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SUMMARY CIVIL SUIT - SUMMARY SUIT

AGT Foods India Pvt. Ltd.VsSushilkumar Vasantlal

CNR MHCC01010948201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 07th February 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101090/2019
Registration Date
08 Nov 2019

Advocates

1

For Petitioner

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: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: P.O. is on Leave.
    Next Purpose: REPORT
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: REPORT
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 08.01.2021.
    Next Purpose: REPORT
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Both the parties and adv. are absent.
    Adjd for directions on 15.04.2021.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: As per Office Order No. 79/21, holiday is declared on 15/04/2021. Hence, adjd to 28/07/2021
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 17.09.2021 for directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Court is vacant
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: CORAM - H.H.J. SMT V.C. PATIL (C.R.NO. 15)
    Matter Pertains to CR No. 61
    Adv. Leena Spara for pltff present.
    The Adv for pltff filed application with request to issue summons. O- Allowed.
    Issue summons as prayed.
    Matter is adjd to 08/02/2022 for Issuance of Summons.
    Next Purpose: REPORT
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. to 21/04/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: CORAM  H. H. J. SMT. C. V. PATIL  (C.R. No.15)
    Matter pertaining to CR. No. 61(Regular Board)
    Adovacate Mrs. Sapra for plaintiff present.
    None for defendant.
    She filed application for fresh writ of summons.O-Allowed.
    Matter is adjd. for service report to 29-07-2022.
    Next Purpose: REPORT
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. Leena Sapra for Plaintiff present.
    None for Defendant.
    Advocate for plaintiff filed service affidavit (Exh.02).  The writ of summons sent by Speed-Post has returned unserved with the endorsement \''refused\''.  Refusal amounts to good service.  The date of refusal is 07.05.2022.  In spite of the same, defendant failed to appear.  Hence, suit to proceed ex-parte.
    Matter adjourned to 21.11.2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv.Leena Sapra for plaintiff present.   She filed affidavit of evidence (Exh-3) along with list of document (Exh-4)
    Following documents are marked exhibit as under.
    True extract of Board Resolution dated 11.10.2022. (Exh-5)
    Sale Contract dated 06.08.2018. (Exh-6)
    Bill of Supply dated 10.08.2018. (Exh-7)
    Two Delivery order dated 09.08.2018 (Exh-8)
    Credit Note dated 23.11.2018. (Exh-9)
    Office copy of Notice dated 23.05.2019, speed post booking receipt and online net tracking report. (Exh-10)
    Matter is adj to 07/02/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Adv.Leena Sapra for plaintiff present.
    None for defendant (Exparte).
    Heard Ld.Adv.for plaintiff.
    F.R.S.R following order is passed.
    ORDER
    1. Summary Suit No. 1090 of 2019 is partly decreed with costs.
    2.Defendant shall pay an amount of Rs.1,07,915/- (Rupees One Lakh Seven Thousand Nine Hundred Fifteen only)  to the plaintiff along with interest at the rate of  12 percent p.a. from the date of filing of the suit i.e.23-10-2019 till realization of entire amount.
    3.Court fees be refunded to the plaintiff, as per rules.
    4.Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 07-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111703/2019
    Filing Date: 23-10-2019
    First Hearing Date: 13th January 2020
    Decision Date: 07th February 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Feb 2023

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010109482019 Presented on 23-10-2019 Registered on 08-11-2019 Decided on 07-02-2023 Duration Yrs. M. Days 03 03 15 EXHIBIT-12 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 1090 OF 2019 AGT Foods India Private Limited, a Company registered under the Companies Act, 1956, having its office at FILIX Building, 401 D, L.B.S.Road, Bhandup (West), Mumbai-400078. through its authorized officer Ms. Kinjal Shah, Aged 23 years. ...Plaintiff Versus Sushilkumar…

    Read Full Order

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