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SUMMARY CIVIL SUIT - SUMMARY SUIT

Sherwali Nadar KhanVsKailesh B. Waghmare

CNR MHCC01003024202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100716/2021
Registration Date
03 Dec 2020
Next Hearing Date
30 Sept 2026
Case Stage
DISMISSAL

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 08-02-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    He seeks to file service of affidavit. Time granted till next date.
    Matter adjd for affidavit of service on 15.04.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Exh.2 - Adv. For plaintiff filed affidavit of service.  T.O.R.
               Perused the proceeding sheet and plaint.
    2.     Suit was initially registered as a Summary Suit. Thereafter, it was transferred to the Commercial Court treating the dispute as a commercial dispute.
    3.    Section 12 of the Commercial Courts Act, 2015  makes a provision for determination of specified value.  As per section 12 (1)(a) of the Commercial Courts Act, 2015, where the relief sought in a suit or application is for recovery of money, the money sought to be recovered in a suit or application inclusive of interest, if any, computed upto the date of filing of the suit or application, as the case may be, shall be taken into account for determining such specified value.
    4.    Plaintiff is seeking recovery of the amount of Rs.2,99,000/-.  She has also valued the suit for said amount. Thus, as per section 12(1)(a) of  the Commercial Courts Act, 2015, specified value of the present suit would be Rs.2,99,000/-.  Present suit does not qualify as a Commercial dispute considering the valuation of the claim made by the plaintiff.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    Matter is adjd for compliance of above order to 07.09.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: None present.
    Matter is adjd to 09.02.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: None present.
    Matter is adjd for compliance  on 16-02-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: None present.
    Matter is adjd for compliance on 04-05-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: As PO is busy in dictating Order in SJ No. 106/2021 in Sum SU No. 508/2021 and R/E in Sum Su No. 643/2014 and SC  No. 1884/2019 and SC 92/20.
    Matter adjourned to 23/08/2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: None for Plaintiff.
    None for Defendant.
    Kept back..
    Matter called out 05.01. P.M.
    None present.
    Matter adjourned to 23.11.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Adv.Ramesh Jain for plaintiff present.   At the request of advocate for plaintiff.
    Matter is adj to 19/01/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: None for plaintiff.
    It appears that the writ of summons is return unclaimed.
    Plaintiff to take necessary steps to serve the defendant.
    Matter is adj to 24/03/2023 for service affidavit/steps.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    No steps are taken to secure presence of the defendant since long time.  Hence, list the matter for dismissal order.
    Matter is adj to 06/05/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 01/07/2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his counsel absent.
    Matter is adj to 15.07.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to  05-08-2023  for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 02.09.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    Order below Exh-1
    Advocate for the plaintiff as pointed out that the plaintiff has already filed service affidavit affirmed by the clerk of the board department. It is appearing from the postal endorsement on the closed envelope that the suit summons sent for service to the defendant returned with the postal endorsement unclaimed dated 23.01.2021. The  advocate for the plaintiff submits that it is a good service and prayed for passing ex-parte order. In view of the remark of the postal department, it is declared that the suit is duly served on the defendant.
    Despite of service of defendant, he failed to appear and suit to proceed ex-parte against him.
    Matter is adj to 01.11.2023 for filing original documents, if any and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 20.01.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adjourned as last chance for filing ex-parte evidence.
    Matter is adj to 06.03.2024 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM  S. SHINDE-(C.R.NO.81)
    Adv Ramesh Jain for the plaintiff is present.
    The plaintiff was given last chance to take the steps.  The plaintiff failed to take the steps.  The matter is adjd for taking positive steps on next date.
    Matter is adj to 23.04.2024 for  taking steps/Exparte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv.Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 09/07/2024 for Ex-parte evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-07-2024
    
    Date: 09-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 10.09.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 07.12.2024 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-12-2024
    
    Date: 07-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present and requested for adjournment to file ex-party evidence.
    Matter is adj to 12/02/2024 for ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 15.04.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff is granted last to file evidence.
    Matter is adj to 09-07-2025 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-07-2025
    
    Date: 09-07-2025
    Business: P.O.IS LEAVE
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment to file ex-parte evidence. Adjournment is granted.
    Matter is adj to 24.09.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-09-2025
    
    Date: 24-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 06.11.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-11-2025
    
    Date: 06-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
    Matter is adj to 12.12.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
    Matter is adj to 28.01.2026 for filing ex-parte evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-01-2026
    
    Date: 28-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff was given last chance to file ex-parte evidence. Plaintiff failed to file ex-parte evidence. Hence, matter is kept for dismissal order.
    Matter is adj to 07.03.2026 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-03-2026
    
    Date: 07-03-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and filed an application for removal of caption dismissal. TOR and marked as Exh-3. Caption dismissal is removed subject to costs of Rs.1,000/- to be paid to DLSA.
    Matter is adj to 10.04.2026 for compliance/filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-04-2026
    
    Date: 10-04-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. M Shirke for plaintiff is present.
     Plaint will be failed to comply order of cost. Hence, matter kept for dismissal order.
    Matter is adj to 20-06-2026 for Dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-06-2026
    
    Date: 20-06-2026
    Business: None present.
    Kept Back
    later on at 12.01 pm
    None present.
    Matter is adj to 01-08-2026 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-08-2026
    
    Date: 01-08-2026
    Business: CORAM - H.H.J. SMT. V. G. UPADHYE(C.R.NO.81)
    None present.
    Matter is adj to 30-09-2026 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103319/2020
    Filing Date: 09-03-2020
    First Hearing Date: 08th February 2021
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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