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SUMMARY CIVIL SUIT - SUMMARY SUIT

Savita Hasmukh SuranaVsChetan Motilal Jain +1 more

CNR MHCC01004266202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 13th April 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100018/2021
Registration Date
06 Jan 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 02-03-2021
    Business: Adv. Mr. Manoj G. Agre for plff. present.
    Adv. for the plff. filed an affidavit of service t.o. r. marked as
    Exh 02.
    None appeared for the deft.
    Matter is adjd for direction on 07.04.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Matter adjd for directions on 03.07.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: In view of Cirular no.106/2021 dated 14/6/2021, all courts shall remain closed on every Saturday, hence matter of 03.07.2021 is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 25.10.2021 for Directions
    Next Purpose: DIRECTIONS
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court is vacant
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv Ujwala for plaintiff present.
    None for defendant.
    Matter is adjd to  07.03.2022 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: As PO is on training.  Hence, matter adj. to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Mr. Manoj Angre for Plaintiff present.
    The affidavit of service is already filed.  The Sheriff\''s Report reveals that Defendant Nos. 1 and 2 are served with Writ of Summons on 18/01/2021.  However, till date Defendants have not caused appearance.  Hence, matter to proceed ex-parte.
    Matter adjourned to 18/08/2022 for filing Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Manoj Agre for Plaintiff present and seeks time to file ex-parte evidence.  Time granted as prayed for.
    None for Defendant.
    Matter adjourned to 20.10.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Plaintiff present (Savita Surana)
    Adv.Manoj Agre for plaintiff present.   He filed affidavit of evidence (Exh-3) along with list of document (Exh-4).
    Adv. for plaintiff filed certificate u/s 65(B) of Evidence Act (Exh-5)
    Following documents are marked exhibit as under.
    Office copy of the Invoice No.12848 dated 05.10.2018,   Invoice No.13865 dated 19.10.2018,  Invoice No.14415 dated 27.10.2018,  Invoice No.14838 dated 2.11.2018,  Invoice No.15100 dated 06.11.2018,  Invoice No.15324 dated 10.11.2018,  Invoice No.16314 dated 24.11.2018,  Invoice No.16421 dated 27.11.2018,  Invoice No.16912 dated 04.12.2018,  Invoice No.17401 dated 11.12.2018,  Invoice No.17911 dated 18.12.2018.  (Exh-6 colly)
    Ledger Account of defendant maintained by the plaintiffs in their book of account. (Exh-7)
    Dishonored Cheque No.253778 dated 27.01.2019 with dishonor memo. (Exh-8)
    Dishonored Cheque No.617381 dated 31.05.2019 with dishonor memo. (Exh-9)
    Notice dated 16.03.2019 (Exh-10)
    Notice dated 14.08.2019 along with acknowledgement of the said notices. (Exh-11)
    Notice dated 16.10.2019 along with the acknowledgement.  (Exh-12)
    Notice dated 20.01.2020 along with the acknowledgement.  (Exh-13)
    Notice dated 22.06.2020 along with the acknowledgement.  (Exh-14)
    Matter is adj to 07/12/2022 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: None for plaintiff.
    Matter is adj to 14/02/2023 for ex-parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: None for plaintiff.
    No argument in advance.
    Matter is adj to 13/04/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Adv.Manoj Agre for plaintiff present.
    None for defendant (Ex-parte).
    Heard Ld.Adv. for plaintiff.
    F.R.S.R following order is passed.
    ORDER
    A .Summary Suit No. 18/2021 is partly allowed with costs.
    B.Defendants shall jointly and severally pay an amount of Rs. 1,05,915/-(Rupees One Lakh Five Thousand Nine Hundred Fifteen only) to the plaintiff along with interest at the rate of 12percent p.a. from the date of filing of the suit i.e. 29-09-2020 till realization of entire amount.
    C. Court Fees be refunded to the plaintiff, as per rules.
    D.Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 13-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104739/2020
    Filing Date: 29-09-2020
    First Hearing Date: 02nd March 2021
    Decision Date: 13th April 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Apr 2023

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010042662020 Presented on 29-09-2020 Registered on 06-01-2021 Decided on 13-04-2023 Duration Yrs. M. Days 02 06 14 EXHIBIT- 15 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY IN SUMMARY SUIT NO. 18 OF 2021 Savita Hasmukh Surana, Age: 54 years, Indian Inhabitant, Proprietress of Manoj Enterprises, having her address at Shop No. 11, Building No. 18, Harharwala Building, N.M. Joshi Marg, Mumbai-11. ...Plaintiff VERSUS 1. Chetan Motilal Jain, An adult,…

    Read Full Order

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