Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Premchand GulabchandjiVsSANTOSH NAMDEV GAIKWAD +1 more

CNR MHCC01004564202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 14th December 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100439/2020
Registration Date
11 Nov 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 27-01-2021
    Business: None present.
    Today matter is for report.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for service affidavit to 29-04-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv.Ramesh Jain for plaintiff present.
    None for defendant.
    Matter adjd for affidavit of service to 13-10-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Exh : 2 Service affidavit. O – Seen.
    Matter Adjd for Exparte order to 31.01.2022.
    Judge
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: The Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Order below Exh.01
    Defendant duly served as per Exh.02, but he failed to appear. Hence to proceed ex-parte against him.
    Matter Adjd for ex-parte evidence on 26/04/2022
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: P. O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: None present.
    Matter be placed before Lok-adalat.
    Issue notice to both the parties.
    Matter Adjd for lok-adalat on 13/08/2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Matter pertains to C.R.No.13
    None present for plaintiff.
    None present for defendant.
    Matter Adjd to 15/10/2022 in regular court.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    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.
    Heard learned advocate for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exh.05 - Promissory note dt.05.10.2019.
    Exh.06 - Legal Notice dt.24.12.2019
    Article A - Photocopy of Money lending licence.
    Article B - Photocopy of form No.8.
    Article C - Photocopy of books  of account.
    Exh. 07 -  Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte argument on 19/11/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Heard final argument of plaintiff.
    Matter Adjd for ex-parte judgment on 14/12/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.439 of 2020 is passed-
    ORDER
    1. The Summary Suit No.439 of 2020 is decreed with costs.
    2. Defendants No.1 and 2 shall jointly and severally pay the amount of Rs.1,58,445.20/-(Rupees One Lakh Fifty Eight Thousand Four Hundred Forty Five and Twenty Paise Only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.1,50,000/-(Rupees One Lakh Fifty 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. Judgement is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 14-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105022/2020
    Filing Date: 15-10-2020
    First Hearing Date: 27th January 2021
    Decision Date: 14th December 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Dec 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010045642020 Presented on 15-10-2020 Registered on 11-11-2020 Decided on 14-12-2022 Duration Yrs. M. Days 02 01 30 CNR No. MHCC010045642020 EXH.08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.439 OF 2020 PREMCHAND GULABCHANDJI of Mumbai, an adult Indian Inhabitant, carrying on business of Money Lending at and from 46, Modi Street, Ground Floor, Fort, Mumbai 400 001. ...Plaintiff. V/s. 1. SANTOSH NAMDEV GAIKWAD age not known, of Mumbai an adult Indian…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.