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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mahendra Murlidhar DesaiVsPradeep Pandharinath Suryawanshi

CNR MHCC01010926201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 08th December 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101069/2019
Registration Date
08 Nov 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: 13-01-2020
    Business: Adv. Ramesh Jain for plaintiff.
    On oral request adjd to 23.03.2020 for service report.
    Next Purpose: REPORT
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Next Purpose: REPORT
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: None present
    Adjd to 03-03-2021
    Next Purpose: REPORT
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv. Ramesh jain for plaintiff
    Adjd to 23-07-2021
    Next Purpose: REPORT
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: None present for both parties.
    KB
    LO
    None present.
    Matter is adjd to 04.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: None present for both parties.
    KB
    LO
    Adv Ramesh Jain present for the plaintiff.
    None present for the defendant.
    Matter is adjd to 04.12.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: P. O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv. Ramesh Jain for plff. present.
    None present for deft.
    Requested date.
    Matter is adjd. for Service to 07-04-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: Advocate Mr. Ramesh Jain for plaintiff.
    None for defendant.
    Matter is adjd. for service to 11-07-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Adv. Ramesh Jain for Plaintiff present.
    Adjd to 10/08/2022 for service.
                                                                                          Judge
    Next Purpose: SERVICE
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: As court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Adv.Ramesh Jain present for plaintiff, tendered service affidavit TOR marked as Exh.5.
    None present for defendant.
    As per the report Exh.5 summons served to the defendant through his wife, but he failed to appear, hence, proceed ex-parte.
    Plaintiffs Advocate tendered claim affidavit TOR marked as Exh.6.
    He also tendered list of document TOR marked as Exh.7.
    Matter stands adjourned for ex-parte evidence on 05-08-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: None present.
    KB.
    L.O. at 4.00 pm.
    Adv. Ramesh Jain present for plaintiff.
    Matter stands adjourned for Ex-pare evidence on 03-10-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: None present.
    KB.
    L.O. at 3.20 pm.
    None present.
    Matter stands adjourned Ex-parte evidence on 20-11-2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: Adv.Ramesh Jain present for plaintiff.
    None present for defendant.
    The following documents are exhibited as under Exh.7.
    The Document at Sr.No.1 is the promissory Note dated 07th April, 2019 being Exhibit A to the Plaint TOR marked as Exh.8.
    The Document at Sr.No. 2. Plaintiffs Advocates letter dated 24th September 2019 being Exhibit B to the plaint alongwith the postal records in connection with the transmission and delivery thereof TOR marked as Exh.9.
    Article-A-Money Lender Licence.
    Article-B-Forms under Bombay Money Lending Act.
    Article-C-Books of Accounts.
    He also tendered evidence closing pursis TOR marked as Exh.10.
    Heard.
    Matter stands adjourned for final argument on 08-12-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-12-2023
    
    Date: 08-12-2023
    Business: Adv. Ramesh Jain present for plaintiff.
    None present for defendant.
    Heard.
    KB.
    Judgment Exh.11.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.1069/2019, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.2,00,000/- alongwith interest at the rate of 9 percent per annum, from the date of default i.e. notice issued by the advocate of plaintiff on 24/09/2019, till its full realisation from the defendant.
    3.Court fees, if any, be refunded as per rule.
    4.Decree be drawn up accordingly.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 08-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111752/2019
    Filing Date: 24-10-2019
    First Hearing Date: 13th January 2020
    Decision Date: 08th December 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    08 Dec 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.1069/2019 MHCC010109262019 Presented on : 24/10/2019 Registered on : 08/11/2019 Decided on : 08/12/2023 Duration : 04Y 01M 16D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.11 SUMMARY CIVIL SUIT NO.1069 OF 2019 MAHENDRA MURLIDHAR DESAI of Mumbai, an adult, Indian Inhabitant, having his address at Sainath Chawl, Takiya Ward, P. B. Desai, Building No. 50, Kurla (W), Mumbai - 400 070. ] ] ] ] ]…

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