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SUMMARY CIVIL SUIT - SUMMARY SUIT

Kranti Amol NarkarVsBhagwanji Phoolchand Shah

CNR MHCC01004093202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--JUDGMENT
Decision Date: 02nd August 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100003/2021
Registration Date
05 Jan 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 02-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ramesh Jain for plff. Present.
    Matter is adjd to 15.03.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: P.O. IS ON LEAVE
    Matter is adjd to 31.03.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    Matter is adjd to 07.06.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 04/08/2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Both the parties and his advocate are absent.
    KB L.O. at 01.07 p.m.
    Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    Matter is adjd to 06.08.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    Matter is adjd to 02.09.2021  for report.
    Next Purpose: REPORT
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Court is Vacant
    Next Purpose: REPORT
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: None present.
    Matter is adjd to 21.02.2022  for report.
    Next Purpose: REPORT
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Court is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Patil for Plaintiff present.
    None for Defendant.
    Kept back..
    L.O.  at 04.00 P.M.
    Exh.01-Plaint.
    Exh.02-Vakalatnama.
    Exh.03-Memorandum of plaintiff address.
    Exh.04-List of documents.
    Advocate for plaintiff filed affidavit of service (Exh.05).
    From the affidavit it transpires that writ of summons is served to the defendant through the bailiff on 09.05.2022.
    Inspite of service defendant have not caused appearance within the time permitted by law, therefore, suit to proceed ex-parte against the defendant.
    None for Defendant.
    Matter adjourned to 22.09.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: None for plaintiff.
    Matter is adjd. to 09.12.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    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 15/02/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Adv.Ramesh Jain for plaintiff present.  He filed claim affidavit  (Exh-6)
    He also filed list of documents (Exh-7).
    Following documents originals are marked exhibit as under.
    Original Demand Promissory dated 20/06/2019 of Rs.100000/-        (Exh-8).
    Original copy of demand notice dated 18/02/2020 along with postal records (Exh-9).
    Money Lender Licence (Exh-10).
    Matter is adj to 04/05/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: As court is busy in dictating judgment in Suit No.3734 of 2011, remaining first session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Adv. Ramesh Jain for plaintiff present.
    None for defendant (Ex-parte).
    Matter is adj to 15/07/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    Heard arguments of Ld. Advocate for plaintiff.
    Matter is adj to 24.07.2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 02-08-2023
    
    Date: 02-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Mr. Ramesh Jain Advocate for plaintiff present.
    FRSR following order is passed-
    Order
    1.Summary Suit No. 03 of 2021 is hereby  decreed with costs.
    2.The defendant shall pay an amount of Rs.1,21,895.89 (Rupees One Lakh, Twenty One Thousand, Eight Hundred Ninety Five and Eighty Nine paise only) to the plaintiff.
    3.The defendant shall pay to the plaintiff the interest at the rate of Rs.9 percent p.a. on Rs. 1,00,000/- (Rupees One lakh) from 15-09-2020, the date of filing of suit till its full realization.
    4.The plaintiff is entitled to  get refund 2/3rd  of the court-fees paid by her.
    5.Decree be drawn up accordingly.
    Nature Of Disposal: JUDGMENT
    Disposal Date: 02-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104555/2020
    Filing Date: 15-09-2020
    First Hearing Date: 02nd March 2021
    Decision Date: 02nd August 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Aug 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010040932020 Presented on 15-09-2020 Registered on 05-01-2021 Decided on 02-08-2023 Duration 02Y: 10M:18D Exhibit 11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 03 OF 2021 Kranti Amol Narkar ] Age year, Mumbai an adult ] Indian Inhabitant having her ] address at 9/10/10, Swami ] Vivekanand Nagar, Dr. E Moses ] Road, Worli, Mumbai-18 ]...Plaintiff Versus Bhagwanji Phoolchand Shah ] Age and full name not known ] of Mumbai an…

    Read Full Order

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