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SUMMARY CIVIL SUIT - SUMMARY SUIT

Falco Auto CorporationVsAdinath Tractor Parts +1 more

CNR MHCC01002939202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 21st March 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100337/2020
Registration Date
12 Oct 2020

Advocates

1

For Petitioner

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 06.12.2021.
    Next Purpose: REPORT
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Representative of plaintiff present.
    None present for defendant.
    Matter Adjd for report on 17/02/2022.
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Representative of plaintiff present.
    None present for defendant.
    Matter Adjd for report on 21/04/2022.
    Next Purpose: REPORT
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv. Ashneer Chaddha for plaintiff present.
    None present for defendant.
    On the oral request by advocate for plaintiff, issue fresh writ of summons to defendant.
    Matter Adjd for service affidavit on 18/07/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: Adv. Ashneer for plaintiff present.
    None present for defendant.
    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.
    Matter Adjd for ex-parte order on 05/11/2022.
    Next Purpose: ORDER
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Ashneer for plaintiff present.
    None present for defendant.
    Order below Exh.01
    Defendant duly served as per Exh.02, but he failed to appear. Hence to proceed ex-parte against him.
    Matter Adjd for ex-parte evidence on 11/01/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Ashneel Saluja for plaintiff present.
    None present for defendant.
    Kb.
    Later on at 12.57 pm
    PW1 is present
    Exh.03- Claim affidavit. O-read and recorded.
    Exh.04 - List of documents. O-be filed.
    Heard learned advocate for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exh.05 - Invoice alongwith lorry receipt.
    Exh.06 - Cheque.
    Exh.07 - Legal demand notice alongwith postal receipt and AD Card.
    Exh.08 - Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte arguments on 21/02/2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Advocate Ms.A.Saluja for plaintiff present.
    None for defendant.
    Argument heard.
    Matter Adjd for ex-parte Judgment on 21.03.2023.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Adv. Ashneel Saliya h/f V. Kadam Asso. for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.337 of 2020 is passed-
    ORDER
    1. The Summary Suit No.337 of 2020 is decreed with costs.
    2. Defendant No.1 and 2 shall jointly and severally pay             the amount of Rs.37,582/-(Rupees Thirty Seven Thousand Five Hundred and Eighty Two Only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.30,309/-(Rupees Thirty Thousand Three Hundred and Nine only) from the date of filing suit till its actual realization.
    3. Decree be drawn up accordingly.
    4. Court fee if any be refunded as per rules to the plaintiff.
    5. Judgment is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 21-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103206/2020
    Filing Date: 06-03-2020
    First Hearing Date: 16th December 2020
    Decision Date: 21st March 2023
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Mar 2023

    Order Details: Ex-parte Judgement Pdf Text: Summary Suit 337 of 2020 Page No. 1 C.R.No.13 MHCC010029392020 Presented on 06-03-2020 Registered on 12-10-2020 Decided on 21-03-2023 Duration Yrs. M. Days 03 00 15 CNR No. MHCC010029392020 EXHIBIT09 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.337 OF 2020 FALCO AUTO CORPORATION, A proprietary firm having its office at 22, Dilip Niwas, Benham Hall Lane, Opera House, Mumbai 400 004. Through its Proprietor Mrs. Kamaljit Kaur Chadha Aged 52 years,…

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