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SUMMARY CIVIL SUIT - SUMMARY SUIT

Khemdas Bhemdas SadhuVsJagdish Prajapati

CNR MHCC01002982202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 09th December 2022

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100284/2020
Registration Date
14 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 08-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: REPORT
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.  Matter adjd to 08.02.2021.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Adv. Mr. Navin for plff. present.
    Adv. for the plff has filed application t.o.r. marked exh. 2
    O- issued fresh summons to deft. on payment of necessary process.
    Matter is adjd for service on 26.04.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 07.08.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Both the parties and their advocates are absent.
    L.O. at 11.33 am
    Adv.  Navin Shrivastava for plaintiff present.
    Adv for plaintiff file application for issuance fresh of summons
    O- Issue fresh summons
    Matter is adjd to  12.10.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: None present.
    Matter is adjd to 14.02.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv Bhagat for plaintiff present and tendered affidavit of service. TOR. Exh. 5.
    None for defendant.
    Matter is adjd for  report on 05-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Sintoo Bhagat for Plaintiff present.
    None for Defendant.
    From the service affidavit (Exhibit-05) it appears that defendant is served with writ of summons on 01.09.2021.  However, till date defendant has not caused appearance.  Hence, suit to proceed ex-parte.
    Matter adjourned to 04.11.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv. for plaintiff present.
    At the request of advocate for plaintiff matter is kept back.
    Later on at 12.51pm
    Plaintiff present.
    Adv.Sindhu Bhagat for plaintiff present.   He filed affidavit of examination-in-chief (Exh-4) along with list of documents. (Exh-5)  O-Filed.
    Following documents are marked exhibit as under.
    Original Invoice copies. (Exh-6)
    Original Bank statements. (Exh-7)
    Original Ledger account signed by the defendant. (Exh-8)
    Original copy of letter with envelope. (Exh-9)
    Original copy of the advocate notice with returned envelope tracking report and tracking report. (Exh-10).
    Matter is adj to 09/12/2022 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Adv.Sintoo Bhagat for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for plaintiff.
    F.R.S.R following order is passed.
    ORDER
    A. Summary Suit No.284 of 2020 is partly decreed with costs.
    B. Defendant shall pay an amount of Rs. 1,16,072/- (Rupees One lakh Sixteen Thousand and Seventy Two only) to the plaintiff along with interest thereon at the rate of 12 percent p.a. from  date of filing of the suit i.e.03-03-2020 till realization of entire amount.
    C.Court fees be refunded to the plaintiff, as per the rules.
    D. Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 09-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103030/2020
    Filing Date: 03-03-2020
    First Hearing Date: 08th June 2020
    Decision Date: 09th December 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Dec 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010029822020 Presented on 03/03/2020 Registered on 14/03/2020 Decided on 09/12/2022 Duration Yrs. M. Days 02 09 06 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 284 OF 2020 EXHIBIT-11 Mr. Khemdas Bhemdas Sadhu, Proprietor, M/s. Silicon Metal, Aged 34, Occ-Business, Shop No.3, Ground Floor, 41 Kamathipura, 10thLane,Mumbai Central, Mumbai-400008. M9022885785,siliconmetal171@gmail.com ...Plaintiff Versus Mr. Jagdish Prajapati, Proprietor of M/s. Mahima Impex Aged not known, Occ.Business, Address: 158, 1st…

    Read Full Order

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