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SUMMARY CIVIL SUIT - SUMMARY SUIT

Harsha Vikram SahjwaniVsViren Bhansali +1 more

CNR MHCC01006835201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 06th May 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100740/2019
Registration Date
23 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-09-2019
    Business: Matter called out(11.36am)
    Adv.Kavita Lalwani for plaintiff present tendered summons for judgment.
    O-Leave is granted to register the summons for judgment.                                                                                                    Defendant and his advocate absent.                                                   Matter adj to 16/10/19 for appearance of defendant.
    Next Purpose: ADDITIONAL ISSUES
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Court is busy hearing on NM 185/18,NM 186/18 and NM 187/18.
    Adv.Kavita Lalwani for plaintiff present.
    Adv.Harshada Pednekar i/b ADv.Sarika Tripathi for defendant present.
    Matter is adj to 11/12/19 for additional issue.
    Next Purpose: ADDITIONAL ISSUES
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Matter is called out at 4.05pm
    Adv.Kavita Lalwani for plaintiff present filed registered summons for judgment. T.O.R
    Adv.Sarika Tripathi for defendant present she made statement that she has not serve with the summons for judgment.
    Adv.Kavita Lalwni for plaintiff did not file service affidavit of summons for judgment. She fairly accepted there is no acknowledgement of service.  She serve the copy today in the court.
    Matter is adj to 15/02/2020 for reply and hearing summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Matter is called out at 3.18 p.m.
    Adv Kavita S. Lahwahi for the pltff present, she tendered summons for judgment(Exh. 3(colly)) along with the original documents as per list. TOR, Copy served on the defendant.  She filed service affidavit(Exh. 4).  TOR.
    Adv Richa h/f Adv. Sarika Tripathi the Defendant present and filed adjournment application(Exh. 5) on the ground that advocate on record is not in town.  O- Allowed.
    Matter is adjd to 04/04/2020 for Summons for Judgment Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: Due to Covid-19 None present Adj to 20.08.2020
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: National Lock-down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 10.03.2021 for  SJ for hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Matter pertains to C.R.NO.4
    None for plff.
    Adv.  Sarika Tripathi for deft. present and tendered draft N.M. along with affidavit. Leave granted to registered N.M. Copy be served to other side.
    Adjd to 22.06.2021 for  service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adv. Kavita for plff present.
    Adv. for plff stated that the notice of motion filed by the deft is not served to the plff.
    None for defts.
    Due to Covid-19 pandemic, adjd. to 23.08.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Adv. Sarika Tripathi for defendant No. 1 and 2 present.
    Adv. for defendant filed registered notice of motion No. 1226/2021 along with affidavit in support. t.o.r.
    Adjd for NM reply/NM hearing to 04/09/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Adv. For defendant present.
    Adv. For plaintiff filed affidavit in reply to Notice of motion No. 1226/21. t.o.r.
    Adv. For plaintiff stated that she is ready to argue the Notice of motion. Adv. For defendant is seeking time on the ground that his senior is not available today. Adv. For plaintiff stated that it is the delaying tactics of defendant so that the proceeding will prolong and deft will get benefit of the said delay.
    The summary suit is filed for recovery of amount of Rs. 1,69,000/-. Plaintiffs age mentioned in the title of plaint is 60 years.
    Adjournment granted to defendant as last chance to argue Notice of motion on next date failing which the Notice of motion will be decided without argument of defendant.
    Adjd for NM arguments to 15/09/2021
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Adv. Ms. Kavita Lalwani for plaintiff present.
    Adv. Sarika Tripathi For defendant present.
    FRSR the following order is passed in  NM No. 1226/2021
                                      ORDER
    1. Notice of Motion is allowed on payment of cost of Rs.2000/- (Rs. Two Thousand Only) to the plaintiff to be paid within one month.
    2. On payment of the above amount within the above period, delay of one year is condoned to file leave to defend and defendants are directed to file the leave to defend immediately.
    3. Accordingly, Notice of Motion is disposed of.
    Adjd for SJ hearing to 14/10/2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: At 11.25 am
    Adv. Kavita Lalwani for plaintiff present.
    Adv. Sarika Tripathi For defendant no. 1 and 2 present.
    Adv. For defendant filed leave to defend. t.o.r.
    Adjd for SJ hearing to 09/12/2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 02.56 pm.
    Adv. Lalwani for plaintiff present.
    None present for defendant.
    Affidavit in rejoinder to the leave to defendant filed by Adv. For plaintiff. TOR.
    Plaintiff to serve the copy of affidavit in rejoinder to the defendant.
    Adjd for SJ hearing to 13/01/2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Dt.13/01/2022
    Sum 740/19
    sj 234/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 11.18 am
    None present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for hearing to 03-03-2022.
    Next Purpose: HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Kavita lalwani for plaintiff present.
    None for defendant.
    Affidavit of service  of filed by adv. For plaintiff. T.O.R.
    Adjd for SJ hearing to 04/04/2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Court is on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Kavita Lalwani for plaintiff present. She tendered affidavit of service. TOR.
    None for defendant.
    Matter is adjd.to 22.07.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: None for plaintiff.
    Adv. Hitesh Dube for defendant present.
    Matter is adjd.to 20-09-2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: matter is adjourned to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: Adv. Kavita Lalwani for plaintiff present.
    Adv. Ritesh Dubey for defendant present.
    Matter is adjd.to 29-11-2022 for S/J Hrg.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: Adv. Kavita Lalwani for plaintiff present.
    None for defendant
    Matter is adjd.to 20-12-2022 for S/J Hrg.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Adv. Kavita Lalvani for plaintiff present.
    None for defendant
    Matter is adjd.to 03-01-2023 for S/J Hrg.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Adv.Kavita Lalvani for plaintiff present.
    None for defendant
    KB
    LO
    Adv. Pankaj Mishra h/f adv Sarika Tripathi for defendant present and prayed for adjournment for production of documents - allowed as last chance.
    Matter is adjd.to   24-01-2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    
    Date: 14-02-2023
    Business: Adv. Kavita Lalwani for plaintiff present and filed list of documents t.o.r. marked as Exh.7
    Adv. Pankaj Mishra for defendants no. 1 and 2 present and received copy of Exh. 7.
    Heard Adv. Kavita Lalwani for plaintiff.
    Matter is adjd.to 28-02-2023 for Hrg. 3.30pm.
    Next Purpose: HEARING
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: matter is adjourned to
    Next Purpose: HEARING
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Adv. Kavita Lalwani for plaintiff present.
    Adv. Annasaheb Shedge for defendants no. 1 and 2 present and filed adjournment application t.o.r. marked as Exh. - 9 - other side to say.
    Adv. Kavita Lalwani for the plaintiff has given say at the back side of Exh. 9.
    As the ground of advice of rest given by the doctor to Adv. On record is mentioned in the application, application Exh. 9 is allowed as a last chance with specific direction to the defendants and their advocate either to argue the matter orally or to file written notes of argument on the next date of hearing failing which necessary order will be passed in the matter.
    Matter is adjd.to 18-04-2023 for argument 4.00pm
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Kavita Lalwani for plaintiff present.
    None for defendants no. 1 and 2
    LO 4.30 pm
    Adv. Hitesh Dubey for defendants no.1 and 2  present and submitted that he is ready to argue the matter. As Adv. Kavita Lalwani has taken the date, he is directed to argue the matter on the next date of hearing. On request of Adv.Hitesh Dubey matter is kept on 4.00 pm on 26.04.2023.
    Matter is adjd.to  26-04-2023 for argument of deft. As a last chance.  4.00 pm
    Next Purpose: HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Kavita Lalwani  a/w CA of plaintiff present.
     Adv. Hitesh Dubey for defendants no.1 and 2 present
    Heard Adv. Hitesh Dubey for defendants no.1 and 2
     Matter is adjd.to  03-05-2023 for  Order 4.00 pm
    Next Purpose: ORDER
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjourned to 04-05-2023 S/J Order 4.00 pm
    Next Purpose: ORDER
    Next Hearing Date: 04-05-2023
    
    Date: 04-05-2023
    Business: None for plaintiff.
    None for defendant
    Matter is adjourned to  06-05-2023 S/J Order 4.00 pm
    Next Purpose: ORDER
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: None for plaintiff.
     None for defendants no.1 and 2 .
    F.R.S.R. following order is passed in S/J No.  234/19 -
     ORDER
    1. Summons for Judgment No. 234/2019 is made absolute.
    2. Summary Suit No. 740/2019 is decreed.
    3. The defendants are directed to pay sum of Rs.1,69,000/- alongwith further interest of Rs.1,60,000/- at the rate of 18 percent p.a. to the plaintiff from the date of the suit till its realization within three months from the date of decree.
    4. The defendants shall bear the cost of the suit.
    5. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 06-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107308/2019
    Filing Date: 04-07-2019
    First Hearing Date: 16th September 2019
    Decision Date: 06th May 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 May 2023

    Order Details: Other Pdf Text: Summons for Judgment No. 234/19 in Sum.Suit No. 740/19. 1 Order. MHCC010097342019 Presented on : 24-09-2019 Registered on : 24-09-2019 Decided on : 06-05-2023 Duration : 3 years, 7 months, 12 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. SUMMONS FOR JUDGMENT NO. 234 OF 2019 IN SUMMARY SUIT NO. 740 OF 2019 Harsha Vikram Sahjwani, Adult, Indian ) Inhabitant of Bombay, aged 60 Years, ) residing at 43, Monalisa Building, ) Bomanji Petit…

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