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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Hazari Trading Company Through Its Sole Proprietor Mr. Lal Kumar HazariVsNiraj Kakad Constructions Through Its Sole Proprietor Niraj Gunvant Kakad

CNR MHCC01002381201815-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 11th December 2023

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100050/2018
Registration Date
15 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: 13-04-2018
    Business: Adv. Mr. Mayur Agrawal for plaintiff present.
    Plaintiff absent.
    None for the defendant.
    Adv. for plaintiff tendered original Summon for Judgment No. 50/18.
    Adv. for plaintiff filed Affidavit of service of SJ t.o.r.and marked Exh  .
    Defendant absent, inspite of service.  Hence, suit to proceed without reply.
    Matter is adj. to 14/06/2018 for SJ hearing without reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Adv. Agarwal for Plaintiff present.
    Adv. Shanti Komati for Defendant present.
    Matter is adjd. to 16/07/2018 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Adv. Mayur Agarwal for Plaintiff present.
    None for Defendant.
    Matter is adjd. to  21/08/2018 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Adv. Mayur Agarwal for Plaintiff present.
    None for Defendant.
    Heard the argument of advocate for plaintiff.
    Matter is adjd. to 02/11/2018 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 02-11-2018
    
    Date: 02-11-2018
    Business: Adv. Mayur Agarwal for Plaintiff present.
    None for Defendant.
    Court is busy in urgent hearing matters and old matters hence due to paucity of time,
    Matter is adjd. to 17/11/2018 for S/J order.
    Next Purpose: ORDER
    Next Hearing Date: 17-11-2018
    
    Date: 17-11-2018
    Business: Adv. for Plaintiff absent.
    Adv.  for Defendant absent.
    Due to paucity of time,
    Matter is adjd. to 06/12/2018 for S/J order.
    Next Purpose: ORDER
    Next Hearing Date: 06-12-2018
    
    Date: 06-12-2018
    Business: Adv. Mayur Agarwal for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff has filed written notes of argument.
    Court busy in Judgment in sum. Su. no.3567/12, 2101/13 and N/M no.2293/18, hence due to paucity of time,
    Matter is adjd. to 18/12/2018 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: None for Plaintiff
    None for Defendant
    court busy, due to paucity of time,
    Matter is adjd. to 10.01.19 for sj order.
    Next Purpose: ORDER
    Next Hearing Date: 10-01-2019
    
    Date: 10-01-2019
    Business: Adv. for Plaintiff absent.
    None for Defendant.
    Court is busy in dictating Judgment in Session case no.169/14 and in High Court Timebound matter no.3734/11 hence due to paucity of time,
    Matter is adjd. to 17/01/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Adv. for Plaintiff absent.
    None for Defendant.
    Court is busy in dictating the judgment of Suit no.7964/01 and other matters hence due to paucity of time,
    Matter is adjd. to 25/01/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: None for Plaintiff.
    Adv. Priyank Shukla for Defendant present.
    The advocate for defendant has filed vakalatnama.
    The said vakalatnama is not filed within 10days from the date of service of writ of summons, hence it is not accepted. Advocate for defendant has submitted that he will take the appropriate steps. Due to paucity of time,
    Matter is adjd. to 18/02/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 18-02-2019
    
    Date: 18-02-2019
    Business: Adv. Mayur Agarwal for Plaintiff present.
    None Defendant.
    Advocate for plaintiff has submitted that he will produced the original documents on record and will satisfied the court that S/J is duly served upon defendant. Hence in view of the above statement. Case is adjourn for production of document.
    Matter is adjd. to 01/03/2019 for Filing documents at 3.30pm.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Adv. Agarwal for plaintiff present.
    Adv. Shukla for defendant present.
    Advocate for plaintiff has filed compilation of document, TOR.
    Matter is adjd. to 20/03/2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Adv for plaintiff. Mr.Agarwal present
    Adv for deft Mr. Shukla present
    Heard Argument of Adv for plaintiff on S/J
    Matter is Adjd for Further Argument on S/J to 11/04/2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv for plaintiff Mr.Agarwal present
    Adv for deft Mr.Shukla present
    Adv for deft filed draft N/M along with affidavit and VP
    O-Leave Granted to register N/M
    Adv for plaintiff stated that he has received copy of N/M
    Matter is Adjd for Reply to N/M to 09/08/2019
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: P.O. is on training.
    Next Purpose: REPLY
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: None present.
    KB.
    LO At 2.00 p.m.
    Adv. Rahul Jain for plaintiff present.
    Reply to nm filed by adv. Of plaintiff.
    Copy be supplied to OS.
    Adjd. to 09.12.2019 for nm hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Adv for defendant filed NM 2630/19 @ affidavit. t.o.r.
    Copy of reply is served on the defendant.
    Matter stands Adj for NM hearing to 21/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Court is on leave.
    Matter adjd to 03/02/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Agrawal for plaintiff
    None for defendant
    Adjd as last chance to the defendants for NM Hearing to 24-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Agrawal for plaintiff
    Adjd to 17-02-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None present
    Adjd to 06-07-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Agarwal for plaintiff present.
    Adv. Girish Pawar for the defendant present and requested date.
    Matter is adjd. to 10/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv. for plaintiff present.
    Adv. for defendant present.
    Adv. for the defendant filed adjournment application.
    O-Adjournment granted.
    Matter is adjd. to 10/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: The suit is posted for NM Hearing. In view of S.O.P. Dated 07-01-2022 office order No. 07 of 2022, the concerned advocate and parties are directed to attend proceeding virtually for NM Argument or  file written notes of Argument..
    Matter is adjd. to 01-03-2022 for NM Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Agrawal for plaintiff present.
    None for defendant.
    KB
    Later on 03.13 pm
    Adv. Agrawal for plaintiff present.
    None for defendant.
    Matter is adjd. for NM 2630/2019 for Dismissal and               ex-parte evidence to 16-04-2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: PO is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Adv. Rahul Jain for Plaintiff present.
    Adv. Pawar h/f Adv. Sharma for defendant present and seeks time for argue in N.M on the ground that, counsel is busy in some other court. Adjournment is strongly objected by the plaintiff on the ground that, proceeding are being unduly delayed and Plaintiff is 78 years old. Granted as last chance, subject to cost of Rs. 500/-. Cost to be paid to Plaintiff on or before the next date.
    Adjd to 11/08/2022 for Compliance / arguments on N.M.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As court is vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: As court is vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Adv.Agrawal present for plaintiff.
    None present for defendant.
    Defendant failed to comply the order in roznama dated 02-07-2022 and to proceed with NM, hence, put up for NM dismissal on next date.
    Matter stands adjourned for NM dismissal on 25-08-2023.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv.Agarwal present for plaintiff.
    None present for defendant.
    KB
    L.O.  at 3.12 pm.
    Defendant absent failed to proceed with the Notice of Motion, he also failed to costs as imposed as per the roznama 02-07-2022, hence, the Notice of Motion No. 2630/19 stands dismissed in default.
    In consequent to dismissal of Notice of Motion in default there is no reply to Summons of Judgment, hence, proceed further as if, it is ex-parte.
    Matter stands adjourned for ex-parte evidence on  11-09-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv.Agrawal present for plaintiff.
    None present for defendant.
    KB
    L.O. at 3.10 pm.
    Adv.Agrawal present for plaintiff.
    None present for defendant.
    The following documents are exhibited as under.
    The Document at Sr.No.1 is the Original Tax Invoice bearing No. 30588 dated 14th September, 2016 TOR marked as Exh.9.
    The Document at Sr.No.2 is the Original Delivery Challan No.649 dated 10th September, 2016 TOR marked as Exh.10.
    The Document at Sr.No.3 is the Original Letter from Defendant TOR marked as Exh.11.
    The Document at Sr.No.4 is the original Cheque bearing No.044822 dated 10th September, 2016 drawn on Citi Bank, Mumbai TOR marked as Exh.12.
    The Document at Sr.No. 5 is the Original return memo issued by the Plaintiffs Banker TOR marked as Exh.13.
    The Document at Sr.No.6 is the officer copy of the Legal Notice dated 15th October, 2016 alongwith acknowledgment card by postal department TOR marked as Exh.14.
    Matter stands adjourned for argument on 17-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: P. O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv.Agrawal present for plaintiff.
    None present for defendant.
    Heard.
    KB
    L.O. at 3.30 pm.
    Adv.Agrawal present for plaintiff.
    Matter stands adjourned for further argument on 11-12-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Adv.Agarwal present for plaintiff.
    None present for defendant.
    Heard.
    KB.
    L.O. at 4.30 pm.
    Judgment Exh.15.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.414/2017, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.15,00,000/- alongwith interest at the rate of 9 percent per annum, from the date of dishonour of cheque i.e. 01/10/2016, till its full realisation from the defendant.
    3.Summons for judgment No.50/2018 stands disposed of accordingly.
    4.Court fees, if any, be refunded as per rule.
    5.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 11-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102677/2018
    Filing Date: 15-02-2018
    First Hearing Date: 13th April 2018
    Decision Date: 11th December 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    11 Dec 2023

    Order Details: Other Pdf Text: ..1.. Summary Civil Suit No.414/2017 MHCC010027252017 Presented on : 14/03/2017 Registered on : 24/03/2017 Decided on : 11/12/2023 Duration : 06Y 08M 29D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.15 SUMMARY CIVIL SUIT NO.414 OF 2017 ALONGWITH SUMMONS FOR JUDGMENT NO.50 OF 2018 HAZARI TRADING COMPANY a proprietary firm, through its Sole Proprietor Mr. Lal Kumar Hazari, having address at Hazari House, Shop No. 197-201, Dr. Cawasji Hormusji St, Dhobi Talao,…

    Read Full Order
    Order 1Full order available
    11 Dec 2023

    Order Details: Other Pdf Text: ..1.. Summary Civil Suit No.414/2017 MHCC010027252017 Presented on : 14/03/2017 Registered on : 24/03/2017 Decided on : 11/12/2023 Duration : 06Y 08M 29D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.15 SUMMARY CIVIL SUIT NO.414 OF 2017 ALONGWITH SUMMONS FOR JUDGMENT NO.50 OF 2018 HAZARI TRADING COMPANY a proprietary firm, through its Sole Proprietor Mr. Lal Kumar Hazari, having address at Hazari House, Shop No. 197-201, Dr. Cawasji Hormusji St, Dhobi Talao,…

    Read Full Order

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