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Commercial Suit

Mr. Bharat Govindlal ZaveriVsM/s. D.S. Kulkarni and Company +5 more

CNR MHCC01006525201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 01st April 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100361/2021
Registration Date
21 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    7

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 15-10-2019
    Business: PO is on leave
    Next Purpose: REPORT
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Rajesh h/f Adv. Maravoor for plaintiff present.
    Adv. for Defendant absent.
    Matter is adjd to 13.02.2020 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Rajesh h/f adv. Maravoor for plff. Present.
    Adv. For deft. Absent.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv. For the plff. Application filed for extension of time of summons for service defendant. Exh-5 Order- issue fresh summons as prayed.
    Matter is adjd to 31.03.2020 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 21.04.2021 for Affidavit of Services
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 15/07/2021 for Affidavit of  Service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2021
    
    Date: 15-07-2021
    Business: As PO is on leave.  Matter is adjd to 12.08.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. Rajesh Maravoor for plaintiff present.
    Adv. For plaintiff filed two service affidavits regarding deft. nos.1 to 6.  T.O.R.
    Exh.6 -  Adv. For plaintiff filed application for substituted service.
    O. - Summons to deft. nos.1 to 6 cannot be served on the addresses known to the plaintiff.  Considering the service affidavits filed on record, there is reason to believe that defendants are keeping out of the way for the purpose of avoiding service.  Therefore, summons to deft. nos.1 to 6 be served by publishing writ of summons in daily newspaper circulating in the locality in which defendants are last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
    The matter is adjd for affidavit of service to 29.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Rajesh Maravoor for plaintiff present.
    Adv. For plaintiff tendered service affidavit along with original writ of summons. T.O.R.
    Exh.7 - Affidavit of service.
    The matter is adjd for order to 08.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Malikarjun for plaintiff present.
    As per service affidavit (Exh.7), deft. nos.1 to 6 deemed to be served with writ of summons trough paper publication.  But, they failed to tender their appearance before the Court.  Therefore, suit to proceed ex-parte against deft. nos.1 to 6.
    The matter is adjd for ex-parte evidence to 08.11.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: P.O. is on leave. The matter is adjourned.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: NOB TOB.
    Exh.8 - Received service report from District Court, Pune.  T.O.R.
    The matter is already adjd to 29.11.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Mallikarjun K. i/b. M/s. Maravoor Wamorkar and Co. for plaintiff present.  He sought time for adducing evidence.  Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 05.01.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv. Mallikarjun K. i/b. Maravoor Wamorkar and Co. for plaintiff present. He sought time for filing evidence affidavit.  Time as prayed for is granted.
    The matter is adjd for ex-parte evidence to 08.02.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv. Mallikarjun K. for plaintiff present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for Ex-Parte evidence to 02.03.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv. Mallikarjun K. for plaintiff present.  He sought time for filing evidence affidavit.  Time as prayed for is granted as a last chance.
    The matter is adjd for ex-parte evidence to 17.03.2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Plaintiff present.
    Adv.Mallikarjun K. for plaintiff present.
    Plaintiff filed evidence affidavit of PW-1 Bharat Govindlal Zaveri.t.o.r. marked as Exh.9.
    Exh-10 :  List of documents.
    Contents in evidence affidavit are verified, read and recorded. Form the evidence affidavit of PW-1 (Bharat Govindlal Zaveri) following documents are proved and therefore they are exhibited as under :
    Cheques and return Memos.
    Office copy of notice dtd.01.03.2017 alongiwht postal
    receipts and acknowledgment.
    Reply by defendant.
    Particulars of claim.
    Evidence closing pursis filed by plaintiff.
    The matter is adjd for arguments to 24.03.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Adv. Rajesh Maravoor for plaintiff present.
    Heard arguments of Adv. For plaintiff.
    The matter is adjd for judgment to 01.04.2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv.  Malikaarjun K. for plaintiff present.
    Exh.19 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1. Commercial suit No. 361 of 2021 is decreed with costs.
    2. Defendants shall jointly and severally pay an amount of Rs.29,09,533/- (Rupees Twenty Nine Lacs, Nine Thousand, Five Hundred and Thirty Three only) alongwith interest @ 18 percent p.a. on  principal amount of Rs. 20,00,000/- to plaintiff from the date of the suit till it\''s realization within two months.
    3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
    4. Decree thus follow.
    Nature Of Disposal: DECREED
    Disposal Date: 01-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106936/2019
    Filing Date: 26-06-2019
    First Hearing Date: 15th October 2019
    Decision Date: 01st April 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Apr 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010065252019 Presented on : 26/09/2019 Registered on : 21/08/2019 Decided on : 01/04/2022 Duration : Y M D 02 05 15 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO. 361 OF 2021 (SUMMARY SUIT NO.828 OF 2019) Ex.19 Mr. Bharat Govindlal Zaveri Age: 65 years, Occ: Business, Residing at N2, Cuffe Castle, Cuffe Parade, Mumbai400 005. ..Plaintiffs VERSUS 1. M/s. D.S. Kulkarni…

    Read Full Order

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