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Commercial Suit

Jitendra Vinaychand ShahVsMs. Chheda Cargo Carrier

CNR MHCC01007355201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 17th June 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100360/2021
Registration Date
21 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    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: DIRECTIONS
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: PO is on training
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: As court is on Leave.
    Matter is adjd to to 03.02.2020 for Direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Apurva Pawar for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 19.03.2020 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 23.06.2020 for Directions
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 08/03/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent
    Defendant and his advocate are absent.
    Adv Apurva Pawar I/B  Adv Yatin Shah for plaintiff present.
    Adv for plaintiff tendered Affidavit of service and service is not completed
    O – Seed and filed
    Matter is adjd to 27.04.2021 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 07/08/2021 for Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Adv. Apurva Pawar for plaintiff present.
    Exh.2 - Adv. For plaintiff filed application for substituted service.
    O. - Summons to deft. cannot be served on the address known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service.  Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is 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 11.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv. Harsha Shah for plaintiff present.
    The matter is adjd for compliance to 16.10.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 16.10.2021, hence, the matter is adjd to 23.10.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Adv. Harsha Shah for plaintiff present.  She prayed for extension of time for compliance of order dated 23.08.2021.  Extension of time for compliance of order dated 23.08.2021 is granted.
    The matter is adjd for affidavit of service to 04.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Adv. Shahzad for plaintiff present.  He prayed for extension of time for service of writ of summons.
    O. - Extension of time for compliance of order dated 23.08.2021 is granted.
    The matter is adjd for affidavit of service to 11.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Adv. Shewta Singh for plaintiff present.
    Adv. For plaintiff tendered service affidavit. Taken on record.  Defendant is deemed to be served with writ of summons as per service affidavit Ex.3.  However, due to SOP dated 07/01/2022, adverse order cannot be passed.
    The matter is adjd for appearance/order to 15.02.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv. Shweta Singh for plaintiff present.
       As per service affidavit (Exh.3), deft. is deemed to be served with writ of summons issued through paper publication. But, failed to tender its appearance.  Therefore, suit to proceed without appearance of deft.
    The matter is adjd for filing claim affidavit to 14.03.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Shraddha Ghag for plaintiff present.
    Exh.4 - Affidavit of documents filed by Adv. For plaintiff.  T.O.R.
    The matter is adjd for filing claim affidavit and original documents to 01.04.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv. Shweta Singh for plaintiff present.
    She sought time for filing claim affidavit. Time as prayed for is granted.
    The matter is adjd for filing claim affidavit to 22.04.2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Adv. Shraddha Ghag for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
    The matter is adjd for filing claim affidavit to 16.06.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Shweta Singh for plaintiff present.
    Exh.5 - Claim affidavit.  T.O.R.
    Exh.6 - List of documents.  T.O.R.
    The matter is adjd for arguments to 17.06.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: Adv. Shweta Singh for plaintiff present.
    Heard arguments of Adv. For plaintiff.
    K.B.
    L.O. at 04.30 pm.
    Exh.7 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.     Commercial suit is decreed with costs.
    2.  Defendant shall pay an amount of Rs.5,36,995/- (Rupees  Five Lacs Thirty Six Thousand Nine Hundred Ninety Five Only) alongwith interest @ 15percent p.a. on principal amount of Rs.4,00,000/- 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: 17-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 107830/2019
    Filing Date: 16-07-2019
    First Hearing Date: 15th October 2019
    Decision Date: 17th June 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Jun 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010073552019 Presented on : 16-07-2019 Registered on : 21-08-2019 Decided on : 17-06-2022 Duration : Y M D 02 11 01 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.360 OF 2021 (SUMMARY SUIT NO.834 OF 2019) Ex.07 Jitendra Vinaychand Shah Age: 70 years, of Bombay, Indian Inhabitant residing at C/o. M/s. Real Hardware Mart, Badri Building, 295, Nagdevi Street, Mumbai400 003. ..Plaintiff…

    Read Full Order

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