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Commercial Suit

Mrs. Minal K. Khemlani Through Mr. Kumar A. KhemlaniVsMr. Atul Arya

CNR MHCC01006259201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th February 2020

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100109/2019
Registration Date
18 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 18-10-2019
    Business: Adv for plaintiff Ms.Memon present.
    None for the defendant.
    Exh 02 Adv for plaintiff file application for issuance of fresh writ of summons against deft. O-Granted
    Matter is Adjd for Affidavit of Service to 30.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: Adv for plaintiff Mr.Ansur Bhuta present.
    None for the defendant.
    Adv for plaintiff submitted original suit summons along with affidavit of service with the remark that suit summons return back with the remark intimation posted.
    As per requested of Adv for plaintiff issue suit summons by way of RPAD on the second address of deft stated in the plaint.
    Matter is Adjd for Affidavit of Service to 10.01.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv for plaintiff Ms.Bhanushali present.
    None for the defendant.
    Adv for plaintiff filed Affidavit of Service with the remark that company is closed on the second address.
    O-It appears as per first Affidavit of Service suit summons is legally served as Intimation. It appears defendant fail to appear therefore, suit to proceed exparte against defendant.
    Matter is Adjd for Exparte Evidence to 04.02.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv for plaintiff Ms.Bhanushali present.
    None for the defendant.
    Exh 03 Adv for plff. filed Evidence Affidavit along with
    Exh 04 List of documents along with documents.
    Exh 05 Copy of the Passbook of the HDFC Bank ltd. Opera house branch of the plaintiff indicating the Translation.
    Exh 06 Original Bills of Exchange dt. 05.05.16.
    Exh 07 Original cheques dt. 11.06.18 and 07.08.18.
    Exh 08 Original return memo dt. 01.08.18 and 09.08.18.
    Exh 09 Copy of the Advocate Notice dt. 24.10.18 and the printed copy of the tracking information along with the postal receipts.
    Matter is Adjd for Final Argument to 05.02.2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Daily Board,
    Adv for plaintiff Mr.Bhuta present.
    None for the defendant.
    Heard Argument of Adv for plff.
    Matter is Adjd for Judgment to 06.02.2020.
    Next Purpose: JUDGMENT
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Daily Board,
    None present.
    Matter is Adjd for Judgment to 10.02.2020.
    Next Purpose: JUDGMENT
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv for plaintiff Mr.Bhuta present.
    None for the defendant.
    F.R.S.R. Following order is passed
    1. Suit is partly decreed with cost.
    2. Defendant is directed to pay sum of Rs. 5,69,041/- to plaintiff along with interest at the rate of 9 percent p.a. on the Sum of Rs. 5,00,000/-from the date of filing of the suit till its realisation.
    3. Decree be drawn accordingly.
    4. Court fee be refunded as per rules.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 10-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 106761/2019
    Filing Date: 21-06-2019
    First Hearing Date: 18th October 2019
    Decision Date: 10th February 2020
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Feb 2020

    Order Details: Copy of Judgment Pdf Text: :1: Commercial Suit No.109/2019 Received on : 21.06.2019 Registered on : 21.06.2019 Decided on : 10.02.2020 Duration : Y M D 00 07 22 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI COMMERCIAL SUIT NO. 109 OF 2019 CNR NO.: MHCC01-006259-2019 Mrs. Minal Kumar Khemlani Aged not known, an Adult, Indian Inhabitant, Through her Power of Attorney Holder, Mr. Kumar A. Khemlani Residing at 24, New Blue Gardenia CHS, 7th Floor, Peddar Road,…

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