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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Ashok Mohansing BajajVsShailesh P. Sharma +1 more

CNR MHCC01002554201815-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 31st August 2021

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100062/2018
Registration Date
20 Feb 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-04-2018
    Business: Adv. Ms. Kavita Lalawani for plaintiff present.
    Adv. Ms.Swara Waikar for defendant present.
    Adv for plaintiff filed original sj no.62/18 and affidavit of service.
    Adv for defendant already filed sj reply tor.
    Adv for plaintiff seeks time for filing rejoinder.
    Matter is adj. to  28/06/2018 for reply rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Prasad Rane  for Defendant present.
    Advocate for plaintiff has filed affidavit of rejoinder of S/J 62/18, TOR.
    Matter is adjd. to 03/08/2018 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Adv. Ms. Kavita Lalwani for Plaintiff present.
    Adv. Mr. Prasad Rane for Defendant present.
    Advocate for defendant seeks short adjournment for S/J hearing. Hence with the consent of both the sides,
    Matter is adjd. to 29/08/2018 for S/J hearing.
    Next Purpose: HEARING
    Next Hearing Date: 29-08-2018
    
    Date: 29-08-2018
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Prashant Rathod for Defendant present.
    Advocate for defendant has filed application for adjournment.
    Order - Considering the reasons that the advocate for defendant on record, is in personal difficulty and unable to attend the Court today, hence case is adjourn for S/J hearing.
    Matter is adjd. to 03/10/2018 for S/J Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Adv. for Plaintiff absent.
    Adv. Swara Waikar for Defendant present.
    On the oral request of the advocate for defendant,
    Matter is adjd. to 19/11/2018 for S/J hearing as last chance.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-11-2018
    
    Date: 19-11-2018
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Prasad Rane for Defendant present.
    With the consent of both the parties,
    Matter is adjd. to 13/12/2018 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2018
    
    Date: 13-12-2018
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Prasad Rane for Defendant present.
    With the consent of both the parties,
    Matter is adjd. to 09/01/2019 for Settlement as parties agreed to file the Consent Terms.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Swara Waikar for Defendant present.
    The advocate for defendant has submitted that defendant is ready to settle the matter hence with the consent of both the parties,
    Matter is adjd. to 19/01/2019 for Settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Rana for Defendant present.
    Advocate for defendant has submitted that defendant is ready to settle the matter. It appears that since long case is appearing for settlement, but there is no settlement between the parties. Last chance is granted for settlement. It is made clear that if the defendant fails to make the settlement on or before the next date the Court will hear the S/J.
    Matter is adjd. to 02/02/2019 for Settlement / Hearing of S/J.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: Adv. for Plaintiff absent.
    Adv. Swara Waikar for Defendant present.
    Advocate for defendant has filed application for prohibition of continuation of the suit proceeding as per National Company Law Tribunal  dated 14/01/2009.
    Order  Plaintiff to say.
    Matter is adjd. to 15/03/2019  for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2019
    
    Date: 15-03-2019
    Business: Adv. Kavita Lalwani for Plaintiff present.
    Adv. Swara Waikar for Defendant present.
    Advocate for plaintiff has filed reply to the application of the defendant dated 14/01/2019, TOR.
    Matter is adjd. to 12/04/2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Clerk of Adv for plaintiff present
    Adv for deft Ms.Swara present
    Adv for deft stated that they want to file rejoinder to the application filed by them.
    O-time Granted to file rejoinder
    Matter is Adjd for Filing Rejoinder to 17/07/2019
    Next Purpose: REJOINDER
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: Adv.Ms.Kavita Lalwani for plaintiff present.
    None for defendant present.
    Defendant have not filed rejoinder.
    Adjd for hearing of application for prohibition of continuation of suit to 05.09.2019
    Next Purpose: HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Adv. Miss Kavita Lalwani for plaintiff present.
    Adv.  Ravindra Jadhav for deft. Present.
    Due to heavy rains.
    Adj. for SJ hearing on 07.10.2019.
    Next Purpose: HEARING
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Lalwani for plaintiff present.
    Adv. Ravindra Jadhav for deft present.
    Heard both sides on application for prohibition continue suit. From the record it seems that the NCLT has passed moretium order with respect to deft. no. 2. Therefore, case can not be proceeded against deft. no. 2. In this case the plaintiff has claimed that deft. no.1 is the drawer of bill of exchange. Therefore, suit to proceed further against deft. no.1.
    Adjd. for SJ hearing to 14.11.2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. for plaintiff absent .
    Adv. Prasad Rane for deft present.
    KB
    LO At 1.10 p.m.
    Adv. Lalwani for plaintiff present.
    Adjd. to 15.11.2019 for argument at 3.00 p.m.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adjd to 27.11.2019 for SJ order
    Next Purpose: ORDER
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Lalwani for plff. present.
    None for deft.
    Exh.7- Application alongwith original document filed by plff.
    Adjd. for argument of deft, if any, to 30.11.2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: None present.
    KB
    LO At 12.10 p.m.
    Adv. Lalwani for plff present.
    None for deft.
    Adjd to 06.12.2019 for argument of deft.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: None for plaintiff.
    Adv. Ravindra Jadhav  for defendant present.
    KB LO
    Adv. Kavita Lalwani for plaintiff present.
    Matter adjd to 11-12-2019   for  Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Kavita Lalwani present for the plff.
    Adv. Ravidera Jadhav present for the deft.
    Ld counsel for the deft sought time for argument. Granted last chance.
    Adj. For Argument on 21/12/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Court is on leave.
    Matter adjd to 13/01/2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Lalwani for plaintiff.
    Adv. Ravindra Jadhav for defendant.
    Adv. for defendant filed further documents.
    Copy is served to other side.
    Adjd to 31.01.2020 for Arguments at 2.45pm.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv. Lalwani for plaintiff.
    Adv.Ravindra Jadhav holding for Adv. Prasad rane for defendant
    Heard arguments.
    Adjd for SJ order to 20-02-2020
    Next Purpose: ORDER
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv Kavita Lalwani for plaintiff present.
    None for Defenant.
    Matter is Adjd 02-03-2020 for order
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: None present
    F.R.S.R. following order
    ORDER
    1.The summons for judgment 62 of 2018 against defendant No.1 is rejected.
    2.Leave to defend is granted to defendant No.1 on condition that he shall deposit amount of Rs.2,75,000/- (Rupees Two Lakhs Seventy Five Thousand only) in the court on or before 27-04-2020.
    3.Subject to deposit of the amount as above, defendant No.1 shall file his written statement on or before 27-04-2020
    Adjd for compliance to 27-04-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: None present.
    Adjd to 25-02-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: None present
    Adjd to 23-03-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: None present
    Adjd to 20-07-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: None present for both parties.
    KB
    LO
    None present.
    Matter is adjd to 26.08.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: None present for both parties.
    She filed list of documents. TOR
    She filed Non deposit certificate TOR
    Matter is adjd to 31.08.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: None present for both parties.
    KB
    LO
    Adv Ms.Kavita Lalwani present for the plaintiff.
    None present for the defendant.
    Adv for the plaintiff filed pursis TOR O- filed.
    The leave was granted to defendant no.1 to defend the suit subject to depositing amount of Rs.2,75,000/- in the Court on or before 27.04.2021. Lrd advocate for plaintiff has filed report of the registry at Ex.8 stating that the defendant has not deposited amount of Rs.2,75,000/- in the Court. Depositing the amount is condition presedent for leave to defend. As defendant failed to comply, leave to defend is rejected. SJ for Judgment is accordingly disposed of. Cost will follow in main cause.
    Matter is adjd to 18.09.2021 for compliance.
    Nature Of Disposal: OTHER
    Disposal Date: 31-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102313/2018
    Filing Date: 20-02-2018
    First Hearing Date: 18th April 2018
    Decision Date: 31st August 2021
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    4
    Final Order 2
    31 Aug 2021
    Order Details: Other
    Pdf Text: Dt: 31.08.2021
    SUM 1401/17
    SJ 62/18
    Exh.
    CORAM : H.H.J SHRI. V.B.KAKATKAR(C.R.NO.15)
    None present for both parties.
    KB
    LO
    Adv Ms.Kavita Lalwani present for the plaintiff.
    None present for the defendant.
    Adv for the plaintiff filed pursis TOR O filed.
    The leave was granted to defendant no.1 to defend the suit
    subject to depositing amount of Rs.2,75,000/ in the Court on
    or before 27.04.2021. Lrd advocate for plaintiff has filed report
    of the registry at Ex.8 stating that the defendant has not
    deposited amount of Rs.2,75,000/ in the Court. Depositing the
    amount is condition presedent for leave to defend. As
    defendant failed to comply, leave to defend is rejected. SJ for
    Judgment is accordingly disposed of. Cost will follow in main
    cause.
    Matter is adjd to 18.09.2021 for compliance.
    Judge
    -- 1 of 1 --
    Interim Order 1Full order available
    02 Mar 2020

    Order Details: Copy of Judgment Pdf Text: SJ 62/2018 SUM.SUIT 1401/2017 1 MHCC010025542018 IN THE CITY CIVIL COURT AT MUMBAI SUMMONS FOR JUDGMENT No.62 of 2018 IN SUMMARY SUIT No. 1401 of 2017 (UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908) (CNR.NO.MHCC01-002554-2018) Ashok Mohansingh Bajaj, Age 61 years, the Karta and Manager of Ashok Bajaj H.U.F., carrying on business in the name and style of M/s. Adarsh Associates, a Proprietory Concern as its Sole Proprietor at 207, Niranjan, 99,…

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    Order 2
    31 Aug 2021
    Order Details: Other
    Pdf Text: Dt: 31.08.2021
    SUM 1401/17
    SJ 62/18
    Exh.
    CORAM : H.H.J SHRI. V.B.KAKATKAR(C.R.NO.15)
    None present for both parties.
    KB
    LO
    Adv Ms.Kavita Lalwani present for the plaintiff.
    None present for the defendant.
    Adv for the plaintiff filed pursis TOR O filed.
    The leave was granted to defendant no.1 to defend the suit
    subject to depositing amount of Rs.2,75,000/ in the Court on
    or before 27.04.2021. Lrd advocate for plaintiff has filed report
    of the registry at Ex.8 stating that the defendant has not
    deposited amount of Rs.2,75,000/ in the Court. Depositing the
    amount is condition presedent for leave to defend. As
    defendant failed to comply, leave to defend is rejected. SJ for
    Judgment is accordingly disposed of. Cost will follow in main
    cause.
    Matter is adjd to 18.09.2021 for compliance.
    Judge
    -- 1 of 1 --
    Order 1Full order available
    02 Mar 2020

    Order Details: Copy of Judgment Pdf Text: SJ 62/2018 SUM.SUIT 1401/2017 1 MHCC010025542018 IN THE CITY CIVIL COURT AT MUMBAI SUMMONS FOR JUDGMENT No.62 of 2018 IN SUMMARY SUIT No. 1401 of 2017 (UNDER ORDER XXXVII THE CODE OF CIVIL PROCEDURE 1908) (CNR.NO.MHCC01-002554-2018) Ashok Mohansingh Bajaj, Age 61 years, the Karta and Manager of Ashok Bajaj H.U.F., carrying on business in the name and style of M/s. Adarsh Associates, a Proprietory Concern as its Sole Proprietor at 207, Niranjan, 99,…

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