SUMMARY CIVIL SUIT - SUMMARY SUIT
Hema Bhavesh JainVsJitendra C. Jain
CNR MHCC01003938202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 100777/2022
- Registration Date
- 07 Dec 2020
- Next Hearing Date
- 06 Oct 2026
- Case Stage
- RECORDING EVIDENCE
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 37
Case History / Proceedings
Case History
Date: 12-02-2021
Business: P.O. is on leave
Next Purpose: REPORT
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: As per Office Order No. 78/21, holiday is declared on 12/04/2021. Hence, adjd to 12/06/2021.
Next Purpose: REPORT
Next Hearing Date: 12-06-2021
Date: 12-06-2021
Business: As per Office Order No.104/2021, Holiday declared on 12.06.2021 (Saturday). Hence matter is adjd to 01.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 15.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 15-07-2021
Date: 15-07-2021
Business: As PO is on leave. Matter is adjd to 20.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPORT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on leave.
Next Purpose: REPORT
Next Hearing Date: 21-09-2021
Date: 21-09-2021
Business: None present for plaintiff.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Adv.Minal Parab present and filed vakalatnama, Exh.5 on behalf of defendant t.o.r. subject to delay of appearance.
Matter adjd to 08.10.2021 for steps by defendant.
Judge
LO at 12.59 pm
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered service affidavit with copy of summons, Exh.6 t.o.r.
The plaintiff wants to file application for summons judgment.
Matter adjd to 08.10.2021 for steps by defendant and SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2021
Date: 08-10-2021
Business: None present for plaintiff.
Adv Minal Parab present for defendant.
Adv for defendant tendered draft notice of motion alongwith affidavit in support. Copies for the plaintiff are also filed.
O-Leave granted to register Notice of Motion.
Heard the advocate for defendant on NM.
KB
LO at 04.14 pm
Adv.Ramesh Jain for plaintiff present. He filed reply to the notice of motion. Already heard the defendant in the morning session.
Heard the advocate for plaintiff.
ORDER
This notice of motion is taken out for condonation of delay in entering appearance. It is the contention of the defendant that the writ of summons was served on 31.01.2021. The date for appearance was 12.02.2021, due to pandemic there was delay. On 12.04.2021, notice of motion was ready but it could not be filed. With such contentions the defendant has prayed to condone the delay in entering appearance.
The plaintiff has opposed this notice of motion by filing reply to the same. Heard both parties. Read the affidavit in support of notice of motion and reply. In view of the judgment of the Hon\''ble Supreme Court in suo-motu Writ Petition No.03/2020, the limitation has been extended. Hence, considering the reasons stated in the motion, I am of the view that delay in entering appearance shall be condoned. According, I pass the following order.
ORDER
1. Draft notice of motion is allowed.
2. Delay in appearance of the defendant is condoned.
3. Vakalatnama filed by the defendant is taken on record.
4. The defendant is allowed to enter his appearance.
5. Draft notice of motion is disposed off accordingly. It be registered for statistical purpose.
Matter adjd to 26.10.2021 for filing SJ by plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: None present for plaintiff.
Adv. Minal Parab present for defendant.
KB
LO at 4.15 p.m
Adv.Vaishali Chavan h/f Adv. Ramesh Jain for plaintiff present.
On oral of plaintiff, matter adjd to 18.11.2021 for filing SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-11-2021
Date: 18-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.08 pm,
Adv.Ramesh Jain for plaintiff present.
The plaintiff tendered SJ a/w. affidavit in support t.o.r.
O-Leave granted to register summons for judgment.
On oral request adjd for service affidavit in SJ on 29.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Minal Parab for defendant present.
The plaintiff tendered registered summons for judgment No.173/21 a/w. affidavit in support t.o.r.
Matter adjd to 10.03.2022 for order against deft. in SJ/steps by the deft.for filing leave to defend.
Next Purpose: ORDER
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None present for plaintiff.
Adv.Minal Parab for defendant present.
Adv.of defendant filed draft notice of motion (for condonation of delay) a/w. affidavit in support a/w. reply in SJ 173/2021 t.o.r. O-Leave granted to register draft notice of motion.
Copies of draft NM a/w. affidavit and copy of reply in SJ 173/21 are kept on record for furnishing the same to the plaintiff.
Matter adjd to 25.03.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: court on leave
Next Purpose: REPLY
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: None present for plaintiff.
Adv. Smt. Minal Prabhu for defendant present.
The defendant tendered registered NM 1057 of 2022 alongwith affidavit t.o.r.
Heard the defendant on NM No. 1057 of 2022.
K.B.
LO at 01.00 pm.
Adv Mr. Ramesh Jain for plaintiff present.
He filed handwritten reply in NM No. 1057 of 2022.
Heard the plaintiff on NM No. 1057 of 2022.
F.R.S.R. following order is passed in NM No. 1057 of 2022.
ORDER
1. Notice of Motion No. 1057 of 2022 is allowed.
2. Delay in filling reply cum leave to defend in Summons for Judgment No. 173 of 2021 is condoned.
3. Reply cum leave to defend filed by the defendant is taken on record.
4. Costs shall follow the event.
In view of above order defendants reply cum leave to defend is t.o.r. marked as Exh.7.
Copy of reply cum leave to defend is received by advocate for the plaintiff.
LO at 3.20 pm.
Adv. Smt. Minal Prabhu for defendant present.
Order in NM is informed to the advocate for defendant.
Matter is adjourned to 30-04-2022 for hearing of summons for judgment.
Next Purpose: HEARING
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: HEARING
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: HEARING
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Reason For Adjournment: court time is over
Next Purpose: HEARING
Next Hearing Date: 08-09-2022
Date: 08-09-2022
Business: Adv. Ramesh Jain Present for Plff.
Adv. Minal Parab Present for Deft.
Order below Ex.01.
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to assign this suit bearing commercial suit no.858 of 2021 along with Summons of Judgment No 173 of 2021 to proper court in which the suit should have been instituted, not being a “Commercial Dispute”.
ii) The parties to appear before the assigned Court on 04/10/2022.
Adj. For Hearing on SJ 173/21 on 04/10/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-10-2022
Date: 04-10-2022
Business: As court is busy in dictating order in SJ No. 40/2019 in Summary Civil Suit. Hence, remaining board of second sessions discharged.
Matter is adj to 14/12/2022 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: None for plaintiff.
It appears that summary suit is transfered to this court by way of order dated 08/09/2022 passed by Ld. Presiding Officer, Court No.32. The order is passed in presence of Ld. Advocates for both the sides. Hence, notice to parties is not required. In view of the absence of the parties and their advocates, matter is adj to 23/02/2023 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None for plaintiff.
None for defendant.
Matter is adj to 09/06/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Both parties and their advocate absent.
Matter is adj to 06.09.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2023
Date: 06-09-2023
Business: P.O. IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Both parties and their counsel are absent.
Matter is adj to 05.03.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-03-2024
Date: 05-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Parties are given last chance to argue on SJ.
Matter is adj to 22.04.2024 for filing original docs and hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-04-2024
Date: 22-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Court busy in dictating order in NM No. 4447/23 and 1133/23 Sum Suit No. 318/18 and marking documents in Sum Suit No. 259/21, 1182/19.
Matter is adj to 05/08/2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-08-2024
Date: 05-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 10.09.2024 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-09-2024
Date: 10-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to file original documents.
Matter is adj to 14.11.2024 for filing original documents and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-11-2024
Date: 14-11-2024
Business: P.O. IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-01-2025
Date: 06-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Archana Bhor h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment filing original documents. Adjournment is granted as last chance.
The defendant and his counsel are absent.
Matter is adj to 18.02.2025 for filing original documents and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-02-2025
Date: 18-02-2025
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 compilation of documents Taken on record. It is marked as Exh-8.
The defendant and his counsel are absent.
Matter is adj to 03.04.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: P.O.IS ON LEAVE
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-06-2025
Date: 17-06-2025
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.
The defendant and his counsel are absent.
Matter is adj to 08.07.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-07-2025
Date: 08-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 30.07.2025 for hearing on Summons for judgment.
Later on at 12.05 pm
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present
Matter is adj to 30.07.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
They are given last chance to argue on Summons for judgment.
Matter is adj to 22.08.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-08-2025
Date: 22-08-2025
Business: P. O. is on leave(in first session)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-10-2025
Date: 07-10-2025
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.
The defendant and his counsel are absent.
Matter is adj to 14.11.2025 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-11-2025
Date: 14-11-2025
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.
The defendant and his counsel are absent.
Heard advocate for plaintiff on Summons for judgment.
Matter is adj to 25.11.2025 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-11-2025
Date: 25-11-2025
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.
The defendant and his counsel are absent.
Keep back.
Later on at 12.37 pm
Both parties and their advocate are absent.
Defendant is given last chance to argue on Summons for judgment.
Matter is adj to 05.12.2025 for hearing on Summons for judgment by defendant.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-12-2025
Date: 05-12-2025
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.
The defendant and his counsel are absent.
Keep back.
Later on at 12.28 pm
Both parties and their advocate are absent.
Defendant was given last chance to argue on Summons for judgment. Defendant failed to argue on Summons for judgment. Hence, Summons for judgment is kept for order.
Matter is adj to 23.12.2025 for Order.
Next Purpose: ORDER
Next Hearing Date: 23-12-2025
Date: 23-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Matter is fixed for Summons for judgment. Plaintiff to satisfy on the documents.
Matter is adj to 28.01.2026 for further argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-01-2026
Date: 28-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.33 pm
Adv. Ramesh Jain for plaintiff is present.
The defendant and his counsel are absent.
Heard advocate for plaintiff on documents.
Matter is adj to 13.02.2026 for Order
Next Purpose: ORDER
Next Hearing Date: 13-02-2026
Date: 13-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
FRSR following order is passed
Order
1) Summons for judgment No.173/2021 in Summary Suit No. 777/2022 is disposed off as follows
(a)Defendant is granted unconditional Leave to defend the suit and defendant is at liberty to file written statement on or before next date.
2)Summons for judgment No.173/2021 is disposed of accordingly.
Matter is adj to 13-03-2026 for filing Written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 13-03-2026
Date: 13-03-2026
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.
The defendant and his counsel are absent.
Keep back
Later on at 12.25 pm
The plaintiff and his advocate are absent.
Adv. Minal Parab for defendant is present and filed an application for adjournment to file written statement. TOR and marked as Exh-9. O-Adjournment is granted as a last chance.
Matter is adj to 06.04.2026 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke for plaintiff is present.
The defendant and his counsel are absent.
KB
Later on 12.40 pm.
Adv. Madhuri Shirke for plaintiff is present.
The defendant and his counsel are absent.
KB
Later on 3.30 pm.
defendant and advocate absent.
Defendant failed to file written statement. Hence, matter be proceeded without written statement.
Matter is adj to 25/06/2026 for evidence of plaintiff without written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: None present.
Matter is adj to 17.08.2026 for filing evidence by plaintiff, as a last chance.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-08-2026
Date: 17-08-2026
Business: Adv. for plaintiff is present and rally requested for adjournment. O- Granted.
Matter is adj to 06-10-2026 for filing evidence by plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-10-2026Additional Case Details
Additional Case Details
Filing Number: 103678/2020 Filing Date: 19-03-2020 First Hearing Date: 12th February 2021 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
0No order text is available in this record.
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