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SUMMARY CIVIL SUIT - SUMMARY SUIT

Varsha Gopal TalrejaVsRSG Infotech P. Ltd. +2 more

CNR MHCC01001654201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th February 2023

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100271/2018
Registration Date
01 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Petitioner

    1. 1Varsha Gopal Talreja

    Respondent

    1. 1RSG Infotech P. Ltd.
    2. 2Jyoti Achary
    3. 3Anil Achary

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-04-2018
Business: Adv. Mr. Kavita Lalwani for plaintiff present.
None for the defendant.
Adv. for plaintiff seeks time to file affidavit of service.
Matter is adj. to 23/07/2018 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-07-2018

Date: 23-07-2018
Business: Adv. Ms. Kavita Lalwani for Plaintiff present.
Adv. Singh  for Defendant present.
Advocate for plaintiff has filed draft Summons for Judgment alongwith affidavit, tor.
Order  Leave is granted to register the S/J.
Matter is adjd. to 10/10/2018 for S/J reply.
Next Purpose: REPLY
Next Hearing Date: 10-10-2018

Date: 10-10-2018
Business: Adv. Kavita Lalwani for Plaintiff present.
None for Defendant.
She has filed original S/J 240/18 alongwith affidavit, TOR.
Service affidavit.
As the defendant has not filed the reply to S/J hence case is adjourn for hearing on S/J without reply.
Matter is adjd. to 19/11/2018 for Hearing on S/J.
L.O.
Adv. U. V. Singh for defendant present and submitted that copy of S/J is not served upon the defendant.
Next Purpose: HEARING
Next Hearing Date: 19-11-2018

Date: 19-11-2018
Business: P. O. is on Mediation Training
Next Purpose: HEARING
Next Hearing Date: 14-02-2019

Date: 14-02-2019
Business: Adv for plff.Ms.Kavita Lalwani present
Exh 2 She filed list of document along with documents
O-T.O.R.
Matter is Adjd for S/J 240/18 Hearing on 25/03/2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Matter transferred from Cr. no. 09.
Adv. Kavita Lalwani Present for the Plff.
None Present for the Deft.
R and P not received from Cr.no.09.
Adj. For Hearing of SJ 240/18 on 11/07/2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: As the court is on leave
Board is discharged and the
matter stands adjd. To 27.08.2019
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adjd
Next Purpose: ORDER
Next Hearing Date: 31-08-2019

Date: 31-08-2019
Business: Matter adjd for order to 25.09.2019
Next Purpose: ORDER
Next Hearing Date: 25-09-2019

Date: 31-08-2019
Business: Matter adjd for order to 25.09.2019
Next Purpose: ORDER
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Both parties are absent.
Matter adjd for order to 18.10.2019.
Next Purpose: ORDER
Next Hearing Date: 18-10-2019

Date: 25-09-2019
Business: Both parties are absent.
Matter adjd for order to 18.10.2019.
Next Purpose: ORDER
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None present.
P.O. is busy in dictating order and judgment in suit No.327/18 and 275/18.
Matter adj for order to 07.12.2019
Next Purpose: ORDER
Next Hearing Date: 07-12-2019

Date: 18-10-2019
Business: None present.
P.O. is busy in dictating order and judgment in suit No.327/18 and 275/18.
Matter adj for order to 07.12.2019
Next Purpose: ORDER
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: P.O. is on Training, Board discharged..
Next Purpose: ORDER
Next Hearing Date: 04-01-2020

Date: 07-12-2019
Business: P.O. is on Training, Board discharged..
Next Purpose: ORDER
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Business: None present.
Matter adj for S/J Hearing without reply to 07/03/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-03-2020

Date: 04-01-2020
Business: None present.
Matter adj for S/J Hearing without reply to 07/03/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Both parties and his advocate are absent.
Matter is adjd to 09.04.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-04-2020

Date: 07-03-2020
Business: Both parties and his advocate are absent.
Matter is adjd to 09.04.2020 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2020

Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-08-2020

Date: 28-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-11-2020

Date: 28-08-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-02-2021

Date: 10-11-2020
Business: Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: P.O. is on leave.
Matter is adjd to 19.04.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-04-2021

Date: 23-02-2021
Business: P.O. is on leave.
Matter is adjd to 19.04.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 20/07/2021 for S/J Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-07-2021

Date: 19-04-2021
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 20/07/2021 for S/J Hearing
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Kavita Lalwani for the plff present.
Due to Covid-19 pandemic.
Matter is adjd to 24.09.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-09-2021

Date: 20-07-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Kavita Lalwani for the plff present.
Due to Covid-19 pandemic.
Matter is adjd to 24.09.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-11-2021

Date: 24-09-2021
Business: Court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-02-2022

Date: 22-11-2021
Business: Court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: As holiday declared by government to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshker matter adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-04-2022

Date: 07-02-2022
Business: As holiday declared by government to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshker matter adjd to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: P.O. is on training
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-07-2022

Date: 13-04-2022
Business: P.O. is on training
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
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 03/10/2022 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-10-2022

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 03/10/2022 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Adv.Kavita Lalwani for plaintiff submits that defendants failed to file reply to SJ.  Plaintiff has already placed on record original documents.  She seeks time to file claim affidavit.  Time granted.
Matter is adj to 12/12/2022 for claim affidavit.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2022

Date: 03-10-2022
Business: Adv.Kavita Lalwani for plaintiff submits that defendants failed to file reply to SJ.  Plaintiff has already placed on record original documents.  She seeks time to file claim affidavit.  Time granted.
Matter is adj to 12/12/2022 for claim affidavit.
Next Purpose: FOR___________________
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv.Kavita Lalwani for plaintiff present.
Suit is already proceeded ex-parte.
Heard Ld.Adv. for plaintiff for some time.
The claim is based on a bill of exchange of Rs.6 lakh.  It appears that defendant has made part payment of Rs.3lakh.  Plaintiff claims recovery of reaming Rs.3lakh and interest thereon on the basis of on same bill of exchange.
As the Bill of Exchange is of Rs.6lakh, therefore can plaintiff seek recovery of the part amount (i.s.Rs.3lakh) against the said Bill of Exchange?  Whether it is permissible in law?
It is further reveals that on demand of part payment of Rs.3lakh by the plaintiff, defendants have executed cheque of Rs.3lakh in favour of the plaintiff.  However, the said original cheque not placed on record and suit claim is not based on said cheque, which is alleged to have been dishonored.  In absence of the same, whether suit can still be maintainable on the Bill of Exchange?
Plaintiff to satisfy the court on the aforesaid points.
Matter is adj to 09/01/2023 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-01-2023

Date: 12-12-2022
Business: Adv.Kavita Lalwani for plaintiff present.
Suit is already proceeded ex-parte.
Heard Ld.Adv. for plaintiff for some time.
The claim is based on a bill of exchange of Rs.6 lakh.  It appears that defendant has made part payment of Rs.3lakh.  Plaintiff claims recovery of reaming Rs.3lakh and interest thereon on the basis of on same bill of exchange.
As the Bill of Exchange is of Rs.6lakh, therefore can plaintiff seek recovery of the part amount (i.s.Rs.3lakh) against the said Bill of Exchange?  Whether it is permissible in law?
It is further reveals that on demand of part payment of Rs.3lakh by the plaintiff, defendants have executed cheque of Rs.3lakh in favour of the plaintiff.  However, the said original cheque not placed on record and suit claim is not based on said cheque, which is alleged to have been dishonored.  In absence of the same, whether suit can still be maintainable on the Bill of Exchange?
Plaintiff to satisfy the court on the aforesaid points.
Matter is adj to 09/01/2023 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: Adv.Miss.Kavita Lalwani for plaintiff present.   She seeks time to satisfy this court as to the query raised on last date (as has been reflected ronznama dated 12/12/2022).
None for defendant.
Time granted.
Matter is adj to 24/01/2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-01-2023

Date: 09-01-2023
Business: Adv.Miss.Kavita Lalwani for plaintiff present.   She seeks time to satisfy this court as to the query raised on last date (as has been reflected ronznama dated 12/12/2022).
None for defendant.
Time granted.
Matter is adj to 24/01/2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv.Miss.Kavita Lalwani for plaintiff present.
Heard Ld.Adv. for plaintiff some time.
She submits that the claim for recovery of part payment i.e. Rs.3lakh is maintainable against dishonor of bill of exchange of Rs.6lakhs.  Ld.Adv. for has placed on record few order Hon\\\\\\\''ble High court and this very court.  However, I find that the query raised by order dated 12/12/2022 is still not  properly replied.
Adv. for plaintiff seeks further time.
Matter is adj to 17/02/2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-02-2023

Date: 24-01-2023
Business: Adv.Miss.Kavita Lalwani for plaintiff present.
Heard Ld.Adv. for plaintiff some time.
She submits that the claim for recovery of part payment i.e. Rs.3lakh is maintainable against dishonor of bill of exchange of Rs.6lakhs.  Ld.Adv. for has placed on record few order Hon\\\\\\\''ble High court and this very court.  However, I find that the query raised by order dated 12/12/2022 is still not  properly replied.
Adv. for plaintiff seeks further time.
Matter is adj to 17/02/2023 for argument P.H.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Adv.Miss.Kavita Lalwani for plaintiff present.
None for defendant (Ex-parte).
Heard Ld.Adv. for plaintiff.
F.R.S.R following order is passed
ORDER
A. 	Summons for judgment No. 240 of 2018 in Summary Suit No. 271 of 2018 is made absolute in above terms.
B.	Defendants, jointly and severally, shall pay sum of Rs. 3,00,000/- (Rupees Three Lakhs only) to the plaintiff along with interest thereon at the rate of 09% p.a. from date of filing of the suit i.e. 31/01/2018 till realization of entire amount.
C.	Court fees refunded as per rules.
D.	Summary suit No. 271 of 2018 disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 17-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101814/2018
Filing Date: 31-01-2018
First Hearing Date: 25th April 2018
Decision Date: 17th February 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1
    17 Feb 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :SUMMARY CIVIL SUIT/0100271/2018
Varsha Gopal Talreja Vs 1.RSG Infotech P. Ltd. 2.Jyoti Achary 3.Anil Achary
Date : 17022023
Business : Adv.Miss.Kavita Lalwani for plaintiff present. None
for defendant (Exparte). Heard Ld.Adv. for
plaintiff. F.R.S.R following order is passed ORDER
A. Summons for judgment No. 240 of 2018 in
Summary Suit No. 271 of 2018 is made absolute in
above terms. B. Defendants, jointly and severally,
shall pay sum of Rs. 3,00,000/ (Rupees Three
Lakhs only) to the plaintiff along with interest
thereon at the rate of 09 p.a. from date of filing of
the suit i.e. 31/01/2018 till realization of entire
amount. C. Court fees refunded as per rules. D.
Summary suit No. 271 of 2018 disposed of
accordingly.
Nature of Disposal : OTHER
Disposal Date : 17022023
COURT 61 ASST SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    17 Feb 2023
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :SUMMARY CIVIL SUIT/0100271/2018
Varsha Gopal Talreja Vs 1.RSG Infotech P. Ltd. 2.Jyoti Achary 3.Anil Achary
Date : 17022023
Business : Adv.Miss.Kavita Lalwani for plaintiff present. None
for defendant (Exparte). Heard Ld.Adv. for
plaintiff. F.R.S.R following order is passed ORDER
A. Summons for judgment No. 240 of 2018 in
Summary Suit No. 271 of 2018 is made absolute in
above terms. B. Defendants, jointly and severally,
shall pay sum of Rs. 3,00,000/ (Rupees Three
Lakhs only) to the plaintiff along with interest
thereon at the rate of 09 p.a. from date of filing of
the suit i.e. 31/01/2018 till realization of entire
amount. C. Court fees refunded as per rules. D.
Summary suit No. 271 of 2018 disposed of
accordingly.
Nature of Disposal : OTHER
Disposal Date : 17022023
COURT 61 ASST SESSIONS JUDGE
-- 1 of 1 --

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