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Commercial Suit

Gangaram Janu PawarVsPrasad Prakash Patil

CNR MHCC01008335201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 16th February 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100213/2019
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 present.
    Adjd to 17.02.2020 for Directions
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Rajesh M Patil for plaintiff
    None for defendant
    On request of plaintiff issue fresh writ of summons through bailiff.
    Adjd for service to 29-02-2020
    Next Purpose: SERVICE
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. Rajesh patil for plaintiff filed
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh.5- Affidavit of service.
    Adjd for steps to 07-03-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: None present.
    Adjd for steps to 15-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    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 of 2020 dtd.22/9/2020 of this Court,
    Matter adjd to 19/10/2020 for taking steps .
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    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 12/11/2020 for taking steps.
    Next Purpose: FOR TAKING STEPS
    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 07.12.2020 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Adv.  Rajesh Patil for plaintiff present.
    In way of order dtd. 29.02.2020 plaintiff has filed affidavit of service Exh-5 as per affidavit writ of summons duly served to the defendant. However defendant absent till today hence suit is proceeded Ex-parte against defendant.
    Matter adjd to 15.12.2020 for Ex-parte.
    Next Purpose: ORDER
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Plaintiff Gangaram Janu Pawar present.
    Adv.Rajesh Patil for plaintiff present.
    None for defendant.
    Adv. for plaintiff tendered evidence of Gangaram Janu Pawar along with documents. However fail to file statement of truth.
    Ld. Counsel for plaintiff orally submitted that he will submit statement of truth on next date- accepted.
    adjd for compliance and verification to 16.01.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Adv.Rajesh Patil for plaintiff present.
    None present for defendant.
    Matter adjd to 25.01.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Plaintiff present.
    Adv.Mr.Rajesh Patil for plaintiff present.
    None present for defendant.
    Adv.of plaintiff filed affidavit of claim, Exh.6 t.o.r.
    PW No.1- Mr. Gangaram Janu Pawar, resumed on S.A.
    List of documents, Exh.7 t.o.r.
    O-Documents with this list are exhibited formally. Its evidenciary value will be considered at the time of final argument.
    Demand promissory note of Rs.3,80,000/- dated 20.07.2018, Exh.8
    Notice of demand dated 18.01.2019 with A.D. Card, Exh.9.
    Xerox copy of money lending license year 2018-2019, Exh.10.
    Xerox copy of form No.10., Exh.11
    Xerox copy of cash entry, Exh.12.
    Xerox  copy of ledger entry, Exh.13.
    Adv.of plaintiff filed statement of truth, Exh.14 t.o.r. O-filed.
    KB
    LO
    Same appearance.
    Evidence closure pursis filed by Adv.of plaintiff, Exh.15 t.o.r.
    O-filed.
    Adv.of plaintiff is directed to file original documents.
    Matter adjd to 06.02.2021 for filing of original documents.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv.Rajesh Patil for plaintiff present.
    None present for defendant.
    Adv.of plaintiff filed List of original documents, Exh.16 t.o.r.
    O-Documents be exhibited.
    Application filed  by Adv.of plaintiff for taking on record original documents and return back, Exh.17 t.o.r.
    ORDER BELOW EXH.17
             The plaintiff has produced original Money Lending license, original books of form No.10, Books of Cash entry and books of Ledger entry by this application. He prays to keep the xerox copy on record and seeks to return the original documents after comparing and exhibiting the xerox copies of the same.
           The documents be returned back to the plaintiff after comparing the same and exhibiting the xerox copies. Initially plaintiff had filed copies of the same those are Exh.10 to Exh.13. He request to compare the original with the copies Exh.10 to Exh.13 and original be returned back to plaintiff.
              The original documents filed today at Exh.16 be returned back to the plaintiff after verifying the same with the copies to be exhibited.
    The plaintiff to file undertaking to produce original documents as and when directed.
    Undertaking filed by Adv.of plaintiff, Exh.18.
    Matter adjd to 10.02.2021 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv.Rajesh Patil for plaintiff present.
    None present for defendant.
    Heard final argument.
    Matter adjd to 16.02.2021 for judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv.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.4,16,729/- (Rupees Four Lakhs Sixteen Thousand Seven Hundred and Twenty Nine Only) with further interest on Rs.3,80,000/- at the rate of 18 percent per annum from the date of filing of the suit till its realization.
    3. Decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 16-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108827/2019
    Filing Date: 07-08-2019
    First Hearing Date: 06th January 2020
    Decision Date: 16th February 2021
    Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010083352019 Presented on : 07082019 Registered on : 26112019 Decided on : 16022021 Duration : Y01 M06 D09 IN THE COURT OF SESSIONS FOR GREATER BOMBAY COMMERCIAL SUIT NO. 213 OF 2019 Gangaram Janu Pawar, age 40 years, Indian ] Inhabitant, carrying on business at Room No. ] 23/235, Balchand Shindhi Chawl, Jayshankar ] Chowk, Halav Pul Road, Kurla (W), ] Mumbai400070 ]….Plaintiff V/s Prasad Prakash Patil, adult, working for gain ] with…

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