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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Large Peg MediaVsZone 8 Tea World Pvt. Ltd.

CNR MHCC01007990201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 02nd July 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100826/2019
Registration Date
20 Aug 2019

Advocates

1

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: 14-10-2019
    Business: Adv. Sakina for plaintiff present.
    Adv. Rajendra Jain for deft. Present.
    Exh. - Affidavit of service @ original writ of summons filed by adv. for plaintiff.
    Adjd. for SJ to 20.01.2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Rajendra Jain For the deft. Present.
    Matter is adjd to 21.03.2020 for S/J hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 04.07.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: P.O. is on Leave.
    Due to Covid-19 Pandemic none appeared.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 17.04.2021 for S/J  Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 23/07/2021 for S/J Hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Court is on Leave.
    Due to Covid-19 pandemic.
    Matter is adjd to 24.09.2021 for S/J Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Adv. Ms. Kranti Gurav for Plaintiff present and filed draft S/J with Affidavit in support.  O :- Leave granted to register S/J.
    	None present for Defendant.
    	Matter adj. to 22/03/2022 Service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv. Mr. Romin Sangai for Plaintiff present and tendered registered
    SJ 59/22	S/J No. 59/22 alongwith affidavit in its support.  T.O.R.
    	Adv. for Plaintiff filed affidavit of service of SJ.  TOR.
    	It appears that the Plaintiff has duly served the notice of S/J on Defendant in person on 22/02/2022.  Defendant is absent.  Not leave to defend is filed.
    	Matter adj. to 21/06/2022 for Ex-parte Hearing on S/J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Dipen Furia a/w Shubham Mishra for Plaintiff present.
    Adv. Sneha Marjadi h/f Jay Vakil for Defendant.
    Adv. for the deft. filed draft N/M alongwith affidavit in support. TOR
    O :- Leave granted to registered.
    Defendant to serve the copy of NM to the plaintiff.
    Matter adjourned to 08.08.2022 S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: Adv. Mr. Shubham Mishra for Plaintiff present.
    Adv. Sneha Manjadi h/f. Adv. Jay Vakil for Defendant present and submits that the draft NM has got damaged and therefore, leave be granted to file fresh NM.  I verified the copy of draft NM.  It has been slightly damaged.  Therefore, it would be just and proper to permit the defendant to file fresh NM.  Time granted till next date.
    Matter adjourned to 06.09.2022 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: As court is busy in argument in SJ No.256/16 and argument and order in SJ No.124/17 and SJ No.223/18. Hence board is discharged.
    Matter adjourned to 11/11/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: As Court is busy in dictating Judgment in SJ No.235 of 2016, matter is adj to 04/01/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Business: Adv.Romin Sangoi i/b M/s Shah and Furia Associates for plaintiff present.
    None for defendant.
    This court had already by order dated 22/03/2022 has directed to proceed hearing on SJ ex-parte.
    Record further reveals that on 08/08/2022, the Ld.Adv. for defendant had sought liberty to file fresh Notice of Motion, as earlier N/M tendered on 21/06/2022 was damaged.   Despite liberty granted by this court to file fresh N/M, defendant failed to file the same even on last two dates.  Same is the position today.
    In view of inaction on the part of defendant, place the matter for ex-parte SJ hearing on 08/03/2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Mr.Dipen Furia i/b M/s. Shah and Furia Associates for plaintiff present.
    Adv.Pariket Shah h/f Adv.Jay Vakil for defendant present. He filed application (Exh-6) for extension of time for registering the N/M filed by him on 21/06/2022.
            This court by order dated 08/08/2022 had already granted liberty to the defendant to file fresh N/M on the ground that earlier N/M was slightly damaged.
              Despite the said liberty defendant failed to file the N/M since last more than six months. On last date i.e. 04/01/2023 by sensing delay on the part of defendant, this court has already directed to proceed the matter for hearing SJ ex-parte.  As such I find no reason to allow present application.   Hence, same stands rejected.
    Matter is adj to 25/04/2023 for ex-parte SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Mr.Dipen Furia i/b M/s Shah and Furia Assocaites for plaintiff present.
    Adv.Susmit Paradkar h/f Adv.Jay Vakil for defendant  present.  He tendered draft Notice of Motion, along with affidavit and seeks leave to register the same.
      Ld.Adv. for plaintiff strongly objects the same.  He points out earlier order passed by this court thereby rejecting application          Exh-6 filed by defendant seeking extension of time to register N/M.
       Heard both the sides.
       It appears that defendant had filed draft N/M on 21/06/2022 and leave to register was also granted.  However on 08/08/2022 defendant submitted that the the draft N/M had damaged and therefore leave was sought to file fresh N/M.  The leave was accordingly granted.  Thereafter, on last four dates defendant failed to get fresh draft N/M registered.  Thus, Ld.Adv. for plaintiff is justified in submitting that defendant is trying to delay the proceeding.
      However, as leave to register N/M was granted long back on 21/06/2022, the further delay caused by the defendant to be balanced by imposing necessary cost.
      In view of the above, leave to register is granted, however subject to cost of Rs.4,000/-(Rupees Four Thousand Only).  Cost payable to the plaintiff.
    Defendant to deposit the cost within one week from today.  Failure of the defendant of the same would amount to refusal to register the draft N/M.
    Defendant to serve copy of draft N/M during the course of the day.
    Matter is adj to 06/05/2023 for reply to N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2023
    
    Date: 06-05-2023
    Business: Adv. Dipen Furia i/b. M/s. Shah & Furia associates for plff. present.
    Adv. Nishant Badami h/f. Adv. Jay Vakil for defendant present.
    Matter is adj to 07.06.2023 for N/m. reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Dipen Furia I/b M/s. Shah and Furia Associates for the plaintiff is present.
    Adv. Jay Vakil for the defendant is present.
    Counsel for both the parties submit that the matter can be compromise. Hence, matter be sent to mediation.
    Matter is adj to 20.06.2023 for mediation report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: Court is on leave.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Dipen Furia i/b M/s Shah and Furia Associates for plaintiff is present.
    Mediation report received. It is reported that mediation is failed. It is marked as Exh-7.
    Order below Exh-1
    The defendant and its advocate are absent. Counsel for the plaintiff pointed out that order dated 25.04.2023 in respect of granting leave to register notice of motion has not been complied with. It is found that the said order was to be complied with by paying or depositing the costs of Rs.4,000/- within a week and draft of the said notice of motion was to be served on the plaintiff the same day.  More than three months have been elapsed after passing the said order, but the costs is not yet not deposited/paid. The counsel for the plaintiff submit that the draft of NM is also not served yet. In view of the non-compliance of said order, leave to register the notice of motion granted by the order dated 25.04.2023 stands revoked.
    Matter is adj to 19.10.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Mr. Dipen Furia i/b M/s Shah and Furia Associates for plaintiff is present.
    Matter is adj to 25.01.2024 for SJ hearing(without reply).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv Varun Kesharia i/b. M/s. Shah and  Furia Associates for plaintiff is present and requested matter be kept back
    Keep back at 2.45p.m.
    Later on at 3.15p.m.
    Adv. Dipen Furia i/b. M/s. Shah and Furia Associates for plaintiff is present and filed list of documents. Taken on record and it is marked as Exh.08.
    Heard Ld advocate for the plaintiff on Summons for Judgment.
    Matter is adj to 20/02/2024 for order on SJ.
    Next Purpose: ORDER
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 3.24 pm
    Adv. Varun Kesharia i/b M/s Shah and Furia Associates for plaintiff is present.
    The matter is fixed for order on summons for judgment. However, on perusing documents filed by the plaintiff vide list Exh-8, it appears some of the documents are photocopies and email print outs are not supported by affidavit u/s 65B of The Indian Evidence Act.
    Matter is adj to 20.03.2024 for filing original documents and hearing on summons for judgment
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The matter was fixed for filing of original documents. Plaintiff failed to filing original documents. The plaintiff is given last chance to filing original documents.
    Matter is adj to-16/04/2024 for filing original documents.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Varun Kesharia h/f M/s Shah and Furia for plaintiff is present and requested for adjournment for filing original documents. Adjournment is granted.
    The defendant and his counsel are absent.
    Matter is adj to 20.06.2024 for filing original documents and hearing on Summons for judgment
    Later on at 4.17 pm.
    Adv. Varun Kesharia h/f M/s Shah and Furia for plaintiff is present and filed an application for production of documents along with additional list of documents. Taken on record. It is marked as Exh-9 and 10 respectively.
    The plaintiff is directed to supply copy on other side.
    Matter is adj to 20.06.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-06-2024
    
    Date: 20-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shubham Mishra i/b Shah and Furia Associates for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 4.45 pm
    Adv. Furia for plaintiff is present.
    Heard counsel for the plaintiff on Summons for judgment No.59/22
    Matter is adj to 02.07.2024 for order on Summons for judgment No.59/22.
    Next Purpose: ORDER
    Next Hearing Date: 02-07-2024
    
    Date: 02-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Varun Keshria i/b Shah and Furia Associates for plaintiff is present.
    The defendant and his counsel are absent.
    FRSR following order is passed on SJ No.59/22
    Order
    1.Summons for judgment No.59/2022 in Summary Suit No. 826/2019 is partly allowed with costs.
    2.Summary Suit No. 826/2019 is partly decreed as follows
    (a) The defendant shall to pay to the plaintiff an amount of Rs. 1,53,594/- (Rupees One Lakh Fifty Three Thousands and Five Hundred Ninety Four only).
    3.The plaintiff is entitled to simple interest on the amount of Rs.1,53,594/- at the rate of 7 percent per annum from 01/08/2019 i.e.  the date of filing the suit till its full realization.
    4.The plaintiff may be entitled to get refund of the court-fees paid by him, if any provided for in rules.
    5.Decree be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 02-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 108505/2019
    Filing Date: 01-08-2019
    First Hearing Date: 14th October 2019
    Decision Date: 02nd July 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Jul 2024
    Order Details: Other
    Pdf Text: 08
    02/07/2024
    SUM
    826/19 @
    59/22
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Varun Keshria i/b Shah and Furia Associates for plaintiff is
    present.
    The defendant and his counsel are absent.
    FRSR following order is passed on SJ No.59/22
    Order
    1) Summons for judgment No.59/2022 in Summary Suit
    No. 826/2019 is partly allowed with costs.
    2] Summary Suit No. 826/2019 is partly decreed as follows:
    (a) The defendant shall to pay to the plaintiff an amount of
    Rs. 1,53,594/- (Rupees One Lakh Fifty Three Thousands
    and Five Hundred Ninety Four only).
    3] The plaintiff is entitled to simple interest on the amount of
    Rs.1,53,594/- at the rate of 7% per annum from 01/08/2019
    i.e. the date of filing the suit till its full realization.
    4] The plaintiff may be entitled to get refund of the court-fees
    paid by him, if any provided for in rules.
    5] Decree be drawn accordingly.
    Judge
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