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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Abdul Wakeel Mohd. Irish KhanVsMr. Shahnwaz Abrari Khan +1 more

CNR MHCC01004724201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 20th August 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100974/2021
Registration Date
16 Nov 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 24-01-2022
    Business: Adv Shahid for plaintiff present and filed application for issue fresh writ of summons. TOR.
    Matter is adjd for report to 04-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: P.O. is on Training
    Next Purpose: REPORT
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Adv. Mr. Shahid Husaini for Plaintiff present.
    Plaint – Exh. 1
    Vakalatnama – Exh. 2
    Memorandum of Address – Exh. 3
    List of Documents – Exh. 4
    Affidavit of Service filed by the Plaintiff.  From the affidavit it reveals that Defendant No. 1 is personally served on 31/01/2022.  The Defendant No. 2 was also found at his address, however he refused to accept the summons.  As such refusal to accept the summons amounts to good service.  Hence, service is complete on 31/01/2022.
    However, the Defendant\''s have not cause appearance.  Hence, suit to proceed Ex-parte against both the Defendants.
    Matter adjourned to 22/09/2022 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: Adv. for plaintiff present.
    Advocate for plaintiff seeks time to file documents and ex-parte evidence.
    Matter is adjd. to 12.12.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: As Court is busy in dictating judgment in Suit No.3365/2012, hence remaining first session board is discharged.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None for plaintiff.
    No ex-parte evidence is filed.
    Matter is adj as a last chance to 24/04/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Akbar Mirza for plaintiff present.    He seeks time to file ex-parte evidence.  Time granted.
    Matter is adj to 24/07/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Court is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Mumtaz Shaikh for plaintiff is present and requested for adjournment for filing evidence affidavit. Adjournment is granted in the interest of justice subject to costs of Rs.500/- payable to DLSA.
    Matter is adj to 06.12.2023 for filing affidavit of evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Mumtaz Shaikh h/f Adv. Patel for plaintiff is present and filed pursis along with the receipt of depositing costs of Rs.500/-. Taken on record. It is marked as Exh-6.
    Counsel for plaintiff filed affidavit of evidence of Abdul Wakeel Mohd. Idrish Khan and List of documents along with documents. Taken on record. They are marked as Exh-7 and 8 respectively. She also filed evidence close pursis. Taken on record. It is marked as Exh-9.
    Matter is adj to 15.02.2023 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: None present.
    KB
    LO at 1.12 pm
    Adv Ali Dange h/f Adv Patel for plaintiff present and argued on admission and denial of documents.
    Heard Adv for plaintiff.  Documents at Sr. no. 1 to 9 are original documents.  Documents at Sr. no. 10 and 11 are photocopies.  Therefore said documents are not marked an exhibited.  The other documents are marked and exhibited.
    Document at Sr. no. 1 is an original Leave and License Agreement marked as Exh. 10.
    Document at Sr. no. 2 is an original cheque bearing no. 042870 marked as Exh. 11.
    Document at Sr. no. 3 is an original cheque bearing no. 042872 marked as Exh. 12.
    Document at Sr. no. 4 is an original cheque bearing no. 042873 marked as Exh. 13.
    Document at Sr. no. 5 is an original deposit slips in respect of said cheques marked as Exh. 14.
    Document at Sr. no. 6 is an original bank Memo in respect of cheque no. 042870 marked as Exh. 15.
    Document at Sr. no. 7 is an original bank Memo in respect of cheque no. 042872 marked as Exh. 16.
    Document at Sr. no. 8 is an original bank Memo in respect of cheque no. 042873 marked as Exh. 17.
    Document at Sr. no. 9 is an original acknowledged copy of the police complaint marked as Exh. 18.
    Adv for plaintiff already filed evidence closing pursis and it is marked as Exh. 09.
    Matter stands Adj for Ex-parte Arguments on 26/03/2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-03-2024
    
    Date: 26-03-2024
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ali Dange h/f Adv. Patel for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 1.45 pm
    Adv. Ali Dange h/f Adv. Patel for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 25.06.2024 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ali Dange h/f Adv. Patel for plaintiff is present.
    Keep back.
    Later on at 1.47 pm
    Adv. Ali Dange h/f Adv. Patel for plaintiff is present.
    Heard ex-parte argument of counsel for the plaintiff.
    Matter is adj to 10.07.2024 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 2.59 pm
    Adv. Ali Dange for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 02.08.2024 for further arguments.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    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 1.01 pm
    Adv. Sajjad H. Patel for plaintiff is present.
    Heard ex-parte argument of counsel for the plaintiff.
    Matter is adj to 20.08.2024 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: 1)  	Summary Suit No. 974 of 2021 is hereby partly decreed with the costs.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 20-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105147/2019
    Filing Date: 25-04-2019
    First Hearing Date: 24th January 2022
    Decision Date: 20th August 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Aug 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010047242019 Presented on 25/04/2019 Registered on 16/11/2021 Decided on 20/08/2024 Duration 05Y: 03M: 25D Exhibit 19 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 974 OF 2021 Mr. Abdul Wakeel Mohd. Irish Khan ] Age- 45, Occu-Doctor ] Residing at Plot No.13/C/10, ] Road No.10, Baiganwadi, ] Govandi, Mumbai-400043. ]...Plaintiff VERSUS Mr. Shahnwaz Abrari Khan ] Age:- Adult, Occu-Business, ] Plot No.29/0/1, Shivaji Nagar, ] Gowandi, Mumbai, ] And Plot No.30-K-1,…

    Read Full Order

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