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SUMMARY CIVIL SUIT - SUMMARY SUIT

MR. SANTOSH NAGURAO GADGEVsMr. Dayanand Bhimrao Kamble

CNR MHCC01008357201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 26th August 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100949/2019
Registration Date
24 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 3

    Case History / Proceedings

    Case History
    Date: 25-11-2019
    Business: Mr. Balbhim Patil for plaintiff present.
    Adjd. for Report on 30.01.2020.
    Next Purpose: REPORT
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv. B. S. Patil for plaintiff present.
    Adv. for plaintiff filed Affidavit of service. t.o.r.
    The affidavit of service of bailiff Mr. Kisan Naik shows that writ of summons is duly served to defendant on 19.11.2019. The defendant failed to appear within 10 days of service of writ of summons. Hence suit to proceed
    ex-parte against defendant.
    Exh- 1 Plaint.
    Exh- 2 Vakalatnama
    Exh- 3 Memo of address of plaintiff.
    Exh- 4 List of documents.
    Exh- 5 Joint affidavit of service.
    Exh- 6 Affidavit of evidence.
    Exh- 7 List of documents.
    Exh- 8 Original dishonored demand promissory note for Rs. 100000/- dt. 04.07.2017
    Exh- 9 Office copy of demand notice dt. 07.05.2018 along with two original postal receipts and one return packet.
    Exh-10 The plaintiff\''s money lending license copy
    Exh- 11 Evidence closure pursis.
    Adjd for ex parte argument to 31/03/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 13
    Nobody present.
    Adjd. to 07-04-2021 for argument
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv. B.S. Patil for plaintiff present.
    None for defendant.
    He seeks time for exparte argument.
    Matter adjd for exparte argument to 23-04-2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. B.S. Patil for plaintiff present.
    None for defendant.
    Heard ld adv for plaintiff.
    Matter adjd for exparte judgment to 26-08-2021.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. B.S. Patil for plaintiff present.
    None for defendant.
    Ex.12   Judgment.
    F.R.S.R. following order in Summary suit no. 949 of 2019 is passed-
    ORDER
    1.   The Summary Suit no. 949 of 2019 is decreed with costs.
    2.   The defendant shall pay the sum of Rs. 1,27,000/-(Rs. One Lakh Twenty Seven Thousand only) to the plaintiff with interest on the principal amount of Rs.1,00,000/-(Rs. One Lakh only) at the rate of 18 percent p.a. from the date of filing of the suit till its realisation.
    3.   Decree be drawn up accordingly.
    4.   Court fee be refunded to the plaintiff if any as per rules.
    5.   Judgement dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 26-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108848/2019
    Filing Date: 08-08-2019
    First Hearing Date: 25th November 2019
    Decision Date: 26th August 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Aug 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010083572019 Presented on : 08082019 Registered on : 24092019 Decided on : 26082021 Duration : 2 years, 0 months, 18 days EXH.12 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 949 OF 2019 Mr. Santosh Nagurao Gadge of Mumbai an adult Indian Inhabitant, aged 27 years, Occupation Money Lender, carrying said money lending business at Room No.4, N.M. Gadge Chawl, Makadwala Compound, Jai Shankar Chowk, HalavPool Road, Kurla (W), Mumbai 400…

    Read Full Order

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