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SUMMARY CIVIL SUIT - SUMMARY SUIT

Sanjesh Chunilal JainVsNanda Narayan Koli

CNR MHCC01003877202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 07th July 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100325/2020
Registration Date
29 Sept 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    Date: 03-12-2020
    Business: Both parties are absent.
    Matter is adjd for report on 16.03.2021.
    Next Purpose: REPORT
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: As P.O is on 40hrs Online Mediation Training for the Judicial Officers scheduled to be held from 15th to 22nd March,2021
    Next Purpose: REPORT
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: None present.
    Matter adjd for report on 06.05.2021.
    Next Purpose: REPORT
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 17.08.2021.
    Next Purpose: REPORT
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    Adv. For the plff filed affidavit of service. t.o.r.
    Order- seen and filed.
    service not completed.
    Adv. For the plff filed application for issue fresh summons for new address. t.o.r.
    Order- issue summons as prayed.
    Matter is adjd to 26.08.2021  for report.
    Next Purpose: REPORT
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPORT
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is Vacant.
    Next Purpose: REPORT
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Adv Ramesh Jain for plaintiff present and filed application for issue fresh writ of summons. TOR. O- Allowed.
    Matter is adjd for report on 12-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: P.O. is on training
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None for Plaintiff.
    Plaintiff has not filed Affidavit of Service.  Hence, Plaintiff to take proper steps.
    Matter adjourned to 28/09/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None for Plaintiff.
    None for Defendant.
    Since long time service affidavit not filed.  No steps taken.  As a last chance matter adjourned for steps to 09.12.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 20/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: 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)
    From the affidavit reveals that service is complete by Bailiff on 13/07/2022.
    Despite service defendant failed to appear before this court.  Hence, suit to proceed ex-parte.
    Matter is adj to 27/04/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Ramesh Jain for plaintiff present.  He filed claim affidavit    (Exh-6).  He also filed list of documents (Exh-7)
    Following documents being originals are marked exhibit as under.
    Original Demand Promissory Note dated 09/11/2017 of Rs.2,00,000/-        (Exh-8).
    Original copy of demand notice dated 14/08/2020 along with postal records (Exh-9).
    Adv.Jain for plaintiff also filed evidence closing pursis T.O.R marked as (Exh-10).
    Matter is adj to 01/07/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his counsel are absent.
    Matter is adj to 31.07.2023 for Ex-parte argument.
    Later on 12.45 pm
    Adv. Ramesh Jain for plaintiff present.
    Heard ld. Advocate for plaintiff.
    Matter is adj to 07.07.2023 for Ex-parte Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    Plaintiff and his advocate are absent.
    FRSR the following order is passed on Sum. Civil Suit No. 325/20
    Order
    1.Summary Suit No. 325 of 2020 is hereby partly decreed with costs.
    2.The defendant shall pay an amount of 2,99,616.43/- to the plaintiff alongwith interest at the rate of Rs.9 percent p.a. from 29-08-2020, the date of filing of suit till its full realization.
    3.The plaintiff is entitled to  get refund 2/3rd court-fees paid by him.
    4.Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 07-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104338/2020
    Filing Date: 29-08-2020
    First Hearing Date: 03rd December 2020
    Decision Date: 07th July 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Jul 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010038772020 Presented on 29-08-2020 Registered on 29-09-2020 Decided on 07-07-2023 Duration 02Yrs : 10M: 09D Exhibit 11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 325 OF 2020 Sanjesh Chunilal Jain, Aged--yrs. ] of Mumbai, an adult Indian inhabitant ] having his address at Room No.70, ] 2nd Floor, Swadheshi Market, Kalbadevi ] Road, Mumbai - 02. ] VERSUS Nanda Narayan Koli ] Age not known of Mumbai an adult ]…

    Read Full Order

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