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Commercial Suit

Ansibai Ganeshmal JainVsSumit Hanuman Sharma

CNR MHCC0100866820194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th February 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100130/2019
Registration Date
25 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 2

    Case History / Proceedings

    Case History
    Date: 01-11-2019
    Business: Adv. Suvarna Gambhir for plff present.
    Plaint
    VP
    Address Memo
    List of documents
    Plff is directed to serve writ of summons through Court bailiff upon deft.
    Adjd for Service to 06.12.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. Suvarna for plff present.
    On oral request of advocate for plaintiff, last chance is granted for  filing report of service of writ of summons to
    22.01.2020.
    Later On. 11.55 am.
    Deft present.
    Now adjd for filing Written Statement to 22.01.2020.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv. Suvarna Gambhir for plaintiff present and tendered original registered NM No. 101/20 along with affidavit in support, Affidavit of service and application for summary judgment t.o.r. Its marked at Exh.6 . Copy served to other side.
    Adv. Priyanka Mahadeshwar for defendant present and tendered vakalatnama t.o.r. Its marked at Exh.5
    Adjd to 28-01-2020  for WS and NM Reply.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv. Suvarna Gambhir for plaintiff present.
    Adv. Ritisha  for defendant present
    KB LO
    Adv. Ritisha  for defendant present and tendered affidavit in reply to the NM. Copy kept on record.
    Adjd to 05-02-2020  for NM Hearing and reply to the application.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Suvarna Gambhir  for plaintiff present.
    Adv.   Namrata  for defendant present.
    On oral request of Ld. Adv. for defendant adjournment granted.
    Adjd to  13-02-2020 for WS, NM Rejoinder and  Hearing and reply to application (Exh. 6) .
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv.  Jain   for plaintiff present.
    Adv. Namrata Sherwad for defendant present.
    KB LO
    Heard Ld. Adv. for plaintiff.
    KB LO
    Adv. Namrata Sherwad for defendant present and tendered reply to the application of summary judgment. She has also tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy be served to other side.
    Adjd to 17-02-2020  for  NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: None for plaintiff.
    None for defendants.
    KB LO
    Adv. Yashpal Jain for plaintiff present.
    None for defendants.
    KB LO
    Adv. Sandip Batavia  for defendant present and tendered original registered NM No. 728/20 along with affidavit in support.
    KB LO
    Heard both sides.
    Adjd to 25-02-2020  for order on application for summary judgment and reply to NM.
    Next Purpose: ORDER
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Suvarna Gambhir  for plaintiff present.
    None for defendants.
    KB LO
    Adv.  Yashpal Jain   for plaintiff present and tendered reply to NM No. 728/20.Copy served to other side.
    Adv.  Priyanka Mahadeshwar   for defendant present.
    F.R.S.R. following order is passed -
    Order -
    1) The claim made in the application for summary judgment (Exh.6) is allowed with costs.
    2) The defendant is directed to pay a sum of Rs. 52,90,952/- (Rupees Fifty Two Lakhs Ninety Thousand Nine Hundred and Fifty Two only) within 2 months from the date of decree.
    3) The defendant is also directed to pay interest  @ 12 percent p.a. on the aforesaid sum of Rs. 52,90,952/- (Rupees Fifty Two Lakhs Ninety Thousand Nine Hundred and Fifty Two only)from the date of filing of the suit till the date of payment.
    4)Decree be drawn up accordingly.
         In view of the above order NM No. 101/2020 , NM No. 727/2020 and NM No. 728/2020 are also disposed off.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 109208/2019
    Filing Date: 20-08-2019
    First Hearing Date: 01st November 2019
    Decision Date: 25th February 2020
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Feb 2020

    Order Details: Other Pdf Text: 1 Order on Appln for Summary Judgment in SU130-19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. ORDER ON APPLICATION FOR SUMMARY JUDGMENT (EXH.6) IN COMMERCIAL SUIT NO. 130 OF 2019 (CNR no. MHCC01-000607-2019) Ansibai Ganeshmal Jain Age 80 years, carrying on textile business in the firm name and style of M/s. Matiya Synthetics, at 13/15, Vitthal Wadi, 2nd Floor, Kalbadevi Road, Mumbai – 400 002 as the sole proprietress thereof, through her…

    Read Full Order

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