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SUMMARY CIVIL SUIT - SUMMARY SUIT

Kiran Ambalal PatelVsM/s. Richa Realtors +2 more

CNR MHCC01003323201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 24th September 2024

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100498/2018
Registration Date
17 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    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.
    Next Purpose: REPORT
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Plaintiff present.
    Adv. for Plaintiff absent.
    None for defendant,
    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 service.
    Next Purpose: REPORT
    Next Hearing Date: 20-12-2018
    
    Date: 20-12-2018
    Business: Adv.  Prasad Aapte for plaintiff present.
    Adv Veera for defendant present.
    The adv for defendant has filed the reply to the summon for judgment.
    Matter is adj for rejoinder on 01/03/2019.
    Next Purpose: REJOINDER
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Adv. Manish Jagani for Plaintiff present.
    Adv. Prasad Aapte for Defendant
    Advocate for plaintiff has filed original S/J no.350/18 alongwith affidavit, TOR.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 03/04/2019 for Rejoinder to the S/J reply.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv Mr.Damle for Adv of Deft present
    Matter is Adjd for S/J 350/18 Hearing to 14/08/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: P.O is on training. Adjd to 16/9/19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Business: P.O. Is on leave. Adjd to 21/11/19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Savla for plff. present.
    Adv. Damale for deft present.
    Adjournment filed by adv. for plff present. t.o.r.
    Allowed.
    Adjd. to 12.12.2019 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. K. M. Savla present for the plff.
    Adv. Damle present for the Deft
    Ld counsel for the plff filed rejoinder to SJ 350/18. t.o.r.
    Adj. For Hearing on 14/02/2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: Adv. Savla for plaintiff
    Adv. Damle for defendant filed adjournment application. Heard. Adjd in the interest of justice.
    Adjd for SJ Hearing to 09-04-2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: None for plaintiff.
    Adv. Kiran Chandorkar for defts.
    Adjd to 09-06-2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv Manish Jogani present for the plaintiff.
    Adv Anjali Shahi I.b Adv Prasad Apte present for the
    defendant.
    Matter is adjourned to 18.11.2021 as a last chance at the
    request of Ld advocate for the defendant.
    Matter is adjd to 18.11.2021 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv. for pltff present.
    Adv. Mohan Kukyan h/f Adv. Prasad Apte for deft present and request for date.
    Matter is adjd to 04/01/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: None present.
    Adv.  Damble for the defendant present and filed adjournment application. O- Lastly granted.
    Matter is adjd. to 21/02/2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None for plaintiff.
    Advocate Mohal Kukyan for defendant present.
    Adjd for necessary order on SJ Order.
    Matter is adjd. to  24-03-2022  for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: P.O. is on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Both parties and their adv. absent.
    Adjd to 21/07/2022 for hearing on S.J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: COURT IS VACANT
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: As court is vacant,
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. M. M Savia  I/b. Adv. Jagani for plaintiff present.
    Adv. Prasad Apte for defendant present.
    KB
    L.O. at 4.00 p.m.
    Adv. Mannish Jagni for plaintiff present.
    Adv. for defendant present.
    Heard arguments on SJ both side.
    Both the parties have tendered list of ciatations.
    Matter stands adjourned to 14/07/2023 for further Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: Adv.K.M. Sawant present for plaintiff.
    Adv. Apte present for defendant.
    KB.
    L.O. at 4.45 PM.
    F.R.S.R. Following Order is passed-
    ORDER
    1.Summons for judgment No.350/2018 in Summary Civil Suit No.498/2018, is hereby disposed of in following terms
    2.Leave to defend is granted to the defendants subject to depositing in Court, the arrears of interest at the rate of 12 percent  per annum, as agreed on the loan amount of Rs.63,00,000/- (Rupees Sixty-Three Lakhs only), from the date of default i.e 31/12/2015, till 30/06/2023, within 30 days from the date of this order.
    3.The defendants are directed to continue to deposit in Court, monthly interest on the loan amount of Rs.63,00,000/- (Rupees Sixty-Three Lakhs only) as agreed, on or before the 5th day of every month.
    4.On deposit of interest in the Court, the plaintiff is entitled to withdraw the same forthwith.
    5.After deposit of arrears of interest in the Court within 30 days, the defendants are entitled to file written statement within stipulated period.
    6.In case of consecutive default of three months in payment of future interest, the right of defence of defendants shall stand struck off.
    7.Summons for judgment is disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Matter stands adjourned for compliance on 18-08-2023 at 2.45 PM.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None present.
    Matter stands adjourned for compliance on 25-10-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: Adv. K.M. Savla i/b Manish P. Jagani for plaintiff, tendered non-deposit certificate along with list of documents TOR marked as Exh.5 and Exh.6.
    None present for defendant.
    Matter stands adjourned for compliance on 20-12-2023 at  2.45 pm.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-12-2023
    
    Date: 20-12-2023
    Business: None present.
    Matter stands adjourned for compliance on 11-03-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2024
    
    Date: 06-04-2024
    Business: Adv.Manish Jagani present for plaintiff, tendered additional affidavit TOR marked as Exh.7.
    None present for defendant.
    Matter stands adjourned for exhibiting of documents on 19-07-2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: None present.
    Matter stands adjourned for admission denial on 24-09-2024.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 24-09-2024
    
    Date: 24-09-2024
    Business: Adv. Manish Jagani for plaintiff present.
    None for defendant.
    Heard.
    Ex-parte Judgment Exh.08.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Suit No.498 of 2018, is hereby partly decreed with costs.
    2.Plaintiff do recover an amount of Rs.63,00,000/- from the defendants alongwith interest at the rate of 9 percent per annum from the date of default i.e. 01/01/2016, till the recovery of entire amount.
    3.Court fees, if any, be refunded as per rule.
    4.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 24-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103698/2018
    Filing Date: 08-03-2018
    First Hearing Date: 09th July 2018
    Decision Date: 24th September 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    24 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Suit No.498/2018 MHCC010033232018 Presented on : 08/03/2018 Registered on : 17/04/2018 Decided on : 24/09/2024 Duration : 06Y 06M 18D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT-08 SUMMARY SUIT NO.498 OF 2018 (CNR – MHCC01-003323-2018) Kiran Ambalal Patel, residing at 501/502, Anmol Apart., 5th floor, 89 Sakharam Kher Marg, Mahim, Mumbai – 400 016. ] ] ] ..Plaintiff V/s. 1. 2. 3. M/s. Richa Realtors, a Partnership Firm…

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    Order 1Full order available
    24 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Suit No.498/2018 MHCC010033232018 Presented on : 08/03/2018 Registered on : 17/04/2018 Decided on : 24/09/2024 Duration : 06Y 06M 18D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT-08 SUMMARY SUIT NO.498 OF 2018 (CNR – MHCC01-003323-2018) Kiran Ambalal Patel, residing at 501/502, Anmol Apart., 5th floor, 89 Sakharam Kher Marg, Mahim, Mumbai – 400 016. ] ] ] ..Plaintiff V/s. 1. 2. 3. M/s. Richa Realtors, a Partnership Firm…

    Read Full Order

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