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SUMMARY CIVIL SUIT - SUMMARY SUIT

Jayprakash Arun GuptaVsMr. Ramashrey R. Verma

CNR MHCC01003845202083-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100332/2020
Registration Date
08 Oct 2020
Next Hearing Date
31 Oct 2026
Case Stage
ARGUMENTS

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 14-12-2020
    Business: Nobody present.
    Adjd for report to 07/04/2021
    Next Purpose: REPORT
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv. Sanjay Dhadam for plaintiff present.
    None for defendant.
    Matter adjd for report to 15-06-2021.
    Next Purpose: REPORT
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: P.O. is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: None present.
    Matter adjd for affidavit of service to 16-10-2021.
    Next Purpose: REPORT
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: By Praecipe
    Adv Ramesh Jain for plaintiff present.
    Ex.02   Ld Adv for plaintiff filed V/N t.o.r. O- Filed.
    Ex.03  Ld adv for plaintiff filed application for matter taken on todays board t.o.r. O- Allowed.
    Ld adv for plaintiff tendered draft Notice of motion along with affidavit t.o.r. O- Leave granted.
    Matter adjd for tendering original registered NM to 16-10-2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per Office Order No. 213 of 2021 dtd 12.10.2021 as declared holiday.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Adv. Vaishali Chavan h/f Ramesh Jain for plaintiff present.
    Adv. Madne for defendant present.
    Ld Adv for defendant tendered draft NM alongwith V/P. Leave Granted.
    Matter adjd for tendering original registered NM to 21.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Adv. For plaintiff tendered original registered NM No.2156/21.
    Matter Adjd for service affidavit of NM on 28/03/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: None present for plaintiff
    Adv. J. M. Madne for defendant present.
    Ld. Adv. for defendant tendered original registered NM No.3168/21.
    Later on at 04.11 pm.
    Adv. Ramesh Jain for plaintiff present.
    Matter Adjd for service affidavit of NM on 17/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit on 28/07/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: None present.
    Matter Adj for affidavit of service to 26.09.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv. Rajesh Patil for plaintiff present.
    None present for defendant.
    Exh.04 - Vakalatnama on behalf of plaintiff alongwith no objection of earlier advocate. O-filed.
    Matter Adjd for service affidavit on 23/11/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: None present.
    Matter Adjd for service affidavit on 24/01/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Representative of plaintiff present.
    None present for defendant.
    Time sought.
    Matter Adjd for NM reply on 09/03/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2023
    
    Date: 09-03-2023
    Business: Adv. Rajesh Patil for plaintiff present.
    None present for defendant.
    Matter Adjd for NM reply on 26/04/2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Rajesh Patil for plaintiff present.
    None present for defendant.
    Defendant absent from last several dates. Failed to proceed in NM No.3168 of 2021. Hence put up for dismissal.
    Defendant failed to file reply to NM no.2156 of 2021. Hence to proceed without reply of defendant.
    Matter Adjd for dismissal of NM NO.3168/21 and hearing of NM in NM 2156/21 on 15/07/2023
    Next Purpose: FOR___________________
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: P. O. is on leave.
    Hence, matter is adjourned.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: P.O. is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: Presiding Officer is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: COURT IS VACANT
    Matter is adjd to 18.04.2024
    Next Purpose: FOR___________________
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Adv. Rajesh Patil for plaintiff present.
    None for defendant.
    Heard behalf of Plaintiff.
    Matter is adjourned to 08.05.2024 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: Adv Mamta Panigrahi for plaintiff present.
    None for defendant.
    Adv for plaintiff filed Vakaltnama t.o.r marked as Exh. 04
    Matter is adjourned to 23.08.2024 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: Adv. Mamta Panigrahi for plaintiff present.
    Matter is adjourned to 15.10.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: Adv. Rajesh Patil for plaintiff present.
    Matter is adjourned to 04.01.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: P.O.is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2025
    
    Date: 08-04-2025
    Business: Adv. Mamta Panigrahi for plaintiff present and submitted that copy of NM No.3168/2021 is not served upon them. Order - Defendant to directed the copy of NM.
    None for defendant.
    Matter is adjourned to 14.07.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2025
    
    Date: 14-07-2025
    Business: Adv. Mamta Panigrahi for plaintiff present
    Matter is adjourned to 06.08.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2025
    
    Date: 06-08-2025
    Business: None present.
    Matter is adjourned to 29.10.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2025
    
    Date: 29-10-2025
    Business: P.O is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2025
    
    Date: 20-12-2025
    Business: Adv. Mamta Panigrahi for plaintiff present.
    None for defendant.
    ORDER BELOW NM NO.3168/2021
    The NM 3168/2021 is filed by the defendant seeking to condone the delay of 64 days in filing leave to defend. No any reply is filed. After filing the NM the defendant changed in all 3 advocates. On 26.04.2023 direction was given to defendant to argue the NM failing which it will be kept for dismissal. Inspite of it today also defendant nor his advocate are present. As discussed above the NM is filed for condoning the delay in filing leave to defend. However, the plaintiff is yet to file Summons for Judgment and infact there was delay in filing VP on behalf of the defendant. Therefore the present NM misconceived hence, not tenable. Therefore, the same is stands rejected.
    Adv. Panigrahi not pressed NM No.2156/2021. Order - As NM No. 2156/2021 is not pressed hence, filed.
    ORDER - In view of order passed below both the NM and VP of defendant is not filed within the limitation period hence, suit to proceed Ex-parte.
    Matter is adjourned to 23.02.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-02-2026
    
    Date: 23-02-2026
    Business: Adv. Mamta Panigrahi for plaintiff present through VC.
    Matter is adjourned to 02.04.2026 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-04-2026
    
    Date: 02-04-2026
    Business: Plaintiff present.
    Adv. Mamta Panigrahi for plaintiff present filed evidence affidavit and list of document taken on record and marked as Exh.05  and Exh.06. Order - Evidence affidavit read and recorded and production allowed.
    Matter is adjourned to 18.06.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-06-2026
    
    Date: 18-06-2026
    Business: Suit is Ex-parte.
    Adv. Mamta Panigrahi for plaintiff present.
    Plaintiff Mr. Jayprakash Gupta is present through VC.
    Plaintiff tendered evidence affidavit and compilation of documents on 02.04.2026. It is not signed by the then Presiding Officer. Proceed to sign it today.
    Oath is administered to PW-1.
    Further examination-in-chief is recorded and following documents are marked -
    Exh.07 Original Demand Promissory Note.
    Art-A Copy of Money lending license.
    Art-B Form No.10
    Art-C Cash Book
    Art-D Copy of ledger.
    Matter is adjourned to 10.07.2026 for Further evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-07-2026
    
    Date: 10-07-2026
    Business: Suit is Ex-parte.
    Adv. Mamta Panigrahi for plaintiff is present.
    On oral request of Adv. for plaintiff time is granted as a last chance for further evidence.
    Matter is adjourned to 06.08.2026 for Further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-08-2026
    
    Date: 06-08-2026
    Business: Plaintiff Mr. Jayprakash Arun Gupta is present.
    Adv. Mamta Panigrahi for plaintiff present.
    Kept back
    Later on at 01.50 p.m
    Same appearance for plaintiff.
    Today plaintiff produced original documents for verification and comparison. Copies are compared with original and originals are returned to the witness.
    Exh.08 - Copy of Form No.10 (earlier Art-B)
    Exh.09 - Copy of Cash Book (earlier Art-C).
    Exh.10 - Copy of ledger (earlier Art-D)
    On oral request of Adv for plaintiff time is granted for producing original money lending license.
    Matter is adjourned to 22.09.2026 for compliance by plaintiff.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-09-2026
    
    Date: 22-09-2026
    Business: Plaintiff Mr. Jayprakash Gupta is present.
    Adv for plaintiff is absent.
    Kept back
    Later on at 12.35 p.m
    Adv. Mamta Panigrahi for plaintiff present.
    Plaintiff is present.
    Today plaintiff brought original Money lending license. Its copy was earlier marked as Art-A as original was not produced at that time. Copy is compared with original and original is returned to the witness. Art A is marked as Exh.11.
    Exh.11 - Money lending license.
    Exh.12 - Evidence closure pursis filed by plaintiff.
    Matter is adjourned to 31.10.2026 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104241/2020
    Filing Date: 18-08-2020
    First Hearing Date: 14th December 2020
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    2
    Interim Order 1
    18 Jun 2026
    Order Details: Other
    Pdf Text: Summary Suit No.332/2020 Exh.05 1 / 1
    Date : 18.06.2026
    Further Examination in chief of plaintiff witness
    Mr. Jayprakash
    Arun Gupta (on VC) on oath by Adv. Mamta Panigrahi for
    plaintiff.
    As per order dt. 20.12.2025 suit is Ex-parte.
    Affidavit now shown to me bears my signature. Its contents are
    true. It is already marked as Exh.05 . Through List of Documents
    at Exh.06 , I have filed following documents. Same may be marked
    with Exhibit numbers.
    Exh.07 Original Demand Promissory Note.
    Art-A Copy of Money lending license.
    Art-B Form No.10
    Art-C Cash Book
    Art-D Copy of ledger.
    Further examination in chief is over :
    As Suit is Ex-parte, hence no cross-examination :
    ROAC BEFORE ME
    Mumbai
    Dated : 18.06.2026
    (Prasad P. Kulkarni)
    District Judge,
    Court Room No.83 -
    City Civil & Sessions Court,
    Mazgaon, Greater Mumbai
    -- 1 of 1 --
    Order 1
    18 Jun 2026
    Order Details: Other
    Pdf Text: Summary Suit No.332/2020 Exh.05 1 / 1
    Date : 18.06.2026
    Further Examination in chief of plaintiff witness
    Mr. Jayprakash
    Arun Gupta (on VC) on oath by Adv. Mamta Panigrahi for
    plaintiff.
    As per order dt. 20.12.2025 suit is Ex-parte.
    Affidavit now shown to me bears my signature. Its contents are
    true. It is already marked as Exh.05 . Through List of Documents
    at Exh.06 , I have filed following documents. Same may be marked
    with Exhibit numbers.
    Exh.07 Original Demand Promissory Note.
    Art-A Copy of Money lending license.
    Art-B Form No.10
    Art-C Cash Book
    Art-D Copy of ledger.
    Further examination in chief is over :
    As Suit is Ex-parte, hence no cross-examination :
    ROAC BEFORE ME
    Mumbai
    Dated : 18.06.2026
    (Prasad P. Kulkarni)
    District Judge,
    Court Room No.83 -
    City Civil & Sessions Court,
    Mazgaon, Greater Mumbai
    -- 1 of 1 --

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