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SUMMARY CIVIL SUIT - SUMMARY SUIT

Falco Auto CorporationVsMayyakka Auto +1 more

CNR MHCC01010941201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 24th January 2024

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
101148/2018
Registration Date
08 Oct 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 07-12-2018
    Business: Adv. Ashmir for Plaintiff present.
    None  for Defendant
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 12/02/2019 for Service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-02-2019
    
    Date: 12-02-2019
    Business: Adv. Asnil for Plaintiff present.
    None for Defendant
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for plaintiff has filed service affidavit, TOR.
    Matter is adjd. to 20/03/2019  for Exparte order.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Adv for plaintiff Mr. Kadam present.
    Matter is Adjd for Affidavit of Service to 30/04/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Business: Adv for plaintiff Ms.Asnin present
    Affidavit of Services shows that postal acknowledgement regarding deft no. 1 is produced.
    O-It appears defendant No.1 fail to appear in the suit. Therefore, suit has proceeded exparte against deft no.1
    Matter is Adjd for Affidavit of Service regarding deft no.1 to 07/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: P.O is on training.
    Adjd to 23/10/19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. Ashmin for plaintiff present.
    Adjd. for affidavit of service to 23.01.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Adv. Ashnil for plaintiff filed
    Exh.6- Affidavit of service.
    The affidavit of service alongwith the Original complaint settled reply shows that the summons has been served to the defendant No.2 on 07.12.2018. However, the defendant No.2 failed to appear. Hence, suit to proceed Ex-parte against the defendant No.2.
    Suit has by order dtd.30.04.2019 as noted in the roznama proceeded ex-parte against defendant No.1. Thus, the suit be now posted for Ex-parte Evidence.
    Adjd for Ex-parte evidence to 02.04.2020
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: None present.
    Adjd to 22-02-2021
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: PO is on special leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Representative of  plaintiff present. Advocate of plaintiff absent.
    None for defendants.
    L.O. 03.01 p.m.
    Representative of  plaintiff present and filed claim of affidavit t.o.r and marked as Exh.7 and list of document. t.o.r. and marked as Exh.8
    Matter is adjd. to 12/01/2022  for marking documents (Ex-parte evidence).
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: This suit is kept for evidence. considering S.O.P Dated 07-01-2022, order No. 07 of 2022 of Hon\''ble City Civil Court the all concern to attend proceeding through VC for Recording Evidence.
    Matter is adjd. to 23-03-2022  for EX- Parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None present.
    Matter is adjd. for filing ex-parte evidence to 20-07-2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: COURT IS VACANT
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: As court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Matter pertains to C.R.No.15
    Adv. Ashneer Saluja for plaintiff present.
    None present for defendant.
    PW1 is present.
    Heard learned advocate for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exhibit No.
    Serial No.
    Description of document
    09-Invoice
    10- Dishonoured cheque
    11-Legal Demand Notice
    12-Statement of Accounts
    Exh.13 - Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte argument on 02/03/2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: None present.
    KB
    L.O. at 3.15 pm
    None present.
    Matter stands adjourned for argument on 05-07-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: None present.
    KB
    L.O. at 5.10 p.m.
    None present.
    Matter stands adjourned to 26/07/2023 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: None present.
    KB.
    L.O. at 4.30 pm.
    None present.
    Matter stands adjourned for argument on 11-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: As P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: Adv.Ashneel Saluja present for plaintiff.
    None present for defendant.
    Heard.
    Matter stands adjourned for further argument on 02-11-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: None present.
    KB
    order
    L.O. at 12.45 pm.
    Adv. Chadda present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.1148 of 2018, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.19,000/- alongwith interest at the rate of 9 percent per annum from 31/01/2017, till its full realisation from the defendants.
    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: 24-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111868/2018
    Filing Date: 29-08-2018
    First Hearing Date: 07th December 2018
    Decision Date: 24th January 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    24 Jan 2024
    Order Details: Ex-parte Judgement
    Order 1
    24 Jan 2024
    Order Details: Ex-parte Judgement

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