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SUMMARY CIVIL SUIT - SUMMARY SUIT

Saraswati MarketingVsVrushti Enterprises +2 more

CNR MHCC01002292201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 25th July 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100604/2019
Registration Date
17 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 13-08-2019
    Business: P.O. is on training. Adjd to 13/11/19
    Next Purpose: REPORT
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Shreyash  Hilgane for plaintiff present.
    Adv. Dias for deft. present.
    Adv. for D-1, 2 And 3 filed V/N.
    Matter is adjd to 03/12/2019 for filed V/N.
    Next Purpose: REPORT
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: HHJ is on Training at Uttan
    Matter is adjd to 20/12/2020 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: PO is on leave.
    Matter is adjd to 03.01.2020 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: As court is on Leave.
    Matter is adjd to 30.01.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ustav Dalal For plff. Present.
    Adv. Dias for deft. no. 1, 2 and 3 present.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document.
    Adv. For the plff. Filed affidavit of service. t.o.r. Exh-5 Order- Seen and filed.
    Matter is adjd to 05.02.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Shreyas for plff. Present.
    Adv. Dias for deft. Present.
    Matter is adjd to 28.02.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Utsav Dalal for plff. Present.
    Adv. Dias for deft. Present.
    Adv. For the deft. Tendered register N/M No. 885/20 @ affidavit in support.
    FRSR pronounced and following order is passed.
    ORDER
    1. The Notice of Motion no.885 of 2020 is allowed subject to cost of Rs.1,000/-. The cost shall be payable by the defendants No.1 to 3 to the plaintiff on or before next date.
    2. The defendants No.1 to 3 is granted permission to put his appearance and Vakalatnama in the interest of justice on payment of cost to the plaintiff.
    3. The Notice of Motion NO. 885 of 2020 is disposed off.
    Matter is adjd to 14.03.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Shreyash Hingane for plff. Present.
    Adv. Dias for deft. Present.
    Adv. For the deft. Cost paid to plaintiff.
    Adv. For the plff. tendered draft S/J @ affidavit in support. Order- Leave granted to register.
    Matter is adjd to 11.06.2020 for S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Business: Duo to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: Due to Covdi-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Vis Legis Law practice for plff. Present.
    Matter is adjd to 26.02.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 29.04.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 10/07/2021 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 04.09.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Court is Vacant
    Next Purpose: REPLY
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Arti Saonawne for plaintiff present.
    None for defendant.
    Adv for plaintiff submitted that leave to defend is not filed by the defendant though served with the SJ.
    SJ to proceed without reply of defendant.
    Matter is adjd for arguments to 19.01.2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: None present.
    Matter is adjd for SJ argument to 14.02.2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv Arti Sonawane for plaintiff present.
    None for defendant.
    It revels from record that registered Summons for Judgment is not on record. The notings shows that after leave to register the same has been granted, it is not tendered by the plaintiff sides. Hence plaintiff to tendered register SJ on record without fail.
    Matter is adjd for SJ hearing  on 25-02-2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Court is on Leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Ms. Aarti Sonawane for Plaintiff present and tendered registered
    SJ 63/20	SJ No. 63/2020 along with Affidavit in support.
    	She also filed Affidavit of service of SJ.
    	None for Defendant.
    	Matter adj. to 27/04/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter be posted for arguments on SJ.
    Matter adjourned to 14/09/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: As Court busy in arguments and dictation in Summons for Judgment No.63 of 2022, matter adjd. to 28.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: As the Court time is over, rest of the Second Session Civil Board is discharged.  Matter is adj to 16/02/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: Adv.Ms.Hambarde i/b Vis Legis Law Practice for plaintiff present.  She seeks short accommodation to work out SJ . Time granted.
    None for defendant.
    In view of the request made, matter is adj to 10/04/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Gayatri Mane i/b Vis Legis Law for plaintiff present.
    None for defendant.
    The affidavit of service of SJ filed by plaintiff does not contain the annexers so as to show the service of summons on all the three defendants.
    Ld.Adv. for plaintiff seeks time to file fresh affidavit of service.  Time granted.
    Matter is adj to 27/07/2023 for affidavit of service of SJ.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv Thakkar  for the plaintiff present and prayed for adjounment and filing service affidavit.
    Matter is adj to 08.12.2023 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Court is busy in hearing arguments in sessions case No.260/14. Hence, remaining afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 15.03.2024 for filling affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Gajanan Shinde i/b VIS Legis Law Practice for plaintiff is present.
    The plaintiff has not taken steps since 10.04.2023 to file affidavit of service of summons for judgment. Hence, matter be kept for dismissal order.
    Matter is adj to 06.04.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Bijal Parikh i/b Vis Legis Law Practice for plaintiff is present and filed application for issuance of service of summons for judgment. Taken on record. It is marked as Exh-6. O-Allowed as last chance.
    Matter is adj to 09.05.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Bijal Parikh h/f Vis Legis Law Practice for plaintiff is present and filed affidavit of service of Summons for judgment. Taken on record. On perusing affidavit of service of Summons for judgment, it appears that Summons for judgment sent to the defendant through RPAD, is served on defendant on 06.05.2024.
    The defendant and his counsel are absent.
    Defendants failed to file reply to Summons for judgment. Hence, Summons for judgment be proceeded without their reply.
    Matter is adj to 24.09.2024 for filing original documents and hearing on Summons for judgment(withour reply).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff in person is present.
    Adv. Paluck Bengali with Adv. Bijal Parikh i/b Vis Legis Law for plaintiff is present and filed documents along with list. Taken on record. It is marked as Exh-7.
    The defendant and his counsel are absent.
    Matter is adj to 07.11.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Paluck Bengali with Adv. Bijal Parikh i/b Vis Legis Law Practice for plaintiff is present.
    The defendant and his counsel are absent.
    Heard counsel for plaintiff on Summons for judgment.
    Matter is adj to 19.11.2024 for hearing on Summons for judgment by defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-11-2024
    
    Date: 19-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Kaushal Udeshi i/b Vis Legis Law Practice for plaintiff is present.
    Remaining Board from Sr. No.61 is discharged, as court is busy in dictating orders and hearing other urgent matters. Parties have liberty to file reply, application and affidavit, if any.
    Matter is adj to 27.01.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-01-2025
    
    Date: 27-01-2025
    Business: P. O. is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Bijal Parikh i/b VIS Legis Law Practice for plaintiff is present.
    The defendant and his counsel are absent.
    Defendant is given last chance to argue on Summons for judgment.
    Matter is adj to 04.03.2025 for hearing on Summons for judgment by defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-03-2025
    
    Date: 04-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Bijal Parekh for plaintiff is present.
    The defendant and his counsel are absent.
    Defendant failed to argue on Summons for judgment. Hence, matter is kept for order on Summons for judgment.
    Matter is adj to 24.03.2025 for Order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    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 12.35 pm
    Adv. Bijal Parikh i/b Vis Legis Law Practice for plaintiff is present.
    Court is busy in recording evidence in 6707/04 and dictating order CS No. 703/25, 704/25, 705/25 and 805/25 and NM No.175/25.
    Matter is adj to 07.04.2025 for order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 07-04-2025
    
    Date: 07-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is fixed for order on Summons for judgment. The plaintiff to satisfy on maintainability of summons for judgment.
    Matter is adj to 28.04.2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-04-2025
    
    Date: 28-04-2025
    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 1.05 pm
    Adv. Shreyas Moharir i/b Vis Legis Law Practice for plaintiff is present.
    Heard counsel for plaintiff on maintainability of Summons for judgment. He requested for adjournment to produce document.
    Matter is adj to 08.05.2025 for producing document/order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 12.15 pm
    Adv. Shreyas Moharir i/b Vis Legas Law Practice for plaintiff is present. He has submitted that defendant has placed telephonic order. Hence, there are no documents.
    As court is busy in dictating order in SJ No.322/22, 323/22, 650/22, 651/22, 47/23, 118/15, draft NM No.4913/12 and 4914/12, remaining board is discharged. Parties are liberty to file applicantions and documents, if any.
    Matter is adj to 10.06.2025 for Order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 10-06-2025
    
    Date: 10-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shreyas Moharir i/b Vis Legis Law Practice for plaintiff is present.
    The defendant and his counsel are absent.
    Matter is fixed for order on Summons for judgment. Plaintiff to satisfy on the point of maintainability of suit.
    Matter is adj to 26.06.2025 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-06-2025
    
    Date: 26-06-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shreyas Moharir i/b Vis Leges Law Practice for plaintiff is present.
    Heard counsel for plaintiff on the point of maintainability.
    Matter is adj to 10.07.2025 for order on Summons for judgment
    Next Purpose: ORDER
    Next Hearing Date: 10-07-2025
    
    Date: 10-07-2025
    Business: P. O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on
    Adv. Bijal Parekh i/b Vis Legis Law Practice for plaintiff is present through video conferencing
    Judgment is marked as Exh-8
    FRSR following order is passed
    Order
    1)  Summons for judgment No. 63/2020 in Summary Suit No. 604/2019 is partly allowed with costs.
    2)Summary Suit No. 604/2019 is partly decreed as follows
    (a)The defendants shall jointly and severally pay to the plaintiff an amount of Rs. 2,20,252/- (Rupees Two lakhs Twenty Thousand Two Hundred and Fifty Two only).
    (b)The plaintiff is entitled to simple interest on the amount of Rs. 1,38,210/- at the rate of 7 percent p.a from 27/02/2019 i.e. the date of filing the suit till its full realization.
    3)The plaintiff may be entitled to get refund of the court-fees paid by him, if any provided for in rules.
    4)Decree be drawn accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 25-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 102467/2019
    Filing Date: 27-02-2019
    First Hearing Date: 13th August 2019
    Decision Date: 25th July 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 2
    25 Jul 2025
    Order Details: Other
    Pdf Text: 09
    25/07/2025
    SUM 604/19
    @ SJ 63/20
    Exh-8
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on
    Adv. Bijal Parekh i/b Vis Legis Law Practice for plaintiff is present
    through video conferencing
    Judgment is marked as Exh-8
    FRSR following order is passed
    Order
    1) Summons for judgment No. 63/2020 in Summary Suit
    No. 604/2019 is partly allowed with costs.
    2) Summary Suit No. 604/2019 is partly decreed as follows:
    (a) The defendants shall jointly and severally pay to the
    plaintiff an amount of Rs. 2,20,252/- (Rupees Two lakhs
    Twenty Thousand Two Hundred and Fifty Two only).
    (b) The plaintiff is entitled to simple interest on the
    amount of Rs. 1,38,210/- at the rate of 7% p.a from
    27/02/2019 i.e. the date of filing the suit till its full
    realization.
    3) The plaintiff may be entitled to get refund of the court-fees
    paid by him, if any provided for in rules.
    4) Decree be drawn accordingly.
    Judge
    -- 1 of 1 --
    Final Order 1
    25 Jul 2025
    Order Details: Other
    Pdf Text: 09
    25/07/2025
    SUM 604/19
    @ SJ 63/20
    Exh-8
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on
    Adv. Bijal Parekh i/b Vis Legis Law Practice for plaintiff is present
    through video conferencing
    Judgment is marked as Exh-8
    FRSR following order is passed
    Order
    1) Summons for judgment No. 63/2020 in Summary Suit
    No. 604/2019 is partly allowed with costs.
    2) Summary Suit No. 604/2019 is partly decreed as follows:
    (a) The defendants shall jointly and severally pay to the
    plaintiff an amount of Rs. 2,20,252/- (Rupees Two lakhs
    Twenty Thousand Two Hundred and Fifty Two only).
    (b) The plaintiff is entitled to simple interest on the
    amount of Rs. 1,38,210/- at the rate of 7% p.a from
    27/02/2019 i.e. the date of filing the suit till its full
    realization.
    3) The plaintiff may be entitled to get refund of the court-fees
    paid by him, if any provided for in rules.
    4) Decree be drawn accordingly.
    Judge
    -- 1 of 1 --

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