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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Chetana Book DepotVsThirumala Nursery and Primary School +1 more

CNR MHCC01002480201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 21st December 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100460/2019
Registration Date
03 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 25-06-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 26/09/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Representative of plaintiff present.
    Adjd. to 17.12.2019 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Lakhani for plff prsent.
    Adv. for deft. absent.
    He requested to given last chance for failing of affidavit of service.
    Matter is adjd to 23.01.2020 for failing of affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Lakhani For plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 13.04.2020 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: Due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 08.03.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv sudhakar Lakhani for plaintiff present.
    Matter is adjd to 30.03.2021 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 15.07.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to  07.09.2021 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: Adv Madhuri Lakhni for plaintiff present.
    Matter is adjd for  affidavit of service  on 18-04-2022
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Lakhani for Plaintiff present and filed application for issuance of fresh writ of summons against the defendant.  (Exh.02) O-Application allowed.
    None for Defendant.
    Matter adjourned to 21.10.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv.Lakhani for plaintiff present.  He tendered service affidavit.  (Exh-2) From the affidavit  it transpires that the summons sent through Speed Post are returned with endorsement refused.   Refused is good service.  Defendants failed to cause appearance hence, suit to proceed ex-parte.
    Matter is adj to 07/01/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv.Ken Misquitha i/b Adv.Sudhkar Lakhani for plaintiff present.   He filed claim affidavit (Exh-3).
    He also filed list of documents (Exh-4)
    Following documents are marked exhibit as under.
    Office copy of Invoice No.5440.01 dated 11.05.2017 for Rs.2,68,530/- (Exh-5).
    Office copy of Invoice No.6642.01 dated 15.05.2017 for Rs.1,35,675/- (Exh-6).
    Office copy of Invoice No.14981.01 dated 30.06.2017 for Rs.6,900/- (Exh-7).
    Office copy of notice dated 29-12-2018 from plaintiffs advocate to defendants along with postal acknowledgements (Exh-8).
    Matter is adj to 06/02/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: As Court is busy in dictating judgment in Suit No.4910 of 2010, Summary Civil Suit No.462/14 and Summary Civil Suit No.962/2015 remaining first session board is discharged.
    Parties are at liberty to tender affidavit in chief, reply, applications, etc. if any.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Madhuri Lakhani for plaintiff present.
    None for defendant (Ex-parte).
    As court is busy in dictating judgment in Suit No.4526/2007,   matter is adj to 25/04/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Sudhakar Lakhani for plaintiff present.
    None for defendant (Ex-parte)
    Matter is adj to 24/07/2023 for ex-parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Kem Miskitta h/f Adv. Sudharkar Lakhani for plaintiff is present.
    Matter is adj to 22.11.2023 for Ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Prasad Pawaskar i/b Sudhakar Lakhani for plaintiff is present and filed evidence close pursis. TOR. It is marked Exh-9.
    Matter is adj to 04.12.2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-12-2023
    
    Date: 04-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Prasad Pawaskar i/b Adv. Sudharkar Lakhani for plaintiff is present.
    Matter is adj to 08.12.2024 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Prasad Pawaskar h/f Dv. Sudhakar Lakhani for plaintiff is present.
    Matter is adj to 21.12.2024 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Sudhakar Lakhani for plaintiff is present.
    Heard final arguments of counsel for the plaintiff.
    Judgment. It is marked as Exh-10.
    FRSR following order is passed
    Order
    1.The Summary suit No.460 of  2019 is partly decreed with costs.
    2.Both the defendants are held jointly and severally liable to pay to the plaintiff the decretal amount.
    3. The defendants shall pay the amount of Rs.2,01,549/- (Rupees Two Lakhs, One Thousand, Five Hundreds and Forty Nine only) to the plaintiff along with interest at the rate of Rs.9 percent p.a. from 02-03-2019 till the date of passing the decree and then @ Rs.6 percent p.a. from the date of the decree till its full realization.
    4.The plaintiff is entitled to get refund 2/3rd of the court fees amount be paid by it.
    5.The decree shall be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 21-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102619/2019
    Filing Date: 02-03-2019
    First Hearing Date: 25th June 2019
    Decision Date: 21st December 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Dec 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010024802019 Presented on 02-03-2019 Registered on 03-04-2019 Decided on 21-12-2023 Duration 04Y: 09M: 19D Exhibit 10 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 460 OF 2019 M/s. Chetana Book Depot, ] a partnership firm, (Now known as ] Chetana Publications (India) LLP, ] Having its registered office at 4th Floor, ] ‘B’ Wing, Building ‘E’, Trade Link, Kamla ] City, Above Bombay Canteen, Lower Parel, ] Mumbai – 400 013.…

    Read Full Order

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