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SUMMARY CIVIL SUIT - SUMMARY SUIT

Pravinkumar Devichand HufVsNeev Realtors +4 more

CNR MHCC01003451202084-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 12th November 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100068/2021
Registration Date
02 Feb 2021

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37

    Case History / Proceedings

    Case History
    Date: 30-03-2021
    Business: Adv. Minal parab for defendant No.1 and 3 filed Draft NM @ affidavit. Leave granted to register. Copy be served to other side.
    Adjd for NM service to 03-05-2021
    Next Purpose: SERVICE
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: None present for both parties.
    Matter is adjd to 10-02-2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to  05-04-2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Advocate Mr. Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd.  for service to 20-06-2022.
    Later on
    Advocate Ms. Minal parab for defendant no. 1 and 2 present.
    She requested for extension of time to register to NM. O-Allowed.
    Next Purpose: SERVICE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: P.O.is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-04-2023
    
    Date: 15-04-2023
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: None present.
    Defendant no. 1 and 2 failed to tender the register NM.
    Put up for NM dismissal.
    Matter stands adjourned for NM dismissal on 07-10-2023.
    L.O. at 1.10 pm.
    Adv. Ramesh Jain present for plaintiff.
    Adv. Meenal parab present for defendant no.1 and 3,
    tendered registered NM 2069/22 TOR.
    Heard.
    KB.
    L.O. at 5.15 pm.
    F.R.S.R. following order is passed-
    ORDER
    1.Notice of Motion No.2069/2022 in Summary Civil Suit No.68/2021, is hereby allowed.
    2.Delay stands condoned.
    3.Defendant Nos.1 and 3 are permitted to appear in the proceeding.
    4.The vakalatnama already tendered by defendant Nos.1 and 3 be exhibited.
    5.Notice of Motion is disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Defendants Advocate tendered VP TOR marked as Exh.2.
    Plaintiff tendered SJ.
    O-Leave granted to register.
    Matter stands adjourned for SJ service on 07-10-2023.
    Next Purpose: SERVICE
    Next Hearing Date: 07-10-2023
    
    Date: 07-10-2023
    Business: Adv.Ramesh Jain present for plaintiff, seeking extension of time to register the Summons for Judgment.  O-One week time granted.
    None present for defendant.
    Matter stands adjourned for draft SJ/service on 18-12-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: Adv.Ramesh Jain present for plaintiff, tendered register SJ No.224/23 TOR.
    None present for defendant.
    Matter stands adjourned for SJ hearing on 08-02-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: CORAM :- H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
    None present.
    Kept back.
    Later on called out at 12.20 p.m.
    Adv. Ramesh Jain for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 20.03.2024 for Summons for Judgment
    hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: None present.
    KB.
    L.O. at 1.05 pm.
    Adv. Madhuri Shirke h/f Ramesh Jain present for plaintiff, tendered affidavit of service TOR.
    None present for defendant.
    Matter stands adjourned for Summons for Judgment hearing
    on 08-05-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: Adv.Madhuri Shirke present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for Summons for Judgment hearing
    on 24-07-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Adv. Ramesh Jain present for plaintiff, tendered affidavit of evidence along with compilation of documents TOR marked as Exh.03 and Exh.04.
    None present for defendant.
    Defendant failed to file reply to Summons for Judgment, hence, proceed further.
    The following documents are exhibited under the list Exh.4.
    The Document at Sr.No.1 is the a confirmation of accounts TOR marked as Exh.5-Colly.1
    The Document at Sr.No. 2  is the plaintiffs advocates letter dated 3/03/2020 alongwith the postal records in connection with the transmission and delivery thereof TOR marked as Exh.6.
    He also tendered evidence closing pursis TOR marked as Exh.7.
    Matter stands adjourned for Summons for Judgment hearing
    on 13-09-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-09-2024
    
    Date: 13-09-2024
    Business: As the presiding officer is on leave, hence, matter is adjourned to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-11-2024
    
    Date: 04-11-2024
    Business: None present.
    Kept back.
    Later on at 11.50 am.
    Adv. Ramesh Jain present for plaintiff.
    None present for defendant.
    Matter stands adjourned for Summons for Judgment hearing
    on 12-11-2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: Adv. Ramesh Jain present for plaintiff, tendered pursis TOR marked as Exh.08.
    None present for defendant.
    As per the Exh.08, the plaintiff has withdrawn the suit against the defendant No.4 and 5, hence, Summary Suit No.68/2021 stands disposed off as withdraw against the defendant No.4 and 5. Hence, plaintiff to proceed rest of the defendant.
    Heard.
    F.R.S.R. following order is passed-
    ORDER
    1.Summons for Judgment No.224 of 2023 in Summary Suit No.68 of 2021, is hereby allowed.
    2.Summary Suit No.68 of 2021, stands partly decreed with costs.
    3.Plaintiff is entitled to recover an amount of Rs.10,00,000/- alongwith interest at the rate of 9 percent per annum from 03/03/2020, till its full realisation from defendant Nos.1 to 3, jointly and severally.
    4.Summary Suit No.68 of 2021 stands disposed of as withdrawn against defendant Nos.4 and 5.
    5.Court fees, if any, be refunded as per rule.
    6.Decree be drawn up accordingly.
               (Order dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 12-11-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103819/2020
    Filing Date: 18-06-2020
    First Hearing Date: 30th March 2021
    Decision Date: 12th November 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Nov 2024

    Order Details: Other Pdf Text: ..1.. Summary for Judgment No.224/2023 MHCC010104752023 Presented on : 07/10/2023 Registered on : 07/10/2023 Decided on : 12/11/2024 Duration : 01Y 01M 05D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.224 OF 2023 (CNR NO.MHCC01-010475-2023) IN SUMMARY SUIT NO.68 OF 2021 PRAVINKUMAR DEVICHAND HUF Through its Karta and Manager Pravinkumar Devichand Jain, of Mumbai, an adult Indian having address at 294/A, Govindwadi, 2nd floor, Kalbadevi Road, Mumbai-400 002. ]…

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