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SUMMARY CIVIL SUIT - SUMMARY SUIT

Savita Hasmukh SuranaVsM/s. Burnt Crust Hospitality Pvt Ltd

CNR MHCC01004283202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 06th August 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100019/2021
Registration Date
06 Jan 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 02-03-2021
    Business: Adv. Manoj Agre for plaintiff present.
    None for defendant.
    Ex.02   Ld Adv for plaintiff filed affidavit of service t.o.r. O-Seen.
    Matter adjd for exparte order to 07-04-2021.
    Next Purpose: ORDER
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv.Manoj Agare for plaintiff present.
    None for defendant.
    The Hon\''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay in pursuance of directions of the Hon\''ble Bombay High Court which have been issued after taking into account the exponentian surge in Covid-19 cases and the views of stakeholders vide circular dated 05-04-2020 enclosure with the letter no. Insp-I/30/2021, dated 05-04-2021 thereby allowing the restricted functioning of the court has directed as per Officer Order no. 73 of 2021, dated 06-04-2021 to Judicial Officers that Judicial Officers may not pass any adverse order owing to the absence of advocates, parties, witnesses or accused person until further orders.
    Matter adjd for exparte order to 24-06-2021.
    Next Purpose: ORDER
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: P.O. is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv. Manoj Agre for plaintiff present.
    None for defendant.
    Order below Ex. 1 -The defendants were duly served as per Ex. 2, but they failed to appear.  Hence to proceed exparte against them.
    Matter adjd for exparte evidence to 17.12.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: P.O. is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv. Manoj Angre for plaintiff present.
    None present for defendant.
    Plaintiff is present.
    Exh. 03 - Claim affidavit. O-Read and recorded.
    Exh.04 - Compilation of documents. O-be filed.
    Exh.05- Certificate under Section 65 B of Indian Evidence Act.         O-Seen.
    Kb.
    Order on Admissibility of documents
    Exhibit No.
    Serial No.
    Description of document
    Exh. 06 (Colly)
    Serial No.1 to 6
    Invoices (6).
    Exh.07
    Serial No.7
    Ledger account of defendant.
    Exh.08 (Colly)
    Serial No. 8 to 10
    Dishonoured cheques alongwith bank memo.
    Exh.09 (Colly)
    Serial No.11 & 12
    Office copy of notice dt.14/08/2019 and 16/10/2019.
    Exh.10
    Serial No.13
    Office copy of notice dt.20.03.2020 alongwith acknowledgement.
    Exh.11 - Evidence closing pursis. O-seen.
    Matter Adjd for Ex-parte argument on 29/04/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Manoj Agre for plaintiff present.
    None present for defendant.
    Final argument heard.
    Matter Adjd for ex-parte judgment on 06/08/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: Adv. Manoj G. Agre for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.19 of 2021 is passed-
    ORDER
    1. The Summary Suit No.19 of 2021 is decreed with costs.
    2. Defendant shall pay the amount of Rs.1,51,828/-(Rupees    One Lakh Fifty One Thousand Eight Hundred and         Twenty Eight  Only) to the plaintiff alongwith interest at the rate of 9 percent per annum on the principal amount of     Rs.1,16,791/-(Rupees One Lakh Sixteen Thousand Seven Hundred and Ninety One only) from the date of filing suit till its actual realization.
    3. Decree be drawn up accordingly.
    4. Court fee if any be refunded as per rules to the plaintiff.
    5. Judgment is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 06-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104738/2020
    Filing Date: 29-09-2020
    First Hearing Date: 02nd March 2021
    Decision Date: 06th August 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Aug 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010042832020 Presented on 29.09.2020 Registered on 06.01.2021 Decided on 06-08-2022 Duration Yrs. M. Days 01 10 07 CNR No. MHCC010042832020 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.19 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 Builder, N.M. Joshi Marg, Mumbai – 400 011. ...Plaintiff. V/s. M/s. Burnt Crust Hospitality Pvt. Ltd., 1A, Gr. Floor,…

    Read Full Order

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