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SUMMARY CIVIL SUIT - SUMMARY SUIT

Shankar Malku AnnareddyVsSmt. Sushma Sudhir Sawant +1 more

CNR MHCC01005492202081-COURT 81 ADDL. SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 22nd March 2025

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100539/2020
Registration Date
14 Dec 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 21-12-2020
    Business: By Precipe,
    Adv for plaintiff Mr.Ramesh Jain present.
    None for the defendant.
    Adv for plaintiff filed draft N/M along with affidavit.
    O-Leave Granted to register N/M.
    Already Adjd for Affidavit of Service of N/M to 04.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Adv.Ramesh Jain for plff present.
    Adv. for deft absent.
    Adv. of plff tender original NM no. 2015/2020.
    Heard. In the NM the relief are claimed against the MCGM.
    On oral request of Adv.for plaintiff matter kept on 12.01.2021.
    Adjd for affidavit of service on 12.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv. Ramesh Jain for plff/decree holder is present.
    On behalf of MCGM, L-ward Sanjay Pawar Head Clerk is present.
    On oral request of BMC adjourned for filing reply on NM 2015/2020. Matter be kept for NM reply and hearing on 29.01.2021.
    Adjd for NM reply and hearing on 29.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Ramesh Jain for plaintiff is present.
    Adv. Jyoti Mhatre for respondent/BMC is present.
    AO Madhuri Mali is present.
    On oral request of Adv. for BMC adj for filing reply.
    Adjd for filing reply on 15.03.2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: As P.O. is on 40 hrs Online Mediation Training for the
    Judicial Officers scheduled to be held from 15th to 22nd March, 2021
    Next Purpose: REPLY
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
    Next Purpose: REPLY
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff present.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv. For the plff filed affidavit of service. t.o.r. marked as Exh-5
    Order- seen and filed.
    Ex-parte order passed below Exh-1
    Order- Defendant duely served with suit summons, but failed to appear. Hence, suit to proceed ex-parte against the defendant.
    Adv. For the plff filed list of document. t.o.r. marked as Exh-6
    Order- seen and filed.
    Matter is adjd to 28.08.021 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: COURT IS VACANT
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Court is Vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: None present.
    Matter is adjd for arguments to  27.01.2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: None present.
    Matter is adjd for arguments on 06-04-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: CORAM H.H.J. SMT. C.V. PATIL C.R. NO. 15
    Matter pertaining to CR 61
    Advocate Mr. Sunil Khandagale for Corporation for BMC present.
    SO of BMC Mrs. Madhuri Mali appear on record in rely of service of NM No. 2015  of  2020.
    She filed reply to NM No. 2015  of  2020. Matter is adjd  for service of reply of plaintiff and hearing on NM to 21.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Ramesh Jain for Plaintiff present.
    None for Defendant.
    None for Garnishee.
    Adv. Jain submits that the corporation/garnishee has filed reply to NM No. 2015/2020 however copy is not provided to him.
    The garnishee and its counsel directed to provide the copy of reply to the plaintiff.
    Matter adjourned to 17.08.2022 for reply.
    L.O. at 05.28 pm
    Adv. Neha Jadhav filed V/P for defendant no. 1 and 2. TOR marked as Exh-
    O :- Filed.
    Adv. Smt. Jadhav submits that the respondent no. 1 and 2 have not receive the copy of the plaint and documents. Plaintiff has appeared in the matter after knowing about present matter from BMC.
    In view of the submission made by defendant no.1 and 2. plaintiff to supply the copies.
    Matter is already adjourned to 17.08.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: As Court busy in arguments and dictation of order in SJ No.15 of 2021 hence, board is discharged.
    Matter adjourned to 27.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: As Court busy in arguments and dictating order in Summons for Judgment No.172 of 2017, hence matter adjourned to 26.11.2022 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2022
    
    Date: 26-11-2022
    Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None for plaintiff.
    None for Defendant.
    Plaintiff to satisfy to this court about maintainability of N/M No.2015/2020 taken out against the employer of deceased borrower for attachment before Judgment.
    Matter is adj to 03/01/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Adv.Ramesh Jain for plaintiff present.   He filed claim affidavit (Exh-7)
    Adv. for plaintiff points out that plaintiff has tendered on record the original documents (Exh-6).
    Matter is adj to 06/03/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    This court by order dated 10/12/2022 had raised query about the maintainability of the N/M No.2015/2020.  Plaintiff to satisfy to this court on the said point.
    Matter is adj to 17/04/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Plaintiff was directed to satisfy this court about maintainability present N/M against Employer deceased Borrower for  attachment before judgment.
    As plaintiff is absent, matter is adj to 19/07/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    As Court is busy in recording evidence in SC No. 334/21, board is discharged.
    Matter is adj to 25.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Both parties and their counsel are absent.
    Matter is adj to 11.12.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 21.03.2024 for Notice of motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2024
    
    Date: 21-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Parties are given last chance to argue on notice of motion.
    Matter is adj to 24.04.2024 for hearing on Notice of Motion.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2024
    
    Date: 24-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ramesh Jain for plaintiff present.
    Defendant and advocate absent.
    Matter is adj to 21.06.2024 for Hearing on Admission and denial on document and hearing on NM.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
    Matter is adj to 31.07.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 12.18 pm
    The plaintiff in person is present.
    Adv. Ramesh Jain for plaintiff is present.
    Heard counsel for plaintiff on admission and denial of documents.
    Matter is adj to 03.09.2024 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 03-09-2024
    
    Date: 03-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present.
    Perused documents filed by the plaintiff vide list Exh-6. Document at Sr. No.1 is original, document at Sr. No.2 is office copy along with original Postal receipt, A. D. Cards and sealed returned envelopes. Hence, these documents are marked as Exhibits.
    Document at Sr. No.3 to 5 are photocopies. Hence, these documents cannot be marked as Exhibits.
    Exh-8 Promissory Note dated 15.04.2020
    Exh-9 (colly) Letter dated 01.12.2020 along with original Postal receipt, A. D. Cards and sealed returned envelopes.
    Matter is adj to 05.10.2024 for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-10-2024
    
    Date: 05-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 13.11.2024 for further evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-11-2024
    
    Date: 13-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Ramesh Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 27.11.2024 for recording evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-11-2024
    
    Date: 27-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Matter is adj to 30.01.2025 for cross-examination of PW-1.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and filed pursis to refer matter to lokadalat. Taken on record. It is marked as Exh-10. Hence, matter is referred to lokadalat.
    Matter is adj to 22.03.2025 for lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: NATIONAL LOK-ADALAT HELD ON 22.03.2025 (Panel-XIV)
    Matter pertaining to C.R. No.81
    Mr. Shankar Annareddy, plaintiff is present present through Video Conference via Whats App calling his mobile No. 7506046371 on Mobile of Advocate of plaintiff Mr. Madhuri Shirke bearing Mobile No. 8082071864, witness by Advocate Madhuri Shirke.
    Adv. Madhuri Shirke h/f Ramesh Jain for plaintiff is present and filed withdrawal pursis along with authority letter and aadhar card. Taken on record. It is marked as Exh-08-Colly.
    Order below Exh-08
    The counsel for plaintiff has filed an pursis below Exh-07-Colly. for withdrawal of summary suit. Plaintiff and his advocate are present. Plaintiff submitted that defendant has settled the claim account.  Therefore, plaintiff does not want to proceed with the matter.
    In view of the submissions of representative of plaintiff and his advocate as well as contents in the pursis for withdrawal of the suit at Exh-08,
    Court fee be refunded as per rules.
    the Summary suit No. 539 of 2020 is hereby stands disposed of, as withdrawn unconditionally.
    As the suit is disposed off the Notice of Motion No.2015/2020 does not survive.
       Adv. H.S. Gill                    H.H.J. Shaikh Akbar Shaikh Jafar
      Panel Member                                    Panel Head
    Nature Of Disposal: LOKADALAT
    Disposal Date: 22-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 105976/2020
    Filing Date: 05-12-2020
    First Hearing Date: 21st December 2020
    Decision Date: 22nd March 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Mar 2025

    Order Details: Other Pdf Text: 22.03.2025 NATIONAL LOK-ADALAT HELD ON 22.03.2025 (Panel-XIV) Sr. No.- 15 SUM 539/2020 NM 2015/2020 Exh.08-Colly. Matter pertaining to C.R. No.81 Mr. Shankar Annareddy, plaintiff is present present through Video Conference via What’s App calling his mobile No. 7506046371 on Mobile of Advocate of plaintiff Mr. Madhuri Shirke bearing Mobile No. 8082071864, witness by Advocate Madhuri Shirke. Adv. Madhuri Shirke h/f Ramesh Jain for plaintiff is present and filed withdrawal pursis along with authority letter and…

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