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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s Otarmal Kantilal and Co.VsSuryakant Ramchandra Katkar +1 more

CNR MHCC0100249420194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 16th February 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100391/2019
Registration Date
11 Mar 2019

Advocates

1

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: 03-06-2019
    Business: Adv for plaintiff Mr.Dilip Sakhle present
    Matter is Adjd for Report to 19/07/2019
    Next Purpose: REPORT
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: court is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Matter called out(12.01pm)
    Adv. Vikas Saindare for plaintiff present.
    Exh-1 Plaint
    Exh-2 Vakalatnama
    Exh-3 Memorandum of register address
    Exh-4 List of documents.
    Exh-5Plaintiff filed affidavit of service.  The defendant is serve on 04.04.2019.  Defendant failed to appear before the court. Hence suit proceed ex-parte against defendant.
    Exh-6 Plaintiff filed summons for judgment. Order- Issue summons for judgment.
    Exh-7 Plaintiff filed document as per list. Order- Production allowed.
    Matter adj to 05/10/19 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv.Dileep Satale for plaintiff present.
    Defendant ex-parte.
    Matter is adj to 27/11/19 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Court is busy in final argument of Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
    Adv.Vikas Saindane for plaintiff present.
    Defendant ex-parte.
    Matter is adj to 20/01/2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Matter is called out at 11.31am
    At the request of plaintiff matter kept back.
    Second time matter called out(5.57pm)
    None present.
    Matter is adj to 31/01/2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Matter is called out at 11.47am
    At the request of plaintiff matter kept back.
    Second time matter called out(2.13pm)
    Adv.Dileep Satale for plaintiff present.
    Defendant ex-parte.
    Matter is adj to 11/02/2020 for ex-parte.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Matter is called out at 12.02pm
    Representative of plaintiff present.
    Defendant ex-parte.
    Matter is adj to 21/03/2020 for ex-parte argument.
    Later on at 12.01pm
    Adv.Dileep Satale for plaintiff present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
    Adjd to 21.07.2020 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: In view of the advisory to subordinate courts and office order dated 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
    Adjd to 23.11.2020 for Arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Business: The P.O. is on leave.  Hence matter is adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Adv. Dileep Satale for plaintiff present.
    None for defendant.
    Partly heard arguments of Ld. Adv. for plaintiff.
    Adjd to 01.02.2021 for further arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv. Vikas Saindane for plaintiff present.
    None for defendant.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Adjd to 11.02.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv. Dileep Sathle for plaintiff present.
    Heard arguments of advocate for plaintiff.
    Adjd to 12.02.2021 for judgment.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: The P.O. is on leave.  Hence board is discharged.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv. Mr. Satale for Plff. present.
    Original Bill of exchange and notice to the defendants are marked as Exh. 8 and Exh. 9 respectively.
    Judgment
    F.R.S.R. following order is passed -
    ORDER
    1. The summary civil suit No. 391 of 2019 is decreed with costs.
    2. The defendants are jointly and severally liable to pay Rs. 40,000/- (Rupees Forty Thousand only) to the plaintiff with interest @ 12% p. a. from the date of dishonour i.e. 02/04/2016 till payment.
    3. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 16-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102541/2019
    Filing Date: 28-02-2019
    First Hearing Date: 03rd June 2019
    Decision Date: 16th February 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 Judgment in Sum Civil Suit No. 391-19 Presented on Decided on Duration Exhibit : : : : 11.03.2019 16.02.2021 Y-1 M-11 D-5 10 CNR NO. : MHCC01-002494-2019 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI SHORT CAUSE SUMMARY CIVIL SUIT NO. 391 OF 2019 M/s. Otarmal Kantilal & Co. A Registered Partnership Firm carrying on business at Shop No.8, Kalyan Building No.2, Sadashiv Cross Lane, Kandewadi, Bombay-400004 through its Partner Mr.…

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