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SUMMARY CIVIL SUIT - SUMMARY SUIT

MAHAVIR LALCHAND RATHODVsMangesh S. Koshimkar

CNR MHCC01004340202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 21st August 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100423/2020
Registration Date
04 Nov 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 19-01-2021
    Business: Court is on Leave.
    Matter is adjd to 12.03.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff present.
    Matter is adjd to 27.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 12/08/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    Matter is adjd to 23.08.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Court is Vacant.
    Matter is adjd to 08.09.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court is Vacant.
    Next Purpose: REPORT
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Plaintiff absent.
    None for defendant.
    Adv. Ramesh Jain for plaintiff is present.
    Exh-1 Plaint.
    Exh- 2 Vakalatnama.
    Exh- 3 Memorandum of plaintiff\''s registered address.
    Exh- 4 List of document.
    Exh- 5 Adv. For plaintiff has filed affidavit of service.
    O- Defendant failed to appear inspite of due service of summons. Served on 18.03.2021 Hence, suit to  proceed ex-parte against defendant.
    Matter is adjd for Ex-parte evidence to 08.02.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 06/04/2022 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 16/09/2022 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. Jain for plaintiff seeks time to file ex-parte evidence.
    Matter adjd. to 23.11.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Adv.Ramesh Jain for plaintiff present.   He submits that the affidavit of claim is missing from his file.  He submits that documents are ready, hence some time be granted.   In view the reason mentioned, matter is adj to 13/02/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    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 25/04/2019 of Rs.80,000/-        (Exh-8).
    Original copy of demand notice dated 28/11/2019 along with postal records (Exh-9).
    Forms under Bombay Money Lending Act (Exh-10).
    Matter is adj to 25/04/2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for defendant.
    None for defendant (Ex-parte)
    Matter is adj to 24/07/2023 for ex-parte argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    Heard final arguments Ld. Counsel for plaintiff.
    Matter is adj to 21.08.2023 for Ex-parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    FRSR following order is passed
    Order
    1.Summary Suit No. 423 of 2020 is hereby  decreed with costs.
    2.The defendant shall pay an amount Rs.1,00,515.06/-(Rupees One lakh, Five Hundred and Fifteen, and six 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.80,000/- (Rupees  Eighty Thousand only) from  03-10-2020, 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 him.
    5.The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 21-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104777/2020
    Filing Date: 03-10-2020
    First Hearing Date: 19th January 2021
    Decision Date: 21st August 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Aug 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010043402020 Presented on 03-10-2020 Registered on 04-11-2020 Decided on 21-08-2023 Duration 02Y: 10M : 18D Exhibit 11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 423 OF 2020 Mahavir Lalchand Rathod, Age--yrs. of Mumbai, an adult, Indian, Inhabitant, having his address at 140, Pine Bldg. D’lima Street, Dockyard (East), Mumbai-400 010. ...Plaintiff Versus Mangesh S. Koshimkar, age not known of Mumbai an adult Indian inhabitant, working for gain with Mazagaon Dock…

    Read Full Order

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