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SUMMARY CIVIL SUIT - SUMMARY SUIT

Ms. Rosalind PereiraVsDirect Create Pvt. Ltd.

CNR MHCC01009417201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 20th September 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101196/2019
Registration Date
30 Nov 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: 17-01-2020
    Business: BY PRECIPE O- Allowed to take on today\''s board.
    Adv. for defendant filed draft Notice of motion. O- Leave granted to register Notice of motion.
    Adv. Amogh Karandikar filed vakalatnama in Notice of motion.
    Already adjd to 03/02/2020.
    Next Purpose: REPORT
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Prateek Pai along with Adv. Saheb Shaikh for plaintiff present.
    Adv. for defendant present.
    Adv. for defendant filed registered notice of motion No. 435/2020. t.o.r.
    Time granted to file reply to NM filed by defendant to the plaintiff as last chance.
    Adjd for NM reply to 06/05/2020.
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Adv. Jay Chabriya a/w Abhishek Dubey for plaintiff present.
    None for defendant.
    Today matter is for NM reply.
    He seeks time to file NM reply. Time granted till next date.
    Matter adjd for NM reply to 15-03-2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. Pratika Pai for plaintiff present.
    Adv. Amol Karendiakr for defendant present.
    Ld adv for plaintiff filed NM reply t.o.r. O-R and R.
    Copy of the NM reply is given to the defendant advocate today in the court.
    Matter adjd for NM hearing to 05-04-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Adv.Pratik Pai for plaintiff present.
    None for defendant.
    Matter adjd for NM hearing to 28-06-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. Pratik Pai for plaintiff present.
    None for defendant.
    Matter adjd for NM hearing to 27-09-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv. Pratik Pai for plaintiff present.
    None for defendant.
    Defendant failed to argue on NM.
    Heard ld adv for plaintiff.
    Matter adjd for NM order to 13-10-2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: P.O. is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv. Pratik Pai for plaintiff present.
    None present for deft.
    F.R.S.R. following order in Notice of Motion no.435 of 2020 in Summary Suit no. 1196 of 2019 is passed-
    ORDER
    1. The Notice of Motion No.435 of 2020 is dismissed.
    2. Parties to bear their own costs.
    Matter adjd for steps on 23/12/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-12-2021
    
    Date: 29-10-2021
    
    Date: 23-12-2021
    Business: Adv. Pratik Pai for plaintiff present.
    None present for defendant.
    Matter Adjd for filing affidavit of documents on 04/03/2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Adv. Pratik Pai for plaintiff present.
    None present for defendant.
    Later on at 12.11 pm.
    None present for defendant.
    PW 1 is present.
    Exh.02 - Claim affidavit. O-read and recorded.
    Exh.03 - Affidavit of documents. O-seen.
    Exh.04 - List of documents. O-be filed.
    Matter Adjd for hearing on admissibility of documents on 27/04/2022.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: P.O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Pratik Pai for plaintiff present.
    None present for defendant.
    Exh.05 - Certificate U/S 65B of Indian evidence Act. O-seen.
    Heard learned advocate for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exhibit No.
    Serial No.
    Description of document
    06
    01
    Printout of material on social media
    07
    02
    Printout of email
    08
    03
    List of missing jewellery
    09 (Colly)
    04
    Delivery challans
    10
    05
    Delivery receipt
    11 (Colly)
    06
    Printout of emails
    12
    07
    Printout of email dt.31.01.2019
    13(Colly)
    08
    Printout of email between 21.02.2019 to 06.03.2019
    14(Colly)
    09
    Printout of email between 07.03.2019 to 08.03.2019
    15
    10
    Printout of email dt.12.03.2019
    16(Colly)
    11
    Printout of email between 12.03.2019 to 18.03.2019
    17
    12
    Notice dt.17.05.2019
    18
    13
    Postal receipt
    19
    14
    Delivery receipt
    20
    15
    Letter dt.05.07.2019
    21
    16
    Order dt.29.10.2021
    22
    17
    Particulars of claim
    Exh.23 - Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte argument on 24/08/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: Adv. Pratik Pai for plaintiff present.
    None present for defendant.
    Heard final argument of plaintiff.
    Matter Adjd for ex-parte judgment on 20/09/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Pratik Pai for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.1196 of 2019 is passed-
    ORDER
    1. The Summary Suit No.1196 of 2019 is decreed with costs.
    2. Defendant shall pay the amount of Rs.98,108/-(Rupees  Ninety Eight Thousand One Hundred and Eight Only) to the plaintiff along with interest at the rate of 9 percent per annum from the date of filing suit till its actual realization.
    3. Decree be drawn up accordingly.
    4. Court fee if any be refunded as per rules to the plaintiff.
    5. Judgment is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 20-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 109956/2019
    Filing Date: 13-09-2019
    First Hearing Date: 17th January 2020
    Decision Date: 20th September 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Sept 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010094172019 Presented on 13092019 Registered on 30112019 Decided on 20-09-2022 Duration Yrs. M. Days 03 00 07 CNR No. MHCC010094172019 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.1196 OF 2019 Ms. Rosalind Pereira, carrying on business as a Sole Proprietor in the name and style of “Mayabazaar”, having her office at 5th floor, Behramji Mansion, Sir, P.M. Road, Fort, Mumbai – 400 001. ...Plaintiff. V/s. Direct Create Pvt. Ltd., a…

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