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SUMMARY CIVIL SUIT - SUMMARY SUIT

Sureshkumar Jaychandji JainVsKhimji Lakhamshi Shah +1 more

CNR MHCC01005733201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 21st August 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100636/2019
Registration Date
26 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 20-08-2019
    Business: Adjd
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv.Ramesh Jain for plaintiff present.
    None for defendant present.
    Matter adjd for report 16.12.2019.
    Next Purpose: REPORT
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: None present.
    Matter adj for Report to 16/03/2020
    L.O. at 1.45 p.m.
    Adv. Ramesh Jain for plaintiff present.
    He filed affidavit of service. T.o.r.
    Next Purpose: REPORT
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ramesh Jain for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 18.04.2020 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: REPORT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff. present.
    Matter is adjd to 12.01.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff. Present.
    Matter is adjd to 18.02.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 22.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 12/06/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: Due to Covid-19 Pendamic lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 23.09.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is Vacant.
    Next Purpose: REPORT
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 13/04/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on training
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    The Plaintiff has already filed joint Affidavit of Service dated 23/09/2019.  From the said affidavit it reveals that Defendants are duly served by this court by RPAD.  The acknowledgment to that effect are also placed on record.  As such service is complete.
         Inspite of the service in the year 2019 itself, Defendants did not cause their appearance.  Hence, suit to proceed Ex-parte.
    Matter adjourned to 23/09/2022 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: None for plaintiff.
    No ex-parte evidence led today.
    Matter adjd. to 28.11.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv.Ramesh Jain for plaintiff present.   He filed affidavit of evidence (Exh-3) along with list of documents (Exh-4).
    Following documents being originals are marked exhibit as under.
    Original Bill of Exchange dated 01.04.2014 (Exh-5).
    A Cheque dated 15th November 2016 and Memo of Dis-honoured.(Exh-6)
    Copy of demand notice dated 03/03/2017 along with postal records (Exh-7).
    Matter is adj to 13/02/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: None for plaintiff.
    None for defendant (Ex-parte).
    No argument in advance.
    Matter is adj to 24/04/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant (Ex-parte).
    Matter is adj to 11/07/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-07-2023
    
    Date: 11-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate are absent.
    Matter is adj to 03.08.2023 for Ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. Ramesh Jain for plaintiff present.
    Heard argument.
    Matter is adj to 09.08.2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ramesh Jain for plaintiff is present.
    As stenographer is on leave, Matter is adj to 21.08.2023 for Ex-parte Judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    FRSR following order is passed
    Order
    1.Summary Suit No.636/2019 is hereby partly decreed with costs.
    2.The defendants shall pay an amount of Rs.1,02,258/- (Rupees One lakh, Two Thousand, Two Hundred and Fifty Eight Only) to the plaintiff along with interest at the rate of Rs. 6 percent p.a. from 11-06-2019, date of filing of suit till its full realization.
    3.Both the defendants are jointly and severally liable to pay the decreetal amount.
    4. The plaintiff is entitled to get refund 2/3rd of court-fees paid by him.
    5. The decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 21-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106178/2019
    Filing Date: 11-06-2019
    First Hearing Date: 20th August 2019
    Decision Date: 21st August 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Aug 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010057332019 Presented on 11-06-2019 Registered on 26-06-2019 Decided on 21-08-2023 Duration 04Y: 02M: 10D Exhibit 08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 636 OF 2019 Sureshkumar Jaychandji Jain, Age 67 Yrs. ] of Mumbai an adult Indian Inhabitant ] Having his address at 30/32, Ramwadi, ] 3rd Floor, Mumbai - 02. ]...Plaintiff VERSUS 1. Khimji Lakhamshi Shah, Age not known ] of Mumbai an adult Indian Inhabitant ] Having…

    Read Full Order

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