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Commercial Suit

Husenema Kajanna AnreddyVsKASHINATH SAKHARAM KAWDE

CNR MHCC01008813201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th March 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100117/2019
Registration Date
21 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 21-10-2019
    Business: None present.
    Board was called on 22.10.2019 as 21.10.2019 was declared holiday on account of Maharashtra Legislative Assembly election.
    Adjourned for directions to 2.11.2019.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: None present for plaintiff.
    Issue writ of summons against defendant.
    Adjourned for affidavit of service of writ of summons to 21.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: None present for the plaintiff.
    Plaintiff failed to file affidavit of service of writ of summons.
    Adjourned for filing affidavit of service of writ of summons to 13.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Patil h/f. Adv. Mr. Ramesh Jain for plaintiff present.
    None for deft.
    Adv. Mr. Patil seeks time to file affidavit of service.  Granted as a last chance.
    The matter is adjd for affidavit of service to 16.01.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: None present for plaintiff.
    K.B.
    L.O.
    Adv. Mr. Harish Sakpal for plaintiff present.
    Ld. counsel for plaintiff seeks time to file service affidavit.  Already last chance was granted.  The suit is commercial cause suit.  Plaintiff to take steps to serve defendant, otherwise, the matter would be proceeded in accordance with law.
    The matter is adjd for affidavit of service to 28.01.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: None present for plaintiff.
    Plaintiff has not filed the proof of service of writ of summons.  The direction was given to the plaintiff to serve defendant.  Put case for dismissal order.
    The matter is adjd for dismissal to 14.02.2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: None present.
    Matter is for dismissal.  Put it for dismissal order.
    The matter is adjd for dismissal to 24.02.2020.
    Next Purpose: DISMISSAL
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Ramesh Jain for plaintiff present.
    Plaint.
    Vakalatnama.
    Memorandum of address.
    List of documents.
    Adv. for plaintiff filed application for removal of matter from the caption of dismissal and for issuance of writ of summons by R.P.A.D.
    O. - Heard.  In the interest of justice, the matter is removed from the caption of dismissal order.  Plaintiff is permitted to serve writ of summons by R.P.A.D. to defendant at his Vasai address.  Application (Exh.5) is disposed off accordingly.
    Affidavit of service filed by Adv. for plaintiff.  T.O.R.
    The matter is adjd for affidavit of service to 19.03.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Both the parties and their advs are absent.
    Adjourned for Writ of summons to 15.04.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-07-2020
    
    Date: 15-07-2020
    Business: National Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: The Plaintiff and its Advocate are absent.
    Both the parties and their advocate are absent when called out.
    Adjourned for service of Writ of Summons all the defendants  on 14.01.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Court is on leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant
    Exh. 2 - service affidavit submitted by plaintiff, summons by RPAD is not claimed. Hence, suit to proceed (ex-parte).
    Matter is adjd.to 22-02-2021 for service
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv. Mr. Ramesh Jain for plaintiff, prayed for adjd.
    None for defendant.
    Matter is adjd.to 26.02.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Adv. Mr. Ramesh Jain for plaintiff, prayed for adjd.
    None for defendant.
    Matter is adjd.to 06.03.2021 for R/E (ex-parte).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: Adv. Mr.Ramesh Jain for plaintiff present.
    None for defendant.
    Exh.3- Statement of truth submitted by plff.
    Exh.4- affidavit of evidence PW-1 Kajanna Anreddy.
    Exh.5- List of documents.
    In view of evidence affidavit of PW-1, documents are marked as follows.
    Exh.6- Photo copy of Money Lending License.
    Exh.7- Photo copy of Demand Promissory Note dtd. 20.06.2018.
    Exh.8- Office copy of form No. 10 of Money Lenders Act.
    Exh.9- Office/ Carbon Copy of the demand notice dtd. 04.03.2019.
    Exh.10- Original Courier Receipt.
    Exh.11- Books of accounts (Cash Book).
    Exh.12- Books of accounts (Ledger Book).
    Exh.13- Power of Attorney.
    Exh.14- To verify all photo copies and original return to plff.
    Exh.15- Evidence close pursis filed by plff.
    Matter is adjd.to 10.03.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Mr. Ramesh Jain for plaintiff present.
    None for defendant.
    Heard argument of adv. Mr. Jain for plff.
    Exh.16-Judgment.
    Judgment dictated and pronounced in open court.
    F.R.S.R the following order is passed.
    ORDER
    1. Suit is partly decreed with cost.
    2. Deft. shall pay the amount of Rs.3,41,424/-(Rupees Three Lakhs Forty One Thousand Four Hundred Twenty Four Only) with interest @12 percent p.a. from the date of suit till realization, within two months from the date of decree.
    3.  Decree shall be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 10-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109348/2019
    Filing Date: 23-08-2019
    First Hearing Date: 21st October 2019
    Decision Date: 10th March 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Mar 2021
    Order Details: Ex-parte Judgement

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