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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

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    CODE 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: 10-01-2022

    Additional 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

    3
    Final Order 2
    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 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.…

    Read Full Order
    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.…

    Read Full Order

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