Order Details: Other Pdf Text: 1 Order in SJ 320/18 in Comm. Suit 705/21 SUMMONS FOR JUDGMENT NO. 320 OF 2018 IN COMMERCIAL SUIT NO. 705 OF 2021 CNR NO. : MHCC010137982018 Exh.5 First Credit & Finance Company Pvt. Ltd. A Company registered under the Companies Act, 1956, and having its registered office at 509B, 507 Neelkanth, 98, Marine Drive, Mumbai – 400 002. ….Plaintiff Versus 1. Ahuja Properties & Developers A partnership firm having its office at A/201, Rajpipla,…
Commercial Suit
First Credit and Finance company Pvt LtdVsAhuja Properties and Developers +3 more
CNR MHCC01006766201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DECREED
Decision Date: 08th February 2023
TrustJury record updated 13 Sept 2026
Case Overview
- Registration Number
- 100705/2021
- Registration Date
- 30 Jul 2018
Advocates
2For Petitioner
For Respondent
Parties
5Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37
Case History / Proceedings
Case History
Date: 24-09-2018
Business: Adv. Nikhil Ghate for Plaintiff present.
Adv. U. M. Zaveri for Defendant no.1,3 and 4 present.
Matter is adjd. to 04/12/2018 for Steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-12-2018
Date: 04-12-2018
Business: Adv. Deepak for Plaintiff present.
Adv. Manisha Karkar for Defendant present.
Advocate for defendant has filed registered Ch/s no.2181/18 alongwith affidavit, Tor.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 16/01/2019 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Business: Adv.Ms. Sawant for Plaintiff present.
Adv. Ms. Manisha for Defendant present.
On the oral request of the adv for plaintiff,
Matter is adjd. to 14/02/2019 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 14-02-2019
Date: 14-02-2019
Business: Adv. Nikhil Ghate for Plaintiff present.
Adv. U. M. Jhaveri for Defendant no.1,3,4 present.
Read the Ch/s no.2181/18 and Reply. Heard.
Order below Ch/s no.2181/18
It appears that there is a delay of 16days in filing the affidavit in reply to the S/J. It appears that the defendant has shown the sufficient cost for not filing the reply within 10days from the receipt of S/J. Hence in the interest of Justice, it is just and necessary to condone the delay. In the result, Ch/s 2181/18 is made absolute. The delay cause in filing the reply is condoned. Reply is already filed on record.
Advocate for plaintiff has filed registered S/J no.320/18 alongwith affidavit.
Matter is adjd. to 18/03/2019 for Rejoinder to the S/J reply.
Next Purpose: REJOINDER
Next Hearing Date: 18-03-2019
Date: 18-03-2019
Business: Adv.Mr.Ghate for Plaintiff
Adv.Ms. Manisha for Defendant
Adv for plaintiff requested for adjournment
Matter is adjd. to 19/06/2019 for S/J Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: None present.
Matter is Adjd for S/J Hearing to 05/08/2019.
L.O.
Adv for defendant Mr. Madhukar Mulay present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-08-2019
Date: 05-08-2019
Business: Court is on leave .
Adjd to 15/10/19.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-10-2019
Date: 15-10-2019
Date: 04-12-2019
Business: Court is on half-day leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-01-2020
Date: 28-01-2020
Business: Adv. Bhumika for plaintiff
Adv. Sapna pasi for defendant filed vakalatnama for defendant.
Adv for plaintiff filed rejoinder to SJ. Copy served to the other side.
Adjd for SJ Hearing to 02-04-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-04-2020
Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-04-2020
Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-06-2020
Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-06-2020
Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-09-2020
Date: 17-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: None present.
Adjd to 22-02-2021
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-02-2021
Date: 22-02-2021
Business: PO is on special leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Adv. Shraddha Binwadekar for plaintiff present.
None for defendant
Matter is adjd.to 09-08-2021 for hearing on summons
for judgt.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. for plaintiff present.
None for defendant
Matter is adjd.to 09-09-2021 for sum. For Judgt hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: None for the plaintiff.
Adv. Sapna Pasi i/b Adv.Madhukar Mule for the defendant present and sought adjournment for hearing due to absence of advocate on record. O-Granted.
Matter is adjd.to 20.09.2021 for S/J hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None for plaintiff
Adv. Shraddha Birwadkar for defendant present.
Matter is adjd.to 11-10-2021 for sum. for judgt. Hrg
(2.45pm)
LO
Adv. Furkhana for plaintiff present.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
Adv. Shradha Birwadkar for defendant present.
As S/J No. 320/18 is pending for hearing for the period of more than two years, the plaintiff is directed to argue S/J on the next date of hearing failing which necessary order will be passed.
Matter is adjd.to 25-10-2021 for S/ J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-10-2021
Date: 25-10-2021
Business: Adv. Rashi Jain h/f Adv. Haresh Jagtiani and Associate for plaintiff present.
Adv. Shradha Birwadkar for defendant present.
Matter is adjd.to 12-11-2021 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Adv. Shariq Shaikh for plaintiff present and prayed for short adjournment for argument on S/J.
Considering the stage and roznama dtd. 11-10-2021, adjournment granted as the last chance for argument on S/J.
Adv. Shraddha Birwadkar i/b Adv. Madhukar Mulay for defendant present and filed vakalatnama t.o.r. and marked as Exh.2
Matter is adjd.to 10-12-2021 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: Adv. Jahnavi Vora for plaintiff present.
Adv. Shraddha Birwadkar for defendant
Matter is adjd.to 24-01-2022 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: Adv. Jahnavi Vora for plaintiff present and submitted that one suit against the defendants is pending in Court Room no.15 and the plaintiff is going to apply for transferring the matter in the same court. She prayed for adjournment. - short date be given.
None for defendant.
Matter is adjd.to 04-03-2022 for SJ hering.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Wrongly on board.
Matter is already adjd.to 04-03-2022 for S.J. hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: Adv. Ajay More for plaintiff present.
Adv. Ram Shatalwar h/f Adv. Naved Chawdhary for defendant no. 1 to 3 present and filed vakalatnama t.o.r. and marked as Exh.3
Matter is adjd.to 22-03-2022 for S/J hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-03-2022
Date: 22-03-2022
Business: Adv. Shariq Shaikh for plaintiff present and prayed for adjournment - short date be given.
None for defendant.
LO 3.30 pm.
Adv. Janvi Vora for plaintiff present.
None for defendant.
Matter is adjd.to 13-04-2022 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-04-2022
Date: 13-04-2022
Business: Adv. Janvi Vora for plaintiff present and submitted that one matter is pending in Court Room No. 15 between the same parties and the plaintiff has applied for clubbing of the matters. She prayed for adjournment. - Granted.
None for defendant
Matter is adjd.to 23-06-2022 for S/J Hrg. (2.45pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. Sharik Shaikh for plaintiff present and sought adjournment.
None for defendant when called.
Adjd for SJ hearing to 10/08/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: None present when called. Plaintiff and defendant are directed to argue SJ on next date
Adjd for SJ hearing to 31/10/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-10-2022
Date: 31-10-2022
Business: Adv. Pushpak Kanojia for plaintiff present and submitted that advocate on record is unwell.
Matter is old hence granted as last chance.
None for defendant when called.
Adjd for SJ hearing to 11/11/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-11-2022
Date: 11-11-2022
Business: Adv. Pushpavijay Kanoji for plaintiff present and seeks time to argue SJ. Granted as last chance. None for defendant when called.
Plaintiff is directed to argue SJ on next date failing which further orders will be passed.
Adjd for Sj hearing to 23/11/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. Suprabh Jain, Adv. Shariq Shaikh, Adv. Pushpvijay Kanoji for plaintiff present and submitted that he is ready to argue SJ.
None for defendant when called.
Court is busy in passing order in other suit hence adjourned.
Adjd for SJ hearing to 29/11/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-11-2022
Date: 29-11-2022
Business: Adv. Suprabh Jain, Adv. Shariq Shaikh and Adv. Pushpvijay Kanoji for plaintiff present.
Defendant absent. Plaintiff is ready to argue SJ.
Adjd for SJ hearing to 14/12/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-12-2022
Date: 14-12-2022
Business: Adv. Shaikh shariq along with adv. Pushpvijay Kanojia i/b Haresh Jagtiani and associates for plaintiff present.
None for defendant when called.
Adjd for SJ hearing to 19/12/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. Suprabh Jain a/w Adv. Shariq Shaikh a/w Pushpvijay Kanoji for plaintiff present.
None for defendant
Heard arguments of Adv. Suprabh Jain for plaintiff
Exh.4 - Written submission filed by the plaintiff - read and recorded
Adjd to 23.12.2022 for argument of defendant.
Next Purpose: ARGUMENTS
Next Hearing Date: 23-12-2022
Date: 23-12-2022
Business: Adv. Pushpavijay Kanoji i/b Adv. Haresh Jagtiani and associates for plaintiff present.
None for defendant when called. Adv. for defendant absent.
Sufficient opportunity is given to defendant to argue SJ but defendant not argued the Summons for judgment. Hence matter posted for order on Summons for judgment no. 320/18 without argument of defendant.
Written notes are already filed by plaintiff. Hence matter posted for order.
Adjd for SJ orders to 07/01/2023
Next Purpose: ORDER
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. Pushpvijay Kanoji for plaintiff present. None for defendant.
Court is busy in passing judgment in other suit hence adjd.
Adjd for SJ orders to 12/01/2023
Next Purpose: ORDER
Next Hearing Date: 12-01-2023
Date: 12-01-2023
Business: Adv Pushpvijay Kanoji for plaintiff is present.
None for defendant.
Court is busy in Recording evidence in Commercial suit no. 211 of 2021.
Case is adjourned for order to 20-01-2023.
Next Purpose: ORDER
Next Hearing Date: 20-01-2023
Date: 20-01-2023
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: P.O. is on leave.
Next Purpose: ORDER
Next Hearing Date: 06-02-2023
Date: 06-02-2023
Business: None for plaintiff.
None for defendant.
Court is busy in dictating judgment in Commercial Summary 82 of 22, and dictating order in Summons for judgment No. 16 of 22, NM No. 3624 of 22.
Case is adjourned for order to 08-02-2023.
Next Purpose: ORDER
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: Adv. Suprabh Jain a/w Pushpvijay Kanoji for plaintiff present.
None for defendants.
Court pronounced order in open Court.
Exh. 5 order of Summons for Judgment.
F.R.S.R. following order is passed in SJ 320 of 2018
- ORDER -
1. Summons for Judgment No. 320 of 2018 is allowed.
2. Commercial Suit No. 705 of 2021 is decreed with costs.
3. The defendant nos. 1 to 4 are jointly and severally liable to pay to the plaintiff a sum of Rs.7,04,500/- (Rs. Seven Lakhs Four Thousand and Five Hundred only) along with interest at the rate of 12 percent per annum on the principal amount of Rs.5,00,000/- from the date of filing of the suit till realization within three months from the date of this decree.
4. The defendants shall bear the cost of the suit.
5. Court fee be refunded to the plaintiff as per rule.
6. Decree be drawn up accordingly.
7. The proceeding of Summons for Judgment No. 320 of 2018 is closed.
Nature Of Disposal: DECREED
Disposal Date: 08-02-2023Additional Case Details
Additional Case Details
Filing Number: 107443/2018 Filing Date: 06-06-2018 First Hearing Date: 24th September 2018 Decision Date: 08th February 2023 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
08 Feb 2023
Order 1Full order available
08 Feb 2023
Order Details: Other Pdf Text: 1 Order in SJ 320/18 in Comm. Suit 705/21 SUMMONS FOR JUDGMENT NO. 320 OF 2018 IN COMMERCIAL SUIT NO. 705 OF 2021 CNR NO. : MHCC010137982018 Exh.5 First Credit & Finance Company Pvt. Ltd. A Company registered under the Companies Act, 1956, and having its registered office at 509B, 507 Neelkanth, 98, Marine Drive, Mumbai – 400 002. ….Plaintiff Versus 1. Ahuja Properties & Developers A partnership firm having its office at A/201, Rajpipla,…
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