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SUMMARY CIVIL SUIT - SUMMARY SUIT

AMBALAL RIKHABCHANDJI JAINVsAnanta Sadanand Patil

CNR MHCC01003349202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100697/2021
Registration Date
09 Dec 2020
Next Hearing Date
30 Sept 2026
Case Stage
ADMISSION DENIAL

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 15-02-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Today matter is for service affidavit.
    He seeks time to file service affidavit. Time granted till next date.
    Matter adjd for service affidavit to 16-06-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Court is on Leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 10.08.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: None present.
              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/-. It 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 28.08.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    KB L.O. at 3.33 pm
    Ex.02   Ld Adv for plaintiff filed application for issuance of fresh writ of summons t.o.r. o- Issue fresh writ of summons as per rule.
    Matter adjd for affidavit of service to 22-11-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Matter Adjd for affidavit of service on 25/01/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-03-2022
    
    Date: 15-03-2022
    Business: None present.
    Matter Adjd for service affidavit on 13/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: None present.
    Matter Adjd for service affidavit on 12/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit on 14/10/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit on 23.01.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    On the oral request by Ld. Adv. for plaintiff, issue fresh writ of summons to defendant.
    Matter Adjd for service affidavit on 23/03/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: None present.
    Matter Adjd for service affidavit on 20/06/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: P.O. is on Training.
    Hence, Matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: P.O. is on Leave.
    Hence, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-12-2023
    
    Date: 22-12-2023
    Business: P. O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: Court is Vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: P.O. is on Trainning
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: None present.
    Matter is adjourned to 11.10.2024 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-10-2024
    
    Date: 11-10-2024
    Business: Adv. Ramesh Jain for plaintiff present and filed an application for issuance of fresh writ of summons. Order - Allowed.
    Matter is adjourned to 08.01.2025 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-01-2025
    
    Date: 08-01-2025
    Business: P.O is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: Adv. Madhuri Shirke for plaintiff present and filed an application for issuance of fresh writ of summons. Order - Issue fresh writ of summons.
    Matter is adjourned to 23.06.2025 for Affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: Court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: Adv. Ramesh Jain for plaintiff present and filed affidavit of service taken on record and marked as Exh.03  Order - The service affidavit reveals defendant is duly served as his signature appears on the bailiff report. He failed to appear hence to proceed Ex-parte.
    Matter is adjourned to 13.11.2025 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-11-2025
    
    Date: 13-11-2025
    Business: Adv. Madhuri Shirke for plaintiff present.
    Matter is adjourned to 13.01.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-01-2026
    
    Date: 13-01-2026
    Business: Adv. Ramesh Jain for plaintiff present.
    Matter is adjourned to 26.03.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-03-2026
    
    Date: 26-03-2026
    Business: Adv. Madhuri Shirke for plaintiff present and prayed for time to file evidence affidavit. Order - Time granted.
    Matter is adjourned to 05.05.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-05-2026
    
    Date: 05-05-2026
    Business: Suit is Ex-parte.
    Plaintiff present.
    Adv. Ramesh Jain for plaintiff present and filed evidence affidavit and list of document taken on record and marked as Exh.04  and Exh.05  Order - Evidence affidavit read and recorded and production allowed.
    Matter is adjourned to 16.07.2026 for Hearing on documents.
    Next Purpose: HEARING
    Next Hearing Date: 16-07-2026
    
    Date: 16-07-2026
    Business: None for plaintiff.
    Plaintiff filed evidence affidavit and compilation of documents but yet oath is not administered to the witness. Hence, plaintiff to keep the witness present on next date without fail.
    Matter is adjourned to 17.08.2026 for Further examination-in-chief and marking of documents.
    Next Purpose: HEARING
    Next Hearing Date: 17-08-2026
    
    Date: 17-08-2026
    Business: Suit is Ex-parte.
    Adv. Madhuri Shirke for plaintiff is present.
    Plaintiffs witness shall remain present on next date without fail.
    Matter is adjourned to 30-09-2026 for further examination in chief and marking of documents
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 30-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103649/2020
    Filing Date: 18-03-2020
    First Hearing Date: 15th February 2021
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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