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SUMMARY CIVIL SUIT - SUMMARY SUIT

Shri Jayesh Ratilal GadaVsM/s. Chandan Stores +3 more

CNR MHCC01003275201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 23rd July 2024

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100496/2018
Registration Date
17 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 09-07-2018
    Business: None for Plaintiff
    None for Defendant
    Matter is adjd. to 25/10/2018 for Report.
    L.O.
    Adv. Kate h/f Veera for defendant present and filed vaklatnama for confirmation, TOR.
    Next Purpose: REPORT
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Plaintiff present.
    Adv. for Plaintiff absent.
    Adv. Kiran Rawal h/f Paras Vira for Defendant present.
    Plaintiff has filed draft S/J alongwith affidavit, TOR.
    Order  Leave is granted to register the S/J.
    Matter is adjd. to 20/12/2018 for S/J reply.
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Adv.  K M Sawala for plaintiff present.
    Adv Veera for defendant present
    Adv for plaintiff has filed register summons for judgment no. 351/18 along with affidavit.
    The adv for defendant has filed draft notice of motion along with affidavit
    O  Leave is granted to register the N/M.
    Matter is adj for N/M reply on 01/03/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Adv. Manish Jagani for Plaintiff present.
    Adv. Rawal for Defendant present.
    Advocate for defendant has filed registered N/M no.405/19 alongwith affidavit, TOR.
    Matter is adjd. to 27/03/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv for plaintiff Mr.Jagani present
    Adv for deft Ms.Rawat present
    Adv for plaintiff requested for adjournment
    O-Granted
    Matter is Adjd for Reply to N/M to 03/07/2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Jagani for plaintiff present.
    Adv. Ms. Rao for defendant present.
    On oral request by adv. for plaintiff, adjd. for Notice of motion reply to 29.08.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: Adv. Jagani for plaintiff.
    Adv. Kiran ravat for defendant.
    On oral request of Adv for plaintiff. Last chance is given to
    file reply to NM to 04/10/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Plff in person present.
    Adv. Paras Vira for deft present.
    Reply filed by plaintiff. Copy supplied to OS.
    Adjd. to 19.12.2019 for nm hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Savla for plaintiff present.
    Adv. Vira for defendant present.
    Matter adjd to 30/01/2020 for NM reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv. K.M.Savla for plaintiff
    Adv. Paras vira for defendant
    Adjd for reply of NM to 21-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Representative of plaintiff present.
    Adv for plaintiff.
    Adv paras vira for defendant. Deft present.
    Adv for defendant requested for time to file rejoinder.
    Hence, Adjd to 11-06-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv Mahesh Jagani present for the plaintiff.
    Adv Paras Vira present for the defendant.
    Matter is adjd to 08.11.2021 for NM reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Mr. Mourya h/f Adv. Meera for defendant present.
    None for plaintiff.
    FRSR following order is passed-
    O R D E R
    1.Notice Of Motion  No. 405 of 2019 is dismissed with costs.
    2.Notice Of Motion  No. 405 of 2019 is disposed of accordingly.
    Matter adjd to 15/12/2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv.  Manish Chagani for plaintiff present.
    Adv. Veera for the defendant present.
    KB
    L.O.
    The roznama dated 25/10/2018, shows that on that day summons for judgment is tendered, leave was granted. Since then, it is pending for reply. The advocate of defendant admitted that draft copy of SJ is served on her. But, now she insisting that registered SJ will be served. She do not know whether there is any difference contents of the draft SJ and registered SJ. Inspite of that without any provision, she asking to direct plaintiff to serve registered SJ on  her. Her request is rejected.  However, from long time reply is not filed. Therefore, the SJ to proceed without reply of defendant.
    By consent, matter is adjd. to 19/01/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: The suit is posted for SJ hearing. In view of SOP, office Order No.07/22 dated 07/01/2022 parties and advocates are directed to attend virtually.
    Matter is adjd. to 05/03/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Adv.Savra for plaintiff present.
    Adv. Veera for defendant.
    The adv. of defendant tendered copy of register NM no 221/2022. Copy of NM 221/2022 served to other side.
    Matter is adjd. for NM reply and SJ hearing to 28-03-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: Advocate Mr. Manish Jagani for plaintiff present.
    Advocate Mr. Paras Vira for defendant present.
    Matter is adjd. for SJ hearing to 07-06-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. Jagani for Plaintiff present and filed reply to N.M. 221/22 is t.o.r
    Adv. Mira for defendant present
    Adjd to 14/06/2022 for hearing on N.M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: As court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: As court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: C.A of Plaintiff present in person. Seeking time. Time is granted.
    Adv. Paras Vira present for defendant, filed rejoinder TOR.
    Copy served upon other side.
    Matter stands adjourned NM hearing on 03-08-2023 at 2.45.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv.Manish Jayani present for plaintiff.
    Adv.Paras Vira present for defendant.
    KB
    L.O. at 3.20 pm.
    Adv.Manish Jagani present for plaintiff, tendered citation TOR.
    Adv.Paras Vira present for defendant.
    Heard both side.
    Matter stands adjourned for NM hearing P.H. on 29-08-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: None present.
    KB
    L.O. at 2.50.
    Plaintiff in person present.
    Adv. Paras Vira present for defendant.
    KB for order.
    Matter stands adjourned for further argument /NM Order on 21-09-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Mayur Sonawane h/f Adv. Paras Vira for defendant present.
    None present for defendant.
    Advocate for defendant is seeking time to file citation. Time granted.
    Matter stands adjourned to 10.10.2023 for NM argument/citation.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: Adv. K.M. Savla i/b Manish Jagnani present for Plaintiff.
    Adv. Mayur Sonawane h/f Adv. Paras Vira present for Defendant.
    Heard.
    KB
    L.O. at 2.45 pm.
    Adv. Manish Jagnanani present for Plaintiff.
    Adv. Paras Vira present for Defendant, filed citations TOR.
    F.R.S.R. following order is passed-
    ORDER
    1.Notice of Motion No.221/2022 in Summary Civil Suit No.496/2018, is hereby rejected.
    2.Notice of Motion is disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Matter stands adjourned for steps on 08-11-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Adv. K.M. Savla h/f Manish Jagani present for plaintiff.
    Adv. Paras Vira present for defendant.
    Matter stands adjourned for Summons for Judgment hearing on
    17-02-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: Adv. Manish Jagani present for plaintiff.
    Adv. Paras Vira present for defendant, tendered adjournment application TOR marked as Exh.2.
    Heard the argument of plaintiff.
    Put up for argument of defendant.
    Matter stands adjourned for Summons for Judgment hearing on
    06-04-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Adv.Manish Jagani present for plaintiff.
    Adv.Priyanshi Trevadia present for defendant.
    kept back at 2.45 pm.
    L.O. at 3.30 pm.
    Adv.Manish Jagani present for plaintiff.
    Adv.Paras Vira present for defendant.
    Matter is proceeded without reply of defendant, hence, matter be proceeded as per the provisions of under Order 37 Rule 3 (3) of CPC.
    Plaintiff is directed to file original documents.
    Matter stands adjourned for filing of original documents
    on 02-05-2024.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: Plaintiff alongwith Adv. Manish Jagani present, tendered application for production of documents with compilation of documents to Summons for Judgment TOR marked as Exh.3 and Exh.4.
    Adv. Priyanshi Trevadia h/f Paras Vira  present for defendant.
    Matter stands adjourned for argument on 24-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv.Manish Jagani present for plaintiff, tendered citations with written submissions TOR.
    None present for defendant.
    Kept back for order.
    L.O. at 12.40 pm.
    Adv. Paras Vira present for defendant.
    Matter stands adjourned for argument on 08-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-07-2024
    
    Date: 08-07-2024
    Business: Plaintiff in person present.  He tendered citations. TOR.
    None present for defendant.
    Matter stands adjourned for further argument on 23-07-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: None present.
    Kept back.
    Later on mentioned at 11.12 p.m.
    Adv. Manish Jagani for plaintiff present. He tendered application with certified copy of Honble High Court. TOR. Exh.05.
    Adv. Paras Vira for defendant present.
    Heard argument of plaintiff.
    F.R.S.R. following order is passed-
     ORDER
    1.Summons for Judgment No.351 of 2018 in Summary Suit No.496 of 2018, is hereby allowed.
    2.Summary Suit No.496 of 2018, stands partly decreed with costs.
    3.Defendants are directed to pay the plaintiff a sum of Rs.50,00,000/- alongwith interest at the rate of 9 percent per annum from 01/04/2017, till its full realisation.
    4.Decree be drawn up accordingly.
    5.Court fees, if any, be refunded as per rule.
    6.Summons for Judgment disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 23-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103651/2018
    Filing Date: 07-03-2018
    First Hearing Date: 09th July 2018
    Decision Date: 23rd July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    23 Jul 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100496/2018
    Shri Jayesh Ratilal Gada Vs 1. M/s. Chandan Stores 2. Shri Nirmal Gagubhai Chhadwa 3. Smt.
    Leena Nirmal Chhadwa
    Date : 23-07-2024
    Business : None present. Kept back. Later on mentioned at 11.12 p.m.
    Adv. Manish Jagani for plaintiff present. He tendered
    application with certified copy of Honble High Court. TOR.
    Exh.05. Adv. Paras Vira for defendant present. Heard
    argument of plaintiff. F.R.S.R. following order is passed-
    ORDER 1.Summons for Judgment No.351 of 2018 in
    Summary Suit No.496 of 2018, is hereby allowed.
    2.Summary Suit No.496 of 2018, stands partly decreed with
    costs. 3.Defendants are directed to pay the plaintiff a sum of
    Rs.50,00,000/- alongwith interest at the rate of 9 percent per
    annum from 01/04/2017, till its full realisation. 4.Decree be
    drawn up accordingly. 5.Court fees, if any, be refunded as
    per rule. 6.Summons for Judgment disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Nature of Disposal : PARTLY DECREED
    Disposal Date : 23-07-2024
    COURT 84 ADDL SESSIONS JUDGE
    Print
    -- 1 of 1 --
    Order 1
    23 Jul 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100496/2018
    Shri Jayesh Ratilal Gada Vs 1. M/s. Chandan Stores 2. Shri Nirmal Gagubhai Chhadwa 3. Smt.
    Leena Nirmal Chhadwa
    Date : 23-07-2024
    Business : None present. Kept back. Later on mentioned at 11.12 p.m.
    Adv. Manish Jagani for plaintiff present. He tendered
    application with certified copy of Honble High Court. TOR.
    Exh.05. Adv. Paras Vira for defendant present. Heard
    argument of plaintiff. F.R.S.R. following order is passed-
    ORDER 1.Summons for Judgment No.351 of 2018 in
    Summary Suit No.496 of 2018, is hereby allowed.
    2.Summary Suit No.496 of 2018, stands partly decreed with
    costs. 3.Defendants are directed to pay the plaintiff a sum of
    Rs.50,00,000/- alongwith interest at the rate of 9 percent per
    annum from 01/04/2017, till its full realisation. 4.Decree be
    drawn up accordingly. 5.Court fees, if any, be refunded as
    per rule. 6.Summons for Judgment disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Nature of Disposal : PARTLY DECREED
    Disposal Date : 23-07-2024
    COURT 84 ADDL SESSIONS JUDGE
    Print
    -- 1 of 1 --

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