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SUMMARY CIVIL SUIT - SUMMARY SUIT

Cogencis Information Services Limited Through Ms. Shreya ShettyVsM J Patel Share and Stock Broker Ltd.

CNR MHCC01004466202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--CONSENT DECREE
Decision Date: 19th August 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100523/2021
Registration Date
26 Jul 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Cogencis Information Services Limited Through Ms. Shreya Shetty

    Respondent

    1. 1M J Patel Share and Stock Broker Ltd.

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order37

    Case History / Proceedings

    Case History
    Date: 03-09-2021
Business: By Praecipe
None for plaintiff.
Adv. Sambhaji Kharatmol for defendant present.
Ex. 2 Ld Adv. for defendant filed Praecipe. O- Matter allowed to take on today\''s board.
Ex. 3 Ld Adv. for defendant filed VP. O-filed.
Matter already adjd to 20.09.2021.
Next Purpose: REPORT
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Mr. Shinde for defendant present.
L.O. at 11.56 am
Adv Ms. Shaikh for plaintiff present.
Matter adjd for service affidavit to 29-11-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv. Jain for plaintiff present.
None present for defendant.
Later on at 01.14 pm.
Adv. Gajanan Shinde for defendant present.
Exh.04- Service affidavit. O-seen.
Matter Adjd for steps on 29/01/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-01-2022

Date: 29-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: None present for plaintiff
Adv. Shinde for defendant present.
Later on at 11.26 am.
Adv. Dighe for plaintiff present.
Later on at 12.37 pm.
Draft Summons for Judgment alongwith affidavit in support tendered by plff.
Order - Leave is granted to register the Summons for judgement.
Matter Adjd for tendering original registered SJ on 20/06/2022.
Next Purpose: FOR___________________
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Adv. Shaikh for plaintiff present.
Adv. Shinde for defendant present.
On oral request by adv. for plaintiff time is extended to register the SJ.
Matter Adjd for tendering original registered SJ and SJ reply on 11/08/2022.
Next Purpose: FOR___________________
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Court is on leave
Next Purpose: FOR___________________
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: By Praecipe
None present for plaintiff.
Adv. Gajanan Shinde for defendant present.
Exh.05 - Application for taking matter on today\''s board. O-Allowed.
Ld. Adv. for defendant filed reply to SJ. TOR.
Defendant is directed to serve the copy of reply to plaintiff.
Matter already Adjd to 07/10/2022 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Adv. Shaikh for plaintiff present.
Adv. Shinde for defendant present.
Ld. Adv. for plaintiffs tendered original registered SJ No.207/22.
Copy of registered SJ supplied to Adv for defendant today in court.
Matter Adjd for SJ reply on 01/12/2022.
Next Purpose: REPLY
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Adv. Deep Dighe for plaintiff present.
Adv. Shinde for defendant present.
Matter Adjd for SJ Hearing on 24/01/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Shaikh for plaintiff present.
Adv. Shinde for defendant present.
Ld. Adv. for plaintiff sought time.
Matter Adjd for SJ Hearing on 15/03/2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: Adv. Shaikh for plaintiff present.
Adv. Gajanan Shinde for defendant present.
KB for SJ Hearing.
Later on at 03.03 pm.
Heard learned advocate for plaintiff  and defendant on SJ
Matter Adjd for SJ Order on 15/04/2023.
Next Purpose: ORDER
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None present for plaintiff.
Adv. Mistry for defendant present.
F.R.S.R. following order in Summons for judgment No.207 of 2022 in Summary Suit No.523 of 2021 is passed-
ORDER
1. Conditional leave is granted to defendant to defend the suit.
2. The defendant shall deposit an amount of Rs.1,00,000/- to be paid to the plaintiff within 2 months from date of this order.
3. The defendant after payment of the amount of Rs.1,00,000/- will be at liberty to file written statement on record.
4. The Summons for Judgment No.207 of 2022 is disposed off accordingly.
5. Parties to bear their own costs.
Matter Adjd for compliance on 19/07/2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-06-2023

Date: 14-06-2023
Business: By precipice
Adv. Amit for plaintiff present.
Adv. Gajanan Shinde for defendant present.
Mayur Shaha representative of defendant present.
Exh.6 -Adv. for defendant filed application for taking the matter on today\''s board.
O.-Allowed.
Adv. for defendant hand over the demand draft of Rs.1,00,000/- to the advocate of the plaintiff. Advocate of plaintiff acknowledge the same.
Exh.7 -W.S. filed by defendant. O.- read and recorded.
Matter Adjd for issues to 19.07.2023.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: P. O. is on leave.
Hence, Matter is adjourned.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: By Praecipe
Exh.8 -Adv. for the defendant filed application for taking the matter on todays board.
O.-Allowed.
Representative of plaintiff Ms. Shreya Shetty along with her counsel Smt. Shaikh present.
Representative of defendant Shri. Mayur Shaha along with his advocate Shri. Gajanan Shinde present.
The representative of plaintiff and the defendant filed copy of resolution on record.
Exh.9 -Plaintiff filed application to withdraw the suit.
O.-Allowed.
Exh.10 -Both the parties have filed consent terms. Both of them admitted the contents of consent terms. Hence, consent terms are read and recorded.
          As matter is settled between the parties in view of consent term Exh.10. Hence, the present suit is disposed off as a withdrawn. Decreed be drawn up accordingly. The consent terms Exh.10 forms the part and parcel of the decree. No order as to costs. Court fees be refunded as per rules.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 19-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105056/2020
Filing Date: 17-10-2020
eFiling Number: ECMHCC01000502020
eFiling Date: 04-09-2020
First Hearing Date: 03rd September 2021
Decision Date: 19th August 2023
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    19 Aug 2023
    Order Details: Order below exhibit
Pdf Text: 19/08/2023 CORAM: H.H.J. SHRI. R.S. KSHIRSAGAR, CITY CIVIL COURT,
MUMBAI.(C.R.13)
SU 523/21
Exh.8
Exh.9
Exh.10
By Praecipe
Exh.8 -Adv. for the defendant filed application for taking the matter
on today’s board.
O.-Allowed.
Representative of plaintiff Ms. Shreya Shetty along with her counsel
Smt. Shaikh present.
Representative of defendant Shri. Mayur Shaha along with his
advocate Shri. Gajanan Shinde present.
The representative of plaintiff and the defendant filed copy of
resolution on record.
Exh.9 -Plaintiff filed application to withdraw the suit.
O.-Allowed.
Exh.10 -Both the parties have filed consent terms. Both of them
admitted the contents of consent terms. Hence, consent terms are
read and recorded.
As matter is settled between the parties in view of consent
term Exh.10. Hence, the present suit is disposed off as a withdrawn.
Decreed be drawn up accordingly. The consent terms Exh.10 forms
the part and parcel of the decree. No order as to costs. Court fees be
refunded as per rules.
Judge
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