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SUMMARY CIVIL SUIT - SUMMARY SUIT

MAHAVIR LALCHAND RATHODVsDilip Namdeo Raut

CNR MHCC01004706202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 18th April 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100406/2020
Registration Date
29 Oct 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 14-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff. Present.
    Matter is adjd to 22.02.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 18.03.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff present.
    Matter is adjd to 21.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 01/07/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 30.08.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPORT
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd to  13.12.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd to 03.01.2022 for affidavit of service.
    Next Purpose: SERVICE
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Adv Ramesh Jain for plaintiff present.
    None for defendant.
    Matter is adjd for R/E to 21.01.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for R/E to 07.02.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As holiday declared by government to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.  Matter adj. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: None for Plaintiff.
    Affidavit of Service of Suit summons is filed by Plaintiff on 17/08/2021.  T.O.R.  The Sheriff Report reveals that the Defendant though served has refused to sign on the original summons.  As such service is complete.
    None for the Defendant.
    Hence, matter to proceed Ex-parte against the Defendant.
    Matter adjourned to 04/08/2022 for Ex-parte Evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 20.10.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: None for plaintiff.
    No ex-parte evidence is led.
    Same was the position on last date as well.
    Still interest of the justice one more opportunities is granted to led evidence if any.
    Matter is adj to 13/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: As Court is busy in dictating judgment in SUM No.75/15 and SUM 323/15, hence remaining first session board is discharged.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv.Ramesh Jain for plaintiff present.  He filed claim affidavit           (Exh-3)
    He also filed list of documents (Exh-4).
    Following documents being originals are marked exhibit as under.
    Original Promissory Note dated 05/10/2017 of Rs.70,000/-                  (Exh-5).
    Original copy of demand notice dated 03/03/2018 (Exh-6).
    Matter is adj to 18/04/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Ramesh Jain for plaintiff present.
    None for defendant (Ex-parte).
    Heard Ld.Adv. for plaintiff.
    F.R.S.R following order is passed.
    ORDER
    1)	Summary Suit No.406 of 2020 is hereby partly decreed 	with
              costs.
    2)	Defendant do pay on amount of Rs.70,000/- (Rupees Seventy 	Thousands Only) to the plaintiff along with interest at the 	rate of 9% per annum from the date of filing of the suit i.e. 	03/10/2020, till realization of entire amount.
    3)  	Plaintiff is entitled for refund of court fees as per rules.
    4)	Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 18-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104771/2020
    Filing Date: 03-10-2020
    First Hearing Date: 14th January 2021
    Decision Date: 18th April 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Apr 2023

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010047062020 Presented on :03102020 Registered on :29102020 Decided on :18042023 Duration :2Y6M15D EXHIBIT7 IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 406 OF 2020 MAHAVIR LALCHAND RATHOD Age 45 Yrs, of Mumbai, an adult, Indian Inhabitant, having his address at 140, Pine Bldg, D'lima Street, Dockyard (East), Mumbai400 010. ...Plaintiff Versus DILIP NAMDEO RAUT age not known of Mumbai an adult Indian Inhabitant, working for gain with Mazagon…

    Read Full Order

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