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SUMMARY CIVIL SUIT - SUMMARY SUIT

Farouk Sodagar Darvesh and Co. Pvt ltdVsB. E. Billimoria and Co Ltd

CNR MHCC01004372201882-Court 82 Adhoc and Addl Sessions Judge
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100502/2018
Registration Date
17 Apr 2018
Next Hearing Date
13 Oct 2026
Case Stage
RECORDING EVIDENCE

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 09-07-2018
    
    Date: 04-09-2018
    
    Date: 27-09-2018
    
    Date: 19-11-2018
    
    Date: 11-02-2019
    
    Date: 07-03-2019
    
    Date: 02-05-2019
    
    Date: 02-05-2019
    
    Date: 12-06-2019
    
    Date: 10-07-2019
    
    Date: 10-07-2019
    
    Date: 27-08-2019
    
    Date: 27-08-2019
    
    Date: 04-10-2019
    
    Date: 25-11-2019
    
    Date: 25-11-2019
    
    Date: 21-01-2020
    
    Date: 21-01-2020
    
    Date: 04-03-2020
    
    Date: 31-03-2020
    
    Date: 17-04-2020
    
    Date: 06-05-2020
    
    Date: 28-05-2020
    
    Date: 28-05-2020
    
    Date: 15-06-2020
    
    Date: 03-08-2020
    
    Date: 14-10-2020
    
    Date: 14-10-2020
    
    Date: 22-01-2021
    
    Date: 06-04-2021
    
    Date: 26-07-2021
    
    Date: 04-10-2021
    
    Date: 29-11-2021
    
    Date: 13-01-2022
    
    Date: 17-03-2022
    
    Date: 22-06-2022
    
    Date: 20-08-2022
    
    Date: 01-11-2022
    Business: Adv.Pandey for plaintiff present.   He tendered draft Summons for Judgment alongwith affidavit.
    O-Leave is granted to register the Summons for Judgment.
    Adv.Pankaj Dahiwadkar for defendant  present.
    Matter is adj to 05/01/2023 for reply on SJ.
    Next Purpose: REPLY
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: Adv.Pandey for plaintiff present.  He tendered registered SJ No.335/2022 along with affidavit. T.O.R
    Adv. for defendant present.   He filed reply to SJ.  T.O.R
    He submits that reply is prepared on the basis of unregistered SJ.
    Copy of registered SJ served to the defendant today.
    Matter is adj to 21/02/2023 for rejoinder, if any.
    Next Purpose: REJOINDER
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv.Mitesh Pandey for plaintiff present.
    None for defendant.
    Adv.Pandey for plaintiff seeks time to file rejoinder to SJ.
    Time granted.
    Matter is adj to 12/04/2023 for rejoinder to SJ.
    Next Purpose: REJOINDER
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Nitesh Pandey for plaintiff present.  He tendered original writ of summons.
    None for defendant.
    Adv.Pandey for plaintiff seeks time to file rejoinder to SJ.
    Time granted as a last chance.
    Matter is adj to 05/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Pandey for plaintiff present and praying for adjournment.
    Adv. Dahibhaukar for defendant present and he has no objection for grant of adjournment.
    Matter is adj to 12.10.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Nitesh Pandey for plaintiff is present.
    Adv. Pankaj Dahibavkar for defendant is present.
    Both parties are praying for adjournment making submission that compromise talk is going on between the parties.
    Matter is adj to 29.01.2024 for  SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-01-2024
    
    Date: 29-01-2024
    Business: P.O.is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Clerk of advocate is present and submitted that counsel for plaintiff is not keeping well.
    The defendant and his counsel are absent.
    The matter is old. The plaintiff is given last chance to file original documents.
    Matter is adj to 05.04.2024 for filing original docs. and hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitish Pandya for plaintiff is present and requested for adjournment for filing original documents.
    Adv. Tushar Dahibhavkar for defendant is present.
    On perusing record, it appears that matter is pending for hearing on Summons for judgment since more than one year. The plaintiff was given last chance to file the original documents. However, the plaintiff failed to file original documents. The matter is adjourned subject to costs of Rs.1,000/- to the defendant withing 15 days from the date of order. If plaintiff fails to file original documents on next date, matter will be listed for dismissal order.
    Matter is adj to 19.04.2024 for filing original documents and hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-04-2024
    
    Date: 19-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present and paid costs of Rs.1,000/- to the counsel for defendant. He requested for adjournment.
    Adv. Sushant Dhahibhavkar for defendant is present.
    The matter is old. The plaintiff has complied the direction of costs. However, failed to file the original documents. Hence, matter is kept for dismissal order.
    Matter is adj to 04.05.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mitan B. Shah i/b Vaibhav Mehta and Associates for plaintiff is present and filed an adjournment application on the health issue of advocate on record. Taken on record. It is marked as Exh-6. O-other side. Say filed by the counsel for the defendant on overleaf of application Exh-6
    Adv. for defendant is present.(appearance is not given)
    Order below Exh-6
    Perused application and say of counsel of the defendant. Heard both sides. The counsel for the defendant has objected for adjournment. On persing record, it appears that the plaintiff was given last chance to file original documents on 07.03.2024. However, till date the plaintiff has failed to file original documents. Even on last date, matter was adjourned subject to costs. The plaintiff is seeking adjournment on the ground of health issue of advocate on record. Hence, considering reason mentioned in the application, the matter is adjourned subject to costs of Rs.2000/- to be paid to the defendant. Further, the plaintiff to take steps without fail on the next date.
    Matter is adj to 27.06.2024 for filing original documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present and paid the costs of Rs.2,000/- to the counsel for the defendant. He further submitted that original documents are not traceable and he is ready to argue on summons for judgment without filing original documents.
    Adv. Tushar Dahibawkar i/b Dahibawkar and Co. for defendant is present.
    Matter is adj to 26.07.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present.
    Adv. Varun Kesharia for defendant is present.
    At the request of both counsels, matter is adj to 19.08.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-08-2024
    
    Date: 19-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present and requested for adjournment. Adjournment is granted.
    Adv. Pankaj Dahibhavkar for defendant is present.
    By consent, Matter is adj to 04.09.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present.
    Adv. Pankaj Dahibhavkar for defendant is present.
    Both counsel requested for adjournment. Adjournment is granted.
    Matter is adj to 18.10.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present and requested for adjournment. Adjournment is granted
    Adv. Tushar V. Dahibawkar i/b M/s Dahibawkar and Co. for defendant is present.
    Matter is adj to 28.11.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present and filed an adjournment application. Taken on record. It is marked as Exh-7. Adjournment is granted as last chance.
    Adv. for defendant is present.
    Matter is adj to 10.01.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-01-2025
    
    Date: 10-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Tushar V. Dahibhwkar i/b M/s Dahibawkar and Co. for defendant is present.
    Plaintiff was given last chance to argue on Summons for judgment. The plaintiff failed to argue. Hence, matter is kept for dismissal of Summons for judgment.
    Matter is adj to 15.02.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-02-2025
    
    Date: 15-02-2025
    Business: P. O. is on half day(first session) leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Nitesh Pandey for plaintiff is present and filed application for removal caption of dismissal. Taken on record. It is marked as Exh- 7. O- Allowed. Caption of dismissal is removed. Plaintiff to file original copy of the next date. If, Plaintiff fails to take the steps matter will be listed dismissal.
    Adv. Jay Chavan i/b Dahibhavkar and Co. for defendant is present.
    Matter is adj to 03/04/2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-04-2025
    
    Date: 03-04-2025
    Business: P.O.IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2025
    
    Date: 02-05-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Remaining board is discharged. Parties are liberty to file applications, SJ, NM, reply, and CS, if any.
    Matter is adj to 09.07.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-07-2025
    
    Date: 09-07-2025
    Business: P.O.IS LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-08-2025
    
    Date: 26-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Aditya Trivedi h/f Adv. Dahibavkar for defendant is present.
    Matter is adj to 22.09.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-09-2025
    
    Date: 22-09-2025
    Business: P. O. is on half day leave in first session.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-10-2025
    
    Date: 13-10-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mitan B. Shah i/b M/s Vaibhav Mehta and Associates for plaintiff is present and requested for adjournment. Adjournment is granted.
    The defendant and his counsel are absent.
    Matter is adj to 18.11.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-11-2025
    
    Date: 18-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Tushar V. Dahibawkar i/b M/s Dahibawkar and Co. for defendant is present.
    Plaintiff failed to file original documents. Matter is very old. Hence, matter is kept for dismissal order.
    Matter is adj to 29.11.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-11-2025
    
    Date: 29-11-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Tushar V. Dahibawkar i/b M/s. Dahibawkar and co. for defendant is present.
    Kept back.
    Later on at 12.21 pm.
    The plaintiff and his advocate are absent.
    Adv. Tushar V. Dahibawkar i/b M/s. Dahibawkar and co. for defendant is present.
    Heard advocate for defendant on Summons for judgment.
    Keep back.
    Later on at 3.45 pm
    Adv. Vaibhav Mehta i/b Vaibhav Mehta and Associates for plaintiff is present.
    Heard advocate for plaintiff on Summons for judgment.
    Matter is adj to 15.12.2025 for Order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 15-12-2025
    
    Date: 15-12-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 12.25 pm.
    The plaintiff and his advocate are absent.
    Adv. Tushar Dahibhavkar for defendant is present through video conference.
    FRSR following order is passed on SJ No.335/22
    Order
    1)Summons for judgment No. 335 of 2022 is  disposed of as follows-
    (a)Defendant is granted unconditional Leave to defend the suit and he is at liberty to file written statement on or before next date.
    2)Summons for judgment No. 335 of 2022 is disposed of accordingly.
    Matter is adj to 14.01.2026 for filing written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 14-01-2026
    
    Date: 14-01-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Pankaj Dahibawkar i/b Dahibawkar and Co. for defendant is present.
    Keep back.
    Later on at 12.28.
    Adv. Pankaj Dahibawkar i/b Dahibawkar and Co. for defendant is present and filed written statement. TOR and marked as Exh-8.
    Defendant is directed to serve copy of written statement to the plaintiff.
    Matter is adj to 27.02.2026 for filing draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 27-02-2026
    
    Date: 27-02-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    They are given last chance to file draft issues.
    Matter is adj to 08.04.2026 for filing draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. for defendant is present filed draft issues. TOR.
    Matter is adj to 05/05/2026 for filling draft issues by plaintiff.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 05-05-2026
    
    Date: 05-05-2026
    Business: None present.
    Matter is adj to 02-07-2026 for Taking steps.
    later on at 11.48 pm
    The plaintiff and his advocate are absent.
    Adv Tushar V Dahibawkar i/b m/s Dahibawkar and Co.for defendants is present.
    Matter is adj to 02-07-2026 for draft issues by the plaintiff
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-07-2026
    
    Date: 02-07-2026
    Business: None present.
    Draft Issues are not submitted
    Issues are frame at Exh.9
    Matter is adj to 09-09-2026 for Evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-09-2026
    
    Date: 09-09-2026
    Business: Matter received from C.R.81 as per office order dated  29.06.2026.
    Plaintiff absent. Adv. Nitesh Pandey i/b Vaibhav Mehta and Associates for plaintiff present and sought time for filing evidence affidavit. O- On 02.07.2026 issues are framed and today matter for evidence of the plaintiff, first date, old matter of 2018 short date granted as last chance.
    Matter adjourned to 13.10.2026 for recording evidence.
                                                                                                      Judge
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104743/2018
    Filing Date: 02-04-2018
    First Hearing Date: 09th July 2018
    Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge

    Orders

    2
    Interim Order 1
    02 Jul 2026
    Order Details: Other
    Pdf Text: Exh.9
    IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
    SUMMARY SUIT NO. 502 OF 2018
    Farouk Sodagar Darvesh & Co.Pvt. Ltd. ]...Plaintiff
    V/s. ]
    M/s. B. E. Billimoria & Co.Ltd. ]...Defendant
    CORAM : SMT. VIDYA G. UPADHYE
    C. R. NO. : 81
    DATE : 02/07/2026
    ISSUES
    1] Does the plaintiff prove that they sold and delivered goods worth
    Rs.10,51,457/- to the defendant company ?
    2] Does the plaintiff prove that the defendant agreed to pay the
    amount of Invoices within 60 days from the date of delivery of
    the said goods ?
    3] Does the plaintiff prove that defendant confirmed the account
    balance on 31/05/2014 ?
    4] Does the plaintiff prove that an amount of Rs.15,22,484/- is due
    and payable by defendant including interest calculated at the rate
    of 24% p.a. from 24/04/2015 upto the date of the suit ?
    5] Is the suit within limitation ?
    6] What order and decree ?
    Sd/-
    (Vidya G. Upadhye)
    Adhoc Judge,
    City Civil Court Mazgaon, Mumbai.
    Date: 02/07/2026. Court Room No.81
    -- 1 of 2 --
    -- 2 of 2 --
    Order 1
    02 Jul 2026
    Order Details: Other
    Pdf Text: Exh.9
    IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI
    SUMMARY SUIT NO. 502 OF 2018
    Farouk Sodagar Darvesh & Co.Pvt. Ltd. ]...Plaintiff
    V/s. ]
    M/s. B. E. Billimoria & Co.Ltd. ]...Defendant
    CORAM : SMT. VIDYA G. UPADHYE
    C. R. NO. : 81
    DATE : 02/07/2026
    ISSUES
    1] Does the plaintiff prove that they sold and delivered goods worth
    Rs.10,51,457/- to the defendant company ?
    2] Does the plaintiff prove that the defendant agreed to pay the
    amount of Invoices within 60 days from the date of delivery of
    the said goods ?
    3] Does the plaintiff prove that defendant confirmed the account
    balance on 31/05/2014 ?
    4] Does the plaintiff prove that an amount of Rs.15,22,484/- is due
    and payable by defendant including interest calculated at the rate
    of 24% p.a. from 24/04/2015 upto the date of the suit ?
    5] Is the suit within limitation ?
    6] What order and decree ?
    Sd/-
    (Vidya G. Upadhye)
    Adhoc Judge,
    City Civil Court Mazgaon, Mumbai.
    Date: 02/07/2026. Court Room No.81
    -- 1 of 2 --
    -- 2 of 2 --

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