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SUMMARY CIVIL SUIT - SUMMARY SUIT

Shripal Shantilal JainVsAmrutlal Damji Shah

CNR MHCC01004302201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 16th July 2024

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100875/2018
Registration Date
24 Aug 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 19-10-2018
    Business: Adv.Ms. Survana Gambir for Plaintiff
    Adv.  for Defendant
    Adv for plaintiff has filed application for extension of time to serve the writ of summons upon the defendant. O- time is extended.
    Matter is adjd. to 05/02/2019  for report.
    Next Purpose: REPORT
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Adv. Aishwarya Poojari for Plaintiff present.
    Adv. Harshil Panchal for Defendant present and filed vakalatnama, TOR.
    Advocate for plaintiff has filed affidavit of service, TOR.
    Matter is adjd. to 11/03/2019 for Filing S/J.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-03-2019
    
    Date: 11-03-2019
    Business: Adv. Suvarna Gambhir for Plaintiff present.
    Adv. Harshal Panchal  for Defendant present.
    Advocate for plaintiff has filed draft S/J alongwith affidavit, TOR.
    Order  Leave is granted to register the S/J.
    Matter is adjd. to 15/04/2019 for S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Adv for plaintiff Ms.Poojari present
    Adv for defendant Mr.Harshil Panchal present
    Adv for plff tendered registered S/J 128/19
    Adv for deft filed reply to S/J
    Matter is Adjd for S/J Hearing to 04/07/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. Jain for plaintiff
    Adv. for Harshial panchal for Defendant.
    Adjd for hearing on 24/7/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-07-2019
    
    Date: 24-07-2019
    Business: Adv. Yashpal jain for plaintiff.
    Adv.Harshi for defendant by consent Adjourned for S.J Hearing on 30/08/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-08-2019
    
    Date: 24-07-2019
    Business: Adv. Yashpal jain for plaintiff.
    Adv.Harshi for defendant by consent Adjourned for S.J Hearing on 30/08/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Adv. Yashpal jain for plaintiff.
    Adv. Panchal for defendant. copy of rejoinder supplied to
    defendant.
    Affidavit in rejoinder filed by Adv for plaintiff. Copy be serve to
    other side.
    Adjourned for SJ hearing to 01/10/2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Adv. Yashpal Jain for plaintiff present.
    Adv. Dharmesh Jain for deft. Present.
    Heard argument of plaintiff on SJ.
    Adjd. for argument of deft on SJ to 05.10.2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-10-2019
    
    Date: 01-10-2019
    Business: Adv. Yashpal Jain for plaintiff present.
    Adv. Dharmesh Jain for deft. Present.
    Heard argument of plaintiff on SJ.
    Adjd. for argument of deft on SJ to 05.10.2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Survana Gambhir for plaintiff present.
    Adv. Dharmesh Jain for deft. Present.
    Ld counsel for deft has submitted that there are chances of settlement and initial talks are going on between the parties. Therefore, adjd. to 07.11.2019  for SJ argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-11-2019
    
    Date: 07-11-2019
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Sobiya Shaikh for plaintiff.
    Adv. Panchal for defendant.
    On request of Adv for both the parties Adjd to 21/12/2019 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Court is on leave.
    Matter adjd to 14/01/2020 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 21-12-2019
    Business: Court is on leave.
    Matter adjd to 14/01/2020 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Suvarna for plaintiff.
    Adv. Panchal for defendant.
    By consent adjd to 01.02.2020 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2020
    
    Date: 14-01-2020
    Business: Adv. Suvarna for plaintiff.
    Adv. Panchal for defendant.
    By consent adjd to 01.02.2020 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Abdulla for plaintiff
    Adv. Harshid Panchal for defendant
    On the request of plaintiff adjd for arguments to 21-03-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-03-2020
    
    Date: 01-02-2020
    Business: Adv. Abdulla for plaintiff
    Adv. Harshid Panchal for defendant
    On the request of plaintiff adjd for arguments to 21-03-2020
    Next Purpose: ARBITRATION
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: As per office order no. 66/2020 Board is Discharge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-09-2020
    
    Date: 21-03-2020
    Business: As per office order no. 66/2020 Board is Discharge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-10-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: PO is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Yashpal jain for plaintiff
    Adv. Yash mehta for defendant
    Heard arguments on behalf of plaintiff.
    Adjd for arguments on behalf of defendant to 09-04-2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-04-2021
    
    Date: 24-03-2021
    Business: Adv. Yashpal jain for plaintiff
    Adv. Yash mehta for defendant
    Heard arguments on behalf of plaintiff.
    Adjd for arguments on behalf of defendant to 09-04-2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: As per office order 64 of 2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-06-2021
    
    Date: 09-04-2021
    Business: As per office order 64 of 2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-10-2021
    
    Date: 16-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv Shripal Shah present for the plaintiff.
    Adv Tejas Mahamuni present for the defendant.
    Matter is adjd to 09.12.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-12-2021
    
    Date: 28-10-2021
    Business: Adv Shripal Shah present for the plaintiff.
    Adv Tejas Mahamuni present for the defendant.
    Matter is adjd to 09.12.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: P. O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-01-2022
    
    Date: 09-12-2021
    Business: P. O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv. Monalasia h/f shah  for plaintiff present.
    None for the defendant.
    Matter is adjd. to 07-03-2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv.  Jain for plaintiff present.
    Adv. Bane for defendant.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5- Adv. for Defendant filed Vakalatnama. TOR
    Matter is adjd. for SJ argument to 04-04-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-04-2022
    
    Date: 07-03-2022
    Business: Adv.  Jain for plaintiff present.
    Adv. Bane for defendant.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5- Adv. for Defendant filed Vakalatnama. TOR
    Matter is adjd. for SJ argument to 04-04-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Advocate Mr. Jain for plaintiff present.
    Advocate Ms. Sangita for defendant present.
     kb
    Later on
    Heard SJ argument of both side.
    Matter is adjd. for SJ order to 16-04-2022.
    Next Purpose: ORDER
    Next Hearing Date: 16-04-2022
    
    Date: 04-04-2022
    Business: Advocate Mr. Jain for plaintiff present.
    Advocate Ms. Sangita for defendant present.
     kb
    Later on
    Heard SJ argument of both side.
    Matter is adjd. for SJ order to 16-04-2022.
    Next Purpose: ORDER
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: PO is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 30-04-2022
    
    Date: 16-04-2022
    Business: PO is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 30-04-2022
    
    Date: 30-04-2022
    Business: None present.
    kb
    Due to paucity of time.
    Matter is adjd.  for SJ Order to 02-05-2022.
    Next Purpose: ORDER
    Next Hearing Date: 02-05-2022
    
    Date: 30-04-2022
    Business: None present.
    kb
    Due to paucity of time.
    Matter is adjd.  for SJ Order to 02-05-2022. None present.
    kb
    Due to paucity of time.
    Matter is adjd.  for SJ Order to 02-05-2022.
    Next Purpose: ORDER
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-06-2022
    
    Date: 02-05-2022
    
    Date: 06-06-2022
    Business: None present for both parties.
    Adjd to 15/06/2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Adv. Chandani h/f Adv. Yashpal Jain for Plaintiff present.
    None present for defendant.
    Adjd to 03/10/2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: As court is vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Adv.Cahndani Gupta present for plaintiff, she submitted that the plaintiff has not complied the order passed by this court SJ No. 128/19 hence, proceed ex-parte against the defendant.
    None for defendant.
    Matter stands adjourned for ex-parte evidence on 25-08-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv.Yaspal Jain present for plaintiff.
    Adv.Sneha Maljari present for defendant.
    KB
    L.O. at 12.35 pm.
    Adv.Yaspal Jain present for plaintiff, tendered Compilation of original documents TOR marked as Exh.7.
    Matter stands adjourned for Exhibiting on Documents
    on 20-09-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: aAdv. Yashpal Jain for plaintiff present.
    Adv. Pariket Shah for defendant present.
    Heard learned advocate for plaintiff.
    Matter stands adjourned to 05.10.2023 for further argument/order.
    Later on at 2.58 p.m.
    Adv. Pariket Shah for defendant present. He tendered draft NM
    alongwith affidavit in support.
    O-Leave granted to register.
    Matter adjourned to 05.10.2023 for NM service/reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv.Jessica Dharmadhikari present for plaintiff.
    Adv.Sneha Wani present for defendant, she prayed for extension of time for NM register, O-Allowed.
    Copy served to the defendant.
    Matter stands adjourned for reply 23-11-2023.
    L.O. at 12.45 pm.
    Adv. Yashpal Jain present for plaintiff.
    Matter is already stands adjourned for reply 23-11-2023.
    Next Purpose: REPLY
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Adv.Chandani Gupta for plaintiff, tendered reply to NM. 4325/23 TOR.
    Adv.Pariket Shah present for defendant, tendered original registered NM No.4325/23 TOR.
    Copy served to other side.
    Matter stands adjourned for NM hearing on 24-01-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Chandani Gupta present for plaintiff.
    Adv. Pariket Shah present for defendant.
    KB
    L.O. at 1.00 pm.
    Adv. Chandani Gupta present for plaintiff.
    Adv. Pariket Shah present for defendant.
    Matter stands adjourned for Notice of Motion hearing
    on 14-03-2024 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Adv. Yashpal Jain present for plaintiff.
    Adv. Pariket Shah present for defendant.
    Heard.
    F.R.S.R. following order is passed on Notice of Motion No.4325/23-
    ORDER
    1.Notice of Motion No.4325 of 2023 in Summary Suit No.875 of 2018, is hereby dismissed.
    2.Notice of Motion is disposed of accordingly.
    (Order dictated and pronounced in open Court)
    Matter stands adjourned for Ex-parte evidence on 16-04-2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: Adv. Yaspal Jain present for plaintiff.
    Adv.Pariket Shah present for defendant, tendered Draft Notice of Motion along with affidavit TOR.
    O-Leave granted to register.
    Copy served to the other side.
    Matter stands adjourned for Notice of Motion reply on 09-05-2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: Adv.Yaspal Jain present for plaintiff.
    Adv.Pariket Shah present for defendant, tendered adjournment application TOR marked as Exh.08. No sufficient reason has mentioned, hence application Exh.08 stands rejected.
    Defendant failed to get register the Notice of Motion and tender, hence, put up for Notice of Motion dismissal.
    Matter stands adjourned for Notice of Motion dismissal/ Ex-parte
    hearing on 14-08-2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: By Praecipe Exh.9.
    Adv. Yashpal Jain present for plaintiff, submitted that to preponed the date.
    Adv. Pariket Shah for defendant.
    By consent date is preponed to 16-07-2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-07-2024
    
    Date: 16-07-2024
    Business: Adv. Yaspal Jain present for plaintiff, tendered reply on the overleaf of Notice of Motion.
    Adv. Pariket Shah present for defendant, tendered VP TOR marked as Exh.10.
    He also tendered original register Notice of Motion No.2112/24  TOR.
    He also tendered citations TOR.
    Heard both sides.
    F.R.S.R. following order is passed on Notice of Motion No.2112/24-
    ORDER
    1.Notice of Motion No.2112 of 2024 in Summary Suit No.875 of 2018, is hereby dismissed.
    2.Notice of Motion is disposed of accordingly.
    (Order dictated and pronounced in open Court)
    F.R.S.R. following order is passed-
    Judgment Exh.11
    ORDER
    1.Summary Suit No.875 of 2018, is hereby partly decreed with costs.
    2.Plaintiff do recover an amount of Rs.20,00,000/- from the defendant alongwith interest at the rate of 9 percent per annum from 17/11/2014, till the recovery of entire amount.
    3.Court fees, if any, be refunded as per rule.
    4.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 16-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104698/2018
    Filing Date: 31-03-2018
    First Hearing Date: 19th October 2018
    Decision Date: 16th July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    16 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary Suit No.875/2018 MHCC010043022018 Presented on : 31/03/2018 Registered on : 24/08/2018 Decided on : 16/07/2024 Duration : 06Y 03M 17D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT-11 SUMMARY SUIT NO.875 OF 2018 (CNR – MHCC01-004302-2018) Shripal Shantilal Jain, An adult Indian Inhabitant of Mumbai, having address at 303, Swamivatsalya Bldg., T. B. Kadam Marg, Chinchpokali, Mumbai 400 033. ] ] ] ] ] ..Plaintiff Vs. Amrutlal Damji Shah, an…

    Read Full Order
    Order 1Full order available
    16 Jul 2024

    Order Details: Other Pdf Text: ..1.. Summary Suit No.875/2018 MHCC010043022018 Presented on : 31/03/2018 Registered on : 24/08/2018 Decided on : 16/07/2024 Duration : 06Y 03M 17D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON EXHIBIT-11 SUMMARY SUIT NO.875 OF 2018 (CNR – MHCC01-004302-2018) Shripal Shantilal Jain, An adult Indian Inhabitant of Mumbai, having address at 303, Swamivatsalya Bldg., T. B. Kadam Marg, Chinchpokali, Mumbai 400 033. ] ] ] ] ] ..Plaintiff Vs. Amrutlal Damji Shah, an…

    Read Full Order

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