Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Jyoti Datta WaghVsGita Tejalal Maru

CNR MHCC01004665201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 06th December 2021

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100134/2021
Registration Date
01 Dec 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Jyoti Datta Wagh

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 04-02-2019
    Business: Adv. Ramesh Jain for Plaintiff
    None for Defendant
    Matter is adjd. to 04/04/2019 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv for plaintiff Mr.Ramesh Jain present
    Matter is Adjd for Affidavit of Service to 29/06/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 20/09/2019.
    L.O.
    Adv for plaintiff Mr.Ramesh Jain present.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: P.O. Is on leave. Adjd to 27/11/19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Sakpal for plff present.
    Exh.1- Plaint
    Exh. 2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of document.
    Exh.5- Affidavit of service.
    The service affidavit alongwith bailiff report show that summons was served on the deft on 24.07.2019. However, the defendant failed to appear. Hence, suit to proceed exparte against the deft.
    Adjd. to 07.01.2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: None present.
    Adjd to 15.02.2020 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Adv. Ramesh jain for plaintiff
    Adjd on his request for Service to 28-02-2020
    Next Purpose: SERVICE
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: None present.
    The suit has been registered as commercial suit. Earlier summons was issued under Order 37 of CPC. Therefore, now as the suit has been registered as commercial suit, issue summons to the defendant for filing of written statement.
    Adjd for service to 19-03-2020
    Next Purpose: SERVICE
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv Mr.Ramesh Jain for plaintiff present.
    As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 17/04/2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
    Matter adjd to 19/10/2020  for evidence.
    Next Purpose: SERVICE
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
    Matter adjd to  24/11/ 2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
    Matter adjd to  14/12/ 2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None for plaintiff.
    None for defendant.
    Adjd to 08.01.2021 for Framing Issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 21.01.2021 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
    Both parties and their advocate absent.
    Matter adjd to 05-02-2021 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 03.03.2021 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: In view of the office orders the matter be placed before the new allotted Court on 08.04.2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None present.
    Matter adjd for framing issues to 30-07-2021.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Due to Covid-19.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Ex. 6 claim affidavit. O-R and R.
    Ex. 7 List of document. O- be filed.
    Heard Ld adv. for plaintiff on admissibility of documents.
    Ex. 8 Demand promissory note dtd. 12.04.2015.
    Ex. 9 Office copy of legal notice dtd. 28.03.2018.
    Article A Copy of money lending licence.
    Article B copy of form no. 8.
    Article C Copy of Books of account.
    Ex. 10 Evidence closing pursis. O-Seen.
    Matter adjd for Exparte argument to 11.11.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Heard argument of Adv. For plff.
    Matter Adjd for Ex-parte Judgement on 06/12/2021.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary suit no.134 of 2017 is passed-
     ORDER
    1. The Summary suit no. 134 of 2021 is decreed with costs.
    2. Defendant shall pay amount of Rs.3,07,210.95/- (Rupees Three Lacs Seven Thousand Two Hundred Ten and Ninety Five Paise only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.2,00,000/-(Rupees Two Lacs 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: 06-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105058/2018
    Filing Date: 09-04-2018
    First Hearing Date: 04th February 2019
    Decision Date: 06th December 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    06 Dec 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010046652018 Presented on 09042018 Registered on 01122018 Decided on 06122021 Duration Yrs. M. Days 03 07 27 CNR No. MHCC010046652018 EXH.11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.134 OF 2021 JYOTI DATTA WAGH Age: 31 Years, of Mumbai an adult Indian Inhabitant having her address at 1/11, Ram Niwas Chawl, Sunder Baug, Kurla (West), Mumbai400 070. ...Plaintiff. V/s. GITA TEJALAL MARU Age : not known of Mumbai an adult Indian…

    Read Full Order
    Order 1Full order available
    06 Dec 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010046652018 Presented on 09042018 Registered on 01122018 Decided on 06122021 Duration Yrs. M. Days 03 07 27 CNR No. MHCC010046652018 EXH.11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.134 OF 2021 JYOTI DATTA WAGH Age: 31 Years, of Mumbai an adult Indian Inhabitant having her address at 1/11, Ram Niwas Chawl, Sunder Baug, Kurla (West), Mumbai400 070. ...Plaintiff. V/s. GITA TEJALAL MARU 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.