Order Details: Notice of Motion Pdf Text: N/m No. 3018/21 in Comm. Sum. Suit No. 4/21. 1 Order. MHCC010098412021 Presented on : 29-11-2021 Registered on : 29-11-2021 Decided on : 23-12-2021 Duration : 0 years, 0 months, 24 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3018 OF 2021 IN COMMERCIAL SUMMARY SUIT NO. 4 OF 2021 Kamal Khandhadia ...Plaintiff Versus M/s Shree Tirupati Greenfield and Others ...Defendants CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.…
Commercial Summary Suit
Kamal KhandhadiaThroughVsShree Tirupati Developers +3 more
CNR MHCC01007651202131-COURT 31 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th January 2022
TrustJury record updated 04 Oct 2026
Case Overview
- Registration Number
- 100004/2021
- Registration Date
- 05 Oct 2021
Advocates
1For Petitioner
For Respondent
Not available
Parties
5Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 9
Case History / Proceedings
Case History
Date: 13-10-2021
Business: (By preceipe) (NOB TOB)
None for plaintiff.
Adv. Saurabh Oak for all defendants present and filed vakalatnama t.o.r. and marked as Exh.2. He submitted that summons for Judgment is served upon the defendants on 08-10-2021.
Matter is adjd.to 10-11-2021 for Service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-11-2021
Date: 08-11-2021
Business: (NOB TOB)(By preceipe)
Adv. Saurabh Oak for defendant present and filed preceipe taking the matter on board for filing leave to defend – other side to say.
Adv. Narayan Sahu for plaintiff along with Shraddha Khandhadia inperson present and they submitted that they do not want to file say on preceipe. Considering date of service and date of commencement of 8 days holidays to the court, matter is allowed to be taken on record.
Adv. Saurabh Oak filed affidavit in reply to S/J and leave to defend t.o.r.
Adv. for plaintiff filed affidavit of service regarding writ of summons with three closed envelopes and original writ t.o.r. and marked as Exh.9 .
Adv. for plaintiff filed S/J No.130/21 with supporting affidavit t.o.r.
Adv. for plaintiff also filed affidavit of service of S/J t.o.r. and marked as Exh.10
Adv. for plaintiff filed NM No.2555/21 with supporting affidavit t.o.r.
Adv. for plaintiff also filed affidavit of service of NM t.o.r. and marked as Exh.11
Matter is already adjd.to 10-11-2021 for rejoinder of the
plaintiff .
Next Purpose: REJOINDER
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv. Shraddha Khandhadia constituted attorney for plaintiff present and filed rejoinder to the affidavit in reply in S/J No. 130/21 t.o.r.
None for defendant
She placed copy of rejoinder on record for the defendant.
Matter is adjd.to 17-11-2021 for NM Reply and S/J Hrg by
pltf. (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: C.A. of plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present and filed affidavit of service t.o.r. and marked as Exh.12
Adv. Saurabh Oak for defendant present and submitted that his senior is not feeling well and he prayed for adjournment to file NM Reply and surrejoinder in S/J.
With consent of both sides, heard Ld. Adv. Narayan Sahu in S/J No. 130/21 with liberty to make reply argument after surrejoinder is filed by the defendant.
Matter is adjd.to 26-11-2021 for filing NM Reply and
surrejoinder in S/J by the defendant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: C.A. of plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present
Adv. Saurabh Oak for defendant present and filed sur-rejoinder in S/J No. 130/21 t.o.r.
He filed affidavit in reply in NM No. 2555/21.
Adv. Saurabh Oak also filed draft NM with supporting affidavit t.o.r. and Leave is granted to register the NM.
Adv. Narayan Sahu submitted that he received copies of sur-rejoinder, affidavit in reply and draft NM.
Adv. Narayan Sahu filed reply to draft NM of the defendant. t.o.r.
Matter is adjd.to 02-12-2021 for filing registered NM &
rejoinder by the deft & also for NM &S/J Hrg.
(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021
Date: 02-12-2021
Business: C.A. of plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu a/w Adv. Aashish Pawar, for plaintiff present and filed vakalatnama t.o.r. and marked as Exh. 13
Adv. Saurabh Oak for defendant present and filed original registered NM No. 3018/21 with supporting affidavit t.o.r.
Heard argument of Ld. Adv. Narayan Sahu for plaintiff on S/J No. 130/21 & NM No. 3018/21.
Matter is adjd.to 10-12-2021 for S/J & NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2021
Date: 10-12-2021
Business: C.A. of plaintiff Shraddha Khandhadia present.
Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present
Adv. Simel Prohibit a/w Adv. Saurabh Oak for defendant present
Matter is adjd.to 17-12 -2021 for S/J and NM Hrg. 3.30pm
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021
Date: 17-12-2021
Business: Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present
Adv. Simel Prohit a/w Adv. Saurabh Oak for defendant present
Heard Ld. Adv. Simel Prohit for defendant.
Matter is adjd.to22-12-2021 for Reply argument (4.00
pm)
Next Purpose: REPLY
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present
Adv. Saurabh Oak for defendant present
Heard both sides at length.
Matter is adjd. to 23-12-2021 for order in NM No. 3018/21 (4.00pm)
Next Purpose: NM ORDERS
Next Hearing Date: 23-12-2021
Date: 23-12-2021
Business: Adv. Narayan Sahu i/b Adv. A.K. Upadhyay and Adv. S. K. Dubey for plaintiff present
None for defendant.
F.R.S.R. following order is passed in NM No. 3018/21 -
ORDER
1. Notice of Motion No. 3018/21 is dismissed.
2. The proceeding of N/m No. 3018/21 is closed.
Matter is adjd.to 04-01-2022 for S/J and NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: C.A. of plaintiff Shraddha Khandhadia present.
None for defendant.
As stenographer is on leave and concerned department did not provide substitute or alternate stenographer, order and judgment could not be dictated.
Matter is adjd.to 10-01-2022 for S/J and NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 10-01-2022
Date: 10-01-2022
Business: C.A. of plaintiff Shraddha Khandhadia present.
None for defendant.
Order on NM No. 2555/21 -
Notice of Motion No.2555/2021 seeking interim reliefs is
disposed of having become infructuous due to disposal of main matter.
F.R.S.R. following order is passed in S/J No. 130/2021 -
ORDER
1. Summons for Judgment No. 130/2021 is allowed.
2. Commercial Summary Suit no.4/21 is partly decreed.
3. Defendants are directed to pay the amount of Rs.14,00,000/- (Rupees Fourteen Lakhs Only) to the plaintiff with interest @ 18% p.a. from 19.03.2016 till the
date of realization within three months.
4. Defendants shall bear the costs of the suit.
5. All defendants are jointly and severally liable to pay decretal amount to the plaintiff.
6. Court fees be refunded to the plaintiff as per rules and refund certificate be issued accordingly.
7. Decree be drawn up accordingly.
8. Proceeding of Summons for Judgment No. 130/2021 is closed.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 10-01-2022Additional Case Details
Additional Case Details
Filing Number: 101190/2020 Filing Date: 23-01-2020 First Hearing Date: 13th October 2021 Decision Date: 10th January 2022 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
3Final Order 210 Jan 2022
10 Jan 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Summary Suit/0100004/2021 Kamal KhandhadiaThrough Vs Shree Tirupati Developers Date : 10-01-2022 Business : C.A. of plaintiff Shraddha Khandhadia present. None for defendant. Order on NM No. 2555/21 - Notice of Motion No.2555/2021 seeking interim reliefs is disposed of having become infructuous due to disposal of main matter. F.R.S.R. following order is passed in S/J No. 130/2021 - ORDER 1. Summons for Judgment No. 130/2021 is allowed. 2. Commercial Summary Suit no.4/21 is partly decreed. 3. Defendants are directed to pay the amount of Rs.14,00,000/- (Rupees Fourteen Lakhs Only) to the plaintiff with interest @ 18 p.a. from 19.03.2016 till the date of realization within three months. 4. Defendants shall bear the costs of the suit. 5. All defendants are jointly and severally liable to pay decretal amount to the plaintiff. 6. Court fees be refunded to the plaintiff as per rules and refund certificate be issued accordingly. 7. Decree be drawn up accordingly. 8. Proceeding of Summons for Judgment No. 130/2021 is closed. Nature of Disposal : PARTLY DECREED Disposal Date : 10-01-2022 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --
Interim Order 1Full order available
23 Dec 2021
Order 1Full order available
23 Dec 2021
Order Details: Notice of Motion Pdf Text: N/m No. 3018/21 in Comm. Sum. Suit No. 4/21. 1 Order. MHCC010098412021 Presented on : 29-11-2021 Registered on : 29-11-2021 Decided on : 23-12-2021 Duration : 0 years, 0 months, 24 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3018 OF 2021 IN COMMERCIAL SUMMARY SUIT NO. 4 OF 2021 Kamal Khandhadia ...Plaintiff Versus M/s Shree Tirupati Greenfield and Others ...Defendants CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT.…
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