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SUMMARY CIVIL SUIT - SUMMARY SUIT

Joitaram Hiraji PatelVsM/s. Bilehari Hi Tech +2 more

CNR MHCC01010093201983-
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 22nd March 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101045/2019
Registration Date
22 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 03-01-2020
    Business: Adv. K. S. Tripathi for plaintiff present.
    Adjd for report to 06/03/2020.
    Next Purpose: REPORT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. K. S. Tripathi for plaintiff present.
    Adv. for plaintiff filed application for issuance of fresh writ of summons. O- Issue fresh writ of summons as prayed.
    Adjd for compliance to 13/07/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Holiday declared on account of heavy rains. Hence matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Nobody present.
    Adjd. to 22/03/2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Adv. K.S. Tripathi for plaintiff present.
    None for defendant.
    Ld adv for plaintiff submits that fresh summons be issued. Hence, issue fresh writ of summons to defendants.
    Matter adjd for affidavit of service to 19-06-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: In view of Office Order No. 104/2021 dated 10.06.2021, as holiday declared on 12.06.2021, Hence matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. K. S. Tripathi for plaintiff present.
    None for defendant.
    Ex. 2 Ld Adv. filed Affidavit of service. O-Seen.
    Matter adjd for Exparte Order to 18.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per Office Order No. 213 of 2021 dtd 12.10.2021 as declared holiday.
    Next Purpose: ORDER
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: P.O. is on Leave
    Next Purpose: ORDER
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: PO is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: None present.
    Order below Exh.01
    Defendants duly served as per Exh.02, but they failed to appear. Hence to proceed ex-parte against them.
    Matter adjd for ex-parte evidence on 13/04/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: None present.
    Matter Adjd for ex-parte evidence on 06/07/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present.
    Matter Adjd for ex-parte evidence on 03/09/2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Holiday Declared Ganpati Festival
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: None present.
    Matter Adjd for ex-parte evidence on 13/01/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Adv. K. S. Tripathi for plaintiff present.
    None present for defendant.
    Time sought.
    Matter Adjd for ex-parte evidence on 14/03/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Tripathi for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for ex-parte evidence on 17/04/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. K. S. Tripathi for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for ex-parte evidence on 14/07/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: P.O. is on leave
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: Both parties are absent when called.
    Adv. Tripathi for plaintiff is present.
    Matter Adjd for marking of document to 07.11.2023.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: P. O. is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Court is on leave.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-03-2024
    
    Date: 22-03-2024
    Business: Matter pertains to C. R. No. 83.
    Adv K. S. Tripathi for plaintiff present.
    Heard Ld. Adv for plaintiff on marking on documents.
    Document at Sr. no. 1 are 09 Tax invoices along with Delivery Challans marked as Exh. 05 collectively.
    Document at Sr. no. 2 is Ledger Accounts for the period from 01/04/2016 to 31/03/2017, 01/04/2017 to 31/03/2018, 01/04/2018 to 31/03/2019 and 01/04/2019 to 13/09/2019 marked as Exh. 06 collectively.
    Document at Sr. no. 3 is Plaintiff\''s Advocate\''s Legal Demand Ntoice dated 14/12/2018 along with original postal receipts  marked as Exh. 07 collectively.
    Document at Sr. no. 4 is Plaintiff\''s Advocate\''s Legal Demand Ntoice dated 16/01/2019 along with original postal receipts  marked as Exh. 08 collectively.
    Document at Sr. no. 5 is Defendant\''s Advocate\''s Reply dated 05/02/2019 along with registered post letter envelope marked as Exh. 09 collectively.
    Document at Sr. no. 6 is Reminder Letter dated 26/04/2019 along with three postal receipts marked as Exh. 12 collectively.
    Heard Ld. Adv for plaintiff.
    Judgment (Dictated and pronounced in open Court).
    F. R. S. R. following order is passed -
    Order
    1.	Summary Suit No. 1045 of 2019 is partly Decreed with Cost.
    2.	The defendants do pay principal amount of Rs.1,08,058/- with interest at the rate 9 percent per annum from the due date till its full realization.
    3.	Decree be drawn up accordingly.
    4.	Summary Suit No. 1045 of 2019 disposed of.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 22-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 110745/2019
    Filing Date: 03-10-2019
    First Hearing Date: 03rd January 2020
    Decision Date: 22nd March 2024
    Court Number And Judge: 83-

    Orders

    1
    Final Order 1Full order available
    22 Mar 2024

    Order Details: Ex-parte Judgement Pdf Text: Sum. Suit No.1045/2019 -: 1 :- Judgement MHCC010100932019 Presented on : 03102019 Registered on : 22102022 Decided on : 22.03.2024 Duration : YY:MM:DD 04: 05: 19 IN THE BOMBAY CITY CIVIL COURT, MAZGAON AT BOMBAY SUMMARY CIVIL SUIT NO. 1045 OF 2019 EXHIBIT NO.11 Joitaram Hiraji Patel son of Hiraji L. Patel aged about 41 years, Occupation: Business, carrying on business name and style of “Montex metals India” at 99100, Pansare Building, 4 th…

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