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SUMMARY CIVIL SUIT - SUMMARY SUIT

Falco Auto CorporationVsSonpari Automobiles and anr. +1 more

CNR MHCC01002927202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 25th April 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100338/2020
Registration Date
12 Oct 2020

Advocates

2

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 16-12-2020
    Business: Adv. for Plaintiff Absent.
    Adv. for defendant Absent.
    Matter is adjd. to 17.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 73/2021 dtd. 06.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 05.04.2021 with the  Letter No. Insp/I/30/2021 dtd. 05.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 07.04.2021 in supersession of earlier Office Order No. 64/2021. As per clause No.4 of the said Office Order No.73/2021 all Courts shall remain closed on every Saturday and to take up only remand and urgent matters, as being taken up on holidays.
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: P.O. is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None for present.
    Matter adjd for Report to 13.12.2021.
    Next Purpose: REPORT
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None present.
    Matter adjd for report on 23/02/2022.
    Next Purpose: REPORT
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: None present.
    Matter Adjd for report on 29/04/2022.
    Next Purpose: REPORT
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: P.O. is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Ashneer for plaintiff present.
    None present for defendant.
    On oral request by adv. for plaintiff re-issue writ of summons to defendants.
    Matter Adjd for report on 20/09/2022.
    Next Purpose: REPORT
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Ashneer Chadda for plaintiff present.
    None present for defendant.
    Exh.02 - Service affidavit. O-Seen. Service not effected.
    Matter Adjd for steps on 05/11/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Ashneer for plaintiff present.
    None present for defendant.
    Matter Adjd for taking steps on 11/01/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Ashneel Saluja for plaintiff present.
    None present for defendant.
    Exh.03 - Application for substituted service on affidavit. O-seen.
    Order below Exh.03
    Order - Perusal of record shows that, the defendant is not served by way of ordinary summons. Hence issue writ of summons by way substituted service by paper publication. Exh.03 is disposed off accordingly.
    Matter Adjd for compliance on 23/03/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv. Ashneel Saluja I/b V. Kadam Asso. for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for service affidavit on 07/06/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: Plaintiff absent.
    Defendant and his counsel are absent.
    Adv. Ashneel Saluja h/f Adv. V. Kadam for plaintiff is present.
    Matter Adjd for order to 02.09.2023.
    Next Purpose: ORDER
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: P. O. is on leave.
    Hence, matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Matter pertains to C. R. No. 83
    Adv Geet Chadha for plaintiff present.
    Roznama dated 01/08/2023 shows that the plaintiff has filed affidavit of service (Exh. 04) wherein the writ of summons is duly served upon defendant through paper publication.  However the defendant failed to appear.  Hence matter is proceeded without appearance of defendant.
    Matter stands Adj for Claim affidavit on 04/04/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: Court is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv. Geet Chadda  for plaintiff present.
    Plaintiff present.
    None for defendant.
    Adv for plaintiff filed claim affidavit t.o.r marked as Exh.  05
    Adv for plaintiff filed List of documents t.o.r marked as Exh. 06
    The plaintiff filed the affidavit of witness. Witness is present in court who stated that contents are correct. Plaintiff also filed documents. Some Tax invoices are filed without 65B certificate. Certificate U/Sec. 65B is required to be filed.
    Matter is adjourned to 12.08.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-08-2024
    
    Date: 12-08-2024
    Business: Adv. Geet for plaintiff present.
    Adv for plaintiff filed certificate U/sec 65B taken on record and marked as Exh.07.
    Matter is adjourned to 06.11.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-11-2024
    
    Date: 06-11-2024
    Business: Adv. Geet Chadha for plaintiff present.
    Matter is adjourned to 29.01.2025 for marking of documents.
    Next Purpose: FOR___________________
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: Adv. Baaz Singh Chadha for plaintiff present.
    None of defendant present.
    Order on admissibility of documents -
    Exh.08 - Invoice No.758 dt. 28.03.2018.
    Exh.09 - Original legal demand notice dt.21.01.2019.
    Exh.10 - Particulars of claim
    Matter is adjourned to 28.02.2025 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-02-2025
    
    Date: 28-02-2025
    Business: Adv. Baaz Singh Chadha for plaintiff present and advanced final argument.
    Matter is adjourned to 11.03.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 11-03-2025
    
    Date: 11-03-2025
    Business: None present.
    Court is busy in recording evidence in Suit No.8293/99, 8292/98 and 8227/1998 and passing order in Ch/s No.2566/2024.
    Matter is adjourned to 19.03.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 19-03-2025
    
    Date: 19-03-2025
    Business: P.O. is on leave.
    Next Purpose: JUDGMENT
    Next Hearing Date: 28-03-2025
    
    Date: 28-03-2025
    Business: P.O is on training
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-04-2025
    
    Date: 07-04-2025
    Business: None present.
    Court is busy in passing order in E.A 516/2017 and NM No.1006/2017 and hearing argument in H.C.T.B matter in 3488/2010.
    Matter is adjourned to 25.04.2025 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 25-04-2025
    
    Date: 25-04-2025
    Business: Disposed
    Nature Of Disposal: DECREED
    Disposal Date: 25-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103205/2020
    Filing Date: 06-03-2020
    First Hearing Date: 16th December 2020
    Decision Date: 25th April 2025
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Apr 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010029272020 Presented on 06-03-2020 Registered on 12-10-2020 Decided on 25-04-2025 Duration Year Month Days 05 01 19 CNR No. MHCC010029272020 EXH. IN THE BOMBAY CITY CIVIL COURT AT MAZGAON SUMMARY SUIT NO.338 OF 2020 Falco Auto Corporation, A proprietary firm Having its office at 22, Dilip Niwas, Benham Hall Lane, Opera House, Mumbai – 400004. Through its Proprietor Mrs. Kamaljit Kaur Chadha, aged 52 years, Indian, Inhabitant of Mumbai. ...Plaintiff. Versus 1. Sonpari Automobiles…

    Read Full Order

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