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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Champalal Chhogalal SanghviVsMr. Bharat Patil

CNR MHCC01001883201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 20th July 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100149/2021
Registration Date
12 Sept 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 12-11-2018
    Business: Adv. Morya for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff has fled application for extension of time to serve the writ of summons upon defendant.
    Order  Time is extended to serve the writ of summons upon the defendant.
    Matter is adjd. to 12/02/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 15/04/2019 for Service report.
    Next Purpose: REPORT
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 18/09/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: P.O. is on leave. Adjd to 10/12/19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: None present for the plff.
    None present for the deft.
    Adj. For service on 05/02/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Mourya for plaintiff
    None for defendant
    Adv. for plaintiff filed
    Exh.5- Original Writ of summons.
    Exh.6-Affidavit of service @ acknowledgment.
    The affidavit of service @ acknowledgment card shows that the summons has been served on the defendant by RPAD. However, the defendant failed to appear. Hence, suit to proceed Ex-parte against the defendant.
    Adjd for Ex-parte evidence to 12-03-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Adv. Mourya for plaintiff.
    On his request adjd for Ex-parte evidence to 21-04-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: court time is over
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: As the Court is on leave Board is discharged and the matter stands adjd. to 26/10/20
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: 26.10.2020
    17
    Coram: H. H. J.SHRI. M.A.BHOSALE Judge, (C.R.NO. 32)
    Commercial Suit No.75/2020
    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.143/2020 dtd.09/10/2020 of this Court.
    Matter adjd to 2/11/2020 for exparte evidence.
    Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    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 10/11/ 2020 for recording evidence.P.H.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    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  03/12/2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None for plff.
    None for def.
    Matter adjd to 11/12/2020 for ex-party evidence.
    Reason For Adjournment: court time is over
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-12-2020
    
    Date: 11-12-2020
    Business: None for plff.
    None for defendant.
    Matter adjd to 21/12/2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    None for defendant.
    Matter adjd to 12.01.2021 for Ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 06.02.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 03.03.2021 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: In view of the office orders the matter be placed before the new allotted Court on 12.04.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: As per Office Order No.78/21, holiday is declared on 12/04/2021. Hence, adjd to 12/06/2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: In view of Office Order No.104/2021 dated 10.06.2021, as holiday declared on 12.06.2021, the board is discharged and the matter is adjd to 21.08.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Both the parties and their advocates are absent.
    L.O. at 11.46 a.m.
    Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Maurya for the plff present.
    Matter is adjd to 17.09.2021 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: None present.
    Matter is adjd for ex-parte evidence on 08-02-2022
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 21/04/2022 for Ex-prate Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: P.O.is on training
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Mr. S. R. Maurya for Plaintiff present and seeks time to filed Ex-parte Evidence.
    At the request of advocate for the Plaintiff matter adjourned to 10/10/2022 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv.S.R.Mourya for plaintiff present.
    At the request of advocate for plaintiff matter kept back.
    Later on at 1.36pm
    Adv.S.R.Mourya for plaintiff present.  He filed affidavit of evidence. (Exh-7) Order-Read and recorded.
    He also filed documents. (Exh-8)
    Office copy of Invoice No. 138 of 06/02/2015. (Exh-9)
    Office copy of the plaintiff\''s advocates letters dated 10/01/2018 alongwith postal receipt and track report. (Exh-10colly)
    Matter is adj to 30/11/2022 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 23/01/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: None for plaintiff.
    No ex-parte argument in advance.
    Matter is adj to 03/04/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Adv. S.R. Mourya for plaintiff present.
    Defendant exparte.
    Matter is adj to 06.06.2023 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Plaintiff and his counsel is absent.
    Matter is proceeded ex-parte.
    Matter is adj to 12.07.2023 for Ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Sujeet R. Maurya for plaintiff is present.
    Heard arguments of ld. Counsel for plaintiff.
    Matter is adj to 20.07.2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    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.The Summary suit No. 149 of 2021 is partly decreed with costs.
    2.The defendant shall pay the amount of Rs.5,97,618/- (Rupees  Five Lakhs Ninety Seven Thousand Six Hundred and Eighteen  only) to the  plaintiff along with interest at the rate of Rs.9 percent p.a. from 11-01-2018 till its full realization.
    3.The plaintiff is entitled to get refund 2/3rd  of the court fees paid by him.
    4.Decree shall be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 20-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101974/2018
    Filing Date: 03-02-2018
    First Hearing Date: 12th November 2018
    Decision Date: 20th July 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    20 Jul 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010018832018 Presented on 03-02-2018 Registered on 12-09-2018 Decided on 20-07-2023 Duration 05Y : 05M: 17D Exhibit 10 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 149 OF 2021 Mr. Champalal Chhogalal Sanghvi ] An adult, aged about 60 years ] Proprietor of M/s. Jaydeep Metals ] having its office, At Taldhwaj Bhawan,] 1st floor, 3rd Panjarapole Lane, ] Mumbai-400 004. ] Through his Constituted Attorney ] Mr. Prateek Champalal Sanghvi ]...Plaintiff…

    Read Full Order
    Order 1Full order available
    20 Jul 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010018832018 Presented on 03-02-2018 Registered on 12-09-2018 Decided on 20-07-2023 Duration 05Y : 05M: 17D Exhibit 10 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 149 OF 2021 Mr. Champalal Chhogalal Sanghvi ] An adult, aged about 60 years ] Proprietor of M/s. Jaydeep Metals ] having its office, At Taldhwaj Bhawan,] 1st floor, 3rd Panjarapole Lane, ] Mumbai-400 004. ] Through his Constituted Attorney ] Mr. Prateek Champalal Sanghvi ]...Plaintiff…

    Read Full Order

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