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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Hastimal Saremal Sakaria HUFVsDolphin Clothing +1 more

CNR MHCC01002046201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 21st June 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100039/2018
Registration Date
08 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-04-2018
    Business: P.O. is on Leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-08-2018
    
    Date: 08-08-2018
    Business: P. O. is on Leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-03-2019
    
    Date: 12-03-2019
    Business: Adv for deft Ms.Manisha Kale present
    Adv for deft tendered registered N/M 2898/18.
    Matter is Adjd for N/M 2898/18 Hearing on 28/03/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 12-03-2019
    Business: Adv for deft Ms.Manisha Kale present
    Adv for deft tendered registered N/M 2898/18.
    Matter is Adjd for N/M 2898/18 Hearing on 28/03/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Matter transferred from Cr. no.09.
    None Present for the Deft.
    Adv. K. C.Pandye Present for the Deft.
    R and P not received from Cr.no.09.
    Adj. For Hearing of SJ 39/18 and NM 2898/18 on 25/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: As Court  is busy in dictating judgment  suit no.6498/06.
    Hence, Board is discharged.
    Matter is adjd for R/E PH to 29.08.2019
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2019
    
    Date: 25-07-2019
    Business: As Court  is busy in dictating judgment  suit no.6498/06.
    Hence, Board is discharged.
    Matter is adjd for R/E PH to 29.08.2019
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2019
    
    Date: 25-07-2019
    Business: As Court  is busy in dictating judgment  suit no.6498/06.
    Hence, Board is discharged.
    Matter is adjd for R/E PH to 29.08.2019
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: None for plaintiff present.
    Adv. Prabhakar for defendant present.
    Matter adjd for Service affidavit of NM to 09.10.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: None for plaintiff present.
    Adv.Prabhakar for defendant present, he submitted that copy of NM is served on advocate of plaintiff.
    Matter adjd for reply on NM to 02.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2019
    
    Date: 09-10-2019
    Business: None for plaintiff present.
    Adv.Prabhakar for defendant present, he submitted that copy of NM is served on advocate of plaintiff.
    Matter adjd for reply on NM to 02.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2019
    
    Date: 09-10-2019
    Business: None for plaintiff present.
    Adv.Prabhakar for defendant present, he submitted that copy of NM is served on advocate of plaintiff.
    Matter adjd for reply on NM to 02.11.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: P.O. is on leave. Matter adjd for
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2019
    
    Date: 02-11-2019
    Business: P.O. is on leave. Matter adjd for
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2019
    
    Date: 02-11-2019
    Business: P.O. is on leave. Matter adjd for
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: P.O. is on Training, board is discharged..
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2020
    
    Date: 13-12-2019
    Business: P.O. is on Training, board is discharged..
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2020
    
    Date: 13-12-2019
    Business: P.O. is on Training, board is discharged..
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Both parties are absent.
    Matter adjourned for NM reply to 09.04.2020 at 11.00 am.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2020
    
    Date: 14-02-2020
    Business: Both parties are absent.
    Matter adjourned for NM reply to 09.04.2020 at 11.00 am.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2020
    
    Date: 14-02-2020
    Business: Both parties are absent.
    Matter adjourned for NM reply to 09.04.2020 at 11.00 am.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-05-2020
    
    Date: 21-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-05-2020
    
    Date: 21-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-06-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Due to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 18-06-2020
    Business: Due to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 18-06-2020
    Business: Due to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff. present.
    Adv. Prabhakr Dubey for deft. Present.
    Adv. for the plff. Filed reply in hand written.
    Argument heard in both side in N/M No. 2898/18
    ORDER
    1. The Notice of Motion no.2898/2018 is allowed.
    2. The defendant is granted permission to file his reply/leave to defend to the Summons for Judgment in the interest of justice subject to the cost of Rs.500/-, which shall be paid on or before next date to the plaintiff.
    3. The Notice of Motion No.2898/2018 is disposed of.
    Matter is adjd to 30.03.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff  present.
    Adv. For the plff tendered registered S/J No. 39/18 @ affidavit in support. t.o.r.
    Matter is adjd to 03.05.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19 pandamic
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: Due to covid-19 decelared holiday.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Court is on Leave.
    Due to Covid-19 pandemic.
    Matter is adjd to 23.09.2021 for  Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: None present.
    Matter is adjd for compliance  on 30-03-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None for Plaintiff.
    None for Defendant.
    The Order dated 04/02/2021 in NM No. 2898/2018 is yet not complied with.  Plaintiff to proceed in the matter as per the rules.  Matter adjourned to 03/08/2022 for Hearing on SJ.
    Later on :-
    Adv. Mr. Ramesh Jain for Plaintiff present.
    Matter is already adjourned to 03/08/2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 21.10.2022 for Steps/filing documents by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv.Ramesh Jain for plaintiff present and seeks time to file documents.
    Matter is adj to 17/12/2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 07/03/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    No documents filed by plaintiff.
    Matter is adj as a last chance to 04/05/2023 for filing original documents.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: As court is busy in dictating judgment in Sessions Case No.693 of 2019, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 15/07/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusal of the record and roznama, it is found that NM No. 2898/2018 taken out by the defendants for condonation of delay for filing reply/granting leave to defend the summons for judgment was allowed by the order dated 04.02.2021 subject to payment of the costs of Rs.500/-. However, it is not appearing from the record that the defendants have deposited/paid the costs. The said costs was payable by the next date i.e. by 03.03.2021. However, the said order is not complied with yet. Therefore, Notice of Motion No.2898/2018 stands dismissed.
    Matter is adj to 06.09.2023 for SJ hearing without reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 08.03.2024 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-03-2024
    
    Date: 08-03-2024
    Business: Matter is wrongly adjourned on holiday i.e. on 08.03.2024. Hence, it be taken on next working day i.e. on 11.03.2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted as last chance.
    The defendant and his counsel are absent.
    Matter is adj to 03.04.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ramesh Jain for plaintiff is present and filed list of documents along with original documents. Taken on record. It is marked as Exh-3.
    The defendant and his counsel are absent.
    Heard Ld counsel for the plaintiff on summons for judgment.
    Matter is adj to 18.04.2024 for hearing on Summons for judgment by the defendant/judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Both parties and their advocate are absent.
    Keep back.
    Later on at 1.52 pm
    Both parties and their advocate are absent.
    The defendant failed to argue on Summons for judgment. Hence, keep for order on Summons for judgment.
    Matter is adj to 10.05.2024 for order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 10-05-2024
    
    Date: 18-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 1.52 pm
    Both parties and their advocate are absent.
    The defendant failed to argue on Summons for judgment. Hence, keep for order on Summons for judgment.
    Matter is adj to 10.05.2024 for order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Court is on leave
    Next Purpose: ORDER
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff present.
    The defendant and his counsel are absent.
    FRSR following order is passed-
    Order
    1)Summons for judgment No.39/2018 in Summary Suit No.45/2017 is partly allowed as follows
    a)Summary Suit No. 45/2017 is hereby partly decreed with the costs.
    2)The defendants shall jointly and severally to pay an amount of Rs. 3,68,927/- (Three Lakhs Sixty Eight Thousand Nine Hundred Twenty Seven ) to the plaintiff.
    3)The defendant shall pay to the plaintiff simple interest on                             amount Rs.3,68,927/- at the rate of 7 percent per annum from 08/12/2018, the date of filing of suit till its full realization.
    4)The plaintiff may be entitled to get refund the court-fees paid, if provided for in Rules.
    5)The decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 21-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102155/2018
    Filing Date: 08-02-2018
    First Hearing Date: 20th April 2018
    Decision Date: 21st June 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    21 Jun 2024

    Order Details: Other Pdf Text: MHCC010020462018 Presented on 08/02/2018 Registered on 08/02/2018 Decided on 21/06/2024 Duration 06Y: 04: 13D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 39 OF 2018 IN SUMMARY SUIT NO. 45 of 2017 Hastimal Saremal Sakaria HUF ] Through its Karta and Manger ] Hastimal Saremal Sakaria age 62 years ] of Mumbai an adult Indian inhabitat ] carrying on business as a sole proprietor ] in the firm name and style…

    Read Full Order
    Order 1Full order available
    21 Jun 2024

    Order Details: Other Pdf Text: MHCC010020462018 Presented on 08/02/2018 Registered on 08/02/2018 Decided on 21/06/2024 Duration 06Y: 04: 13D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 39 OF 2018 IN SUMMARY SUIT NO. 45 of 2017 Hastimal Saremal Sakaria HUF ] Through its Karta and Manger ] Hastimal Saremal Sakaria age 62 years ] of Mumbai an adult Indian inhabitat ] carrying on business as a sole proprietor ] in the firm name and style…

    Read Full Order

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