Date: 24-09-2019
Business: P.O is on leave. Adjd to 16/12/19
Next Purpose: REPORT
Next Hearing Date: 16-12-2019
Date: 16-12-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Apurva for plaintiff Present.
Adv. for deft. absent.
Matter is adjourned to 18.01.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-01-2020
Date: 18-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Apurwa Pawar For plff. Present.
Adv. For deft. Absent.
Matter is adjd to 04.03.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Apurva Pawar for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 15.04.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 18/12/2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2020
Date: 18-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 18.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Apurva Pawar I/b Adv. Yatin Shah for the plff present.
Matter is adjd to 02.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2021
Date: 02-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 30.08.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2021
Date: 30-08-2021
Business: COURT IS VACANT
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Plaintiff and defendant absent.
Adv. Kajal Gupta for plaintiff is present.
Matter is adjd for taking steps to 03.03.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: P O is on training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Ms. Shweta Singh for Plaintiff present and seeks time to take steps to serve upon Defendant. Time granted.
Matter adjourned to 21/07/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-07-2022
Date: 21-07-2022
Business: As PO is busy in hearing Arguments and dictating Judgment in SU 7007/05. Hence, board is discharged.
Matter adjourned to 03/10/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: Adv.Kajal Gupta for plaintiff present.
Adv. for plaintiff seeks time to file affidavit of service. Time granted as a last chance.
Matter is adj to 17/12/2022 for affidavit of service.
Next Purpose: SERVICE
Next Hearing Date: 17-12-2022
Date: 17-12-2022
Business: Adv.Shweta Singh for plaintiff present. She filed affidavit of service.
The affidavit reveals that the writ of summons sent through speed spot is returned unserved with remark “left” hence, service is not complete plaintiff to take necessary steps.
Matter is adj to 17/03/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: PO IS ON LEAVE (FIRST SESSION).
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2023
Date: 30-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Shweta Singh for plaintiff is present and filed application for issuance of fresh writ of summon. TOR. It is marked as Exh-3. O-Allowed. Issue fresh writ of summons to the defendant.
Matter is adj to 07.12.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2023
Date: 07-12-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and requested for extension of time to serve the writ of summons on defendant.
Order below Exh-1
On perusal of the record it is found that the suit is instituted in the year 2019, but writ of summons is not yet served on the defendant. On previous date, on the request of the counsel for the plaintiff, order of issuance of fresh writ of summons was passed, but writ of summons is not yet lodged with the office, as submitted by the counsel the plaintiff. Hence, in the interest of justice, time is extended to serve the writ of summons till next date, subject to costs of Rs.1000/- payable to DLSA within 10 days. The plaintiff to lodge the writ of summons within 10 days.
Matter is adj to 18.03.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-03-2024
Date: 18-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and requested for adjournment filing affidavit of service. Adjournment is granted as last chance.
Matter is adj to 08.05.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2024
Date: 08-05-2024
Business: P.O. IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-07-2024
Date: 03-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Harsha Shah for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-2.
Order below Exh-2
On perusing affidavit of service, it appears that writ of summons sent by RPAD to the defendant on both address, is returned with remark left. Service is not complete. Hence, plaintiff is directed to take necessary steps.
Matter is adj to 26.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: COURT IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-11-2024
Date: 12-11-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and requested for adjournment. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 17.01.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-01-2025
Date: 17-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse for plaintiff is present and filed an application for issuance of summons to defendant on new address along with affidavit in support. Taken on record. It is marked as Exh-3. O-Issue summons to the defendant on new address.
Matter is adj to 25.03.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-03-2025
Date: 25-03-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-4.
Order below Exh-1
On perusing affidavit of service, it appears that writ of summons sent to the defendant through RPAD, is returned with remark incomplete address Service is incomplete. Plaintiff is directed to take steps to serve writ of summons to the defendant.
Matter is adj to 28.04.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2025
Date: 28-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 19.06.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2025
Date: 19-06-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 22.07.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2025
Date: 22-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Plaintiff is given last chance to file affidavit of service.
Matter is adj to 19.09.2025 for filing affidavit of service.
Later on at 1.45 pm.
Adv. Harsha Shah for plaintiff is present through video conferencing
Matter is adj to 19.09.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and filed affidavit of service. Taken on record.
Matter is adj to 14.10.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2025
Date: 14-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and filed an application for issuance of writ of summons to defendant through Email along with affidavit in support. TOR and marked as Exh-6.
Order below Exh-6
Perused application and record. Heard counsel for plaintiff. Plaintiff has filed this application to serve writ of summons to the defendant through email. It is the contention of the plaintiff that writ of summons sent on both addresses is returned with remark left. Therefore, plaintiff issued writ of summons on new address to the defendant. It is also returned unserved with remark incomplete address. Further, plaintiff served writ of summons on Whats App number of defendant. However, plaintiff wants to serve writ of summons to the defendant on his email address, which is obtained from visiting card of defendant and google search.
Plaintiff has filed this application supported by affidavit. Further, on perusing record, it appears that writ of summons sent to defendants on both address, is returned with remark insufficient address and it is evident from affidavit of service at Exh-2. Further, it appears that plaintiff had issued writ of summons to the defendant on new address. It is also returned with remark incomplete address and it is evident from affidavit of service at Exh-4. Therefore, plaintiff want to serve writ of summons to the defendant through email i.e. mkindustriesno1@gmail.com and precision@gmail.com. As per plaintiff, Email address of defendant is obtained from his visiting card and Google search. Thus, considering the facts that plaintiff had attempted twice to serve writ of summons to the defendant by RPAD, however, it is not served. Therefore, I am of view that it is necessary to allow plaintiff to serve writ of summons to defendant through email. Hence, I proceed to pass following order-
Order
1. Application at Exh-6 is hereby allowed.
2. Plaintiff is directed to serve writ of summons to defendant on his email address i.e. mkindustriesno1@gmail.com and precision@gmail.com through Court email.
Matter is adj to 02.12.2025 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-7.
Order below Exh-1
On perusing affidavit of service, it appears that writ of summons sent to the defendant, through email address of this department to defendant on his email, is served on the defendant on 30.10.2025. The defendant failed to appear. Hence, matter be proceeded ex-parte against the defendant.
Matter is adj to 29.01.2026 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-01-2026
Date: 29-01-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse i/b Adv. Yatin Shah for plaintiff is present through video conference and requested for adjournment. Adjournment is granted.
Matter is adj to 10.03.2026 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2026
Date: 10-03-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Sharad Ratilal Mehta, Age-67 years, Business, Mulund(W), Mumbai, plaintiff in person is present and admitted contents of evidence in affidavit and identified his signature.
Adv. Kavita Mungse h/f Adv. Yatin Shah for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-8 and 9 respectively.
Matter is adj to 08.04.2026 for hearing on exhibiting documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 08-04-2026
Date: 08-04-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Kavita Mungse i/b Yatin Shah for plaintiff is present.
None present for defendant.
Matter is adj to 04/05/2026 for admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-05-2026
Date: 04-05-2026
Business: Adv.Kavita Mungse i/b Yatin Shah for plaintiff is present.
Matter is adj to 11-06-2026 for Admission and denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 11-06-2026
Date: 11-06-2026
Business: Adv. Kavita Mungse for plaintiff is present.
Heard advocate for plaintiff on exhibiting the documents.
Matter is adj to 16-07-2026 for marking of documents.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 16-07-2026
Date: 16-07-2026
Business: Plaintiff absent. Adv. Harsha Shah h/f Adv. Yatin Shah for plaintiff present through VC.
Matter adjourned to 30-07-2026 for steps and compliance.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2026
Date: 30-07-2026
Business: Plaintiff present. Adv. Harsha Shah for plaintiff present.
Claim affidavit verified today Exh.8 which is exhibited on dated 10-03-2026.
Heard the counsel of plaintiff.
The following document are exhibited under the list of Exh.9
Sr.1 Original invoices TOR and marked as Exh.10 colly
Sr.2 Original returned cheques along-with memos TOR and marked as Exh.11 colly.
Sr.3 Original demand notice unclaimed envelop TOR and marked as Exh.12 colly.
Sr.4 Original returned unclaimed envelop TOR and marked as Exh.13
Sr.5 Printout of Ledger Account of defendant TOR and marked as Exh.14
Today Advocate for plaintiff filed certificate u/s 65B in support of ledger printout TOR and marked as Exh.15
Evidence closing pursis filed TOR and marked as Exh.16
Matter adjourned to 21-08-2026 for further argument.
Judge
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 21-08-2026
Date: 21-08-2026
Business: Plaintiff absent. Adv. Harsha Mehta for plaintiff present.
None present for defendant.
Heard ex-parte argument.
Exh.17 Judgment
FRSR following order is passed.
ORDER
1.Summary Suit No.766 of 2019 is decreed with costs.
2.The Defendant S. M. Biradar, proprietor of M. K. Industries shall pay to the plaintiff the amount of Rs.1,46,066/- (Rupees One Lakh Forty Six Thousand and Sixty Six Only) and further interest at the rate of 18 percent p.a. from 01.08.2019 on principal balance amount of Rs.1,10,791/- till realization.
3.Decree be drawn accordingly.
Judge
Nature Of Disposal: DECREED
Disposal Date: 21-08-2026