NO.401 OF 2020 Swati Sahebrao Gadge ] Age:28 years ] of Mumbai an adult Indian inhabitant ] having her address at Room No.1, Plot No.198, ] Tulja Bhawani Society, Shivneri Nagar, ] Shingre Wadi, Bail Bazar, Kurla (W), ] Mumbai400…

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