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SUMMARY CIVIL SUIT - SUMMARY SUIT

Joitaram Hiraji PatelVsM/s. Pratik Engineering +2 more

CNR MHCC01010094201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 20th January 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101030/2019
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: As court is on Leave.
    Matter is adjd to 03.02.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Tripathi for plff. Present.
    Adv. For deft. Absent.
    Plaint
    Vakalatnama
    Memorandum of addressed
    List of document
    Adv. For the plff. Filed application for issuance of fresh summons. Exh-5 Order- issue fresh summons to the deft.
    Matter is adjd to 30.04.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Due to Covid-19 pandemic none appeared.
    Next Purpose: SERVICE
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Court is on Leave.
    Matter is adjd to 05.04.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Tripathi for the plff present.
    Adv. For the plff filed application for extension of time of serve the writ of summons also fresh summons be issued. t.o.r.
    Order- issue fresh summons as prayed.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 29.07.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 11.10.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None present.
    K.B.
    L.O. at 11.57 am.
    Adv Tripathi for plaintiff present.
    Order -defendant  failed to appear inspite of due service of summons. Hence, suit to  proceed ex-parte against defendant no. 1 to 3
    Matter is adjd to 03.01.2022 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Adv Tripathi for plaintiff present.
    None for defendant.
    Matter is adjd for argument to 11.01.2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Plaintiff and defendant absent.
    Adv. K.S. Tripati for plaintiff is present.
    Ext- 6 Adv. For plaintiff has submitted claim Affidavit.
    O- T.O.R.
    Ext- 7 Adv. Of plaintiff have filed the list of documents.
    O- T.O.R.
    Ext- 7/1 Tax Invoices and Delivery Challans alongwith Transporter\''s cash memos.
    Ext- 7/2 (Colly) Ledger accounts for the period from 01.04.2016 to 13.09.2019
    Ext- 7/3 Plaintiff\''s advocate\''s legal demand notice dated 14.12.18 and 3 original registered post receipts.
    Ext-7/4 Plaintiff\''s advocate\''s notice dated 16.01.2019 alongwith 3 original registered post receipts and 3 original registered post acknowledgement cards.
    Ext-7/5 Defendant\''s advocate\''s reply letter dated 05.02.19 alongwith the original registered post letter envelope.
    Ext-7/6 Reminder letter dated 26.04.2019 alongwith 3 original registered post receipts and 3 original registered post acknowledgement cards.
    Heard arguments of Adv. for plaintiff.
    Matter is adjd for Ex-parte Judgment to 15.01.2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Plaintiff and defendant absent.
    Adv. K.S. Tripathi for the plaintiff present.
    Matter is adjd for Order to 20.01.2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Adv Tripathi for plaintiff present.
    FRSR following order is passed
    ORDER
    1.The defendants shall pay Rs.2,99,999/- (Rs. Two Lakhs Ninety Thousand Nine Hundred Ninety Nine only) to the plaintiff, with interest at the rate of 18 per cent per annum on the principal sum of Rs. 2,17,770/- from the date of filing of the suit till its realization.
    2.The defendants do pay costs of the suit to the plaintiff.
    3.Court fee, if any, be refunded as per the rules.
    4.Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 20-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 110746/2019
    Filing Date: 03-10-2019
    First Hearing Date: 03rd January 2020
    Decision Date: 20th January 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Jan 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010100942019 Filed on :03.10.2019 Registered On :22.10.2019 Decided on :20.01.2022 Duration : Y-02/M-03/D-19 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 1030 OF 2019 CNR NO.- MHCC01-010094-2019 Exhibit- 08 Jyotiram Hiraj Patel son of Hiraji L Patel, aged about 41 years, Occupation: Business, carrying on business under name and style of “ Montex Metals” at 99/100 Pansare Building, 4th Kumbharwada, Mumbai- 400 004.(Maharashtra ) Mobile No. 09869536183 Telephone No. (022) 66394022…

    Read Full Order

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