Order Details: Ex-parte Judgement Pdf Text: Presented on 08/03/2018 Registered on 18/04/2018 Decided on 17/01/2025 Duration 06Y: 10M:09 D Exhibit 18 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 510 OF 2018 (CNR NO. MHCC01-003313-2018) Mr. Jitendra Kantilal Shah Age : 69, Occupation: Professional Service ] Residing at G/34 Tarabaug Estate ] Raja Rammohan Roy Marg, Charni Road ] Mumbai-400 004. ]...Plaintiff Versus 1. M/s. Chandrabhaga Co-oprative Milk ] And Milk Products Processors Sangh Ltd. ] Add:…
SUMMARY CIVIL SUIT - SUMMARY SUIT
Mr. Jitendra Kantilal ShahVsM/s. Chandrabhaga Co Operative Milk and Milk Products Processors Sangh Ltd. +4 more
CNR MHCC01003313201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 17th January 2025
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100510/2018
- Registration Date
- 18 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
6Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order37 · Rule2
Case History / Proceedings
Case History
Date: 10-07-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 11/10/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 11-10-2018
Date: 11-10-2018
Business: None for Plaintiff.
None for Defendant.
Matter is adjd. to 20/12/2018 for Service.
Next Purpose: SERVICE
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Business: The P.O. is on Leave
Matter is Adjd for service on 9/01/2019
Next Purpose: SERVICE
Next Hearing Date: 09-01-2019
Date: 09-01-2019
Business: None present
Matter is Adjd for Service on 26/02/2019
Next Purpose: SERVICE
Next Hearing Date: 26-02-2019
Date: 26-02-2019
Business: None present
Matter is Adjd for Affidavit of Service on 23/04/2019
L.O.
Adv for plff. Mr.Sanjay Singh present
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-04-2019
Date: 23-04-2019
Business: Matter transferred from Cr. no.09.
Adv. S. A. Singh Present for the Plff.
Awaiting service report.
Adj. for Service affidavit on 19/07/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2019
Date: 19-07-2019
Business: None present.
Adv.for plaintiff absent
Adv.for defendant absent
Matter adjd to 03.08.2019 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: None present.
Matter adjd for Affidavit of service to 18.09.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2019
Date: 18-09-2019
Business: P.O. is on leave. BOard is discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: Plaintiff and his Adv. Sanjay Singh present.
He filed affidavit of service. Deft no.1 and 2 have refused the service. Therefore deemed on def. no.1 and 2. The RPAID on Defendant 3 to 5 bear endorsement Left.
Adv. for defendant absent.
Matter adj for Steps against deft. no. 3 to 5 to 26/02/2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-02-2020
Date: 26-02-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 09.04.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Business: Due to Covid -19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020
Date: 01-06-2020
Business: Due to Covid-19 lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Due to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2020
Date: 18-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Business: Due to Covid-19 Pandemic none appeared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Both the parties and his advocate are absent.
Matter is adjd to 31.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 20.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-07-2021
Date: 20-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 30.09.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2021
Date: 30-09-2021
Business: Court is vacant
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: Both parties are absent.
Matter is adjd to 19.01.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present.
Matter is adjd for steps to 02.03.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2022
Date: 02-03-2022
Business: P.O. is on training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None for Plaintiff.
Record reveals Writ of Summons is not duly served on the Defendants. No proper steps are taken by the Plaintiff to complete the service. Hence Plaintiff to take proper steps at earlierst. Hence, matter would be dismissed against unserved Defendants.
Matter adj. to 25/07/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Plaintiff present. His advocate absent.
Plaintiff seeks time to take steps as a last chance. Time granted.
Matter adjourned to 14/09/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-09-2022
Date: 14-09-2022
Business: Plaintiff present.
Adv. Sanjay Singh for plaintiff present and tendered draft chamber summons along with affidavit in support for substituted service.
Order
As the defendant nos.3, 4 and 5 could not be served by regular mode, permission granted to serve them as per Rule 20 Order V of CPC by paper publication. Plaintiff to publish the writ of summons in one English daily newspaper and another in Marathi daily newspaper having circulation at the address of the defendants. Hence, the draft chamber summons is allowed in terms of prayer clause (a).
Plaintiff to register the draft chamber summons for statistical purpose.
None for defendants.
Matter adjd. to 09.12.2022 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2022
Date: 09-12-2022
Business: Adv.Sanjay Singh for plaintiff present.
Affidavit of service reveals that service of writ of summons (Exh-2) by paper publication is complete on 07/11/2022. However defendant failed to appear. Hence, suit to proceed ex-parte.
Matter is adj to 06/02/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: As Court is busy in dictating judgment in Suit No.4910 of 2010, Summary Civil Suit No.462/14 and Summary Civil Suit No.962/2015 remaining first session board is discharged.
Parties are at liberty to tender affidavit in chief, reply, applications, etc. if any.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Plaintiff present and his advocate absent.
None for defendant (Ex-parte)
Plaintiff seeks time to adduce ex-parte evidence. Time granted.
Matter is adj to 02/05/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
As court is busy in order SJ No.173/17 in SUM No.101/14 and in SJ No.23/2020 in Sum No. 1082 of 2027, remaining first session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Adv.Sanjay Singh for plaintiff present.
None for defendant (Ex-parte)
Matter is adj to 13/07/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff is absent.
Adv. Kotesh Reddy for plaintiff is present and prayed for adjournment. Adjournment is granted.
Matter is adj to 13.10.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his advocate are absent.
The plaintiff failed to lead evidence.
Matter is adj to 04.11.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: Adv. Sanjay Singh is present for plaintiff.
KB Later on at 03.20 p.m.
Adv. for plaintiff filed application for removal of caption for \''Dismissal\''. It is marked as Exh.3. O.-Allowed.
Adv. for plaintiff filed claim affidavit. It is marked as Exh.4
Adv. for plaintiff filed list of documents. It is marked as Exh.5
Adv. for plaintiff filed evidence closing pursis. It is marked as Exh.6
Matter is adj to 23-01-2024 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 12.39 pm
The plaintiff and his advocate are absent.
Documents at Sr. No. 1, 3, 5, 6 and 8 are the original documents. Documents at Sr. No.7, 9 and 10 are office copies. Document at Sr. No.2 is the photocopy, Document at Sr. No.4 is extract of bank statement not supported by certificate u/s 2a (A) of Banker\''s book of Evidence Act. Therefore, said documents cannot be exhibited. Other documents are exhibited.
Exh-7 Memorandum of understanding-cum-Deed of Mortgage dated 01.02.2016.
Exh-8 Confirmation from Bank of Baroda dated 15.11.2017.
Exh-9 Certificate from Bank of Baroda dated 25.04.2023.
Exh-10 Extract of 7/12.
Exh-11 Office copy of demand notice dated 27.06.2017 along with original postal receipts.
Exh-12(colly) Three returned envelope along with Postal A.D. card.
Exh-13 Office copy of demand notice dated 19.07.2017 along with original postal receipt.
Exh-14(colly) Returned envelope along with Postal A.D. card.
Exh-15 Office copy of demand notice dated 26.07.2017 along with two original postal receipts.
Exh-16(colly) One returned envelope along with Postal A.D. card.
Matter is adj to 20.02.2024 for further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Adv. Sanjay Singh for plaintiff is present and requested for adjournment to file further evidence. The matter is very old. The plaintiff is given last chance to file further evidence.
Matter is adj to 28.03.2024 for filing further evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: P.O. IS ON LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff was given last chance to file further evidence. The plaintiff failed to file further evidence. Hence, his evidence is treated as closed.
Matter is adj to 15.07.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-07-2024
Date: 15-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present and requested for adjournment as his advocate sick. Adjournment is granted as a last chance.
Matter is adj to 21.08.2024 for ex-parte arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-08-2024
Date: 21-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Keep back.
Later on at 12.44 pm
The plaintiff in person is present.
Adv. Sanjay Singh along with Adv. Rajesh Jain for plaintiff is present and filed written notes of arguments. Taken on record. It is marked as Exh- 17 .
Heard ex-parte argument of counsel for plaintiff. Matter is adj to 05.09.2024 for further argument/ex-parte judgment.
Next Purpose: ARGUMENTS
Next Hearing Date: 05-09-2024
Date: 05-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present.
Keep back.
Later on at 12.08 pm
The plaintiff in person is present.
The defendant and his counsel are absent.
Court is busy in recording evidence in Suit No. 3979/08 and Suit No.818/15 and hearing final argument in Suit No.9054/92.
Matter is adj to 12.09.2024 for Further argument/judgment.
Later on at 1.38
Adv. Rajesh Jain for plaintiff is present.
Matter is adj to 12.09.2024 for further argument/judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-09-2024
Date: 12-09-2024
Business: Court is on leave.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-10-2024
Date: 07-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff in person is present and his advocate is absent.
Keep back.
Later on at 12.54 pm
Adv. Sanjay A. Singh for plaintiff is present.
Ex-parte order is Partly dictated.
Matter is adj to 08.10.2024 for Ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-10-2024
Date: 08-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The matter is fixed for ex-parte judgment. It is partly dictated. However, on perusing documents filed by plaintiff vide list Exh.5, it appears that he has filed bank statement at Sr. No.4. On perusing said statement, it appears that an amount of loan has been repaid vide entry dated 2/8/2019. Hence, plaintiff to clarify on the said aspect.
Matter is adjd to 18.10.2024 for clarification.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-10-2024
Date: 18-10-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sanjay A. Singh for plaintiff is present.
Keep back.
Later on at 3.00 pm
Adv. Sanjay A. Singh for plaintiff is present.
Heard counsel for plaintiff on clarification.
Hence, Matter is adj to 05.11.2024 for ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-11-2024
Date: 05-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-11-2024
Date: 18-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rajesh Jain h/f Adv. Sanjay Singh for plaintiff is present.
The defendant and his counsel are absent.
Court is busy in hearing on admission and denial and marking of documents in Suit No. 486/23, 935/22 and Suit No.7542/05 and dictating ex-parte judgment in Sum. Suit No.299/22 and 302/22.
Matter is adj to 28.11.2024 for further argument/ex-parte judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sakshi Balguher h/f Adv. Rajesh Jain for plaintiff is present.
Court busy in dictating order in NM No.5568/24, 5569/24 and Ex-parte judgment in Sum. Suit. No.711/14 and recording evidence in Suit No.6868/01.
Matter is adj to 29.11.2024 for order.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 29-11-2024
Date: 29-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Court is busy in dictating order in Suit No.3437/04, 3825/04, 3826/04, 4230/04, 4310/04, 4311/04, 4312/04, 4313/04, 4229/04, 7542/04, 3821/04, 7289/04, 7529/04, 7645/04, 3823/04, 4572/04, 7629/04, 7299/04, 7301/04 and 7312/04.
Matter is adj to 07.12.2024 for order.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 07-12-2024
Date: 07-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
kept back.
Later on
Adv. Rajesh Jain h/f Adv. Sanjay Singh for plaintiff is present.
Court is busy in dictating order in NM No.2844/14 and other urgent matters.
Matter is adj to 11.12.2024 for argument (P. H.)
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 11-12-2024
Date: 11-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Matter is fixed for further argument/judgment. Matter is ex-parte. Plaintiff is directed to satisfy with respect to the calculation of claim amount.
Matter is adj to 19.12.2024 for further argument.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-12-2024
Date: 19-12-2024
Business: Both parties and their advocate are absent. Matter is fixed for further argument/judgment. Matter is ex-parte. Plaintiff is directed to satisfy with respect to the calculation of claim amount. Matter is adj to 23.12.2024 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-12-2024
Date: 23-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 1.59 pm
Adv.Sakshi Balguher h/f Adv. Sanjay Singh for plaintiff is present and requested for adjournment for further argument. Adjournment is granted.
Matter is adj to 04.01.2025 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Sanjay Singh with Adv. Rajesh Jain for plaintiff is present.
Heard counsel for plaintiff on clarification.
Matter is adj to 17.01.2025 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Plaintiff in person is present.
Adv. Rajesh Jain h/f Adv. Sanjay Singh for plaintiff is present.
Judgment is marked as Exh-18.
FRSR following order is passed
Order
1)Summary Suit No. 510 of 2018 is hereby partly decreed with costs.
2)Defendants No. 2 to 5 shall jointly and severally pay an amount of Rs. 70,00,000/- (Rupees Seventy Lahks only) to the plaintiff with simple interest thereon at the rate of 9.25 percent per annum from 01/08/2016 till its full realization.
3)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
4)The decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 17-01-2025Additional Case Details
Additional Case Details
Filing Number: 103722/2018 Filing Date: 08-03-2018 First Hearing Date: 10th July 2018 Decision Date: 17th January 2025 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
2Final Order 1Full order available
17 Jan 2025
Order 1Full order available
17 Jan 2025
Order Details: Ex-parte Judgement Pdf Text: Presented on 08/03/2018 Registered on 18/04/2018 Decided on 17/01/2025 Duration 06Y: 10M:09 D Exhibit 18 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 510 OF 2018 (CNR NO. MHCC01-003313-2018) Mr. Jitendra Kantilal Shah Age : 69, Occupation: Professional Service ] Residing at G/34 Tarabaug Estate ] Raja Rammohan Roy Marg, Charni Road ] Mumbai-400 004. ]...Plaintiff Versus 1. M/s. Chandrabhaga Co-oprative Milk ] And Milk Products Processors Sangh Ltd. ] Add:…
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