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SUIT - SHORT CAUSE CIVIL SUIT

Sushma Devi Daga Proprietor of Kirtinath Enterprises Through Poa Holder Jai Kishan Narayandas DagaVsSubrurayan Amirdham Prop. of NSR Mills

CNR MHCC01002316202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PARTLY DECREED
Decision Date: 24th April 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100918/2021
Registration Date
01 Apr 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Indian Contract Act · Sec 72

    Case History / Proceedings

    Case History
    Date: 22-04-2021
    Business: Court is vacant
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv. for Plaintiff present and filed an application for issuane of fresh summons upon Defendant.  O :- Allowed.
    	None present for Defendant.
    	Matter adj. to 04/12/2021 for Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Court is Vacant.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: AS PER OFFICE ORDER NO.27/2022 DATED 06-02-2022  TODAY DECLARE HOLIDAY HENCE MATTER IS ADJT. COURT IS VACANT
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Power of Attorney of the plaintiff Jaykishan Daga present.
    He tendered service affidavit t.o.r and marked as Exh.2
    It shows that defendant is duly served with Writ of Summons. Defendant is absent.
    Adjd for Appearance/Order on 20.07.2022
    Next Purpose: ORDER
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Matter called out at 11.14 am
    None for plff
    None for Defendant
    Documents a/w plaint marked as Exh.as under
    Vakalatnama Exh.2
    Memorandum of address Exh.3
    List of Documents Exh.4
    Affidavit Exh.5
    Service affidavit Exh 2 A shows that defendant is duly served with writ of summons.  Def has not appeared.  Suit shall proceed exparte against defendant.
    Matter is referred to Lok-Adalat.
    Matter is adjd on 13.08.2022 for Lok-Adalat
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Plaintiff and advocate absent.
    None for defendant.
    Matter is not settled in Lok-adalat.
    Matter is adj to 26/09/2022
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Matter called out at 1.18 pm
    POA holder of Plff present
    Adv for plff absent
    None for defendant
    Suit is wrongly under the caption of appearance.  It is fixed for exparte hearing.
    Matter is adjd on 02.12.2022 for Exparte Hrg
    Next Purpose: HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Matter called out at 11.50 am
    CA of plff present
    Adv  for plff absent
    None for defendant
    Matter is adjd on 21.01.2023 for Hrg
    Next Purpose: HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Power of attorney holder of plaintiff is present.
    Adv. for plaintiff absent.
    POA of plaintiff tendered evidence affidavit. TOR and marked as Exh.6  -O- Read and recorded.
    He also tendered list of documents. TOR and marked as Exh. 7.O- Put up for submission on exhibiting documents.
    Matter is adjd on 10-04-2023 for admission denial.
    Reason For Adjournment: court time is over
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: CA for plaintiff present.
    Adv. for plaintiff present.
    None for defendant.
    Matter is adjd on 06-07-2023 for admission and denials.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Vaibhav Kamble for plaintiff present.
    None for defendant.
    Matter is adj to 29/09/2023 for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    POA Jai Kishan Daga plaintiff present.  He seeks time to file evidence closing pursis.
    None for defendant.
    Matter is adj to 08/01/2024 for further evidence of plaintiff.
    Later on at 1.22pm
    Adv.Vaibhav Kamble i/b Adv.Rathore for plaintiff present.  He filed evidence closing pursis T.O.R marked as Exh-8.
    Matter is adj to 08/01/2024 for further evidence of defendant.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    POA of plaintiff present.
    None for defendant.
    Defendant failed to lead evidence hence his right to lead evidence is hereby forfeited.
    Matter is adj to 27/03/2024 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Deeraj Rathore for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for the plaintiff.
    Matter is adj to 24/04/2024 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: Plaintiff Mr. Jaykishan Daga present.
    Partly decreed.
    Reasons are Recorded Separately.
    Order dictated and pronounced in open Court.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 24-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102444/2020
    Filing Date: 21-02-2020
    First Hearing Date: 22nd April 2021
    Decision Date: 24th April 2024
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Apr 2024

    Order Details: Ex-parte Judgement Pdf Text: S. C. Suit No. 918/21. 1 Ex-parte Judgment (Exh.9). MHCC010023162020 Presented on : 21-02-2020 Registered on : 01-04-2021 Decided on : 24-04-2024 Duration : 4 years, 2 months, 3 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. SHORT CAUSE SUIT NO. 918 OF 2021 EXHIBIT NO.9. Smt. Sushma Devi Daga, ) Proprietor of Kirtinath Enterprises, ) Through POA Holder, ) Shri. Jai Kishan Narayandas Daga ) Age 37 Yrs, Occupation:- Business ) An…

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