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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mahendra Ramchandji JainVsAnuradha A. Jadhav

CNR MHCC01010928201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 16th February 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101070/2019
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: Nobody present.
    Adjd for report to 04/04/2020.
    Next Purpose: REPORT
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: National lockdown
    Next Purpose: REPORT
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Business: Nobody present.
    Adjd for report to 23/03/2021
    Next Purpose: REPORT
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Ex.02   Ld adv for plaintiff filed affidavit of service t.o.r. O- Seen.
    Perused affidavit of service Ex.02. Bailiff report is filed with the affidavit of service. It is mentioned therein that on 08-01-2020 defendant accepted writ of summons and signed as an acknowledgement of service of writ of summons on original writ of summons.
    Perused Order 37 Rule 3 Sub Rule 1 of CPC. As per the said provision the defendant may at any time within 10 days of service enters an appearance either in person or by leader and, in either case, he shall file in court an address for service of notices on him.
    Defendant inspite of service of writ of summons as per service affidavit, Ex.02 did not remain present within 10 days from the date of service of writ of summons. Hence, suit be proceeded exparte against defendant.
    Ex.03   Ld adv for plaintiff filed non appearance t.o.r. O- Seen.
    Ex.04   Ld adv for plaintiff filed claim affidavit t.o.r. O- Seen.
    Ex.05   Ld Adv for plaintiff filed list of documents t.o.r. O- Seen.
    Ex.06   Original cheque dated 04-05-2019 of Rs.50,000/-
    Ex.07   Plaintiff\''s advocate letter dated 04-06-2019.
    Matter adjd for exparte argument to 15-04-2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: None present.
    Matter adjd for Argument to 09.12.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant .
    Argument heard.
    Matter Adjd for exparte judgment to 11.01.2022.
    Judge
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: P. O. is on leave.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.1070 of 2019 is passed-
    ORDER
    1. The Summary suit no. 1070 of 2019 is decreed with costs.
    2. Defendant shall pay amount of Rupees 53,180.82/-(Rupees Fifty Three Thousand One Hundred Eighty and Eighty Two Paise Only)  to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.50,000/-(Rupees Fifty Thousand Only) from the date of filing suit till its actual realisation.
    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: 16-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111751/2019
    Filing Date: 24-10-2019
    First Hearing Date: 13th January 2020
    Decision Date: 16th February 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Feb 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010109282019 Presented on 24-10-2019 Registered on 08-11-2019 Decided on 16-02-2022 Duration Years Months Days 02 03 23 CNR No. MHCC010109282019 EXH.08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 1070 OF 2019 MAHENDRA PREMCHANDJI JAIN Age 57 years of Mumbai, an adult Indian inhabitant, residing at 46, Modi Street, Ground Floor, Fort, Mumbai – 400 001. ...Plaintiff. V/s. ANURADHA A. JADHAV Age not known of Mumbai an adult Indian inhabitant Working…

    Read Full Order

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