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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Otarmal Kantilal and Co.VsYogesh Bhagaram Adhalge +1 more

CNR MHCC01005411202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 23rd August 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100046/2021
Registration Date
22 Jan 2021

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37

    Case History / Proceedings

    Case History
    Date: 19-03-2021
    Business: None present
    Adjd to 27-08-2021
    Next Purpose: REPORT
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Plaintiff present.
    KB
    LO
    None present.
    Matter is adjd to 29.09.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv Divya Jain present for the plaintiff.
    None present for the defendant.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5   He filed application for writ of summons TOR
    Exh.6 He filed application for deleting the name of defendant no.2 TOR
    Defendant no.1 was duly served on writ of summons on 18.06.2021. Defendant no.1 failed to appear perused report of bailiff and service affidavit at Exh.5. Suit to proceed exparte against the defendant no.1
    Plaintiff has sought permission to delete the name of defendant no.2 from the suit. Vide application Exh.6. Application is allowed plaintiff to carry out necessary amendment in the plaint immediately. Matter be listed out exparte hearing.
    KB
    Matter is adjd to 12.11.2021 for compliance/exparte hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. Mr. Dilip Satle for Plaintiff present and filed Affidavit of
    Exh. 7	Claim.
    Exh. 8	Compilation of documents.
    	None present for Defendant.
    	Heard advocate for the Plaintiff.
    	Matter adj. to 24/11/2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv. Divya Jain for the plaintiff present.
    None for defendants.
    Matter is adjd. to 18/01/2022  for filing affidavit of evidence and list of document.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 04-04-2022 for Filing affidavit of Document.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: None present.
    Matter is adjd. for filing affidavit of document to 04-08-2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: As court is vacant
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: As court is vacant
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: As court is vacant
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: As court is vacant.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: Adv.Shreyas Pandale present for plaintiff.
    None for defendant.
    Plaintiffs Advocate already tendered list of document which is at Exh. 8 already exhibited.
    Document at Sr.No.2 is the Bill of Exchange dated 29th June 2017 TOR marked as Exh.9.
    Document at Sr.No.3 is the plaintiffs advocates letter dated 18th November 2019, alongwith the Courier records in respect thereof TOR marked as Exh.10.
    Heard.
    Matter stands adjourned for hearing on 08-08-2023.
    Next Purpose: HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: None present.
    KB.
    L.O. at 3.42 pm.
    Adv.Shreyas Pandale present for plaintiff.
    None present for defendant.
    Heard Counsel of plaintiff.
    Matter stands adjourned for further argument on 23-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None present.
    KB.
    Adv. Divya Jain present for plaintiff, tendered evidence closing pursis TOR marked as Exh.11.
    Heard.
    KB.
    L.O. at 5.20 pm.
    Judgment Exh.12
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.46/2021, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.60,000/- alongwith interest at the rate of 9 percent  per annum, from the date of default i.e. notice issued by the advocate of plaintiff on 18/11/2019, till its full realisation, from defendant No.1.
    3.Decree be drawn up accordingly.
    4.Court fees, if any, be refunded as per rule.
    (Judgment pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 23-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105892/2020
    Filing Date: 02-12-2020
    First Hearing Date: 19th March 2021
    Decision Date: 23rd August 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Aug 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.46/2021 MHCC010054112020 Presented on : 02/12/2020 Registered on : 22/01/2021 Decided on : 23/08/2023 Duration : 02Y 08M 23D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.12 SUMMARY CIVIL SUIT NO.46 OF 2021 M/S. OTARMAL KANTILAL & CO. a Registered Partnership Firm carrying on business at Shop No.8, Kalyan Building No.2, Sadashiv Cross Lane, Kandewadi, Bombay-400 004, through its Partner Mr. Parasmal Otarmal Jain. ] ] ]…

    Read Full Order

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