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SUMMARY CIVIL SUIT - SUMMARY SUIT

Hemant Rasiklal DaveVsAlpesh Mansukh Bhanusali

CNR MHCC01004342202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 06th May 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100384/2020
Registration Date
16 Oct 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: 21-12-2020
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 13
    Nobody present.
    Adjd. to 13-04-2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: REPORT
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: P.O. is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Ex.02   Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
    Matter adjd for exparte order to 26-10-2021.
    Next Purpose: ORDER
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Vaishali Chavan for plaintiff present.
    None for defendant.
    Order below Ex. 1 -
    Defendant was duly served as per EX. 2.  But failed to appear. Hence, to proceed exparte against defendant.
    Matter adjd for Exparte evidence to 07.12.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Exh.03- Claim affidavit. O-read and recorded.
    Exh.04 - List of documents. O-be filed.
    Matter Adjd for exhibiting the documents on 02/02/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR___________________
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Heard Ld. Advocate for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exh.05 - Promissory note dt.15/04/2019
    Exh.06 - Legal Notice dt.19/12/2019
    Exh.07 - Cheques dt.20/01/2020.
    Exh.08 - Advocate\''s letter dt.08/02/2020.
    Article A - Photocopy of Money lending licence.
    Article B - Photocopy of form No.8.
    Article C - Photocopy of books  of account.
    Exh.09 - Evidence closing pursis. O-seen.
    Matter Adjd for Ex-parte argument on 18/04/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Heard final argument by advocate for plaintiff.
    Matter Adjd for ex-parte judgement on 06/05/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 06-05-2022
    
    Date: 06-05-2022
    Business: Adv. Vaishali Chavan for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.384 of 2020 is passed-
    ORDER
    1. The Summary suit no.384 of 2020 is decreed with costs.
    2. Defendant shall pay amount of Rs.1,38,996.16/-(Rupees  One Lakh Thirty Eight Thousand Nine Hundred Ninety Six and Sixteen Paise only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.1,20,000/-(Rupees One Lakh Twenty Thousand Only) from the date of filing suit till its actual realisation.
    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: 06-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104776/2020
    Filing Date: 03-10-2020
    First Hearing Date: 21st December 2020
    Decision Date: 06th May 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 May 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010043422020 Presented on 03-10-2020 Registered on 16-10-2020 Decided on 06-05-2022 Duration Yrs. M. Days 01 07 03 CNR No. MHCC010043422020 EXH.10 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.384 OF 2020 HEMANT RASIKLAL DAVE of Mumbai an adult Indian inhabitant, having his address at B/201, Odhavram Apartment, Near S. V. M. School, New Maniklalu Bhatwadi, Ghatkopar, Ghatkopar (West), Mumbai – 400 086. ...Plaintiff. V/s. ALPESH MANSUKH BHANUSALI age and full name…

    Read Full Order

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