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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Esufali Dawoodbhoy and CompanyVsM/s. Budhale Industrial

CNR MHCC01002175201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 02nd May 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100183/2018
Registration Date
08 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 04-04-2018
    Business: Adv. Mr. Shaikh for plaintiff present.
    Plaintiff present.
    None for the defendant.
    Adv. for plaintiff seeks time.
    Matter is adj. to 12/07/2018 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 10/10/2018 for Service.
    L.O.
    Adv. Ashfaq Shaikh for plaintiff present.
    The  ld. Advocate for the plaintiff orally requested for the extension of time to the service of writ of summons.
    Order - Heard. Time is extended for the service of writ of summons till next date.
    Next Purpose: SERVICE
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Plaintiff present.
    Adv. for Plaintiff absent.
    Adv. Bhupesh Dhumatkar for Defendant present.
    Advocate for defendant has filed Orig. NM 3191/18
    Matter is adjd. to 05/12/2018 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: P.O. has gone for Medical examination for obtaining Health Fitness Certificate as per the direction of Hon\''ble High Court, hence case is adjourn.
    Matter is adjd. to 07/02/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Adv. Kunal Vora for Plaintiff present.
    Adv. Bhupesh Dhumatkar for Defendant present.
    Advocate for plaintiff has filed affidavit in reply to the Notice of Motion, TOR.
    Matter is adjd. to 14/03/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Representative of plaintiff present.
    Adv. Kunal Vora for Plaintiff present.
    Adv. Bhupesh Dhumatkar for Defendant present.
    Heard the argument of both the sides.
               ORDER
    Notice of Motion no.3191/18 is allowed.
    Matter is adjd. to 05/04/2019 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2019
    
    Date: 05-04-2019
    Business: Plaintiff present
    Adv for plaintiff Mr. Prashant present
    Adv for deft Mr.Bhupesh present
    stated that he has received cost as per order passed in N/M
    Adv for deft filed precipe that VP is already filed in N/M
    Matter is Adjd for Steps to 08/08/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: P.O. is on training.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-11-2019
    
    Date: 01-11-2019
    Business: Representative of plaintiff present.
    Adv Prashant Yadav for plaintiff present.
    Draft SJ @ Affidavit filed by plaintiff. Leave granted to registered. Copy be serve to other side.
    Representative of plaintiff submits that he has served the copy of SJ to advocate of defendant.
    Adj to 07.03.2020 for service of SJ.
    Next Purpose: SERVICE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Plaintiff present.
    Adv. Alok pandey for plaintiff.
    Time is extended for registration of SJ.
    Adjd for Service Affidavit of SJ 31-07-2020
    Next Purpose: SERVICE
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: PO is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv Vimla Vora present for the plaintiff.
    None present for the defendant.
    KB
    Adv for the plaintiff filed affidavit of service of the summons TOR O- filed.
    Adv for the plaintiff filed affidavit in support of SJ TOR O- Leave is granted to register the SJ. Serve the other side.
    Matter is adjd to 02.12.2021 service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv. Chavan for plaintiff present and tendered registered SJ No.132/2021 alongwith affidavit in support. t.o.r.
    None for defendant.
    The plaintiff filed SJ service affidavit. t.o.r.
    Matter is adjd. to 13/01/2022 for SJ reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 16/03/2022 for SJ reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Alok Pandey for plaintiff present.
    Plaintiff present.
    None for defendant.
    Matter is adjd. for SJ reply/hearing to  21-04-2022.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Advocate Mr. Alok Pandey for plaintiff present.
    Reprsentative of plaintiff present.
    None for defendant.
    Since long  the suit is pending for SJ reply, but defendant failed to filed SJ reply.  Hence, matter adjourned for necessary order.
    Matter is adjd. for necessary order to 14-07-2022.
    Next Purpose: ORDER
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Plaintiff present. His advocate absent.
    None for defendant.
    Defendant has not filed reply on S.J. S.J to proceed without reply.
    Kept for hearing on S.J.
    Adjd to 25/8/2022 for hearing on S.J.
                                                                                          Judge
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: As court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: one present.
    KB
    L.O. at 3.30 pm.
    None present.
    Matter stands adjourned for SJ hearing on 25-07-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Authorized person of Plaintiff present. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for SJ hearing 05-10-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Plaintiff present in person.
    None present for defendant.
    KB.
    L.O. at 1.00 pm.
    Adv. Kunal Vora present for plaintiff.
    Defendant failed to file reply to the SJ, hence, proceed ex-parte.
    Put up for ex-parte evidence.
    Matter stands adjourned for ex-parte evidence on 09-11-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: P. O. is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-01-2024
    
    Date: 04-01-2024
    Business: Authorized person of plaintiff present in person, tendered evidence affidavit along with compilation of documents TOR marked as Exh.3 and Exh.4.
    The Document at Sr.No.1 is the Partnership Deed of the plaintiff TOR marked as Exh.5.
    The Document at Sr.No.2 is the purchase order issued in favour of the plaintiff TOR marked as Exh.6.
    The Document at Sr.No.3 is the office copy of the invoices TOR marked as Exh.7.
    The Document at Sr.No.7 original office copy of legal notice dated 13/06/2017 along with acknowledgment TOR marked as Exh.8.
    None present for defendant.
    Matter stands adjourned for R/E on 21-03-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: Representative of plaintiff present in person.
    None present for defendant.
    Kept back.
    L.O. at 1.20 pm.
    Adv. Kunal Vora present for plaintiff.
    None present for defendant.
    Heard.
    The following documents are exhibited under the list Exh.4.
    The Document at Sr.No.1 is the partnership deed of the plaintiff TOR marked as Exh.5.
    The Document at Sr.No.2 is the purchase order issued in favour of the plaintiff TOR marked as Exh.6.
    The Document at Sr.No.3 is the office copy of the invoices TOR marked as Exh.7.
    The Document at Sr.No.7 is the original office copy of  legal notice dated 13/06/2017 along with acnowledgement TOR marked as Exh.8.
    The Document at Sr.No.4 is the delivery challan TOR marked as Exh.9-Colly.
    The Document at Sr.No.5 is the tansport receipt TOR marked as Exh. 10-Colly.
    The Document at Sr.No.6 is the ledger of defandants maintained by the plaintiff TOR marked as Exh.11-Colly.
    The Document at Sr.No.9 is the certificate u/s 65B of the Indian Evidence Act, 1872 TOR marked as Exh.12.
    He also tendered evidence closing pursis TOR marked as Exh.13.
    Matter stands adjourned for argument on 02-05-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Adv.Kunal Vora present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed-
    ORDER
    1.Summons for judgment No.132 of 2021 in Summary Suit No.183 of 2018, is hereby allowed.
    2.Summary Suit No.183 of 2018 stands partly decreed.
    3.Plaintiff is entitled to recover the amount of Rs.3,69,156/- alongwith interest at the rate of 9 percent per annum from 13/06/2017, till its full realisation from the defendant.
    4.Decree be drawn up accordingly.
    5.Court fees, if any, be refunded as per rule.
    (Order dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 02-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100593/2018
    Filing Date: 11-01-2018
    First Hearing Date: 04th April 2018
    Decision Date: 02nd May 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    02 May 2024

    Order Details: Other Pdf Text: ..1.. Summons for judgment No.132/2021 MHCC010084812021 Presented on : 22/10/2021 Registered on : 22/10/2021 Decided on : 02/05/2024 Duration : 02Y 06M 12D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.132 OF 2021 (CNR NO.MHCC01-008481-2021) IN SUMMARY SUIT NO.183 OF 2018 M/s. Esufali Dawoodbhoy & company, Through its partner, Mr. Zaheer Firoz Karu, Occ : Business, Carrying on their business Gala No. 28/29, Kharwa Galli, Maulana Shaukatali Road, Opp.…

    Read Full Order
    Order 1Full order available
    02 May 2024

    Order Details: Other Pdf Text: ..1.. Summons for judgment No.132/2021 MHCC010084812021 Presented on : 22/10/2021 Registered on : 22/10/2021 Decided on : 02/05/2024 Duration : 02Y 06M 12D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.132 OF 2021 (CNR NO.MHCC01-008481-2021) IN SUMMARY SUIT NO.183 OF 2018 M/s. Esufali Dawoodbhoy & company, Through its partner, Mr. Zaheer Firoz Karu, Occ : Business, Carrying on their business Gala No. 28/29, Kharwa Galli, Maulana Shaukatali Road, Opp.…

    Read Full Order

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