Skip to main content
Commercial Suit

Mr. Ashok Vaktawarmal JainVsAtul Deepak Pednekar

CNR MHCC01010464201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 08th September 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100198/2019
Registration Date
22 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

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

Case History / Proceedings

Case History
Date: 02-01-2020
Business: HOB
Adv. Rahul Raut for plaintiff present.
Adv. for plaintiff prayed for extension of time for service of Writ of summons upon defendant.
O- Time is extended.
Matter is adjourned for service report to 16.01.2020
Next Purpose: SERVICE
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Rahul Raut for plaintiff present.
He sought time to file affidavit of service.
O- Time is granted.
Adjourned to 30.01.2020 for service report.
Next Purpose: SERVICE
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: None present.
KB
LO
Service report is awaited.
Affidavit of service not filed.
Adjourned as last chance for service report to 7.02.2020
Next Purpose: SERVICE
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Business: Adv Ritika Kothari for plff present.
Exh 02 - She filed writ of summons on deft. t.o.r. Summons is not served on deft.
Adv for plff seeks to serve writ of summons on deft.
Matter stands Adj for writ of summons to 21/02/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Adv Avinash Ovhal for plff present.
He seeks time to serve writ of summons on deft.  Granted.
Matter stands Adj for writ of summons to 06/03/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Plff absent.
Adv Kritika Kothari for plff present.
She seeks time for service of writ of summons on deft.  Granted.
Matter stands Adj for writ of summons to 03/04/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 14-07-2020

Date: 14-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-07-2020

Date: 20-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Hon\\\''ble High Court, Bombay, the Hon\\\''ble I/c. Principal Judge has been pleased to declare holiday on 23.09.2020.
Hence, matter adjd to 09.10.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  26/11/ 2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 19.12.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
Matter adjd to 16/01/2021 for w/summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 16.02.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv.Rahul Raut i/b.N.N. Vaishnava and Co. for plaintiff present.
None present for defendant.
Matter adjd to 15.03.2021 for Writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Adv.Rahul Raut for plaintiff present.
None present for defendant.
Steps not taken. Adjourned for order against plaintiff.
Matter adjd to 01.04.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: None Present.
Matter adjd  to 7/04/2021  for  order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: Adv. Amar Gharte for plaintiff present.
None present for defendant.
Ld. Adv. for plaintiff seeks time for argument.  Time granted.
Matter adjd to 22.04.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 04.05.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-05-2021

Date: 04-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.06.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 28/06/2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 13.07.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: HHJ is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-07-2021

Date: 19-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter adjd to 20.08.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: ORDER
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv.Rahul Raut h/f.Adv.Amar Gharte for plaintiff present.
None present for defendant.
The plaintiff filed application, Exh.3 for issuance of fresh writ of summons t.o.r. O-Allowed to serve fresh writ of summons as prayed.
Matter adjd to 04.10.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2021

Date: 04-10-2021
Business: Adv. Sujith Suresh h/f Adv. Amar Gharte present for plaintiff.
None present for defendant.
Plaintiff requested for time to take steps for service of suit summons.
O - Time granted.
Matter adjd to 10-11-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Adv.Kirtika Kothari for plaintiff present.
None present for defendant.
Plaintiff submits that summons report is awaiting. Hence, adjd for filing service affidavit on 10.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Adv.Sujith Suresh h/f.Adv.Amar Gharte for plaintiff present.
None present for defendant.
Affidavit of service, Exh.4 a/w. summons and acknowledgment card.
ORDER BELOW EXH.1
         Read the service affidavit, Exh.4. The defendant is duly served with the suit summons. He failed to appear. Hence, suit to proceed ex-parte against the defendant.
Matter adjd to 14.01.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None present for Plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv.Amar Gharte for plaintiff present.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.03.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv.Kirtika Kothari for plaintiff present.
None present for defendant.
KB for filing evidence.
LO at 12.48 pm,
Adv.Kirtika Kothari for plaintiff present. She filed affidavit of evidence of Mr.Ashok Jain (PW-1) a/w. compilation of documents t.o.r. and marked as Exh.5 and Exh.6 respectively.
Witness is absent. Keep for verification on 04.04.2022.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: Adv.Kirtika Kothare for plaintiff present.
None present for defendant.
On oral request adjd to 21.04.2022 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Adv.Sujit Suresh h/f.Adv.Amar Ashok Gharte for plaintiff present.
None present for defendant.
KB
LO at 01.05 pm,
Adv.Sujit Suresh h/f.Adv.Amar Ashok Gharte for plaintiff present. He orally requested for time. Time granted.
Matter adjd to 13.06.2022 for keep for verification of evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: None present for both parties.
K.B. L.O. at 1.20 p.m.
Plff present with his Adv Sujith Suresh h/f Adv Gharat for plff present.
None present for deft.
PW-1 resumed on oath in Hindi language Exh.5.
Matter adjd to 14.07.2022 for exhibiting documents.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: Adv. Sujeet Suresh h/f Adv. Amar Ashok Gharte for plaintiff present.
Documents referred in chief examination of PW-1 and filed with list Exh.6 are marked as under.
Exh.6 Bill of exchange dt. 28.04.2016.
Exh.7 Bill of exchange dt. 26.05.2016.
Case is proceeded ex-party and hence no cross examination on behalf of defendant.
Case adjd for further evidence of plaintiff to 30.07.2022.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Adv. Sujith Suresh h/f Adv. Amar Ashok Gharatel Present for Plff.
None Present for Deft.
Ex.08 - adv of plff has filed evidence closure pursis. t.o.r.
Adj. For Argument on 25/08/2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: Adv. Sujith Suresh I/b Amakr Ashok Gharte for plaintiff is present and heard his argument.
KB
Case adj for Judgement to 08/09/2022.
Next Purpose: JUDGMENT
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Adv. Sujith Suresh Present for Plff.
None Present for Deft.
F.R.S.R. Following order passed.
1. Suit is decreed with costs.
2. The defendant is directed to pay to plaintiff the amount of Rs.9,67,725/-.
3. Defendant is directed to pay interest @ 18% p.a. on principal sum of Rs.6,00,000/- to plaintiff from the date of suit till realization of the said amount.
4. Decree be drawn up accordingly.
Nature Of Disposal: DECREED
Disposal Date: 08-09-2022

Additional Case Details

Additional Case Details
Filing Number: 111255/2019
Filing Date: 15-10-2019
First Hearing Date: 02nd January 2020
Decision Date: 08th September 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
08 Sept 2022

Order Details: Copy of Judgment Pdf Text: 1 Comm. Suit No.1982019 MHCC010104642019 Presented on : 15/10/2019 Registered on : 22/11/2019 Decided on : 08/09/2022 Duration : 02Y/09M/17D IN THE CITY CIVIL COURT AT MUMBAI. COMMERCIAL SUIT No.198 OF 2019 Ashok Vaktawarmal Jain Age39 years, businessman, R/o. Room No.10, Luis Peter Wadi, V.S. Marg, Prabhadevi, Mumbai 400 025 ...PLAINTIFF VERSUS Atul Deepak Pednekar AgeAdult, OccNot known, residing at Flat No.4011, Bldg. No.9, Prabhadevi Gruha Nirman Sanstha CHS Mumbai400 025 ...DEFENDANT Shri.…

Read Full Order

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.