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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Dilip Kumar Ramlal AwastiVsMs. Seema Jaiwal

CNR MHCC01005843201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th July 2023

TrustJury record updated 12 Sept 2026

Case Overview

Registration Number
100691/2019
Registration Date
04 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 28-08-2019
    Business: Plaintiff is present.
    Adv.Sohail Ahemed for plaintiff present.
    Matter adjd for report to 11.10.2019.
    Next Purpose: REPORT
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Plaintiff is present.
    Adv. Sohail Ahmed for plaintiff present.
    None for defendant present.
    Matter adjd for Report 19.12.2019
    Next Purpose: REPORT
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Adv. Abdulla for Plaintiff present.
    Adv. for defendant absent.
    He filed affidavit of service.
    Matter adjourned for Appearance to 03/03/2020.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Abdul Navab for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 04.04.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Due to Covid-19 pandemic none appeared.
    Next Purpose: REPORT
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on Leave.
    Matter is adjd to 03.04.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Nazama for the plff present.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 16.07.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 18.09.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Adv for plaintiff present.
    None for defendant.
    Adv Sohal Ahmed for plaintiff submitted that he has served writ of summons on the defendant and he will produce service affidavit on next date.
    Matter is adjd for report on 14-02-2022
    Next Purpose: REPORT
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Plaintiff present.
    Adv Soyal Ahmed for plaintiff  present.
    None for defendant.
    Matter is adjd for  report on 26-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Sohail Ahmed for Plaintiff present and submits that he has already filed affidavit of service.
    On perusal of affidavit of service it appears that defendant is served with writ of summons by way of RPAD on 13.08.2019.  Inspite of service defendant has not caused appearance till date.  Hence, suit to proceed ex-parte.
    None for Defendant.
    Matter adjourned to 03.10.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv.Aamir Koradia h/f Adv.Sohal Ahmed for plaintiff present.
    At the request Ld.Adv. for plaintiff.
    Matter is adj to 19/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Adv Dalavi for plaintiff present.
    None for defendant.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv for plff filed affidavit of evidence of plaintiff. Exhibit-5
    Order- read and recorded.
    He also filed list of document. Exhibit-6
    The list of document is not in proper form. Plaintiff to rectify the same.
    Matter is adj to 15.02.2023 for compliance/ex-parte evidence.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Adv.Umar Dalvi h/f Adv.Rajendra Rathod for plaintiff present.  He seeks time to comply order dated 19/12/2022.  Time granted as a last chance.
    None for defendant (Ex-parte)
    Matter is adj to 28/02/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: As Court is busy in inquiry matter. Hence, afternoon board is discharged.
    Parties are at liberty to tender affidavit in chief, reply, applications, etc. if any.
    Matter is adj to 31.03.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: None present for the plaintiff.
    None present for the defendant.
    This Court by Order dtd. 19.12.2022, had directed plaintiff to rectify the list of documents. It appears that same is not complied with. Still, in the interest of justice one more opportunities to comply the said Order is granted. If plaintiff fails to comply the same, the matter would proceed further without marking, those documents.
    Matter is adj to 03.07.2023 for compliance.
    LO at 03:09 pm.
    Adv. Mr. Abdullah Makuojia h/f Adv. Rajendra Rathod for the plaintiff is present and filed additional documents. TOR. It is marked at Exhibit 06/A.
    Original ledger account. It marked at Exh. 07.
    Original copy bills/invoices. It is marked at Exh. 08. Colly.
    Original form C issued by the Central Sales Tax, Madhya Pradesh. It  is marked at Exh. 09.
    Advocate for the plaintiff filed evidence close pursis. TOR. It is marked at Exh. 10. O- Filed.
    Matter is adj to 03.07.2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Umar Dalavi for plaintiff present.
    Heard final arguments of Ld. Counsel for plaintiff.
    Matter is adj to 10.07.2023 for Ex-parte judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate absent.
    FRSR following order is passed on Sum. Civil Suit. No.691/19
    Order
    1.The Summary suit No. 691 of  2019 is partly decreed with costs.
    2.The defendant shall pay the amount of Rs.9,62,172/- (Rupees Nine Lakhs Sixty Two Thousand One Hundred and Seventy Two only) to the  plaintiff along with interest at the rate of Rs.9 percent p.a. from 27-04-2018 till its full realization.
    3.The plaintiff is entitled to get refund 2/3rd court fees paid by him.
    4.Decree shall be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 10-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106369/2018
    Filing Date: 27-04-2018
    First Hearing Date: 28th August 2019
    Decision Date: 10th July 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    10 Jul 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010058432018 Presented on 27-04-2018 Registered on 04-07-2019 Decided on 10-07-2023 Duration 05Yrs : 02M:13D Exhibit 11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 691 OF 2019 Mr. Dilip Kumar Ramlal Awasti ] Proprietor of New Excel Wear ] Having office at Shree Ranuseth SRA ] Co-Op. Hsg. Society, Building No. 02, ] Shop No. 2,4,5 & 6, Ground Floor, ] Khedgally, Dadar (W), Mumbai- 25. ]...Plaintiff VERSUS Ms. Seema Jaiwal…

    Read Full Order
    Order 1Full order available
    10 Jul 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010058432018 Presented on 27-04-2018 Registered on 04-07-2019 Decided on 10-07-2023 Duration 05Yrs : 02M:13D Exhibit 11 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 691 OF 2019 Mr. Dilip Kumar Ramlal Awasti ] Proprietor of New Excel Wear ] Having office at Shree Ranuseth SRA ] Co-Op. Hsg. Society, Building No. 02, ] Shop No. 2,4,5 & 6, Ground Floor, ] Khedgally, Dadar (W), Mumbai- 25. ]...Plaintiff VERSUS Ms. Seema Jaiwal…

    Read Full Order

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