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SUMMARY CIVIL SUIT - SUMMARY SUIT

Jyoti Datta WaghVsAanand Sitaram Gamre

CNR MHCC01006689201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 22nd November 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100638/2021
Registration Date
09 Aug 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 04-10-2021
    Business: None present for both parties.
    KB
    LO
    Adv Ramesh Jain present for the plaintiff.
    None present for the defendant.
    Matter is adjd to 04.12.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: P. O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv. Ramesh Jain for plff. present.
    None for deft.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Adv. of Plff. filed Affidavit of service marked as Exh.5- Affidavit of Service. TOR
    Matter is adjd. for Service to 23-03-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None present.
    Matter is adjd. for service to 29-07-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 16-02-2023
    
    Date: 16-02-2023
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    Business: None present.
    KB.
    Adv. Madhuri Shirke h/f Adv. Ramesh Jain present for plaintiff.
    As per the report Exh.5, the summons is served to the defendant, but failed to appear, hence, proceed Ex-parte.
    He tendered evidence affidavit and compilation of documents TOR marked as Exh. 6 and 7.
    He also tendered evidence closing pursis TOR marked as Exh.8.
    None present for defendant.
    Matter stands adjourned for Ex-parte evidence on 11-09-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Adv.Ramesh Jain present for plaintiff.
    None present for defendant.
    The following documents are Exhibited under the Exh.7.
    The document at Sr.No. 1 Promissory Note dated 20th September, 2016 being Exhibit “A” to the Plaint TOR marked as Exh.8.
    The document at Sr.No. 2 Plaintiffs Advocates letter dated 24th June, 2019 being Exhibit “B” to the Plaint alongwith the postal records in connection with the transmission and delivery thereof TOR marked as Exh.9.
    Article-A- Money Lender License.
    Article-B- Forms under Bombay Money Lending Act.
    Heard.
    Matter stands adjourned for argument on 27-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: None present.
    Matter stands adjourned for argument on 04-11-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: Adv.Madhuri Shirke h/f Ramesh Jain present for plaintiff.
    None present for defendant.
    Heard.
    KB
    L.O. at 4.30 pm.
    Judgment Exh.11.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.638/2021, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.2,00,000/- alongwith interest at the rate of 9 percent per annum, from the date of default i.e. notice issued by the advocate of plaintiff on 24/06/2019, till its full realisation from the defendant.
    3.Court fees, if any, be refunded as per rule.
    4.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: DECREED
    Disposal Date: 22-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107131/2019
    Filing Date: 29-06-2019
    First Hearing Date: 04th October 2021
    Decision Date: 22nd November 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Nov 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.638/2021 MHCC010066892019 Presented on : 29/06/2019 Registered on : 09/08/2021 Decided on : 22/11/2023 Duration : 04Y 04M 24D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.11 SUMMARY CIVIL SUIT NO.638 OF 2021 JYOTI DATTA WAGH of Mumbai, an adult Indian Inhabitant, having her address at 1/11, Ram Niwas Chawl Sunder Baug, Kurla (West), Mumbai - 400 070 through her C.A. Manjusha Nandkishor Shete. ] ] ]…

    Read Full Order

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