Order Details: Copy of Judgment Pdf Text: ..1.. Summary Suit No.429/2018 MHCC010040782018 Presented on : 26/03/2018 Registered on : 06/04/2018 Decided on : 08/04/2024 Duration : 06Y 00M 14D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT NO.06 SUMMARY SUIT NO.429 OF 2018 (CNR NO.MHCC01-004078-2018) Mr. Abhishek Jitendra Palrecha, Occupation: Business, residing at 303/1, Summer Tower, Love Lane, Mazgaon, Mumbai – 400 010. ] ] ] ] ..Plaintiff Versus Silver Arch Builders and Promoters having office address…
SUMMARY CIVIL SUIT - SUMMARY SUIT
Mr. Abhishek Jitendra PalrechaVsSilver Arch Builders and Promoters
CNR MHCC01004078201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 08th April 2024
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 100429/2018
- Registration Date
- 06 Apr 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 28-06-2018
Business: Adv. Bhatia for Plaintiff present.
None for Defendant.
Advocate for plaintiff filed Affidavit of writ of summons, TOR.
Matter is adjd. to 10/09/2018 for Report.
Next Purpose: REPORT
Next Hearing Date: 10-09-2018
Date: 10-09-2018
Business: Adv.Taniya Barwal for Plaintiff
Adv. Chitnis for defendant present.
Adv for plaintiff filed register sj no. 275/18 .
The adv for the plaintiff has tender the copy of sj and affidavit to the adv for defendant.
Matter is adjd.15/10/2018 to for sj reply.
Next Purpose: REPLY
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Adv. Vashi for Plaintiff present.
Adv. Saurabh Chitnis for Defendant present.
The advocate for defendant has served the copy of S/J reply to the advocate for plaintiff.
Matter is adjd. to 30/11/2018 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-11-2018
Date: 30-11-2018
Business: Adv. Vashi for Plaintiff present.
Adv. Sawant for Defendant present.
On the oral request of the advocate for defendant that his senior is in personal difficulty and unable to attend the Court hence, Matter is adjd. to 08/01/2019 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-01-2019
Date: 08-01-2019
Business: The P.O. is deputed by the Hon\''ble High Court to MJA Uttan for one day Mediation training, hence board is discharged as case is adjourned to 01/02/2019 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-02-2019
Date: 01-02-2019
Business: Adv. Janil Vashi for Plaintiff present.
Adv. Mangesh Sawant for Defendant present.
Advocate for plaintiff has filed rejoinder to the S/J reply, TOR.
Advocate for defendant has requested short adjournment as his senior is not available, hence with the consent of both the parties,
Matter is adjd. to 15/02/2019 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-02-2019
Date: 15-02-2019
Business: Adv. Janil Vashi for Plaintiff present.
Adv. Saurabh Chitnis for Defendant present.
On the oral request of the advocate for defendant that his senior is held up in High Court, he seeks short adjournment hence, Matter is adjd. to 02/03/2019 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-03-2019
Date: 02-03-2019
Business: Adv. Janil Vashi for Plaintiff present.
Adv. Arun K. for Defendant present.
Heard the argument of both the sides on S/J.
Matter is adjd. to 22/03/2019 for S/J order.
Next Purpose: ORDER
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Adv for plaintiff Mr. Vashi present
Adv for deft Mr.Sawant present
Matter is Adjd for Re-argument on S/J to 16/07/2019
Next Purpose: ARGUMENTS
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: Adv. Mr. Vashi for plaintiff present.
Adv. Mr. Saurabh Chitanis for defendant present.
On request of deft.
Matter is adjd for SJ hearing on 03.08.2019.
Next Purpose: HEARING
Next Hearing Date: 03-08-2019
Date: 03-08-2019
Business: Adv. Vivek Vashi for plaintiff present.
None for defendant.
On oral request adjd. for arguments to 09/09/2019.
Next Purpose: HEARING
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Representative of plaintiff present.
KB
LO
Adv. Vashi for plaintiff present.
Adv. Saurabh Chitnis for deft. Present.
On oral request of adv. for deft last chance is granted.
Date is given as per convenience of adv. for deft on assurance that on given date he will argue SJ for which adv. for plaintiff has no objection.
Adjd. to 21.09.2019 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-09-2019
Date: 21-09-2019
Business: P.O. Is on leave. Adjd to 11/10/19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2019
Date: 11-10-2019
Business: Adv. Vashi for plaintiff.
KB
LO At 12.15 pm
Same appearance.
Adv. Saurabh Chitnis for deft. Present.
Adjd. to 16.11.2019 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. Vashi for plff present.
Adv. Chitnis for deft present.
Registered ch/s 1923/19 @ affidavit of service filed by plff.
Adjd. to 03.12.2019 for ch/s reply and hearing.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 03-12-2019
Date: 03-12-2019
Business: Adv. Vashi for plantiff present.
KB at 2nd half.
LO
Adv. Saurabh Chitnis for defendant present.
On the request of defendant adjd as last chance for reply and hearing
Matter is adjd to 24/01/2020 for reply and hearing.
Next Purpose: REPLY
Next Hearing Date: 24-01-2020
Date: 24-01-2020
Business: Adv. Aparna for plaintiff.
Adv.saurabh chitnis for defendant filed reply to Ch/s
Heard arguments on Ch/s.
F.R.S.R. Following order
ORDER
1.The Chamber Summons No.1923 of 2019 is allowed as under.
2.Permission is granted to the plaintiff to carry out amendment in the plaint as prayed as per the schedule annexed to the affidavit of Chamber Summons, subject to cost of Rs.2000/- to be paid to the defendant by the plaintiff.
3.The plaintiff to carry out the amendment on or before next date.
4.The Chamber Summons No. 1923 of 2019 is disposed accordingly.
Adjd to 21.02.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv Vashi for pltff present and filed service affidavit (Exh. 5) of amendment.
None for deft. However the deft is hereby given opportunity to carry out amendment in his reply/submits additional reply to the extent of the amendment carried out in the plaint. Matter is adjd to 09/06/2020 for Amendment in reply/additional reply.
Next Purpose: REPLY
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 02-09-2020
Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Vashi for plaintiff
Adv Sawant for defendant
Adjd to 12-04-2021
Next Purpose: REPLY
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: Adv Mr.Vashi present for the plaintiff.
Adv Saurabh Chitnis present for the defendant.
Matter is adjd to 16.10.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per office order dated 12.10.2021
Next Purpose: REPLY
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. to 25-03-2022 for Summons for Judgt.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: P.O.is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: P. O. is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: As court is vacant
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-06-2023
Date: 12-06-2023
Business: None present.
KB
Adv.Vinay Nair present for defendant, seeking time. Time is granted.
Matter stands adjourned to SJ hearing on 03-08-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Adv.Jay Vashi present for plaintiff.
Adv.Mangesh Sawant present for defendant.
KB
L.O. at 3.30 pm.
Adv.Jay Vashi present for plaintiff.
Heard the argument of plaintiff.
Matter stands adjourned for further argument on 13-09-2023 at 2.45 pm.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-09-2023
Date: 13-09-2023
Business: None present.
KB
L.O. at 3.30 pm.
Adv. Jaineed Vashi present for plaintiff.
Adv. Vinay Nair present present for defendant.
Heard argument of defendant, seeking to further argument.
Matter stands adjourned for argument P.H. on 13-10-2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 13-10-2023
Date: 13-10-2023
Business: Adv.Jainind Vashi present for plaintiff, tendered written notes of argument TOR marked as Exh.
Copy served to other side.
Adv.Mangesh Sawant present for defendant. Seeking time to written notes. Time is granted.
Matter stands adjourned for argument P.H. on 23-11-2023.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-11-2023
Date: 23-11-2023
Business: Adv.Vashi present for plaintiff, tendered additional notes of written submissions TOR.
Plaintiff is seeking time to file original documents.
None present for defendant.
Matter stands adjourned for argument P.H. on 18-01-2024.
L.O. at 3.45 pm.
Adv.Sourabh Chitnis present for defendant, tendered written notes
of argument TOR .
Matter is already stands adjourned for argument P.H. on 18-01-2024.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-01-2024
Date: 18-01-2024
Business: Plaintiff along with Adv. Jaineel Vashi Present, tendered application for filing original documents along with list of original documents TOR.
None present for defendant.
KB.
L.O. at 1.10 pm.
Adv. Saurabh R. Chitnis present for defendants.
L.O. at 5.00 pm.
Heard both sides.
F.R.S.R. following order is passed on Summons for Judgment No.275/18-
ORDER
1.Summons for Judgment No.275 of 2018 in Summary Civil Suit No.429 of 2018, is disposed of in terms of following order -
2.Leave is granted to the defendant to defend the suit subject to the defendant depositing in this Court a sum of Rs.5,00,000/- within a period of one month from the date of order and shall file written statement within 30 days, thereafter.
3.After depositing the amount, the PLA Section is directed to invest the same into Fixed Deposit, till disposal of the suit or till further order.
4.If this conditional order of deposit is not complied within the stipulated period, as mentioned hereinabove, the plaintiff shall be entitled for an ex-parte decree against the defendants after obtaining a non-deposit certificate from the PLA Section.
5.Summons for judgment is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for compliance on 20-02-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2024
Date: 20-02-2024
Business: Adv. Jaineel Vashi present for plaintiff.
Adv. Fernandes present for defendant.
The defendant failed to comply the order on Summons for Judgment 275/18, which is not disputed to defendant counsel. The plaintiff to submit non-deposit certificate.
Matter stands adjourned for compliance on 08-04-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-04-2024
Date: 08-04-2024
Business: Partly allowed with costs
Nature Of Disposal: PARTLY DECREED
Disposal Date: 08-04-2024Additional Case Details
Additional Case Details
Filing Number: 104461/2018 Filing Date: 26-03-2018 First Hearing Date: 28th June 2018 Decision Date: 08th April 2024 Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
08 Apr 2024
Order 1Full order available
08 Apr 2024
Order Details: Copy of Judgment Pdf Text: ..1.. Summary Suit No.429/2018 MHCC010040782018 Presented on : 26/03/2018 Registered on : 06/04/2018 Decided on : 08/04/2024 Duration : 06Y 00M 14D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT NO.06 SUMMARY SUIT NO.429 OF 2018 (CNR NO.MHCC01-004078-2018) Mr. Abhishek Jitendra Palrecha, Occupation: Business, residing at 303/1, Summer Tower, Love Lane, Mazgaon, Mumbai – 400 010. ] ] ] ] ..Plaintiff Versus Silver Arch Builders and Promoters having office address…
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