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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Nenmal Babulalji NagarVsThermal Instrument India Pvt Ltd And Ors

CNR MHCC01003532201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 19th July 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100120/2019
Registration Date
29 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 25-04-2019
Business: Matter is adjd for Service to 07.07.19
Next Purpose: SERVICE
Next Hearing Date: 07-07-2019

Date: 07-07-2019
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 08-07-2019

Date: 08-07-2019
Business: Adv. Pradip for plaintiff present.
KB
LO
Adv. Bhagyalaxmi for plaintiff present.
Registered SJ 120/19 alongwith affidavit tendered by Ld adv. for plaintiff
Exh. 1 - Plaint
Exh.2 - V/p
Exh.3- List of document
Exh.4- Memorandum  of address.
Exh. 5- Affidavit of service of SJ filed by adv. for plaintiff. t.o.r.
Ld adv. for plaintiff has submitted that she has not received any copy of Notice of motion filed by defendant. Directions are given to the defendant to serve copy of Notice of motion to plaintiff.
Adjd. for NM reply to 21.08.2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv.Bhagyalaxmi for plaintiff present.
None for deft.
Deft is directed to file register copy of NM and served the copy of NM to plaintiff on or before next date, failing which the matter will be proceeded as per provisions of law. Adjd. for compliance to 21.10.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: Holiday declared on account of election.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Business: Adv. Bhagyalaxmi for plff present.
Adv. Pathak for deft. no.1 present.
The deft had filed notice of motion on 24.04.2019. Leave was already granted to register the motion and serve the copy of notice on the plaintiff. Thereafter, three dates passed, however, the defendant did not take steps to register the notice and serve the same on the plaintiff. Thus, the defendant is merely prolonging the matter. Resultantly, the notice is dismissed in default for want of steps to register the same and to serve the copy on the plaintiff. The notice of motion be registered for statistical purpose.
Adjd. to 06.01.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Adv. Jagtap for plaintiff present.
Adv. Tiwari for defendant.
Adjd for evidence to 25.02.2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Plaintiff present.
Adv. Bhagyalaxmi for plaintiff
The suit has been now registered as commercial suit, Hence issue fresh summons to the defendants for filing of Written statement.
Adjd for service to 11-03-2020
Next Purpose: SERVICE
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Adv. Bhagyalaxmi Racha for plaintiff.
Time is extended for service.
Adjd for service to 18-04-2020
Next Purpose: SERVICE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Wrongly on board.None present for plaintiff.
None present for defendant.
As commercial SU No.151/2020 already kept on 21.01.2021, hence SJ 120/19 adjd to 21.01.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
None for defendant.
Adv. Bhagyalaxmi Racha for plaintiff present.
Matter adjd to 28-01-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Adv.Bhagyalaxmi Racha for plaintiff present.
None present for defendant.
Adv. of plaintiff orally requested time to take steps. Time granted.
Matter adjd to 09.02.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: Reverted back to original court on 22.03.2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Matter taken on board by Court.
        In view of notesheet, Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit was reverted back to the original Court. Therefore, the suit was removed from the list of Commercial Court matters of this Court. The matter was to be placed before the Board Department for further steps and allotment.
Now the office through Addl. Registrar (Ms.S.S. Dhakane) communicated to comply the circular dated 05.02.2021 and treat the suit instituted on or after 03.05.2018 to be commercial suit.
None present for both the sides.
Matter adjd to 07.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv.Pushpa Thapa for plaintiff present.
None present for defendant.
Matter adjd to 29.04.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2021

Date: 07-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 24.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 3.7.2021 for steps.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 02.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Mr.Jagtap h/f Adv. Bhagyalaxmi Racha for plaintiff present.
None present for. defendant.
Matter adjd to 10.08.2021 for taking steps for service of notice of S/J.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: PO is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.59 pm
Adv.Bhagyalaxmi Racha for plaintiffs present.
       The plaintiff submits that SJ is for hearing. Plaintiff to take about service affidavit.
Matter adjd to 18.09.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv.Bhagyalaxmi Racha for plaintiff present.
None present for defendant.
Matter adjd to 01.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.17 pm
Adv.Bhagyalaxmi Racha for plaintiff present.
KB
LO at 01.43 pm
Adv.Bhagyalaxmi Racha for plaintiff present and orally requested time for SJ hearing.
Matter adjd to 22.10.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.59 pm,
Adv.Rupali Tike i/b.Adv.Bhagyalaxmi Racha for plaintiff present.
The plaintiff tendered for adjournment application, Exh.5 for hearing of SJ t.o.r.
O-Defendant is absent. Keep on next date for hearing on SJ.
Matter adjd to 18.11.2021 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv.Bhagyalaxmi Racha for plaintiff present.
None present for defendant.
KB
LO at 01.06 pm,
Adv.Bhagyalaxmi Racha for plaintiff present. She submits that suit is on the stage of evidence. Read the roznama dated 14.03.2019. suit is proceeded ex-parte against defendant No.3 and 4 and it is dismissed against defendant No.2. It appears that suit is proceeded against defendant No.1.
Matter adjd to 30.11.2021 for hearing of SJ against deft.No.1.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Reason For Adjournment: court time is over
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-07-2022

Date: 02-07-2022
Business: None present.
KB.
Adv. Bhagyalami Racha Present for Plff.
None Present for Deft.
Adv of plff submitted that SJ 120/19 be decided along with plaint.
Reply of deft no.1 to SJ 120/19 not taken on record as he failed to registered draft NM as per order dt.23/11/2019.
Ex.11- adv of plff has filed evidence closure pursis.
Adj. For Argument on 19/07/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Bhagyalaxmi Racha Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant Nos. 1, 3 & 4 jointly and severally shall pay to plaintiff the amount of Rs.2,11,264/-with interest @ 18% p.a. from the date of suit till realization of entire amount.
3. Defendant Nos.1, 3 & 4 jointly and severally shall pay pre-suit interest of Rs.1,63,458/-calculated @ 18% p.a.  from 09.07.2014 to 26.10.2018.
4. Decree be drawn up accordingly.
In view of above Judgment the SJ 120/19 is disposed of.
Nature Of Disposal: OTHER
Disposal Date: 19-07-2022

Additional Case Details

Additional Case Details
Filing Number: 103753/2019
Filing Date: 29-03-2019
First Hearing Date: 25th April 2019
Decision Date: 19th July 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
19 Jul 2022
Order Details: Other
Pdf Text: 19.07.2022
03
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
109/21
Adv. Bhagyalaxmi Racha Present for Plff.
None Present for Deft.
Heard argument of adv of plff.
F.R.S.R. following order passed.
1. Suit is decreed with costs.
2. The defendant Nos. 1, 3 & 4 jointly and severally shall pay to
plaintiff the amount of Rs.2,11,264/with interest @ 18% p.a. from
the date of suit till realization of entire amount.
3. Defendant Nos.1, 3 & 4 jointly and severally shall pay presuit
interest of Rs.1,63,458/calculated @ 18% p.a. from 09.07.2014 to
26.10.2018.
4. Decree be drawn up accordingly.
In view of above Judgment the SJ 120/19 is disposed of.
Judge
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