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SUMMARY CIVIL SUIT - SUMMARY SUIT

Rajesh Sumermal MunotVsManojj S. Katyal +3 more

CNR MHCC01002652201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 24th August 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100371/2018
Registration Date
20 Mar 2018

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 11-06-2018
    Business: Adv. Mr.Tripathi for plaintiff present.
    Adv. Mr.Rakesh Pathak for defendant no.1 present.
    Adv. fo rplff. Filed registered SJ no.1631/18. TOR.
    Matter is adj. to  12/7/2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Business: Adv. Tripathi for Plaintiff present.
    Adv. Rakesh Pathak for Defendant no.1 present.
    Advocate for plaintiff has filed service affidavit, TOR.
    The ld. Advocate for defendant no.1 has submitted that he will take the appropriate steps for filing the reply on S/J hence,
    Matter is adjd. to 16/08/2018 for Exparte Order against Def. no.2 and 3 and Steps by Deft. no.1.
    Next Purpose: ORDER
    Next Hearing Date: 16-08-2018
    
    Date: 16-08-2018
    Business: Adv. Tripathi for Plaintiff present.
    Adv. Rajdeep Gude h/f Adv. Pathak for Defendant present.
    The advocate for defendant though has filed the notice of motion, but it is not taken out for registration. Hence advocate for defendant is directed to get register the Notice of motion and submit before the Court on or before next date.
    Time is extended to register the Notice of motion
    Matter is adjd. to 11/09/2018 for N/M.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Adv.Tripati for Plaintiff
    Adv. Rakesh Pathak for Defendant  no.1 present.
    Adv for defendant filed register nm no. 3128/18 alongwith affidavit of service. Tor.
    Matter is adjd. 28/09/2018 to  for nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: Adv. Tripathi for Plaintiff present.
    Adv. Rakesh Pathak  for Defendant no.1 present.
    Advocate for plaintiff has filed the reply to the Notice of Motion, TOR.
    On the oral request of the ld. Advocate for defendant,
    Matter is adjd. to 15/10/2018 for Hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv. Tripathi for Plaintiff present.
    Adv. Rakesh Pathak for Defendant present.
    Advocate for defendant no.1 filed rejoinder to S/J.
    hear the argument of both the sides.
    Matter is adjd. to 25/10/2018  for Notice of Motion Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Matter transferred from Cr. no. 28.
    Adv. Tripathi Present for the Plff.
    Adv. Rajesh Pathak Present for the Deft.no.1.
    Heard both sides over NM 3128/18.
    Adj. For Order of NM 3128/18 on 04/12/2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Matter transferred from Cr. no.28.
    Adv. K. Tripathi Present for the Plff.
    Adv. Rakesh Pathak Present for the Deft.no.1.
    None Present for the Deft. no. 2,3,4.
    Heard both sides over NM 3128/18.
    F.R.S.R following order of NM 3128/18.
    1. Notice of Motion 3128/18 in Summary Suit no. 371/18 is made absolute subject to costs of Rs. 1000/- to D.L.S.A. Mumbai as condition precedent there by delay to file reply to SJ is condoned.
    2. On compliance replied of Defendant to SJ be taken on record.
    3. None compliance of the order will forfeit the right of defendant to file reply.
    Adj. For Compliance on 20/12/2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: The P.O. is on Leave
    Matter is Adjd for Compliance on 5/01/2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Adv for plaff Mr. Tripathi present
    Adv for deft no.1 Mr.Rakesh Pathak present
    He stated that he has deposited Rs. 1000/- to DLSA Mumbai
    Deft no 1 filed reply to S/J
    Matter is Adjd for rejoinder/ Argument on S/J on 16/01/2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Adv for plff. Mr. Tripathi present
    Adv for deft. Mr. Rakesh Pathak present
    Adv for plff. Filed affidavit of rejoinder
    He supplied copy of rejoinder to Adv for deft no.1
    Matter is Adjd for Argument on 15/02/2019
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-02-2019
    
    Date: 15-02-2019
    Business: Adv for plff.Mr.Tripathi present
    Exh2 Adv for plff filed list of documents along with original documents
    O-T.O.R.
    Matter is Adjd for S/J Hearing on 19/03/2019
    L.O.
    Adv for deft no 1 Mr. Rakesh Pathak present
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-03-2019
    
    Date: 15-02-2019
    Business: Adv for plff.Mr.Tripathi present
    Exh2 Adv for plff filed list of documents along with original documents
    O-T.O.R.
    Matter is Adjd for S/J Hearing on 19/03/2019
    L.O.
    Adv for deft no 1 Mr. Rakesh Pathak present
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: Matter transferred from Cr. no.09.
    Both parties and their counsel absent.
    Adj. For Hearing of SJ 163/18 on 27/06/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: None present.
    Adv.K.S.Tripathi for plaintiff present.
    Advocate for defendant absent.
    Matter adjd to 04.07.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. for plff. present.
    Adv. for deft. present.
    Matter adjd. to 23.07.2019
    Next Purpose: ORDER
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv. Tripathi for for plaintiff present.
    Adv. Rakesh Patil for defendant no.1 present.
    Heard argument of both advocate.
    By consent matter is Adjd for filing case law to 01.08.2019
    Next Purpose: CIATATION
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: Adv. Pathak for plaintiff present.
    Adv. for defendant present.
    Matter adjd for
    3.00pm
    Adv. Pathak for plaintiff present.
    Heard, argument of adv.of defendant no.1 He submitted case laws.
    Matter adjd for Order 26.08.2019
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2019
    
    Date: 01-08-2019
    Business: Adv. Pathak for plaintiff present.
    Adv. for defendant present.
    Matter adjd for
    3.00pm
    Adv. Pathak for plaintiff present.
    Heard, argument of adv.of defendant no.1 He submitted case laws.
    Matter adjd for Order 26.08.2019
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Tripathi for plaintiff present.
    Adv. Rakesh Pathak for defendant no. 1 present and he submitted that, in the rozanama dtd. 01.08.2019 it is shown that advocate Pathak for plaintiff was present. However, Advocate Pathak is presenting for defendant no. 1. Therefore, rozanama dtd. 01.08.2019 is corrected as advocate Pathak for defendant no. 1 is present.
    KB.
    LO at 1.40 pm
    Advocate Mr. Tripathi submitted case laws.
    Adj. for S.J. order to 03.09.2019.
    Next Purpose: ORDER
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Adv.Mr. Tripathi for the plaintiff is present.
    Adv. Mr. Rakesh Pathak for defendant No.1 is present.
    F.R.S.R. the following order is passed
    O R D E R
    Adv.Mr. Pathak filed an application for stay against order dated 03.09.2019. O-Other side to say.
    Matter is adjourned to      22.10.2019 for Compliance and Say on Exh..
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: adjd
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-11-2019
    
    Date: 22-10-2019
    Business: Adv. Tripathi for plaintiff present.
    Adv.Rakesh Pathak for defendant No.1 present, he filed application for extension of time for depositing amount.
    Say filed by advocate of plaintiff.
    Order
    Heard both side. There is no stay to the order dtd. 03.09.2019. Therefore, I do not find any sufficient reason to grant the application. It is rejected.
    Matter adj for Compliance/ order to 15.11.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Court is vacant. Board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2020
    
    Date: 15-11-2019
    Business: Court is vacant. Board is discharged.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: R and P not found
    Plaintiff absent.
    Defendant absent.
    Adv. K.S. Tripathi for plff. present.
    Adv. Rakesh Patil for deft. present.
    Matter is adjd to 31.03.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-03-2020
    
    Date: 05-02-2020
    Business: R and P not found
    Plaintiff absent.
    Defendant absent.
    Adv. K.S. Tripathi for plff. present.
    Adv. Rakesh Patil for deft. present.
    Matter is adjd to 31.03.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2020
    
    Date: 31-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2020
    
    Date: 17-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lock down
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-09-2020
    
    Date: 15-06-2020
    Business: National Lock down
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19 Pandemic none appeared.
    Matter is adjd to 17/12/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Both the parties and his advocate are absent.
    S/ J No. 163 of 2018 was already disposed off on dated 03.09.2019 in Cr. No. 40.
    Matter is adjd to 24.02.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-02-2021
    
    Date: 17-12-2020
    
    Date: 24-02-2021
    Business: P.O. is on leave.
    Matter is adjd to  29.04.2021  for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 28/07/2021 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 21.10.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Court is Vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Tripathi for plaintiff present.
    None for defendant.
    Matter is adjd for compliance to 28.01.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Plaintiff and defendant absent.
    Adv. Mr. Tripathi for plaintiff is present.
    Matter is adjd for Compliance on 11.02.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv Tripathi for plaintiff present and filed claim affidavit. TOR. Exh.
    Matter is adjd for arguments on 06-04-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: CORAM H.H.J. SMT. C.V. PATIL C.R. NO. 15
    Matter pertaining to CR 61
    Advocate Mr. Tripathi for plaintiff present.
    Advocate Mr. Chetan for defendant No. 1 to 4 present.
    The court has passed order on 03.09.2019 on SJ.  Therefore defendant No. 1 to 4 was directed to deposit Rs. 50 Lacs.  The advocate of plaintiff filed application with certificate of PLA Section, Accounts department to show that till date the defendant has not complied that order.  Therefore, the suit be treated without rely / No written statement.  Accordingly, the plaintiff to proceed ahead.  The advocate of plaintiff submitted that already on 11.02.2022 he has filed claim affidavit and also plaintiff has filed document below Exh. 2.
    Matter is adjd for marking documents / further evidence to 05.05.2022.
    Next Purpose: HEARING
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: P.O. is on training
    Next Purpose: HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 10/08/2022 for Ex-parte Arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: P.O. IS ON LEAVE
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv. Tripathi for Plaintiff present.
    None for Defendant.
    FRSR following order is passed on-
    1)Summary Suit No.371 of 2018 is hereby partly decreed with cost.
    2)Defendant No.1 do pay an amount of Rs.52,90,214/-(Rupees Fifty Two Lakhs Ninety Thousand Two Hundred Fourteen Only) to the plaintiff along with interest at the rate of 09 percent per annum from the  31.01.2018 till  entire realization of amount.
    3)Plaintiff is entitled for refund of Court fees, as per rules.
    4)Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 24-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102955/2018
    Filing Date: 21-02-2018
    First Hearing Date: 11th June 2018
    Decision Date: 24th August 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    24 Aug 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010026522018 Presented on : 21-02-2018 Registered on : 20-03-2018 Decided on : 24-08-2022 Duration : 04Y-06M-3D EXHIBIT- 06 IN THE COURT OF JUDGE CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 371 OF 2018 Rajesh Sumermal Munot Son of Sumermal Munot, aged 31 years, Occupation:Business, carrying on business under the name and style of 'MUNOT INDUSTRIES', at 25/A, Chandawadi, 138, C.P.Tank Road, Mumbai-400 004. Mobile No.09833069901 Email; munotindustries @yahoo.com ...Plaintiff Versus 1.…

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    Interim Order 1Full order available
    03 Sept 2019

    Order Details: Other Pdf Text: 1 SJ No.163/2018 in Summary Suit No.371/2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT No.163 of 2018 (CNR NO. MH CC010067602018) In SUMMARY SUIT NO. 371 OF 2018 Rajesh Sumermal Munot Son of Sumermal Munot, aged 31 years, Occupation : Business, Carrying on business under the name and style of “MUNOT INDUSTRIES” at 25/A, Chandawadi, 138, C.P. Tank Road, Mumbai400 004. ....Plaintiff V/s. 1) Manojj S. Katyal also known as Manoj…

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    Order 2Full order available
    24 Aug 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010026522018 Presented on : 21-02-2018 Registered on : 20-03-2018 Decided on : 24-08-2022 Duration : 04Y-06M-3D EXHIBIT- 06 IN THE COURT OF JUDGE CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 371 OF 2018 Rajesh Sumermal Munot Son of Sumermal Munot, aged 31 years, Occupation:Business, carrying on business under the name and style of 'MUNOT INDUSTRIES', at 25/A, Chandawadi, 138, C.P.Tank Road, Mumbai-400 004. Mobile No.09833069901 Email; munotindustries @yahoo.com ...Plaintiff Versus 1.…

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    Order 1Full order available
    03 Sept 2019

    Order Details: Other Pdf Text: 1 SJ No.163/2018 in Summary Suit No.371/2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT No.163 of 2018 (CNR NO. MH CC010067602018) In SUMMARY SUIT NO. 371 OF 2018 Rajesh Sumermal Munot Son of Sumermal Munot, aged 31 years, Occupation : Business, Carrying on business under the name and style of “MUNOT INDUSTRIES” at 25/A, Chandawadi, 138, C.P. Tank Road, Mumbai400 004. ....Plaintiff V/s. 1) Manojj S. Katyal also known as Manoj…

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