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Commercial Suit

Vinod Dattaram KokateVsSundarrao Benajmine Tegaram +1 more

CNR MHCC01002849201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 15th November 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100328/2021
Registration Date
08 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: 01-07-2019
    Business: None present.
    Matter is Adjd for Affidavit of Service to 25/09/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Borade for plaintiff present.
    None for deft.
    Adjd. to 09.01.2020 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Keshav Borade for plaintiff present.
    Adv. for defendant absent.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document.
    Adv. for plaintiff filed application for permission to serve fresh writ of summons.
    Order- issue fresh summon as prayed.
    Matter is adjd to 20.02.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Khaire for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed application for extension of time. Exh-6 Order- Granted as prayed.
    Matter is adjd to 09.04.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 26.04.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Due to Covid-19 pandemic.
    Next Purpose: SERVICE
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Adv. Keshav Borhade for plaintiff present.
    Exh.7 - Adv. For plaintiff filed application for issuance of fresh summons.
    O. - Issue fresh summons by R.P.A.D. on given address.
    The matter is adjd for affidavit of service to 23.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Plaintiff present.  He submits that his advocate is not feeling well.  He sought time for filing service affidavit.  Adjournment is granted.
    The matter is adjd for affidavit of service to 21.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv. Keshav Borhade for plaintiff present.  Plaintiff present.
    Exh.8 - Service affidavit tendered by Adv. For plaintiff. T.O.R.
         As per service affidavit (Exh.8), defendants are duly served with writ of summons.  But, they failed to tender their appearance.  Therefore, suit to proceed without appearance of defendants.
    The matter is adjd for ex-parte evidence to 30.10.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Adv. Isha Jayphalkar for plaintiff present.  Plaintiff present.
    Exh.9 - Adv. For plaintiff filed affidavit of evidence of    PW-1 Vinod Dattaram Kokate.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.10 - List of documents.  T.O.R.
    Adv. For plaintiff submits that she does not want to examine any other witness.
    The matter is adjd for arguments to 12.11.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. Eesha Jaifalkar for plaintiff present. Plaintiff present.
    Exh.11 - Written notes of arguments.  T.O.R.
    The matter is adjd for judgment to 15.11.2021.
    Next Purpose: JUDGMENT
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv. Eesha Jaifalkar for plaintiff present.
    Plaintiff present.
    Exh.12 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.        Suit is partly decreed with costs.
    2.    Defendant nos.1 and 2 shall pay an amount of Rs.13,00,000/- (Rs. Thirteen lacs only) with interest @ 9percent p.a. to plaintiff from the date of the suit till the date of decree.   Defendant nos.1 and 2 shall pay further interest on principal amount of Rs.13,00,000/- (Rs. Thirteen lacs only) @ 6percent p.a. from the date of decree till it\''s realization.
    3.     Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
    4.        Decree thus follow.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 15-11-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102944/2019
    Filing Date: 08-03-2019
    First Hearing Date: 01st July 2019
    Decision Date: 15th November 2021
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Nov 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010028492019 Presented on : 08-03-2019 Registered on : 08-04-2019 Decided on : 15-11-2021 Duration : Y M D 02 08 07 BEFORE MUMBAI CITY CIVIL COURT AT GR. MUMBAI. COMMERCIAL SUIT NO.328 OF 2021 (SUMMARY SUIT NO.474 OF 2019) Presided Over by HHJ Shri. S. U. Hake Ex.12 Shri Vinod Dattaram Kokate Age: 55 years,Occupation : Business Residing at 1803, 18th Floor, Vijaya Residency, A Wing, Lalbaug Market, Lalbaug, Mumbai 400012. ..Plaintiff VERSUS…

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