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SUMMARY CIVIL SUIT - SUMMARY SUIT

Swati Sahebrao GadgeVsMustafa Dagdu Shaikh

CNR MHCC01003876202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 22nd May 2025

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100977/2022
Registration Date
28 Nov 2022

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec O37

    Case History / Proceedings

    Case History
    Date: 01-02-2023
    Business: Adv.Ramesh Jain for plaintiff present.   He seeks time for filing affidavit of service, time granted.
    Matter is adj to 13/04/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    No steps are taken.
    No affidavit of service is filed by plaintiff.
    Matter is adj as a last chance to 01/08/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present and filed affidavit of service. TOR. It is marked as Exh-2.
    Order below Exh-1
    Suit summons are duly served on defendant on 28.03.2023 through the bailiff. Bailiff report with the service affidavit is on record. Despite service of suit summons, he failed to appear.
    Hence, suit to proceed ex-parte against defendant.
    Matter is adj to 06.10.2023 for filing evidence on affidavit.
    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 requested for adjournment for filing evidence affidavit. Adjournment is granted.
    Matter is adj to 31.10.2023 for filing affidavit of evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 31-10-2023
    
    Date: 31-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 25.01.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff & his advocate are absent.
    Matter is adj to 11/03/2024 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 10.05.2024 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-05-2024
    
    Date: 10-05-2024
    Business: Court is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 30-07-2024
    
    Date: 30-07-2024
    Business: Court is on half day leave(in first session).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-11-2024
    
    Date: 07-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff absent.
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-3 and 4   respectively.
    Matter is adj to 07.01.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 25.02.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 25-02-2025
    
    Date: 25-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 04.04.2025 for verification.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-04-2025
    
    Date: 04-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 23.04.2025 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    Keep back.
    Later on at 1.09 pm
    Mr. Priya Rohit Dhuri, Age-31 years, Service, Kurla, Mumbai, CA of plaintiff is present and admitted contents of evidence in affidavit and identified his signature.
    Adv. Ramesh Jain for plaintiff is present.
    Heard counsel for plaintiff on exhibiting documents.
    Perused documents filed by plaintiff vide list Exh-4. Document at Sr. No.1 is original, document at Sr. No.2 is office copy of letter along with postal receipt, A. D. Card, two returned envelope, documents at Sr. No.3 to 5 are verified from original. Hence, these documents are marked as Exhibits.
    Exh-5 Original Promissory Note dated 02.12.2017
    Exh-6(colly) Office copy of Letter  dated 31.07.2020 along with postal receipt, A. D. Card, two returned envelope.
    Exh-7 Copy of Money Lender License verified from original
    Exh-8 Copy of Forms under Bombay Money Lending Act verified from original
    Exh-9 Copy of Books of Accounts verified from original
    Counsel for plaintiff also filed evidence close pursis. TOR and marked as Exh-10.
    Heard ex-parte argument of counsel for plaintiff.
    Matter is adj to 08.05.2025 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 08-05-2025
    
    Date: 08-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and filed pursis to keep matter in summer vacation for order. TOR and marked as Exh-11. O-Allowed.
    Matter is adj to 22.05.2025 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 22-05-2025
    
    Date: 22-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Ex-parte judgment is marked as Exh-12.
    FRSR following order is passed
    Order
    1)Summary Suit No. 977 of 2022 is hereby decreed with the costs.
    2)The defendant shall pay an amount of Rs. 1,49,167/ (Rupees One Lakh Fourty Nine Thousand One Hundred and Sixty Seven only) to the plaintiff.
    3)The defendant shall pay to the plaintiff simple interest on Rs. 1,00,000/- at the rate of 7 percent p.a. from 29/08/2020, the date of filing of suit till its full realization.
    4)The plaintiff is entitled to get refund of the court-fees provided for, if any as per Rules.
    5)The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 22-05-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104330/2020
    Filing Date: 29-08-2020
    First Hearing Date: 01st February 2023
    Decision Date: 22nd May 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 May 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010038762020 Presented on 29/08/2020 Registered on 28/11/2022 Decided on 22/05/2025 Duration 04Y: 08M: 24D Exhibit 12 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 977 OF 2022 Swati Sahebrao Gadge ] Age 29 yrs. of Mumbai an adult ] Indian inhabitant having her address ] at Room No. 1, Plot No.198, ] Tulja Bhawani Society, Shivneri Nagar ] Shingre Wadi, Bazar, Kurla (West), ] Mumbai-400 070 through Her C.A. ] Priya…

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