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Commercial Suit

Yalappa Soma JadhavVsBharti Daya Solanki

CNR MHCC01008154201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 12th March 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100211/2019
Registration Date
26 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    MAHARASHTRA COURT FEES ACT · Sec 138

    Case History / Proceedings

    Case History
    Date: 06-01-2020
    Business: None for plaintiff.
    None for defendants.
    Exh. 1 Plaint
    Exh. 2 Vakalatnama of adv. of plaintiff.
    Exh. 3 Address memorandum.
    Exh. 4 List of documents.
    Issue wirt of summons to defendant.
    Adjd to 20-02-2020  for  direction .
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Patil for plaintiff present.
    Adjd to 29.02.2020  for service .
    Next Purpose: SERVICE
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: None for plaintiff.
    None for defendant.
    KB./LO at 2.50 p.m.
    Adv. Mr. Patil for plaintiff present and tendered affidavit of service t.o.r. and marked as Exh.05.
    None for defendant.
    Adjd to 13.03.2020 for W/s.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv.Patil for plaintiff present.
    Adv.for defendant absent.
    In view of affidavit of service, defendant duly served by the bailiff on 13.02.2020. However, remained absent, failed to tender written statement. Hence, suit is proceeded ex-parte against defendant.
    Matter adjd to 07.04.2020 for ex-parte evidence on the side of plaintiff.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-07-2020
    
    Date: 02-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Reason For Adjournment: court time is over
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
    Matter adjd to 15/10/2020 for Ex-party evidence
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: As Court is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.143/2020 dtd.09/10/2020 of this Court.
    Matter adjd to  06/11/2020 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
    Matter adjd to   12/11/2020 for  exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: Parties and their  respective advocates are absent.
    Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
    Matter adjd to 03.12.2020 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None for plff.
    None for def.
    Matter adjd to  10/12/2020  for Ex-party evidence.
    Reason For Adjournment: court time is over
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None for plaintiff.
    None for defendant.
    Adjd to 17.12.2020 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Adv.Rajesh Patil for plaintiff present.
    None for defendant.
    Matter adjd to 27.01.2021 for Ex-party evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    Matter adjd to 17.02.2021 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv.Rajesh Patil for plaintiff present.
    None present for defendant.
    Witness present.
    On oral request of plaintiff matter adjourned.
    Matter adjd to 18.02.2021 for steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv.Rajesh Patil for plaintiff present.
    None present for defendant.
    Witness present.
    Statement of truth, Exh.6 filed by Adv. of plaintiff t.o.r. O-filed.
    Claim affidavit, Exh.7 filed by Adv. of plaintiff t.o.r. O-filed.
    List of documents, Exh.8 filed by Adv. of plaintiff t.o.r.
    O-Put up for order.
    Matter adjd to 01.03.2021 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv.for plaintiff absent.
    Adv.for defendant absent.
    Matter adjd to 08.03.2021 for R/E.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv.Rajesh M. Patil for plaintiff present.
    None present for defendant.
    Witness present.
    PW-1, Yalappa Soma Jadhav resumed on S.A.
    Order on Exh.8-Documents Sr. No.1 and 2 are exhibited.
    List of documents, Exh.9 filed by Adv. of plaintiff t.o.r.
    O-Documents annexed with list are exhibited formally. Its evidentiary value will be considered at the time of final argument of suit.
    Demand promissory note of Rs.3,50,000/- dated 2nd May 2017, Exh.10.
    Notice of demand dated 04.01.2019 with return packets, Exh.11 colly.
    Original Money Lending license year 2017-18, Exh.12.
    Books of Form No.10, Exh.13.
    Books of cash entry, Exh.14.
    Books of Leger entry, Exh.15.
    Evidence closure pursis, Exh.16 filed by Adv. of plaintiff t.o.r.
    O-filed.
    Application filed by Adv. of plaintiff for return of original documents, Exh.17 t.o.r.
    ORDER BELOW EXH.10
    Original Money lending license (Exh.12), Books of form No.10 (Exh.13), Books of cash entry (Exh.14), books of ledger entry (Exh.15) be returned after comparing the copy with the original. Applicant to undertake to produce original documents (Exh.12 to Exh.15) as and when directed.
    Undertaking filed by Adv. of plaintiff to produce the compilation of documents as and when required by the Court t.o.r. Exh.18.
    Matter adjd to 10.03.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv.Rajesh Patil for plaintiff present.
    None present for defendant.
    Heard argument of Adv.Mr.Rajesh Patil.
    Matter adjd to 12.03.2021 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv.Mr.Rajesh Patil for plaintiff present.
    None present for defendant.
    Judgment dictated and pronounced in open Court.
    F.R.S.R. the following order is passed
                           ORDER
    1. Suit is decreed with costs.
    2.The defendant is directed to pay to the plaintiff a sum of Rs.4,57,013/- (Rupees Four Lakhs Fifty Seven Thousand and Thirteen Only) with further interest at the rate 18 percent per annum on principal amount of Rs.3,50,000/- (Rupees Three Lakhs Fifty Thousand Only) from the date of filing of suit till its realization.
    3. Decree be drawn up accordingly
    Nature Of Disposal: DECREED
    Disposal Date: 12-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108565/2019
    Filing Date: 01-08-2019
    First Hearing Date: 06th January 2020
    Decision Date: 12th March 2021
    Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Mar 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010081542019 Presented on : 01082019 Registered on : 26112019 Decided on : 12032021 Duration : Y01 M07 D11 IN THE COURT OF SESSIONS FOR GREATER BOMBAY COMMERCIAL SUIT NO.211 OF 2019 Yalappa Soma Jadhav, age 45 years, carrying on ] business at Yalappa Chawl, Room No.666, ] Makadwala Compound, Halav Pul Road, Kurla (W), ] Mumbai 400 070 ]....Plaintiff V/s Bharti Daya Solanki, age not known, adult, working ] for gain with Dr.…

    Read Full Order

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