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SUMMARY CIVIL SUIT - SUMMARY SUIT

Harsha Vijay MehtaVsNimish Mansukhlal Vora H.U.F.

CNR MHCC01004133202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th September 2025

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100571/2020
Registration Date
18 Dec 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 23-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 19.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Due to Covid-19 pandemic none appeared.
    Matter is adjd to 24/06/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 25.08.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 26.10.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Adv Sanjay Chaturvedi for plaintiff present.
    None for defendant.
    As per oral request of adv for plaintiff matter is adjourned to. 22.02.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Matter pertains to C.R.No.61
    Adv. Sanjay Chaturvedi for plaintiff present.
    None present for defendant.
    Exh.02 - Service affidavit . O-Seen.
    Exh.03 - Application for service of writ of summons to bailiff.
    O-Issue writ of summons through bailiff.
    Matter Adjd for bailiff report on 04/05/2022.
    Next Purpose: REPORT
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: CORAM : H. H. J. SMT. C. V. PATIL  (C.R. No.15)
    Matter pertaining to CR No.61 (Regular Board)
    Advocate Mr. S.P. Chaturvedi for plaintiff present.
    None for defendant.
    He filed application for extension of time for service of writ of summons through Bailiff. O-Allowed.
    Matter is  adjd. for service to 26-07-2022.
    Next Purpose: REPORT
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. Mr. Sanjay Chaturvedi for Plaintiff present and filed Affidavit of Service.  t.o.r. and marked as Exhibit-4.
    None for Defendant.
    Matter adjourned to 11/10/2022 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: dv.Sanjay Chaturvedi for plaintiff present.
    Plaintiff has already filed service affidavit Exh-4 from the Bailiff Report it reveals that service is complete on 24/06/2022.  In spite of service of summons defendant is absent.  Hence suit to proceed ex-parte.
    Matter is adj to 19/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Adv Sanjay Chaturvedi for plff present.
    Adv. Chinmay Pradhan I/b Tushar Govadia for deft present.
    At the request of adv for defendant matter is kept back.
    Matter called out again 04.14pm
    Adv for defendant filed draft N/M along with affidavit in support.
    Order - Leave to register granted.
    He also filed Vakalatnama same is taken on record for limited purpose of N/M.
    Matter is adj to 20.02.2023 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2023
    
    Date: 19-12-2022
    
    Date: 20-02-2023
    Business: Adv.Sanjay Chaturvedi for plaintiff present.
    Adv.Dhruvit Shah i/b Adv.Tushar Goradia for defendant  present.  He tendered registered N/M No. 667/2023 along with affidavit.
                     ORDER ON NOTICE OF MOTION NO.667/2023
           By way of present N/M defendant seeks to set aside order dated 11/10/2022 whereby court directed to proceed matter ex-parte.  Defendant further seek to condone the delay of 179 days.
            Heard both the sides.  The reason for delay putforth is business of defendant and his being out of station frequently.  So also reason of his not keeping well on certain occasion is pleaded but without any proof.
            The reasons given can not be said sufficient for causing delay. However, Ld.Adv. for plaintiff submits that he would have no objection if motion is allowed subject to imposing reasonable cost.
             Considering the period of delay caused and reasons for the same, I find it just and proper to allow the N/M, subject to cost of Rs.5,000/- (Rupees Five Thousand Only).  Cost be paid to Legal Aid within two weeks from this order.  Hence, N/M No.667/2023 is disposed of accordingly.
    Adv. for plaintiff tendered draft Summons for Judgment along with affidavit.
    O-Leave is granted to register the Summons for Judgment.
    Plaintiff to file affidavit of service of SJ on next date.
    Matter is adj to 28/03/2023 for affidavit of service of SJ.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    No affidavit of service is filed.
    Matter is adj as a last chance to 18/07/2023 for affidavit of service.
    Later on at 4.06pm
    Adv.Sanjay Chaturvedi for plaintiff present.   He filed application for extension of time for registering the draft SJ (Exh--).
    Order-Application allowed, time is extended by two weeks.
    Matter is adj as a last chance to 18/07/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Sanjay P. Chaturvedi for plaintiff is present and tendered registered Summons for Judgment No. 122/23 along with affidavit in support.
    Adv. Darshan Bafna i/b Adv. Tushar Goradia for defendant is present and stated that copy of SJ no. 122/23 is received and acknowledged on SJ.
    Matter is adj to 09.10.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Representative of plaintiff is present.
    Adv. Sanjay P. Chaturvedi for plaintiff is present.
    Adv. Parichehu Zaiwalla for defendants is present and requested for adjournment.
    Order below Exh-1
    It is appearing that the defendants counsel has received the copy of the SJ on 16.07.2023, but the defendant failed to seek leave to defend the suit within 10 days. Hence, suit to proceed without reply of SJ.
    Matter is adj to 19.12.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    As court is busy in dictating judgment in Suit No. 5335/07, remaining board is discharged. Parties are liberty to file applications and documents, if any.
    Matter is adj to 06.05.2024 for hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-05-2024
    
    Date: 06-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Court is busy in dictating judgment in Suit No. 8646/99 and summons for judgment No.56/05, 57/05, 420/05, 421/05, 440/05 and 443/05 . Hence, today\''s board is discharged. Parties are liberty to file applications, notice of motion and affidavits, if any.
    Matter is adj to 28.06.2024 for filing original documents and  hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-06-2024
    
    Date: 28-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay Chaturvedi for plaintiff is present and filed original documents along with list. Taken on record. It is marked as Exh-6.
    Adv. Sneha Mahawar i/b Adv. Tushar Goradia for defendant is present.
    The plaintiff is directed to serve copy of document to the defendant.
    Matter is adj to 02.08.2024 for hearing on Summons for judgment without reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Vandit Joshi i/b Tushar Goradia for defendant is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 06.09.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay P. Chaturvedi for plaintiff is present.
    Adv. Vrushali Agrawal for defendant is present.
    Keep back.
    Later on at 1.05 pm
    Adv. Sanjay P. Chaturvedi for plaintiff is present and filed written notes of argument of Summons for judgment. Taken on record. Copy served to other side.
    Adv. Vrushali Agrawal for defendant is present and requested for adjournment. Adjournment is granted as last chance.
    Heard counsel for plaintiff on Summons for judgment.
    Matter is adj to 27.09.2024 for hearing on Summons for judgment by defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay Chaturvedi for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 12.59 pm
    Adv. Sanjay Chaturvedi for plaintiff is present.
    Adv. V. Joshi for defendant is present and filed draft Notice of Motion to set aside order dated 09.10.2023 along with affidavit in support and leave to defend the suit. O-Leave is granted to register the draft Notice of Motion. Copy served on other side.
    Matter is adj to 21.10.2024 for filing registered notice of motion and reply to it.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Vijay Mehta, representative of plaintiff is present and filed reply to notice of motion. Taken on record. Copy is served on other side.
    Adv. Vrushali Agrawal for defendant is present and filed an application for extension of time to register the draft notice of motion. Taken on record. It is marked as Exh-6. O-Allowed. Time is extended.
    Matter is adj to 03.12.2024 for filing registered notice of motion and hearing on notice of motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2024
    
    Date: 03-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay P. Chaturvedi for plaintiff is present.
    Adv. Vrushali Agrawal for defendant is present and filed registered Notice of Motion No.4984/24 along with affidavit in support.
    Matter is adj to 18.12.2024 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: Adv. Sanjay Chaturvedi for plaintiff is present.
    Adv. Vrushali Agarwal for defendant is present.
    Heard both parties counsel on Notice of Motion.
    Matter is adj to 04/01/2025 for order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-01-2025
    
    Date: 04-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Dipsy Sequeira for defendant is present.
    FRSR following order is passed on NM No.4984/24
    Order
    1.Notice of Motion No. 4984/2024 is allowed.
    2.Delay of 429 days to file reply to summons for judgment stands condoned subject to costs of Rs. 3,000/- to be paid to the plaintiff or deposit in the Court within a week.
    3.After complying direction of costs, reply to summons for judgment/leave to defend the suit of said defendant be taken on record.
    4.If defendant fails to comply said order then summons for judgment will be listed for order.
    5.Notice of Motion  No. 4984/2024 is disposed off  accordingly.
    Matter is adj to 20.02.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff in person is present.
    Adv. Yash Sinha for defendant is present.
    kept back.
    later on 01 53 pm.
    Plaintiff in person is present present and filed pursis intimating that cost is Rs.3000/- is received. Taken on record. It is mark as Exh.07.
    Advocate for defendant present.
    Defendant has paid cost. Hence his reply to summons for judgment is taken on record.
    Matter is adj  17.03.2025 to for filing orginal docuemnt and hearing on summons for judgment.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: Court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-04-2025
    
    Date: 15-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for plaintiff is present.
    Adv. for defendant is present.
    kb
    later on
    Adv. for plaintiff is present.
    Adv. for defendant is present.
    Matter is adj to 23-04-2025 for Hearing on S/J by defendant..
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-04-2025
    
    Date: 23-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay P. Chaudhari for plaintiff is present.
    Adv. Karan Aiya i/b Adv. Tushar Goradia for defendant is present and filed adjournment application. TOR and marked as Exh-9. O-Adjournment is granted as last chance. If defendant fails to argue on the next date, matter will be adjourned for order on Summons for judgment.
    Matter is adj to 29.04.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-04-2025
    
    Date: 29-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay Chaturvedi for plaintiff is present.
    Adv. for defendant is present.
    Keep back.
    Later on at 1.48 pm
    Adv. Sanjay Chaturvedi for plaintiff is present.
    Adv. Karan Aiya for defendant is present.
    Heard both sides on Summons for judgment
    Matter is adj to 09.05.2025 for Order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 09-05-2025
    
    Date: 09-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sanjay Chaturvedi for plaintiff is present.
    Adv. Karan Aiya i/b Adv. Tushar Goradia for defendant is present.
    FRSR following order is passed on SJ No.122/23
    Order
    1)Summons for judgment No.122/2023 in Summary Suit No. 571/2020 is disposed off as follows
    (a) Leave to defend the suit is granted to the defendant subject to condition that he shall deposit 50 percent of principal amount within 60 days from the date of this order.
    (b) The defendant will be at liberty to file his written statement on record within 30 days after depositing amount.
    2)After depositing amount by the defendant, it be deposited in fixed deposits in any Nationalized bank as per law till further orders.
    3)No order to costs.
    4)Summons for judgment No.122/2023 is disposed off accordingly.
    Matter is adj to 09.07.2025 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-07-2025
    
    Date: 09-07-2025
    Business: P.O.IS LEAVE
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2025
    
    Date: 26-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE(C. R. NO.81)
    Adv. Sanjay Chaturvedi for plaintiff is present and filed pursis along with non-deposit certificate. TOR and marked as Exh-10 and 11 respectively.
    Adv. Karan Aiya i/b Adv. Tushar Goradia for defendant is present.
    Matter is adj to 18.09.2025 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 18-09-2025
    
    Date: 18-09-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Vivek Vyas i/b Adv. Tushar Goradia for defendant is present.
    Judgment is marked as Exh-12.
    FRSR following order is passed
    Order
    1)Summary Suit No. 571 of 2020 is hereby decreed with the costs.
    2)The defendant shall pay an amount of Rs.19,63,000/- (Rupees  Nineteen Lakhs Sixty Three Thousand only) to the plaintiff.
    3)The defendant shall pay to the plaintiff simple interest on Rs.13,00,000/- at the rate of 7 percent p.a. from 15/09/2020, 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: 18-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104558/2020
    Filing Date: 15-09-2020
    First Hearing Date: 23rd February 2021
    Decision Date: 18th September 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Sept 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010041332020 Presented on 15/09/2020 Registered on 18/12/2020 Decided on 18/09/2025 Duration 05Y: 00M: 03D Exhibit 12 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 571 OF 2020 Harsha Vijay Mehta ] Age 64 years, Occ: Service, having address ] at 26 Sudarshan Building, 22, L. D. Ruparel ] Marg, Malbar Hill, Mumbai-400 006. ] And ] at present residing at 603, Kavita ] Building, R. B. Mehta Marg, Ghatkopar ] East,…

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