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SUMMARY CIVIL SUIT - SUMMARY SUIT

Gurukrupa ElectricalsVsShree Services

CNR MHCC01002487201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 05th April 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100431/2018
Registration Date
06 Apr 2018

Advocates

1

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: 28-06-2018
    Business: Adv. Ujwala Bane  for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff filed writ of summons, TOR.
    Affidavit of service.
    Matter is adjd. to 10/09/2018 for Exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: None for Plaintiff
    None for Defendant
    Matter is adjd. 20/11/2018 to  for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-11-2018
    
    Date: 20-11-2018
    Business: wrongly on board, hence matter adjd till next date
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Business: Adv. Ujwala Bane for Plaintiff present.
    Adv. Bhakti Sutar  for Defendant present.
    Advocate for defendant has filed vakalatnama, TOR subject to confirmation.
    Advocate for defendant has also filed registered Ch/s no.94/19 alongwith affidavit, TOR.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 11/04/2019 for Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv for plaintiff Mr.Tendulkar present
    Intern of Adv for deft Ms.Akshata present
    Adv for plaintiff requested for adjournment to file reply
    O-Granted
    Matter is Adjd for Reply to C/S 94/19 to 16.08.2019
    Next Purpose: REPLY
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: P.O is on training. Adjd to 17/10/19
    Next Purpose: REPLY
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Ujwala Bane for plaintiff present.
    None for deft.
    Reply of ch/s filed by plaintiff. t.o.r.
    Exh. 2-Application for withdrawal of V/p on behalf of plaintiff. Heard Ld adv. for plaintiff. The letter to plaintiff about the withdrawal of V/p is filed alongwith this application. The letter bears the acknowledgment of plaintiff about the receipt of letter. Therefore, application is allowed. Adv. for plaintiff is discharged from the suit.
    Adjd. for ch/s hearing to 05.12.2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: Adv. Vilas Tendulkar for plaintiff present and filed Vakalatnama it is marked at Exh. 3 and to affidavit of service.
    Adj. To   24-01-2020  for C/S hearing
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Vilas for plaintiff.
    None for defendant.
    Adjd to 03.04.2020 for Ch/s Argument.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: P.O is on leave.
    Matter Adjd on 25/01/2021.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present
    Adjd to 20-04-2021
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: As per office order
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: None present for both parties.
    KB
    LO
    None present.
    Matter is adjd to 25.11.2021 Ch/s Arguments.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. Amrut Tigade for the plaintiff present.
    None for defendants.
    Applicant in Ch/s No.94/2019 is absent.
    Ch/s No.94/2019 is pending for hearing, it is filed by applicant M/S Shree Services. But,  applicant absent for argument. Therefore,  Ch/s No.94/2019 be kept for passing dismissal order.
    Matter is adjd. to 11/01/2022 for service of summons/ passing dismissal order on Ch/s No.94/2019 .
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: As per SOP, office Order No.07/22 dated 07/01/2022.
    Matter is adjd. to 18/02/2022 for CS for dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Tendolkar for plff. present.
    None for Deft.
    Since long Chs is pending without progress. The applicant of Ch/s is absent. Therefore Ch/s  94/2021 Stands dismissed. The adv. of Deft. appeared on record but failed to file written statement. Therefore suit to proceed without Written Statement.
    Matter is adjd. for No WS hearing to 17-03-2022.
    Next Purpose: HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Advocate Vilas Tendulkar for plaintiff present.
    None for defendant
    He requested time for Ex-parte Evidence.
    Matter is adjd. for Ex-Parte Evidence to 27-06-2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Vilas Tendulkar for Plaintiff present
    None present for defendant.
    Claim Affidavit Exh. 4.
    List of documents Exh. 5.
    Original Power of Attorney dtd. 04.1.2018 given to Shri. Kiran Pednekar by the rest of one partner to i.e. Mr. Pramod Arekar is t.o.r. and marked as Exh. 6.
    Original Partnership Deed dated 17.11.2010 between Shri. Kiran Ganpat Pednerkar and Shri. Pramod Ganpat Arekar alongwith the registration receipt is t.o.r. and marked as Exh. 7.
    Original Work Order of Shree Services is t.o.r. and marked as Ex.8.
    Original Tax Invoice Bill No. 28/2014-15 is t.o.r & marked as Ex.9.
    Original Tax Invoice Bill No. 29/2014-15 is tor & marked as Ex.10.
    Office copy of the Adv. Notice dtd. 2/04/2016 addressed to the Defendant  is tor & marked as Ex.11.
    Original Speed Post Receipt is t.o.r. and marked as Ex. 12.
    Original Postal acknowledgement is t.o.r. and marked as Ex. 13.
    Track Record obtained from Indian Post is t.o.r. & marked as Ex.14.
    Adjd to 27/07/2022 for Ex-parte arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Rehana Nalwala I/b Adv. Yogesh Pednekar present  for plaintiff , seeking time. Time is granted.
    None for defendant.
    Matter stands adjourned for argument on 07-07-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Adv.Vilas Tendolkar @ Adv. Pednekar for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for argument on 25-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv.Vilas Tendulkar present for plaintiff, tendered additional affidavit TOR marked as Exh.15.
    None present for defendant.
    He also tendered evidence closing pursis TOR marked as Exh.16.
    Matter stands adjourned for argument on 26-09-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv.Vilas Tendulkar present for plaintiff.
    None present for defendant.
    Defendant failed to adduce evidence. Hence, proceed without evidence of defendant.
    Put up for final argument on next date.
    Matter stands adjourned for final argument on 07-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Adv. Vilas Tendolkar and Yogesh Pednekar present for plaintiff.
    None present for defendant.
    Heard.
    Plaintiff to argue on the point of limitation.
    Matter stands adjourned for argument on 06-11-2023.
    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.Vilas Tendulkar @ Yogesh Pednekar present for plaintiff.
    None present for defendant.
    Matter stands adjourned for argument on 24-01-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Vilas Tendolkar present  for plaintiff tendered List of document 65 B certificate taken on record TOR marked as Exhibit -17 and Exh.18.
    None present for defendant.
    Email Dated 03-06-2014 TOR marked as Exh. 19.
    Email Dated 17-12-2014 TOR marked as Exh. 20.
    Email Dated 08-05-2015 TOR marked as Exh. 21.
    Email Dated 15-05-2015 TOR marked as Exh. 22.
    Full and final claim certificate 29-03-2016 TOR marked as Exh. 23.
    Matter stands adjourned  for Argument on 14-03-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Adv.Vilas Tendolkar a/w Yogesh Pednekar present for plaintiff.
    None present for defendant.
    Heard.
    Matter stands adjourned for further argument on 05-04-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: Adv.Vilas Tendulkar present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed-
    Ex-parte Judgment Exh.24.
    ORDER
    1.Summary Suit No.431 of 2018, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.5,76,740.29/- alongwith interest at the rate of 9 percent per annum from 15/05/2015, till its full realisation from the defendant.
    3.Court fees, if any, be refunded as per rule.
    4.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 05-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102769/2018
    Filing Date: 16-02-2018
    First Hearing Date: 28th June 2018
    Decision Date: 05th April 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Apr 2024

    Order Details: Copy of Judgment Pdf Text: ..1.. Summary Suit No.431/2018 MHCC010024872018 Presented on : 16/02/2018 Registered on : 06/04/2018 Decided on : 05/04/2024 Duration : 06Y 01M 18D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT NO.24 SUMMARY SUIT NO.431 OF 2018 (CNR NO.MHCC01-002487-2018) GURUKRUPA ELECTRICALS Through its Partners, Occupation – Business, Mr. Kiran Pednekar (POA Holder), an adult Indian Inhabitant, Mr. Pramod Arekar, Adult, Indian, Inhabitant, partnership firm having their office at Mahim Fisherman Colony,…

    Read Full Order
    Order 1Full order available
    05 Apr 2024

    Order Details: Copy of Judgment Pdf Text: ..1.. Summary Suit No.431/2018 MHCC010024872018 Presented on : 16/02/2018 Registered on : 06/04/2018 Decided on : 05/04/2024 Duration : 06Y 01M 18D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT NO.24 SUMMARY SUIT NO.431 OF 2018 (CNR NO.MHCC01-002487-2018) GURUKRUPA ELECTRICALS Through its Partners, Occupation – Business, Mr. Kiran Pednekar (POA Holder), an adult Indian Inhabitant, Mr. Pramod Arekar, Adult, Indian, Inhabitant, partnership firm having their office at Mahim Fisherman Colony,…

    Read Full Order

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