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SUMMARY CIVIL SUIT - SUMMARY SUIT

Varun Ashvin JoshiVsAnil Punamchand Solanki

CNR MHCC01002941202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 21st April 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100292/2020
Registration Date
20 Mar 2020

Advocates

3

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 15-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Business: Matter is physically received on 19/10/2020.
    Matter is adjd to 14/01/2021.
    Next Purpose: REPORT
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Vaibhav Parab for plaintiff present.
    None for defendant.
    Today matter is for report.
    Ex.02   Ld Adv for plaintiff filed affidavit of service along with original writ of summons and Sheriff report t.o.r. O- Seen.
    It is mentioned in the service affidavit and the Sheriff report that defendant accepted writ of summons and signed on the original summons.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for exparte order against defendant to 25-02-2021.
    Next Purpose: ORDER
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Plaintiff present.
    Adv. Vaibhav Parab for plaintiff present.
    None for defendant.
    Matter adjd for exparte order to 09-04-2021.
    Next Purpose: ORDER
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Vaibhav Parab for plaintiff present.
    None for defendant.
    The Hon\''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay in pursuance of directions of the Hon\''ble Bombay High Court which have been issued after taking into account the exponentian surge in Covid-19 cases and the views of stakeholders vide circular dated 05-04-2020 enclosure with the letter no. Insp-I/30/2021, dated 05-04-2021 thereby allowing the restricted functioning of the court has directed as per Officer Order no. 73 of 2021, dated 06-04-2021 to Judicial Officers that Judicial Officers may not pass any adverse order owing to the absence of advocates, parties, witnesses or accused person until further orders.
    Matter adjd for Order to 17.06.2021.
    Next Purpose: ORDER
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: P. O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: None present.
    Order below Ex.01-
    In view of Ex.02 the defendant was duly served with writ of summons, but he failed to appear, hence, to proceed exparte against defendant.
    Matter adjd for exparte evidence to 10-11-2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Vaibhav Parab for plaintiff present.
    None present for deft.
    Time sought for filing evidence.
    Matter Adjd for Ex-parte evidence on 13/01/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: P. O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv. Vaibhav Parab for plaintiff present.
    None present for defendant.
    Exh.03 - Claim affidavit. O-read and recorded.
    Exh.04 - List of documents. O-be filed.
    Heard Ld. Adv. for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exh.05 - Bank Statement.
    Exh.06 - Certifcate under Section 65B.
    Exh.07 - MOU.
    Exh.08 - Cheque dt.07/11/2019.
    Exh.09 - Dishonour memo dt.11/11/2019.
    Exh.10 - Notice dt.17/12/2019.
    Exh.11 - Original packet of notice with acknowledgement.
    Exh.12 - Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte argument on 31/03/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Adv. Vaibhav Parab for plaintiff present.
    None present for defendant.
    Plaintiff is present.
    Heard final argument of plaintiff.
    Matter Adjd for ex-parte judgement on 16/04/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Plaintiff is present.
    Steno is on leave. Therefore matter is adjourned.
    Matter Adjd for ex-parte judgement on 21/04/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv. Vaibhav Parab for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.292 of 2020 is passed-
    ORDER
    1. The Summary Suit no.292 of 2020 is decreed with costs.
    2. Defendant shall pay the amount of Rs.36,69,925/- (Rupees Thirty Six Lacs Sixty Nine Thousand Nine Hundred and Twenty Five only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.24,90,000/-(Rupees Twenty Four Lacs Ninety Thousand 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: 21-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103231/2020
    Filing Date: 06-03-2020
    First Hearing Date: 15th June 2020
    Decision Date: 21st April 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Apr 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010029412020 Presented on 06032020 Registered on 20032020 Decided on 21-04-2022 Duration Yrs. M. Days 02 01 15 CNR No. MHCC010029412020 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.292 OF 2020 Mr. Varun Ashvin Joshi Adult, Indian Inhabitant, Hindu, Age: 30 years, Occupation Self Employed Residing at 22/E, Motiwala Juiblee Baug, Opposite Navjeevan Society, Near Delhi Bhojnalaya Lane, Tardeo, Mumbai 400 007. ...Plaintiff. V/s. Mr. Anil Punamchand Solanki Adult, Proprietor of…

    Read Full Order

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