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SUMMARY CIVIL SUIT - SUMMARY SUIT

Subhash Yelappa KutadeVsSantosh Shantilal Waghela

CNR MHCC01001696202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th September 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100291/2020
Registration Date
20 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 3
    Specific Relief Act · Sec 26

    Case History / Proceedings

    Case History
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 08.02.2021.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.  Matter is adjourned to
    Next Purpose: REPORT
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present.
    Matter adjd for report on 19.07.2021
    Next Purpose: REPORT
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 21.09.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Court is vacant.
    Next Purpose: REPORT
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is Vacant.
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: NOB-TOB
    Adv Patil for plaintiff filed application for matter taken on todays board. O-TOB.
    Adv for plaintiff filed application for issue fresh writ of summons upon the defendants. TOR. O- Allowed as per rules.
    Matter is already adjd to 04.02.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 16/04/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: P.O. is on training
    Next Purpose: REPORT
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv.Balbheem Patil for plaintiff present. He filed affidavit of service (Exh-2)   O-Filed.
    From the affidavit it transpires that writ of summons is served on defendant on 18/01/2022.
    In spite of the service, defendant failed to cause appearance hence, suit to proceed ex-parte.
    Matter is adj to 20/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Plaintiff present.
    None for defendant.
    He tendered claim affidavit. Exh-3.
    He also filed list of document. Marked as Exh-4.
    O- Filed.
    The documents are marked as under-
    An Original Demand Promissory for Rs.1,25,000/- dated 04th April, 2019 and Form No.10. Marked as Exh-5.
    A Demand notice by the plaintiff to defendant dated 30/09/2021 a/w original postal receipt and return packet. Marked as Exh-6.
    He also filed evidence closed pursis. Marked as Exh-7.
    O- Filed.
    Matter is adj to 27.02.2023 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Plaintiff present his advocate absent.
    Defendant ex-parte.
    Matter is adj to 17.04.2023 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant (Ex-parte).
    Matter is adj to 20/06/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. B. S. Patil for plaintiff is present.
    Heard final arguments of Ld. counsel for plaintiff.
    Matter is adj to 30.08.2023 for ex-parte judgement.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 30-08-2023
    
    Date: 30-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. B. S. Patil for plaintiff is present.
    Court is busy in hearing and dictating arguments in other urgent matters.
    Matter is adj to 13.09.2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 13-09-2023
    
    Date: 13-09-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    FRSR following order is passed
    Order
    1)Summary Suit No.291 of 2020 is hereby decreed with the costs.
    2)The defendant shall pay an amount of Rs.1,38,125/- (Rupees One Lakh,Thirty Eight Thousand, One Hundred and Twenty Five only) to the plaintiff.
    3)The defendant shall pay to the plaintiff simple interest on Rs.1,25,000/- at the rate of Rs.9 percent p.a. from 07-02-2020, the date of filing of suit till its full realization.
    4)The plaintiff is entitled to get refund 2/3rd of the court-fees paid by him.
    5)The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 18-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101832/2020
    Filing Date: 07-02-2020
    First Hearing Date: 15th June 2020
    Decision Date: 18th September 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Sept 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010016962020 Presented on 07-02-2020 Registered on 20-03-2022 Decided on 18-09-2023 Duration 03Y: 7M: 11D Exhibit 08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 291 OF 2020 Mr. Subhash Yelappa Kutade ] of Mumbai, an adult Indian, ] Inhabitant aged about 34 years, ] Occupation Money Lender, ] having his office and residence ] address at Room No.14, Navjivan Seva Society, ] Shivneri Nagar, Shingrewadi, Bailbazar, ] Kurla West Mumbai-400 070.…

    Read Full Order

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