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Commercial Suit

Manohar Khandu KalbhorVsRosamma G. Joseph

CNR MHCC01008156201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 20th September 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100208/2019
Registration Date
26 Nov 2019

Advocates

2

For Petitioner

For Respondent

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 and has tenanted draft N.M along with affidavit. Leave granted. Copy be served to other side.
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 2.45 p.m.
Adv. Mr. Patil for plaintiff present and tendered original registered N/M no. 909 of 2020 along with affidavit in support. t.o.r. Copy served to respondent.
None for defendant
Adjd to 13.03.2020 for N/M Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv.Patil for plaintiff present.
Adv.for defendant absent.
Matter adjd to 07.04.2020 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
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: AFFIDAVIT OF SERVICE
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: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2020

Date: 30-09-2020
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.131 dtd.22/9/2020 of this Court.
Matter adjd to 21/10/2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2020

Date: 21-10-2020
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 03.11.2020 for affidavit of service/ reply on notice of motion.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-11-2020

Date: 03-11-2020
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  24/11/ 2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2020

Date: 24-11-2020
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  09/12/2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv.Rajesh Patil for plaintiff present.
Matter adjd to 08.01.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv.Mr.Rajesh Patil for plaintiff present.
None present for defendant.
Matter adjd to 15.01.2021 for Appearance and NM Hearing.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 04.02.2021 for Appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Affidavit of service, Exh.5 filed by Adv.of plaintiff t.o.r.
The defendant is served and had failed to appear in the suit. The suit is proceed ex-parte against her. The defendant is also served with notice of motion had not filed say. Notice of motion to proceed without say.
Matter adjd to 11.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
KB
LO
Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Affidavit of examination in chief of Manohar Khandu Kalbhor filed by Adv. of plaintiff, Exh.6 t.o.r. O-filed.
List of documents filed by Adv. of plaintiff, Exh.7 t.o.r.
O-put up for order
Statement of truth, Exh.8 filed by Adv. of plaintiff t.o.r. O-filed.
Notice of Motion No.909/2020 not pressed by Ld. Adv. of plaintiff. The Notice of Motion No.909/2020 is disposed of as not pressed.
Matter adjd to 18.02.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
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.
Matter adjd to 10.03.2021 for further evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
Matter adjd to 16.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 19.03.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26.03.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 05.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
None present for defendant.
Notice of Motion No.909/2020 is already disposed of on 11.02.2020 as not pressed, hence, relevant entry about its disposal is taken in CIS today.
Matter adjd to 28.04.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 21.08.2021 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.34 pm
Adv.Rajesh Patil for plaintiff present.
         Read the roznama dated 04.02.2021. In view of order passed on 04.02.2021, suit is already proceeded ex-parte against the defendant.
ORDER REGARDING EXHIBITION OF DOCUMENTS
1.The document at Sr. No.1 is demand promissory note dated 08.07.2018. Read the contents of para No.3 of evidence affidavit. The document is marked as Exh.9.
2. The document at Sr. No.2 is notice of demand dated 20.12.2018 alongwith acknowledgement card. Read the contents of affidavit of Para No.5. The document is marked as Exh.10 (colly.).
3. The document at Sr. No.3 is money lending license year 2018-2019. It is issued by the government. The plaintiff has produced true copy of the same. It is marked as Exh.11.
4. The document at Sr. No.4 is copy of Form No.10. It is marked as Exh.12.
5. The document at Sr. No.5 is cash entry. Originals are not produced, hence, it is marked as Article-X1.
6. The document at Sr. No.6 is ledger entry. Originals are not produced, hence, it is marked as Article-X2.
Suit is ex-parte, hence, no cross.
Matter adjd to 01.09.2021 for further evidence/argument.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-09-2021

Date: 01-09-2021
Business: None present for plaintiff.
None present for defendant (Suit is ex-parte against defendant).
KB
LO at 03.46 pm
None present.
ORDER
    The suit is for further evidence. The plaintiff remained absent and failed to adduce further evidence,hence, plaintiffs evidence is closed.
Matter adjd to 18.09.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv.Rajesh Patil for plaintiff present.
None present for defendant.
KB
LO at 01.20 pm
Adv.Rajesh Patil for plaintiff present.
Heard Argument.
Matter adjd to 20.09.2021 for judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv.Rajesh Patil a/w. Adv.Jyoti Vaity 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 partly decreed with costs.
2.The defendant do pay to the plaintiff the amount of Rs.4,00,000/- (Rupees Four Lacs Only) with the interest at the rate of 9 percent per annum from 08.07.2018 till its realisation.
3. Decree be drawn up accordingly.
Nature Of Disposal: PARTLY DECREED
Disposal Date: 20-09-2021

Additional Case Details

Additional Case Details
Filing Number: 108564/2019
Filing Date: 01-08-2019
First Hearing Date: 06th January 2020
Decision Date: 20th September 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
20 Sept 2021

Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010081562019 Presented on : 01082019 Registered on : 26112019 Decided on : 20092021 Duration : Y2, M1,D19 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI COMMERCIAL SUIT NO.208 OF 2019 Manohar Khandu Kalbhor ] Age: 45 years, ] Indian Inhabitant, carrying on business ] at Patra Chawl Near Gujrathi School, ] Subhash Nagar, New Mill Road, Kurla (W), ] Mumbai 400 070. ]....Plaintiff V/s Rosamma G. Joseph ] Adult, working for gain…

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