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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Ashok Saibu GadgeVsMrs. Rosamma Joseph

CNR MHCC01003310201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 03rd February 2021

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100365/2018
Registration Date
19 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-06-2018
    Business: Adv. Mr.B.S. Patil for plaintiff present.
    None for the defendant.
    Plaint.
    V/k.
    List of document.
    Address memo.
    Adv for plaintiff filed service affidavit.
    Affidavit of evidence.
    List of documents.
    Defendant absent inspite of service. Hence, suit is exparte against the defendant.
    None appearance certificate.
    Matter is adj. to  20/08/2018 for exparte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-09-2018
    
    Date: 05-09-2018
    Business: Adv. B. S. Patil for Plaintiff present.
    None for Defendant.
    Heard the argument of advocate for plaintiff.
    Matter is adjd. to 27/09/2018 for Exparte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 27-09-2018
    
    Date: 27-09-2018
    Business: Adv. B. S. Patil for Plaintiff present.
    None for Defendant.
    Court busy in Judgment of Sum. Su. no.7265/04 and 5760/06 hence due to paucity of time,
    Matter is adjd. to 15/10/2018 for Exparte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Adv. for Plaintiff present.
    None for Defendant.
    Due to paucity of time,
    Matter is adjd. to 25/10/2018 for Exparte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Matter transferred from Cr. no. 28.
    None Present for the Plff.
    None Present for the deft. Proceeded Ex-parte.
    Adj. For Re- Argument on 26/11/2018.
    Lo 5.00pm
    Adv. Baleem Patil Present for the Plff. Appeared and submitted that, the was not aware about the transfer of the matter hence, prayed for hearing the matter.
    Heard Ld counsel for the Plff at length.
    Kept for Judgment on 26/11/2018.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Matter transferred from Cr. no.28.
    Adv. Balbheem Patil Present for the Plff.
    Adv. Mahashabde Present for the Deft.
    Ld counsel for the deft filed registered NM 4404/18 alongwith affidavit. t.o.r. copy served to Ld counsel for the Plff.
    Ld counsel for the Plff sought time to file reply to NM 4404/18. granted.
    Adj. For Reply to NM 4404/18 on 18/12/2018.
    Next Purpose: REPLY
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Adv for plaff Mr. B. S Patil present
    Adv for deft Mr. Mahashabde present
    plaff filed reply to N/M 4404/18
    Matter is Adjd for Argument on N/M on 17/01/2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-01-2019
    
    Date: 18-12-2018
    Business: Adv for plaff Mr. B. S Patil present
    Adv for deft Mr. Mahashabde present
    plaff filed reply to N/M 4404/18
    Matter is Adjd for Argument on N/M on 17/01/2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Adv for plff.Mr.Patil present
    Matter is Adjd for N/M 4404/18 Hearing on 29/01/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2019
    
    Date: 17-01-2019
    Business: Adv for plff.Mr.Patil present
    Matter is Adjd for N/M 4404/18 Hearing on 29/01/2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Business: Adv for plff.Mr.Patil present
    Heard argument of Adv for plff on N/M 4404/18
    No one argued for defendant on N/M 4404/18
    Matter is Adjd for N/M 4404/18 Order on 05/02/2019
    Next Purpose: ORDER
    Next Hearing Date: 05-02-2019
    
    Date: 29-01-2019
    Business: Adv for plff.Mr.Patil present
    Heard argument of Adv for plff on N/M 4404/18
    No one argued for defendant on N/M 4404/18
    Matter is Adjd for N/M 4404/18 Order on 05/02/2019
    Next Purpose: ORDER
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Adv for plff.Mr.Patil present
    Adv for plff. Stated that Adv for deft has fail to argue on N/M today also
    Matter is Adjd for N/M 4404/18 Order on 13/02/2019
    Next Purpose: ORDER
    Next Hearing Date: 13-02-2019
    
    Date: 05-02-2019
    Business: Adv for plff.Mr.Patil present
    Adv for plff. Stated that Adv for deft has fail to argue on N/M today also
    Matter is Adjd for N/M 4404/18 Order on 13/02/2019
    Next Purpose: ORDER
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Deft absent
    Deft fail to argue on N/M 4404/18
    N/M 1404/18 is kept for dismissal order on next date
    Matter is Adjd for Dismissal Order on 16/03/2019
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2019
    
    Date: 13-02-2019
    Business: Deft absent
    Deft fail to argue on N/M 4404/18
    N/M 1404/18 is kept for dismissal order on next date
    Matter is Adjd for Dismissal Order on 16/03/2019
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Adv for plff.Mr. Patil present
    Matter is Adjd for Dismissal Order on 23/04/2019
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-04-2019
    
    Date: 16-03-2019
    Business: Adv for plff.Mr. Patil present
    Matter is Adjd for Dismissal Order on 23/04/2019
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Matter transferred from Cr. no.09.
    Both parties and their counsel absent.
    Adj. for DID order alongwith NM 4404/18 on 20/07/2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-07-2019
    
    Date: 20-07-2019
    Business: None present.
    Adv.Balbheem Patil for plaintiff present.
    Adv.for defendant absent.
    Matter adjd to 26.08.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv.Balbheem Patil for plaintiff present.
    Defendant and his advocate absent.
    Matter adj for order on N/M No.4404/18 on 31/08/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: Matter called out(pm)
    Adv. for plaintiff present.
    Defendant and his advocate absent.
    Matter adj for hearing on N/M on 15/10/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: None present.
    Matter adj for NM hearing to 19.12.2019.
    L.O.at 1.25pm
    Adv.Patil for plaintiff present, he tendered NM with affidavit. Leave to register is granted. Copy is served to other side.
    Adv.Mahashabde for defendant present.
    Matter adj for reply to 19.12.2019.
    Next Purpose: REPLY
    Next Hearing Date: 19-12-2019
    
    Date: 15-10-2019
    Business: None present.
    Matter adj for NM hearing to 19.12.2019.
    L.O.at 1.25pm
    Adv.Patil for plaintiff present, he tendered NM with affidavit. Leave to register is granted. Copy is served to other side.
    Adv.Mahashabde for defendant present.
    Matter adj for reply to 19.12.2019.
    Next Purpose: REPLY
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv.  Patil for Plaintiff present.
    Adv. for defendant absent.
    FRSR following order is passed.
    Order
    1. The Notice of Motion No. 4404/2018 is hereby dismissed with costs.
    2. The Notice of Motion No. 4404/2018 is disposed of accordingly.
    Matter adjourned for N/M Hearing to 17/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. B.S. Patil for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed tendered original N/M No. 4069/19 @ service report. t.o.r.
    Matter is adjd to 02.03.2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Balbheem Patil for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Already filed list of document. Exh-7
    Original dishonored demand promissory note dated 20.04.2017 at Sr.No.1 marked as Exh-8
    Form No. 10 at Sr.No.2 marked as Exh-9
    Office copy of demand notice dated 20.02.2018 at Sr.No.3 marked as Exh-10
    Money Lending License of the plaintiff pertaining to loan period at Sr.No.4 marked as Exh-11
    Cash Book at Sr.No.5 marked as Exh-12
    Ledger Book at Sr.No.6 marked as Exh-13
    Argument heard.
    FRSR pronounced and following order is passed.
    ORDER
    1. The Notice of Motion No.4069 of 2019 is dismissed.
    2. The Notice of Motion No. 4069 of 2019 is disposed off.
    Matter is adjd to 18.03.2020 for Ex-parte judgment.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    
    Date: 18-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 16.04.2020 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Due to Covid-20 pandemic none appeared.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Court is on Leave.
    Matter is adjd to 01.02.2021 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. B. S. Patil for plff. Present.
    Argument heard.
    Matter is adjd to 03.02.2021 for Ex-parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Balbheem Patil for the plff. Present.
    Judgment Exh- 14
    For the reasons separately recorded, the following order is passed
                                           ORDER
    1. The defendant shall pay Rs.10,92,500/-(Rupees Ten Lakhs Ninety Two Thousand Five Hundred Only)  to the plaintiff with interest on principal amount of Rs.9,50,000/- at the rate of 18 percent per annum from the date of filing of the suit till its realization.
    2.  Defendant do pay costs of the suit to the plaintiff.
    3.  Decree be drawn accordingly.
    4. Court fee, if any, be refunded as per rule.
    Nature Of Disposal: DECREED
    Disposal Date: 03-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103721/2018
    Filing Date: 08-03-2018
    First Hearing Date: 11th June 2018
    Decision Date: 03rd February 2021
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    03 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010033102018 Presented On :-08.03.2018 Registered On :-19.03.2018 Delivered On :- 03.02.2021 Duration :-Y-02/M-010/D-27 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO.365 OF 2018 Exhibit-14 Mr. Ashok Saibu Gadge of Mumbai an adult Indian inhabitant aged 36 years, occupation carrying on money lending business in his name at Room No.2, National Chawl, Gaurishankar Nagar, Masrani Lane, Kurla West Mumbai-400070 ….Plaintiff V/s Mrs. Rosamma Joseph of Badlapur east an adult, Indian Inhabitant,…

    Read Full Order
    Order 1Full order available
    03 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010033102018 Presented On :-08.03.2018 Registered On :-19.03.2018 Delivered On :- 03.02.2021 Duration :-Y-02/M-010/D-27 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO.365 OF 2018 Exhibit-14 Mr. Ashok Saibu Gadge of Mumbai an adult Indian inhabitant aged 36 years, occupation carrying on money lending business in his name at Room No.2, National Chawl, Gaurishankar Nagar, Masrani Lane, Kurla West Mumbai-400070 ….Plaintiff V/s Mrs. Rosamma Joseph of Badlapur east an adult, Indian Inhabitant,…

    Read Full Order

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