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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Partik R. GoradiaVsZeus Housing and Construction Ltd +1 more

CNR MHCC01004996201883-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 27th September 2024

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100959/2019
Registration Date
03 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 04-12-2019
    Business: Nobody present.
    Adjd. to 16/03/2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Adv. Aparna Shinde for plaintiff present.
    Adjd for report to 20/06/2020.
    Next Purpose: REPORT
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Tejashree Panchal for plaintiff present.
    None for defendant.
    Today matter is for report.
    She seeks time to file affidavit of service. Time granted till next date.
    Matter adjd for affidavit of service to 19-04-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    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: 14-07-2021
    
    Date: 14-07-2021
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: None present.
    Matter adjd for service affidavit to 30-11-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Tejaswi Panchal  for plaintiff present.
    None present for defendant.
    Time sought for filing service affidavit.
    Matter Adjd for service affidavit on 03/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: None present.
    Matter Adjd for service affidavit on 28/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: None present.
    Matter Adjd for service affidavit on 26/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None present.
    Matter Adjd for affidavit of service on 05/11/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: Adv. Aparna Shinde for plaintiff present.
    None present for defendant.
    Matter Adjd for steps on 10/01/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Representative of plaintiff present.
    None present for defendant.
    Exh.02 - Service affidavit. O-seen.
    Matter Adjd for ex-parte order on 20/02/2023.
    Next Purpose: ORDER
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: Adv. Tejashri Panchal h/f Adv. Aparna Shinde for plaintiff present.
    None present for defendant.
    Order below Exh.01
    Defendants duly served as per Exh.02, but they failed to appear. Hence to proceed ex-parte against them.
    Matter Adjd for ex-parte evidence on 20/04/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Adv. Aparna Shinde for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for ex-parte evidence on 18/07/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: P. O. is on leave.
    Hence, Matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: P.O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: P.O. is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: court is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-03-2024
    
    Date: 19-03-2024
    Business: Court is Vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: P. O. is on Training.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-07-2024
    
    Date: 10-07-2024
    Business: Court is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: Adv. Dipika Vartak for plaintiff present and filed evidence affidavit along with list of document taken on record and marked as Exh.03 and Exh.04.
    Matter is adjourned to 04.09.2024 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-09-2024
    
    Date: 04-09-2024
    Business: Plaintiff present.
    Adv. Aparna Shinde for plaintiff present.
    Exh.05 - The original Statement of Account issued by the City Co-Operative Bank Ltd., Girgaum Branch.
    Exh.06 - The office copy of letter dated 28.03.2015.
    Exh.07 - The original returned cheques Nos. 42766 and 42774 dated 23.04.2015.
    Exh.08  - The bank memos dated 23.04.2015 issued by the City co-op. Bank Ltd., Mumbai.
    Exh.09 - The office copy of Legal Notice dated 05.01.2018 a/w the postal receipt and acknowledgment dated 11.01.2018.
    Matter is adjourned to 20.09.2024 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: Adv Dipika Vartak h/f Aprana  Shinde for the plaintiff present.
    Plaintiff present.
    Final argument of Advocate Vartak heard.
    Matter is adjourned to 27.09.2024 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 27-09-2024
    
    Date: 27-09-2024
    Business: None present.
    F. R.S.R. following order is passed.
    ORDER
    1.The Summary Suit No.959 of 2019 is decreed with costs.
    2.The defendants are directed to pay an amount Rs.40,00,000/- (Rs. Forty Lakh only) to the plaintiff with interest at the rate of 9 percent p.a from 05.09.2014 till its realization.
    3.The decree be drawn up accordingly.
    4.R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 27-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105405/2018
    Filing Date: 16-04-2018
    First Hearing Date: 04th December 2019
    Decision Date: 27th September 2024
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    27 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010049962018 Presented on 16-04-2018 Registered on 03-10-2019 Decided on 27-09-24 Duration Year Month Days 06 05 11 CNR No. MHCC010049962018 EXH. IN THE BOMBAY CITY CIVIL COURT AT MAZGAON SUMMARY SUIT NO.959 OF 2019 Mr. Partik R. Goradia Age: 49, Occupation : Business Residing at 403, Hormuzd Apt., 131, August Kranti Marg, Kemps Corner, Mumbai – 400 036. ...Plaintiff. Versus 1. Zeus Housing & Construction Ltd A Company registered under the provisions of Company…

    Read Full Order
    Order 1Full order available
    27 Sept 2024

    Order Details: Ex-parte Judgement Pdf Text: MHCC010049962018 Presented on 16-04-2018 Registered on 03-10-2019 Decided on 27-09-24 Duration Year Month Days 06 05 11 CNR No. MHCC010049962018 EXH. IN THE BOMBAY CITY CIVIL COURT AT MAZGAON SUMMARY SUIT NO.959 OF 2019 Mr. Partik R. Goradia Age: 49, Occupation : Business Residing at 403, Hormuzd Apt., 131, August Kranti Marg, Kemps Corner, Mumbai – 400 036. ...Plaintiff. Versus 1. Zeus Housing & Construction Ltd A Company registered under the provisions of Company…

    Read Full Order

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