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SUMMARY CIVIL SUIT - SUMMARY SUIT

Swati Sahebrao GadgeVsMahendra Babu Aashkka

CNR MHCC01003567202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 25th October 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100899/2021
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: Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd for report to 29.01.2022
    Next Purpose: REPORT
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: None present.
    Matter is adjd for  report on 08-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: P.O. is on training.
    Next Purpose: REPORT
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: As PO is busy in hearing Arguments and dictating Judgment in SU 7007/05.  Hence, board is discharged.
    Matter adjourned to 29/09/2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv. Ramesh Jain for Plaintiff present.
    Mr. Jain for plaintiff submits that service is not complete.  He will take proper steps to serve the defendant.
    Matter adjd. to 06.12.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv.Ramesh Jain for plaintiff present.   He seeks time for taking proper steps. Time granted.
    Matter is adj to 10/02/2023 for taking steps.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: None for plaintiff.
    No affidavit of service is filed.
    No steps are taken.
    Matter is adj to 02/05/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Plaint.(Exh-1)
    Vakalatnama. (Exh-2)
    List of documents.(Exh-3)
    Memorandum of address of plaintiff. (Exh-4)
    Adv.Ramesh Jain for plaintiff present.  He filed affidavit of service        (Exh-5).  O-Filed.
    From the affidavit it transpires that defendant is served with the writ of summons on 05/01/2023 through Bailiff.  Despite service defendant failed to cause appearance.  Hence, suit to proceed ex-parte.
    Matter is adj to 11/08/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present and prayed for adjournment. Adjournment is granted.
    Matter is adj to 06.10.2023 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present and filed affidavit of evidence, list of documents and evidence close pursis. They are marked as Exh-6, 7 and 8 respectively.
    Matter is adj to 17.10.2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    Matter is adj to 25.10.2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    Heard final arguments of counsel for the plaintiff.
    FRSR following order is passed
    Order
    1)Summary Suit No.899 of 2021 is hereby decreed with the costs.
    2)The defendant shall pay an amount of Rs.2,30,186/- (Rupees Two Lakhs, Thirty Thousands, One Hundred and Eighty Six only)  to the plaintiff.
    3)The defendant shall pay to the plaintiff simple interest on Rs.1,50,000/- at the rate of Rs.9 percent p.a. from 16-07-2020, the date of filing of suit  till its full realization.
    4)The plaintiff is entitled to  get refund 2/3rd of the court-fees paid by him.
    5)The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 25-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103944/2020
    Filing Date: 16-07-2020
    First Hearing Date: 03rd January 2022
    Decision Date: 25th October 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Oct 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010035672020 Presented on 16-07-2020 Registered on 22-10-2021 Decided on 25-10-2023 Duration 03Y: 03M: 09D Exhibit 06 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 899 OF 2021 Swati Sahebrao Gadge Age 40 yrs. ] 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 C.A. Priya Dhuri…

    Read Full Order

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