SUMMARY CIVIL SUIT - SUMMARY SUIT
Mrs. Nisha Purchotam MiraniVsMrs. Radhika Kamal Mirani
CNR MHCC01004410202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 29 Sept 2026
Case Overview
- Registration Number
- 100125/2023
- Registration Date
- 08 Oct 2020
- Next Hearing Date
- 21 Oct 2026
- Case Stage
- CH/S ORDERS
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 03-11-2020
Business: By Precipe,
Adv for Deft Mr.Sandeep Jangam present.
Adv for deft stated that he has received writ of summons on 24.10.2020.
Exh 02 Adv for deft filed VP. T.O.R
Matter is already adjd to 14.12.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: P.O.is on Leave.
Adj to 22.02.2021
Next Purpose: DIRECTIONS
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21. Matter is adjourned.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-04-2021
Date: 01-04-2021
Business: None present.
Matter adjd.for direction to 28/06/2021
L.O. Adv. Shekhawat for plff.present.
Advocate Swati Sawant for deft.present.
Vakalatnama filed by Adv. Shekhawat . t.o.r. marked as Exh.3.
Matter adjd.to 19/04/2021 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 02/08/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Mr. Jagdish Choudhary for plaintiff present.
None present for defendant.
K.B.
L.o
The defendant is absent.
Adv. Mr. Jagdish Choudhary for plaintiff present.
Adjd for filling written statement/order regarding written statement to 20/08/2021.
l.o. at 12.40 pm
Adv. Swati Sawant for defendant present.
Adjd for filling written statement/order regarding written statement to 20/08/2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on Leave.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: Adv.Mr.Jagdish Choudhary i/b.M/s.Raj Legal for plaintiff present.
Adv.Swati Sawant for defendant present.
The defendant has filed written statement. The Ld.Adv. for the plaintiff submitted that he has no objection to accept the written statement on record. Hence, written statement is t.o.r. and marked as Exh.4. Copy of written statement is furnished to the plaintiff. Endorsement to that effect is made by plaintiff.
Matter adjd to 05.10.2021 for statement of truth and admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: Plaintiff present.
Adv.Ranvir Shekhavat present for plaintiff.
None present for defendant.
On oral request matter adjourned for statement of Trust and admission and denial.
Matter adjd to 26.10.2021 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Adv. Jagdish Choudhary present for plaintiff.
Adv. Swati Sawant present for defendant.
On oral request the KB for filing admission and denial.
LO at 12.15 p.m.
Same appearance.
Kamal Mirani C.A for the plaintiff present.
The plaintiff filed statement Exh.05 and admission and denial Exh.06. Copies of same are issued to the defendant. Endorsement made. The plaintiff to file draft NM for judgment and admission. O- Leave granted to register the NM. Copy of NM and affidavit is served on the defendant. Endorsement made.
Defendant seeking time to filing admission and denial.
Matter adjd to 29.11.2021 for admission and denial by the defendant and reply of NM.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-12-2021
Date: 16-12-2021
Business: Adv.Jagdish B.Choudhary i/by M/s. Raj Legal for plaintiff present.
Mr. Kamal P. Mirani POA of plaintiff present.
Adv.Swati Sawant for defendant present.
The plaintiff tendered registered NM No.2717/21 alongwith affidavit t.o.r.
Defendant filed reply to NM No.2717/21, marked as Exh.07.
Copy of same is received by the plaintiff.
The defendant filed admission and denial t.o.r marked as Exh.08
Copy of same is furnished to the plaintiff.
Matter adjd to 12.01.2022 for hearing on NM No.2717/21 and statement of truth by the defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: Adv.Jagdish Choudhari for plaintiff present.
None for defendant.
N/M is for hearing, however, the plaintiff filed rejoinder t.o.r. and marked a Exh 9.Copy kept on record for defendant.
Matter adjd to 28.01.2022 for N/M Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: Adv. Jagdish Choudhari present for plaintiff.
Adv.Swati Sawant present for defendant.
Copy of plaintiff\''s rejoinder Exh.9 is furnished to the defendant with endorsement to that effect.
Matter adjd to 25.02.2022 statement of truth by defendant/for hearing of NM/ sur rejoinder if any. copy of sur rejoinder shall be served well in advanced.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Plaintiff present.
Defendant present.
Adv.Jagdish Choudhary i/b.M/s.Raj Legal for plaintiff present.
Adv.Swati Sawant for defendant present.
The defendant filed statement of truth taken on record and marked as Exh.10.
KB
LO at 01.16 pm
Same appearance.
Copy of statement of truth received by plaintiff with endorsement.
The defendant filed sur-rejoinder t.o.r and marked as Exh.11. Copy of same is furnished to the plaintiff with endorsement.
The plaintiff wants to file sur-sur-rejoinder. The plaintiff undertakes to serve sur-sur-rejoinder on or before 08.03.2022. If the defendant wants to file rejoinder to sur-sur-rejoinder she shall serve it before 16.03.2022 to the plaintiff.
Matter adjd to 21.03.2022 for filing sur-sur-rejoinder and hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: court on Leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: Adv.Jagdish Choudhary i/b.Raj Legal for plaintiff present.
Defendant No.1 in person present.
The plaintiff filed sur-sur-rejoinder in NM 2717/21 t.o.r. and marked as Exh.12.
KB
LO at 12.40 pm
Adv.Jagdish Choudhary i/b.Raj Legal for plaintiff present.
Defendant No.1 in person present. As per the oral request of deft. keep back for 15 mnts.
LO at 01.05 pm,
Adv.Jagdish Choudhary i/b.Raj Legal for plaintiff present.
Defendant No.1 in person present.
Heard the Ld.Adv.for the plaintiff on notice of motion.
LO at 01.30 pm,
Adv.Jagdish Choudhary i/b.Raj Legal for plaintiff present.
Defendant No.1 in person present.
Adv.Swati Sawant for defendant No.1 present. She filed sur-rejoinder t.o.r and marked as Exh.13.
The defendant want to tender draft notice of motion (S-12A). Copy of same is furnished to the plaintiff. The plaintiff submits that copy of reply will be served to the defendant well in advance before next date.
KB for filing draft NM.
LO at 02.55 pm,
Defendant No.1 in person present. She filed draft notice of motion (S-12A) a/w. affidavit in support t.o.r. O-Leave granted to register draft notice of motion.
Matter adjd to 29.04.2022 for NM reply and hearing (S-12A).
Next Purpose: REPLY
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: Court is on Leave.
Next Purpose: REPLY
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv Jagdish B Choudhary i/b Raj Legal present for plaintiff and filed affidavit in reply to NM NO. 1479/22 at Exh.14.
Adv Swati Sawant present for defendant and filed registered NM No.1479/22.
Matter adjd to 05.07.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: None Present for Plff.
Adv. Swati Sawant Present for Deft.
KB LO 12.20 pm.
Adv Jagdish Choudhary Present for Plff.
Heard argument of adv of both parties on NM 1479/22
Adv of both parties filed copy of citation/ case law.
Adv of plff has filed notes regarding date and events.
Adj. For Order on NM 1479/22 and hearing NM 2717/21 on 21/07/2022.
Next Purpose: NM ORDERS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: Adv. Jagdish Choudhary Present for Plff.
None Present for Deft.
F.R.S.R. following order passed on NM 1479/22.
Notice of Motion 1479/2022 stands rejected.
Adj. For Hearing on NM 2717/21 on 04/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Jagdish Choudhary I/b M/s Raj Legal Present for Plff.
None Present for Deft.
Ex.15- Adv of plff has filed additional affidavit in reply in support of NM 2717/21
Adv of plff has filed list of citation.
Heard argument of adv of plff.
Adj. For Hearing on NM 2717/21 by deft on 24/08/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. Jagdish B. Choudhary I/b M/s Raj Legal Present for Plff.
None Present for Deft.
POA of plff Mr. Kamal Hirani present.
KB
LO. at 2.45 p.m.
Adv. Shrikant Rathi h/f. Adv. Smt. Bhairavi Waravdekar for defendant present and filed Vakalatnama at Exh.16.
Advocate of defendant has not advanced argument on NM.
FRSR following order is passed.
ORDER
Notice of Motion No.2717 of 2021 stands rejected.
-----------
Case is adjourned for filing draft issues & admission and denial to 21/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-09-2022
Date: 21-09-2022
Business: POA Kaml Mirani of plff present and seeks time to filing draft issues. Granted.
None Present for Deft.
Adj. For Draft issues and Admission and denial on 13/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-10-2022
Date: 13-10-2022
Business: Adv. Jagdish B. Choudhary I/b M/s Raj Legal Present for Plff.
Adv. Bhairavi Waravdekar Present for Deft.
Adv of deft has tendered registered NM 3549/22.
Today copy of NM served on adv of plff.
Adj. For Reply on NM 3549/22 on 10/11/2022.
Next Purpose: REPLY
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Jagdish Choudhary for plaintiff present.
Adv.Bhairavi Walavdeka for defendant present.
Advocate for plaintiff seeks time for filing reply of NM.
Adjournment as granted.
Matter is adjourned for reply on NM on 29-11-2022
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Jagdish B. Chaudhary I/b. Raj legal for plaintiff present.
Adv. Bhairavi Waravadekar for defendant present.
Exh.17 Advocate of plaintiff has filed reply to NM No.3549 of 2022. Copy served to other side.
Case adjourned for hearing on NM to 16.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: Adv. Jagdish Choudhary I/b M/s. Raj Legal Present for Plff.
Adv. Bhairavi Waravdeka Present for Deft.
Heard argument adv of both parties on NM 3549/22.
Adj. For Order on NM 3549/22 on 10/01/2023.
Next Purpose: NM ORDERS
Next Hearing Date: 10-01-2023
Date: 10-01-2023
Business: Adv Jagdish B. Choudhary I/b M/s. Raj Legal for plaintiff present.
None present from defendant.
FRSR following order is passed on Notice of motion No.3549/22
ORDER
Notice of Motion No.3549/2022 disposed as under :
i) The Registrar Civil, City Civil Court Gr. Mumbai is directed to assign this suit bearing Commercial Suit No. 903/2021 to proper court in which the suit should have been instituted, not being a “Commercial Dispute”.
ii) The parties to appear before the assigned Court on 10/02/2023.
-------------
Case adjd for compliance to 10.02.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: As Court time is over, second session remaining board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 28/04/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-04-2023
Date: 28-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Mr.Ranvir Shekhawat i/b M/s Raj Legal for plaintiff present. He tendered draft Summons for Judgment along with affidavit in support.
O-Leave is granted to register the Summons for Judgment.
Plaintiff to serve copy of SJ to the defendant and file affidavit of service to that effect.
Adv.Bhairavi Waravdeka Present for defendant present.
Matter is adj to 24/07/2023 for affidavit of service of SJ.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-07-2023
Date: 31-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
NOB TOB
Adv. Bhairavi Warwarekar for defendant is present.
Application filed on behalf of defendants for taking case on todays board. O-Allowed. It is marked as Exh-18.
Ld. counsel for defendants filed reply to the Summons for Judgment. TOR.
Ld. counsel for defendant submits that reply to the Summons for Judgment is served on plaintiffs advocate M/s Raj Legal Associates. TOR.
Matter is already adj to 10.10.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-10-2023
Date: 10-10-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Jagdish Choudhary i/b M/s Raj Legal for plaintiff is present and tendered registered Summons for judgment No.130/2023 along with affidavit in support. TOR.
Adv. Bhairavi W for defendant is present.
Application filed for giving directions to defendant to serve the complete copy of reply to SJ. It is marked as Exh-19.
Order below Exh-19
Heard both sides. The defendant is directed to serve the hard copy of reply to the SJ.
After passing the order on Exh-19, the hard copy of the reply is served on counsel for plaintiff.
Matter is adj to 22.01.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-01-2024
Date: 22-01-2024
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 3.05 pm
Both parties and their advocate are absent.
Parties are given last chance for hearing on summons for judgment.
Matter is adj to 01.03.2024 for hearing on summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-03-2024
Date: 01-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Shekhawat for plaintiff is present.
Adv. for defendant is present.(appearance is not given)
Matter is adj to 16.04.2024 for filing original documents and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-04-2024
Date: 16-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Adv. Bhairavi Waravkar for defendant is present.
The plaintiff is given last chance to file original documents.
Matter is adj to 04.07.2024 for filing original documents and hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2024
Date: 04-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Chodhary i/b M/s Raj Legal for plaintiff is present and filed list of documents along with documents. Taken on record. It is marked as Exh-20.
The defendant and his counsel are absent.
Matter is adj to 06.08.2024 for hearing on Summons for judgment.
Later on at 12.20 pm.
Mrs. Radhika Mirani, The defendant in person is present.
Matter is adj to 06.08.2024 for hearing on Summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-08-2024
Date: 06-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Choudhary i/b M/s Raj Legal for plaintiff is present.
The defendant in person is present.
Keep back.
Later on at 12.45 pm
Adv. Jagdish Choudhary i/b M/s Raj Legal for plaintiff is present.
The defendant in person is present.
Adv. for defendant is present and filed written notes of argument in Summons for judgment.
Heard counsel for the plaintiff on Summons for judgment.
Matter is adj to 23.08.2024 for further argument/order on Summons for judgment.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-08-2024
Date: 23-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Choudhary with Adv. Nirmala Ganjihal for plaintiff is present.
Keep back.
Later on at 1.05 pm
Adv. Radhika Milani for defendant is present.
As Court is busy in dictating orders in Summary Suit No.451/2021, NM No. 1809/24 and NM No.1196/23, matter is adj to 18.09.2024 for argument (P.H.).
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 18-09-2024
Date: 18-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Priyanka Gupta for plaintiff is present.
The defendant and his counsel are absent.
Kept back.
FRSR following order is passed on SJ No.130/23
Order
1)Summons for Judgment No. 130/2023 in Summary SuitNo. 125/2023 is disposed off as follows
(a) Leave to defend the suit is granted to the defendant subject to condition that she shall deposit 25 percent of principal amount within 60 days from the date of this order.
(b) The defendant will be at liberty to file her written statement on record within 30 days after depositing amount.
2) After depositing amount by the defendant, it be deposited in
fixed deposits in any Nationalized bank initially for a period
of two years and then subsequently, if required renew it every
year.
3)No order to costs.
4)Summons for Judgment No. 130/2023 is disposed off accordingly.
Matter is adj to 19.11.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 19-11-2024
Date: 19-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ranvir Shekhawat for plaintiff is present.
Mrs. Radhika Kamal Mrani, Defendant is present
Adv. Sangita Musale for defendant is present and filed Vakalatnama with no objection of earlier advocate and intimation about Writ Petition No.16611 of 2024. Taken on record. It is marked as Exh-21 and 22 respectively.
Remaining Board from Sr. No.61 is discharged, as court is busy in dictating orders and hearing other urgent matters. Parties have liberty to file reply, application and affidavit, if any.
By consent, Matter is adj to 13.01.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2025
Date: 13-01-2025
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 20-02-2025
Date: 20-02-2025
Business: Adv. Jagdish Choudhary for plaintiff is present and submitted that the order passed on Summons for Judgment is challenged by defendant before Hon'ble High Court is kept on 05/03/2025. Hence, requested to adjourn the matter.
The defendant and his counsel are absent.
Matter is adj to13/03/2025 for Compliance.
later on 12 45 pm.
Advocate sumidha wadbe on behalf adv sangita musale for defendant present.
Matter is adj to 13/03/2025 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-03-2025
Date: 12-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Writ received from Hon'ble High Court in Writ Petition No.16611 of 2024 dated 13.11.2024 vide this office inward No.455/25 dated 10.03.2025
PC.
The impugned order dated 18 September 2024 is stayed till next date subject to deposit of Rs.2,00,000/- (Rupees Two Lacs only) within two weeks before the trial Court.
Matter is adj to 13.03.2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-03-2025
Date: 13-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Santosh B. Bhosale h/f Adv. Ranveer Shekhawat for plaintiff is present.
The defendant and his counsel are absent.
Matter is adj to 24.04.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2025
Date: 04-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Adv. Ranvir Shekhawat for plaintiff is present.
Defendant is present.
Adv. Sangita Musle for defendant is present and filed an application for taking case on today's board. Taken on record. It is marked as Exh-23. O-Allowed.
Counsel for defendants filed an application for filing written statement along with written statement. Taken on record. It is marked as Exh-24. O-Other side to say. Copy of application at Exh-24 is served on other side.
She also filed refund of amount deposited in view of order passed in Writ Petition No.16611 of 2024 dated 13.11.2024. Taken on record. It is marked as Exh-25. O-Other side to say. Copy served to other side.
Counsel for plaintiff submitted say on overleaf of application Exh-25.
Matter is already adj to 24.04.2025 for filing say on Exh-24.
Next Purpose: REPLY
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Chaudhary for plaintiff is present and filed an application for adjournment. TOR and marked as Exh-26.
Adv. Sushma Singh for defendant is present and served copy of written statement to the plaintiff.
Heard counsel for both sides on Exh-25.
Order below Exh-25
Perused application, say filed by plaintiff and documents on record. Defendant has filed this application for refund of Rs.2,00,000/- along with interest accrued thereon. The plaintiff has filed his formal say. It appears from record that summons for judgment No.130/23 came to be decided on 18.09.2024. The conditional leave was granted to defendant to defend the suit subject to depositing 25 percent of priciple amount. The defendant challenged order dated 18.09.2024 passed in Summons for judgment No.130/23 vide writ of petition No.16611/2024 wherein Hon'ble High Court vide order dated 13.11.2024 directed defendant to deposit an amount of Rs.2,00,000/-. Further, it appears that defendant has deposited said amount of Rs.2,00,000/- in the office fo this court on 29.11.2024 vide receipt No.C-57/24. Defendant has annexed said documents vide Annexure A to the application. Further, vide order dated 27.03.2025 the Hon'ble Court has set aside the Order dated 18.09.2024 of granting conditional leave and unconditional leave was granted to defendant to defend the suit. Further, direction is given to refund an amount of Rs.2,00,000/- to the defendant, which is deposited in view of order dated 13.11.2024 be refunded to the defendant along with interest accrued thereon. As discussied amount plaintiff has no objection for the same. Hence, considering the facts and circumstances of the case and in view of direction by Hon'ble High Court, defendant is entitled for relief claim. Hence, I proceed to pass following order-
Order
1. Application at Exh-25 is hereby allowed.
2. Defendant is entitled to withdraw an amount of Rs.2,00,000/- deposited in view of order dated 13.11.2024 passed by Hon'ble High Court in Writ Petition No.16611/2024 along with interest accrued thereon.
Matter is adj to 09.07.2025 for filing say on Exh-24.
Next Purpose: REPLY
Next Hearing Date: 09-07-2025
Date: 09-07-2025
Business: P.O.IS LEAVE
Next Purpose: REPLY
Next Hearing Date: 03-09-2025
Date: 03-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Chaudhary for plaintiff is present and filed reply to Exh-24. TOR and marked as Exh-24A.
Mr. Radhika Misrani, defendant in person present.
Matter is adj to 25.09.2025 for hearing on Exh-24.
Next Purpose: HEARING
Next Hearing Date: 25-09-2025
Date: 25-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. for plaintiff is present.
The defendant and his counsel are absent.
Matter is adj to 04.11.2025 for hearing on Exh-4
Later on at 12.21 pm
Defendant in person is present and filed rejoinder to reply. Taken on record. Defendant is directed to serve copy to other side.
Matter is adj to 04.11.2025 for hearing on Exh-4
Next Purpose: HEARING
Next Hearing Date: 31-10-2025
Date: 31-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Not on board, taken on board.
Writ received from Hon'ble High Court vide this office inward No. 17814 of 2025 dated 29.10.2025 along with order in Writ petition No. 16611 of 2024 dated 27.03.2025.
PC-
2. The impugned order granting conditional leave to defend the suit stands quashed and set aside.
3. Unconditional leave to defend the suit is granted to the defendant.
4. The amount of Rs.2,00,000/-, deposited by the petitioner defendant pursuant to the order dated 13th November, 2024, be refunded to the defendant along with interest accrued thereon.
Matter is already adj to 04.11.2025.
Next Purpose: HEARING
Next Hearing Date: 04-11-2025
Date: 04-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Choudhary for plaintiff is present.
Defendant in person is present.
Adv. Sushma Singh for defendant is present.
Heard counsel for both sides on Exh-24.
Matter is adj to 19.11.2025 for order on Exh-24.
Next Purpose: ORDER
Next Hearing Date: 19-11-2025
Date: 19-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kamal Mirani for plaintiff is present.
Order below Exh-24
Defendant has filed an application seeking leave to file written statement in view of order dated 27.03.2025 passed by Honble Bombay High Court in WP No. 16611/24. It is further submitted that Summons for judgment No.130/23 came to be decided on 18.09.2024 wherein defendant was directed to deposit 25 percent of claim amount within 60 days. Further, defendant was given liberty to file written statement within 30 days thereafter. Defendant has deposited an amount of Rs.2,00,000/- in view of order dated 18.09.2024. Thereafter, defendant had challenged the said order vide WP No.16611/24, which came to be allowed on 27.03.2025 and defendant is granted unconditional leave to defend the suit. Therefore, defendant is entitled to file her written statement. It is further submitted that plaintiff has never contended that defendant has filed her written statement in present suit, when said suit was labelled as Commercial suit. Even, plaintiff has not sought any modification in order dated 18.09.2024 or challenged order dated 27.03.2025 passed in Writ Petition No.16611/2024. Further, if written statement of defendant was already on record, there was no occasion for plaintiff to take out Summons for judgment No.130/23. The plaintiff had taken objection before Honble High Court with respect to filing written statement of defendant. However, defendant is entitled to file written statement, in view of order dated 27.03.2025 passed by Honble High Court. The suit was filed as a Commercial suit initially and it has been transferred to this court. If Court has no jurisdiction to try any suit then, procedure under Section 24(5) of Civil Procedure Code has to be followed. The Commercial court cannot direct to transfer the suit to the other court. Defendant relied on ratio laid down in Aviat Chemicals Pvt. Ltd and Anr Vs Magana Laboratories (Gujarat) Pvt. Ltd and Anr., ILR (2005) II Delhi 751 and Shri Rail Chand Vs Shri. Alal Chand and Ors., ILR (1978) I Delhi 229. Further, it is submitted that due to the mistake fo the court defendant may not suffer. Defendant relied on ratio laid down in Jang Singh Vs Brij Lal and Ors., 1963 SCC OnLine SC 2019. Defendant also relied on ratio laid down in S. Malla Reddy and Ors. Vs Future Builders Co-operative Hsg. Soc. and Ors. (2013) 9 SCC 349. Hence, defendant may be allowed to file her written statement.
On the other hand, it is argued on behalf of plaintiff that defendant is seeking permission to file fresh written statement. Further, defendant has already filed her written statement on 16.09.2025 at Exh-4, when suit was registered as Commercial Suit No.903/2021. The Commercial suit has been converted into summary suit in view of order dated 10.01.2023 passed in NM No.3549/2022 in said Commercial suit. Therefore, plaintiff has taken out Summons for judgment No.130/23. After conversion of suit into Summary Suit Nomenclature of suit is changed, therefore defendant has not right to file fresh and another written statement resiling from earlier written statement. The said practice is not permissible. Therefore, defendant may not be allowed to file her written statement on record. Hence, application may be rejected.
Perused application, reply, rejoinder filed by defendant and record. Heard both parties. I have gone through case law cited by defendant. Admittedly, initially suit was filed as Summary suit No.213/20 at Dindoshi court. The said suit was registered as Summary Suit No.326/20 at Bombay City Civil Court on 28.09.2020. After appearance of defendant, Summary suit No.326/2020 was converted into the Commercial Suit No.903/2021. The defendant has filed her written statement on 16.09.2021 in said Commercial Suit at Exh-4. Thereafter, matter was adjourned for further proceeding. However, in view of Notice of Motion No.3549/2022 filed by defendant for rejection of plaint, the Commercial court passed order on said motion on 10.01.2023 and Registrar of Bombay City Civil Court to assign the said suit to the proper court. In view of said order, Commercial suit No.903/2021 is numbered as Summary Suit No.125/2023 i.e. present suit. It is pertinent to note that as suit has been converted in Summary suit, plaintiff has taken out SJ No.130/2023. The said Summons for judgment came to be decided on 18.09.2024, wherein conditional leave was granted to the defendant to defend the suit.
Defendant had challenged said order dated 18.09.2024 vide Writ Petition No.16611/24, which came to be decided on 27.03.2025 and instead of conditional leave, defendant is granted unconditional leave to defend the suit. Defendant was given liberty to file written statement within 30 days after complying conditional order of depositing 25 percent of principle amount. Therefore, now defendant wants to file written statement as Honble Bombay High Court has granted unconditional leave to defend the suit to the defendant. It is pertinent to note that neither party has brought to the notice of this court at the time of hearing on Summons for judgment that defendant has already filed the written statement. Therefore, defendant was given liberty to file written statement. Further, there is no observation with respect to the written statement in the order of the Hon'ble High Court dated 27/03/2025. The defendant wants to file fresh written statement in pursuant to order dated 18.09.2024 as well as 27.03.2025. However, as discussed above defendant is already filed his written statement on record. It is not the case of defendant that after taking out Summons for judgment No.130/23, plaintiff has amended that plaint or brought any new facts on record. It is contention of the plaintiff that defendant cannot be allowed to resile from admissions in earlier written statement. Therefore, I am of view that defendant cannot be allowed to file fresh written statement on record in view of observations in S. Malla Reddy and Ors. Vs Future Builders Co-operative Hsg. Soc. and Ors's. case law cited supra.
Further, it is contention of defendant that suit has been converted and transferred to this court, it is the mistake on the part of the court. Therefore, defendant may not suffer for the same. It is pertinent to notes that Commercial Suit No. 903/2021 has been converted into Summary Suit, in view of order dated 10.01.2023. There is nothing on record to show that defendant has challenged the said order. Therefore, I am of view that ratio laid down in Aviat Chemicals Pvt. Ltd and Anr Vs Magana Laboratories (Gujarat) Pvt. Ltd and Anr., Jang Singh Vs Brij Lal and Ors. and Shri Rail Chand Vs Shri. Alal Chand and Ors.'s case laws cited supra on behalf of defendant are not applicable at this stage. Though, defendant was given liberty to file written statement in view of order dated 18.09.2024. However, considering facts and circumstances of the case, I am of view that written statement filed by defendant at Exh-4 can be considered as written statement of defendant. Hence, I proceed to pass following order-
Order
Application at Exh-24 is hereby rejected.
Matter is adj to 14.01.2026 for filing draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Khushal Shekhawat i/b Raj Legal for plaintiff is present and filed draft issues. Taken on record.
The defendant and his counsel are absent.
Matter is adj to 16.02.2026 for filing draft issues of defendant.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 16-02-2026
Date: 16-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jagdish Chaudhary i/b M/s Raj Legal for plaintiff is present.
The defendant and his counsel are absent.
Defendant failed to file draft issues.
Hence, Matter is adj to 24.03.2026 for framing issues.
Later on at 12.07 pm
Defendant No.1 in person is present and filed application for adjournment on the ground that they have challenged the order to enable them to file written statement vide writ Petition No. 16909 of 2025 listed on 17.02.2026. TOR and marked as Exh-27. O-Adjournment is granted.
Hence, Matter is adj to 24.03.2026 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 24-03-2026
Date: 24-03-2026
Business: CORAM - H.H.J. SHRI. N. B. LAVTE - (C.R.NO.83)
Matter pertain to CR.81
Adv. Chaudhari for plaintiff is present.
Radhika Mirani defendant in person present and filed draft Chamber Summons for amendment of written statement along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 24/04/2026 for filing registered Chs.
Judge ( I/C. CR. NO. 81)
Next Purpose: COMPLIANCE
Next Hearing Date: 24-04-2026
Date: 24-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Ranvir Shekhavat for plaintiff is present and filed reply. tor.
copy served to other side.
Defendant Radhika Mirani is present and filed registered Chamber summons No. 819/2026 along with affidavit in support.
Matter is adj to 19-06-2026 for hearing on CS.
Next Purpose: C/S HEARING
Next Hearing Date: 19-06-2026
Date: 19-06-2026
Business: Adv.Jagdish choudhary i/b M/S Raj Legal for plaintiff is present.
Defendant is present.
Adv Sangeeta Musle for defendants is present and filed re-joinder to the reply of CS.TOR. Copy served to other side.
Matter is adj to 14-07-2026 for hearing on CS.
Next Purpose: C/S HEARING
Next Hearing Date: 14-07-2026
Date: 14-07-2026
Business: Adv Jagdish Chudhary for plaintiff is present.
Defendant in person is present and filed an application for adjournment. TOR and marked as Exh.28.
kept back
later on at 12.24 pm
Same appearance.
Adv for plaintiff filed say on over leaf of Exh.No.28.
Adv Sangeeta Musale for defendant is present through VC.
Order below Exh.28
The adjournment was granted to the defendant on the same ground on 16-02-2026. The plaintiff is senior citizen as pointed out by advocate for the plaintiff. There is no justifiable reason for granting another adjournment in this case. Hence, rejected.
later on at 1.15 pm
Adv Jagdish Choudhary for plaintiff is present.
Defendant is present.
Adv Sushma Singh for defendant is present through VC.
later on at 2.45 pm
Adv Jagdish Choudhary for plaintiff is present.
Defendant is present.
Adv Sushma Singh for defendant is present in court hall.
Heard arguments both sides advocate on CS
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-07-2026
Date: 15-07-2026
Business: By Precipe
Defendant in person is present and filed an application for taking matter on toady s board.TOR and marked as Exh.29.
She also filed citations. TOR.
Adv Sushma Singh for defendant is present through VC.
Next Purpose: CH/S ORDERS
Next Hearing Date: 10-08-2026
Date: 10-08-2026
Business: court is on training
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-09-2026
Date: 04-09-2026
Business: P O is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-09-2026
Date: 24-09-2026
Business: P O IS ON LEAVE, So Matter is Adjourn to.....
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-10-2026Additional Case Details
Additional Case Details
Filing Number: 104693/2020 Filing Date: 28-09-2020 First Hearing Date: 03rd November 2020 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
0No order text is available in this record.
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