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SUMMARY CIVIL SUIT - SUMMARY SUIT

Essa Mohammed Mohammed ZarifVsVishal N. Waingankar

CNR MHCC01008443201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 03rd February 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100843/2019
Registration Date
22 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 16-10-2019
    Business: Adv. Ramesh Jain for plaintiff present.
    Adjd. for service to 13.12.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ramesh Jain For plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 27.02.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ramesh Jain for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 27.03.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: Due to Covid - 19 Pandemic none appeared.
    Next Purpose: SERVICE
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff. Present.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv. For plff. Filed affidavit of service. t.o.r. Marked as Exh-5 Order - Seen and filed.
    Matter is adjd to 01.02.2021 for ex-parte order.
    Next Purpose: ORDER
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for plff. Present.
    Ex-parte passed below Exh-1
    Defendant duely served with suit summons but failed to appear. Hence suit to proceed ex-parte against the defendant.
    Adv. For the plff. Tendered list of documents. t.o.r. marked as Exh-6
    Order - Seen and filed.
    Promissory note dt. 22.03.2019 Sr.No.1 t.o.r. marked as Exh-7
    Plaintiff\''s Advocates\'' letter dt. 20.05.2019 Sr.No.2 t.o.r. marked as Exh-8
    Money lender licence Sr.No.3 t.o.r. marked as Exh-9
    Forms under Bombay Money lending Act. Sr.No.4 t.o.r. marked as Exh-10
    Argument heard.
    Matter is adjd to 03.02.2021 for Ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Ramesh Jain for the plff. Present.
    Judgment Exh- 11
    For the reasons separately recorded, the following order is passed
                                           ORDER
    1.  The defendant shall pay Rs.74,176.98 ps (Rupees Seventy Four Thousand One Hundred Seventy Six and Ninety Eight paise Only) to the plaintiff with interest on principal amount of Rs.70,000/- at the rate of 18 percent per annum from the date of filing of the suit till its realization.
    2.  Defendant do pay costs of the suit to the plaintiff.
    3.  Decree be drawn accordingly.
    4.  Court fee, if any, be refunded as per rule.
    Nature Of Disposal: DECREED
    Disposal Date: 03-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108910/2019
    Filing Date: 09-08-2019
    First Hearing Date: 16th October 2019
    Decision Date: 03rd February 2021
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Feb 2021

    Order Details: Ex-parte Judgement Pdf Text: MHCC010084432019 Presented On :-09.08.2019 Registered On :-21.08.2019 Delivered On :- 03.02.2021 Duration :-Y-01/M-05/D-26 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO.843 OF 2019 Exhibit-11 Essa Mohammed Mohammed Zarif Age- 51 years, of Mumbai an adult Indian Inhabitant, having his address at Room No.1, Building No.50 Bomanji Street, Ward A, Mumbai-400 001 ….Plaintiff V/s Vishal N. Waingankar age not known, of Mumbai an adult Indian Inhabitant, having his address at 42/4,…

    Read Full Order

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