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SUMMARY CIVIL SUIT - SUMMARY SUIT

Swati Sahebrao GadgeVsMehul Mohan Beradiya

CNR MHCC01003566202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 12th July 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100907/2021
Registration Date
22 Oct 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 03-01-2022
    Business: None present.
    Matter is adjd. to 04/03/2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: PO is on Leave.
    Next Purpose: REPORT
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv Ramesh Jain for plaintiff present.
    He requested date for filing service.
    Adjd to 5/7/2022.
    Next Purpose: SERVICE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None present for Plaintiff.
    Adjd to 05/08/2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Matter pertains to C.R.No.15
    Adv. Ramesh Jain  for plaintiff present.
    None present for defendant.
    On oral request by adv. for plaintiff, matter be placed before          Lok-adalat.
    Issue notice to defendant.
    Matter adjd for lok-adalat on 13/08/2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: None present.
    		Adjd to 23/09/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: As court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: As court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Matter pertains to C.R.No.15
    Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Exh.01 - Plaint.
    Exh.02 - Vakalatnama of Plaintiff.
    Exh.03 - Memo of Address.
    Exh.04 - List of documents.
    Exh.05 - Service affidavit. O-seen.
    Matter Adjd for ex-parte order on 03/07/2023.
    Next Purpose: ORDER
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv.Ramesh Jain present for plaintiff.
    None present for defendant.
    As per report Exh.5, defendants refused to accept the summons, hence, bailiff has affixed a copy on the outer door of defendants premises as per Order 5 Rule 17 of CPC in his presence, hence, it is proper service, but he failed to appear, hence, proceed Ex-parte.
    Plaintiff’s Advocate tendered claim affidavit TOR marked as Exh.6.
    and list of document TOR marked as Exh.7.
    Document at Sr.No.1 is Promissory Note dated 20th April 2017 being Exhibit “A” to the plaint TOR marked as Exh.8.
    Document at Sr.No.2 is the Plaintiff’s Advocates letter dated 15th February 2020 being Exhibit “B” to the Plaint alongwith the postal records in connection with the transmission and delivery thereof TOR marked as Exh.9.
    Document at Sr. No.3  Article-A – Money Lender License.
    Document at Sr.No.4 Article-B – Forms under Bombay Money Lending Act.
    Document at Sr. No.5 Article-C – Books of Accounts.
    He also tendered evidence closing pursis TOR marked as Exh.10.
    Matter stands adjourned for argument on 12-07-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: Adv.Ramesh Jain present for plaintiff.
    None present for defendant.
    Heard.
    KB
    L.O. at 4.50 PM.
    Judgment Exh.11
    F.R.S.R. Following order is passed-
    ORDER
    1.Summary Civil Suit No.907/2021, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.1,00,000/- (Rupees One Lakh only) alongwith interest at the rate of 9 percent per annum, from the date of default i.e. notice of advocate dated 15/02/2020, till its full realisation from the defendant.
    3.Decree be drawn up accordingly.
    4.Court fees, if any, be refunded as per rule.
    (Judgment pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 12-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103943/2020
    Filing Date: 16-07-2020
    First Hearing Date: 03rd January 2022
    Decision Date: 12th July 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Jul 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.907/2021 MHCC010035662020 Presented on : 16/07/2020 Registered on : 22/10/2021 Decided on : 12/07/2023 Duration : 02Y 11M 28D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.11 SUMMARY CIVIL SUIT NO.907 OF 2021 SWATI SAHEBRAO GADGE, of Mumbai an adult Indian Inhabitant, Having her address at Room No.1, Plot No.198, Tulja Bhawani Society, Shivneri Nagar, Shingre Wadi, Bail Bazar, Kurla (West), Mumbai – 400 070 through her…

    Read Full Order

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