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Commercial Suit

Mr. Ghisulal Hemchand Jain Karta Of M/s Lehari Hemchand HUFVsSilver Arch Builders and Promoters +3 more

CNR MHCC01007572201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 08th February 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100367/2021
Registration Date
16 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 18-11-2019
    Business: Adv. Bhavana Jain for plaintiff present.
    Adv. Milind  Nar for D - 1,3 and 4 present.
    Adv. Vaibhav Parab for D - 2 present.
    Adv. for deft. 1, 3 and 4 file Vakalatnama. T.O.R.
    Adv. For deft. No.2 file V/N it is taken on record.
    Matter is adjd to 06.12.2019 for report
    Next Purpose: REPORT
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: HHJ is on Training at Uttan
    Matter is adjd to 03.01.2020 for  Report.
    Next Purpose: REPORT
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: As court is on Leave.
    Matter is adjd to 04.02.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Bhavana Jain for plff. Present.
    Adv. Vivek Vyas For deft. no. 1, 3 and 4 present.
    Adv. Vaibhav Parab for deft. no. 2 present.
    Adv. For the plff. Tendered affidavit of service. t.o.r. Exh-4
    Order- Seen and filed.
    Matter is adjd to 19.03.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    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 30.06.2020 for  Taking Steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-06-2020
    
    Date: 30-06-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Bhavana Jain for plff. Present.
    Adv. for deft. absent.
    Adv. For the Plff. Tendered Register S/J No. 54/2020 @ affidavit in Support. t.o.r.
    Adv. For the plff. Service Report of Summons for Judgment. T.O.R.
    Matter is adjd to 06.02.2020 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 03.04.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Milind Nar for the Deft. 1, 3 and 4 present.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 05.07.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: Adv.Bhama Jain h/f.Adv.Piyush Jain for plaintiff present.
    None present for defendant.
    Due to rise in Covid cases, matter adjd to 13.07.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: HHJ is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: The P.O. is on leave, hence matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: REPLY
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv. Bhavna Jain for plaintiff present.
    None for deft.
    Defendants failed to file reply to S/J.
    The matter is adjd for S/J hearing to 17.08.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. Bhavna Jain for plaintiff present.
    Adv. Saurabh Chitnis for defts. present.
    Adv. For defts. tendered draft N/M.  Leave to register N/M is granted.
    Adv. For defts. filed reply to S/J.  T.O.R.
    The matter is adjd for reply to N/M to 07.09.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: None for plaintiff present.LO 3.30 p.m. none appeared for plaintiff.
    The matter is adjd for reply to NM  to 24.09.2021.LO 3.30 p.m. none appeared for plaintiff.
    Adv. Saurabh Chitnis for deft. present.
    Advocate for deft tendered NM 1841/2021 T.O.R.
    KB
    LO 3.30 p.m. none appeared for plaintiff.
    The matter is adjd for reply to NM  to 24.09.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: None for plaintiff.
    Adv. Saurabh Chitnis for deft. present.
    K.B.
    L.O. at 04.10 pm.
    None appeared for plaintiff, hence, the matter is adjd for  reply to N/M to 08.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Heard Adv. For deft. nos.1, 3 and 4 on N/M.
    K.B.
    L.O.
    Adv. Roshan Yadav h/f. Adv. Piyush Jain for plaintiff present.  He filed reply to N/M.
    Heard Adv. For plaintiff on N/M.
    ORDER BELOW N/M NO.1841/21
         This N/M is taken out by deft. nos.1, 3 and 4 praying to condone the delay in applying for leave to defend the suit.  It is submitted on behalf of deft. nos.1, 3 and 4 that summons for judgment were served upon them on 04.09.2020. However during relevant time, travel restrictions were in force.  Hon\''ble Supreme Court also provided extension of time for the litigants to approach the Court. The documents pertaining to suit were untraceable as one Devendra Vedak, who was handling the accounts of answering defendants, left the job without proper handover.  By making these submissions, deft. nos.1, 3 and 4 prayed to condone the delay in applying leave to defend the suit.
         Plaintiff by filing his say strongly resisted the N/M.  It is submitted that deft. nos.1, 3 and 4 have not filed on record documents to explain delay in applying leave to defend the suit.  No sufficient and reasonable ground is mentioned in the N/M. If present N/M is allowed, serious prejudice would cause to plaintiff.  By making these submissions, plaintiff prayed to reject the N/M.
         Considered the submissions advanced on behalf of both sides.  Proceeding sheet shows that after receipt of writ of summons, deft. nos.1, 3 and 4 tendered their appearance before the Court within stipulated period.  On 30.06.2020, plaintiff has taken out summons for judgment.  As per submissions made on behalf of deft. nos.1, 3 and 4, summons for judgment were served upon them on 04.09.2020.  Thus, it is not in dispute that plaintiff has taken out summons for judgment during pandemic and service was also effected during pandemic only. As per order of Hon\''ble Supreme Court in M.A. no.665/2021 in SMW(C) No.3/2020 dated 23.09.2021 in computing the period of limitation for any suit, appeal, application or proceeding, the period from 15.03.2020 till 02.10.2021 shall stand excluded.  Thus, as per order of Hon\''ble Supreme Court, deft. nos.1, 3 and 4 are entitled to contest summons for judgment taken out by plaintiff.  In the result, following order.
    ORDER
    1.    N/M No.1841/21 is allowed in terms of prayer  clause (a).
    2.    Reply filed by deft. nos.1, 3 and 4 to S/J No.54/2020 be taken on record.
    3.    No order as to costs.
    4.    N/M No.1841/21 is disposed of accordingly.
    The matter is adjd for hearing on S/J to 21.10.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv. Riya Parmar for plaintiff present.
    Adv. Saurabh Chitnis for deft. present.
    On oral request of plaintiff\''s advocate, the matter is adjd for hearing on S/J to 12.11.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv. Naresh Purohit for plaintiff present.
    Adv. Arun Panickar for deft. nos.1, 3 and 4 present.
    Adv. For plaintiff submitted rejoinder affidavit to S/J. T.O.R.
    Copy of rejoinder is given to Adv. For deft. nos.1, 3 and 4.
    On oral request of Adv. For plaintiff, the matter is adjd for  hearing on S/J to 25.11.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. Bhavana Jain h/f. Adv. Piyush Jain for plaintiff present.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
       Adv. For plaintiff submitted that contents in the affidavit filed along with S/J and rejoinder be considered as arguments of plaintiff for S/J No.54/20.
         Adv. For deft. nos.1, 3 and 4 sought time for hearing on S/J. S/J is pending since long. Therefore, adjournment is granted for hearing on S/J on behalf of deft. as a last chance.
    The matter is adjd for hearing on S/J to 04.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Adv. Bhavana Jain for plaintiff present.
    Adv. Arun Panickar along with Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Heard arguments of Adv. For deft. nos.1, 3 and 4 on S/J No.54/20.
    The matter is adjd for order on S/J No.54/20 to 14.12.2021.
    Next Purpose: ORDER
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Clerk of Adv. of plaintiff present.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Court is busy in hearing final arguments in Commercial suit no.1060/21.
    The matter is adjd for order to 15.12.2021.
    Next Purpose: ORDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Bhavna Jain for plaintiff present.
    None for defts.
    F.R.S.R. following order is passed on S/J No.54/20 -
    ORDER
    1.  Defendant Nos.1, 3 and 4 shall deposit a sum of Rs.31,20,908/- (Rs. Thirty One Lacs, Twenty Thousand, Nine Hundred and Eight only) in Court within a period of 10 weeks from today. If this condition is compiled with, defendant Nos.1, 3 and 4 are granted leave to defend the suit and they shall file Written Statement within a period of 30 days from the date of deposit.
    2.   If aforesaid condition of the deposit is not followed by defendant Nos.1, 3 and 4 within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree against defendant Nos.1, 3 and 4.
    3.   There shall be no order as to costs.
    4.    S/J No.54/20 is disposed of accordingly.
    The matter is adjd for compliance to 31.01.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Adv. Piyush N. Jain for plaintiff present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for Compliance to 01.03.2022.
    Later on - 12.30 p.m.
    Adv. Saurabh Chitnis for Def. No. 1, 3 and 4 present.
    The matter is already adjd. to 01.03.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: None for plaintiff.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Already stipulated period of compliance of order dated 15.12.2021 is over.  Therefore, matter be kept for steps.
    The matter is adjd for steps to 16.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Bhavana Jain for plaintiff present.
    Exh.5 - Adv. For plaintiff filed application for proceeding matter ex-parte.
    O. - Other side to say.
    K.B.
    L.O. at 04.30 pm.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Deft. nos.1, 3 and 4 failed to comply order dated 15.12.2021.  Therefore, suit to proceed ex-parte.
    The matter is adjd for filing claim affidavit to 06.04.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Adv. Kamble for plaintiff present.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Adv. For plaintiff submits that parties are intending to settle the dispute.  He sought time for filing consent terms.  Time as prayed for is granted.
    The matter is adjd for filing consent terms to 22.04.2022.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Adv. Bhavana Jain for plaintiff present.
    Adv. For plaintiff prayed to keep the matter before       Lok-Adalat.  Hence, the matter be kept before Lok-adalat.
    The matter is adjd for lok-adalat to 07.05.2022.
    L.O. at 12.30 pm.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    The matter is already adjd for lok-adalat to 07.05.2022.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: CORAM H.H.J. Shri. A.H. Laddhad(National Lok Adalat Panel - 8)
    None present for Plaintiff
    None present for defendant
    Adjourned to 19.07.2022
    H.H.J. Shri. A.H. Laddhad - Panel Head    Adv. Rohan Waghmare - Panel member           Adv. Tejas Kothalikar - Panel Member
    Next Purpose: CONSENT TERM
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Bhavana Jain for plaintiff present.
    None for defts.
    Adv. For plaintiff sought time for filing consent terms.  Time as prayed for is granted.
    The matter is adjd for filing consent terms to 22.07.2022.
    L.O. at 11.30 am.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    The matter is already adjd for filing consent terms to 22.07.2022.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. Yogita for plaintiff present.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    Both parties sought time for filing consent terms.  Time as prayed for is granted.
    The matter is adjd for filing consent terms to 12.08.2022.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Bhavana Jain for plaintiff present.  She submits that matter is already settled between the parties.  She sought time for filing consent terms. Time as prayed for is granted.
    The matter is adjd for consent terms to 25.08.2022.
    L.O. at 11.30 am.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    The matter is already adjd for consent terms to 25.08.2022.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Bhavana Jain for plaintiff present.
    Exh.6 - Adv. For plaintiff filed pursis.  T.O.R.
    Adv. For plaintiff sought time for filing consent terms.  Time as prayed for is granted as a last chance.
    The matter is adjd for filing consent terms to 23.09.2022.
    L.O. at 11.30 am.
    Adv. Saurabh Chitnis for deft. nos.1, 3 and 4 present.
    The matter is already adjd for consent terms to 23.09.2022.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: The Court is Vacant.
    Hence, Matter is Adjourned.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: The Court is Vacant.
    Hence,The Matter is adjourned.
    Next Purpose: CONSENT TERM
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
    (COURT ROOM NO. 31)
    Matter pertains to C. R No. 14
    Adv. Meenakshi Gala filed vakalatnama for plaintiff t.o.r. and marked as Exh. 7 O- Filed.
    Common No objection letter to file vakalatnama in both suit no. 366/21 and 367/21. O- Filed
    Adv. Mangesh Sawant for defendant present.
    Adjd for consent terms to 03/02/2023
    Next Purpose: CONSENT TERM
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Matter pertains to C.R. No. 14.
    Adv Meenakshi Gala for plaintiff is present.
    Adv Vinay Nayar for defendant nos.1,3 and 4 is present.
    Ld adv for Plaintiff submitted that there are no chances of settlement. Hence, matter be posted for filing claim affidavit and documents.
    Case is adjourned for claim affidavit and documents to 10-03-2023.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 10-03-2023
    
    Date: 10-03-2023
    Business: Matter pertains to C.R. No.14
    Adv. Minakshi Gala for plaintiff present.
    Adv. Mangesh Sawant for defendant no.1, 3 and 4 present.
    Exh.8 Affidavit of examination of chief of plaintiff namely Ghisulal Hemchand Jain filed by adv for plaintiff. O- witness is not present, keep on next date for verification.
    Exh.9 List of documents filed. O-filed.
    Copy served to other side.
    Case is adjourned on 18.03.2023 for verification of affidavit and marking of documents.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: The court is vacant. Hence, matter is adjd. to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: (COURT ROOM NO. 31)
    Matter pertains to Court Room no 14
    Adv. Meenakshi Gala for plaintiff present. Witness of plaintiff present.
    None for defendant.
    Oath is administered to the plaintiff. Order is passed on Exh.8.
    Plaintiff namely Ghisulal Hemchand Jain is present before the Court. He admits the contents of examination in chief. Hence read and recorded in evidenc
    e.
    The plaintiff has already filed documents as per list Exh.9. The plaintiff admits the contents and signature on documents. Hence documents are marked exhibits as under :
    Exh-10 Photocopy of certificate issued by Registrar of firms dt. 24.10.2018
    Exh-11 original bank pass book
    Exh-12 Original receipt dt. 13.04.2010
    Exh-13 original letter dt. 27.07.2017 along with RPAD.
    Exh-14 colly original copies of confirmation of accounts from the year 2010 till 2017
    Exh-15 office copy of notice dt. 10.11.2018
    Exh-16 photocopy of statement of income tax liability
    Exh-17  photocopy of statement of accounts.
    Exh-18 copy of consent terms dt. 21.07.2022
    Exh-19 original letter dt. 21.07.2022
    Exh-20 complaint copy of 138 proceeding SS No. 54 of 2023
    Exh-21 colly 3 cheques along with bank return memo
    Case is adjourned to 13.04.2023 for cross examination of plaintiff witness.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Matter pertains to CR-14.
    Plaintiff present.
    Adv. Minakshi Gala for plaintiff present.
    Avd. Vinay Nair For defendant No.1 ,3 and 4 present and sought adjournment.
    O- Granted as last chance.
    Case adjourned to 17.04.2023 for cross-examination of PW-1.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Matter pertains to C.R. No. 14.
    Adv. Sagar Gala for plaintiff is present.
    Adv Saurabh Chitnis for defendant nos. 1,3 and 4 is present and submitted that the settlement talks on going between the parties. Ld adv for plaintiff submitted that no settlement talks on going between the parties.
    Plaintiff witness is present.
    Case is adjourned for cross-examination to 03-05-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-05-2023
    
    Date: 03-05-2023
    Business: Matter pertains to C.R. No. 14.
    Plaintiff is present.
    Adv. Minakshi Gala for plaintiff is present.
    Adv. Saurabh Chitanis for defendant no.1,3 and 4 is present.
    Ld adv for defendant submitted that defendant will make part payment in the month of May to the plaintiff. He also submitted that account of the defendant was seized by Income Tax Department.
    Case is adjourned for R/E to 23-06-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-07-2023
    
    Date: 27-07-2023
    Business: Matter received under transfer from Court Room No. 14
    Mr. Ghisulal Hemchand Jain Karta Of M/s Lehari Hemchand HUF Vs Silver Arch Builders And Promoters
    Adv. Meenakshi Gala present for plaintiff.
    Defendant side called, but absent.
    Plaintiff witness absent.
    Defendant to conduct the cross-examination by next date without fail.
    Matter adjourned to 05.09.2023 for Cross-examination of Plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Mr. Ghisulal Hemchand Jain Vs Silver Arch Builders
    All called, but absent.
    Parties to take steps regarding evidence. Else, put for necessary order.
    Later on at 13.00 Hrs.
    Adv. Meenakshi Gala present for plaintiff.
    Plaintiff witnesses Ghisulal Jain present.
    Adv. Saurabh Chitnis present for defendant Nos. 1, 3 and 4.
    Matter adjourned to 05.10.2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Mr. Ghisulal Hemchand Jain Karta  Vs Silver Arch Builders And Promoters
    Adv. Meenakshi Gala present for plaintiff.
    Plaintiff witness Mr. Ghisulal Jain present.
    Adv. Mangesh Sawant present for defendant Nos. 1, 3 and 4.
    None present for defendant No.2.
           Cross-examination of PW-1 Mr. Ghisulal Jain is Over.
           Defendant No.2 called, but absent. No application by defendant No.2 for adjournment. Hence, suit to proceed without cross-examination at the hands of defendant No.2.
    Matter adjourned to 08.11.2023 for further evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: Mr. Ghisulal Hemchand Jain Vs Silver Arch Builders
    Adv. Sagar Lala present for plaintiff.
    Exh.22 Evidence closure pursis filed by plaintiff.
    Defendant side called, but absent.
    Defendant to take steps regarding evidence.
    Case adjourned to 15.12.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Ghuisulal Jain V/s Silver Arch Builders
    Adv. Meenakshi Gala present for plaintiff.
    Defendant side called, but absent.
    Defendant to lead evidence by next date.
    Case adjourned to 08.02.2024 for evidence of defendant.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-02-2024
    
    Date: 08-02-2024
    Business: Adv Sagar Gala for plaintiff present.
    None for defendant.
    It is to be seen that initially the suit was instituted as Summary Suit 913/2019.  Thereafter it was converted into a Commercial Summary Suit.  My Ld. Predecessor in Court vide order 15/12/2021 granted leave to defend subject to depositing a sum of Rs. 31,20,908/- within a period of 10 weeks from the date of order.  However defendants failed to comply the same.  Hence vide order dated 16/03/2022 suit proceeded ex-parte against defendants.  Plaintiff has filed his affidavit of claim and got proved documents at Exh. 10 to 21 respectively.  As the defendants failed to comply with order dated 15/12/2021.  Thus in view of order 37 R-6 of CPC, the plaintiff is entitled for the decree forthwith. Hence question of aducing evidence by defendant does not arise.
    At this juncture Adv Rashmi More for defendants no. 1, 3 and 4 present.
    She sought for time, her oral request is hereby rejected.
    The Ld. Adv for plaintiff filed written notes of arguments. t.o.r. marked as Exh. 23.  O- Seen.
    K. B. for Judgment.
    Exh 24 - Judgment (Dictated and pronounced in Open Court).
    F. R. S. R. following order is passed -
    ORDER
    1. Commercial Suit No. 367 of 2021 is partly decreed with Costs.
    2. Defendants do pay, Jointly and Severally the amount of Rs. 23,00,000/- with further interest @ 9 percent per annum from the due date till its full realization.
    3. Decree be drawn up accordingly.
    4. Commercial Suit No. 367 of 2021 disposed of accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 08-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107873/2019
    Filing Date: 17-07-2019
    First Hearing Date: 18th November 2019
    Decision Date: 08th February 2024
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    08 Feb 2024

    Order Details: Copy of Judgment Pdf Text: Com. Suit No.367/2021 1 Judgement MHCC010075722019 Presented on : 17072019 Registered on: 16092019 Decided on : 08022024 Duration : YY: MM: DD 04 : 04: 22 IN THE BOMBAY CITY CIVIL COURT AT MAZGAON, BOMBAY COMMERCIAL SUIT NO. 367 Of 2021 Exhibit24 Mr. Ghisulal Hemchand Jain Karta of M/s. Lehari Hemchand (HUF), Age:70 years, Occ.: Business, Residing at: Flat No.1004, A wing, Shreepati Arket, Navakal road, Pimpal wadi, Near C. P. Tank, Mumbai…

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    Interim Order 1Full order available
    05 Oct 2023

    Order Details: Other Pdf Text: CS No. 100367 / 2021 Mr. Ghisulal – Silver Arch Exh.8 1 / 1 Cross-examination of plaintiff witness Ghisulal Jain on oath by Advocate Mangesh Sawant , for defendant Nos.1, 3 and 4. None present for defendant No.2. Plaintiff counsel Meenakshi Gala present. 1) I know defendant No.1 only by way of Market Acquaintance. The owner of Silver Arch had approached me for money. No other person was involved in said Money transaction. Witness volunteers…

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    Order 1Full order available
    05 Oct 2023

    Order Details: Other Pdf Text: CS No. 100367 / 2021 Mr. Ghisulal – Silver Arch Exh.8 1 / 1 Cross-examination of plaintiff witness Ghisulal Jain on oath by Advocate Mangesh Sawant , for defendant Nos.1, 3 and 4. None present for defendant No.2. Plaintiff counsel Meenakshi Gala present. 1) I know defendant No.1 only by way of Market Acquaintance. The owner of Silver Arch had approached me for money. No other person was involved in said Money transaction. Witness volunteers…

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