Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Premchand GulabchandjiVsKalpana Jayesh Bhatty +1 more

CNR MHCC01011402201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 23rd August 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101136/2019
Registration Date
20 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 24-01-2020
    Business: Adv. Ramesh jain for plaintiff
    on the reqeust of plaintiff adjd to 15.02.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: None present
    Adjd for service to 18-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present.
    Adjd to 18-02-2021
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv. Ramesh jain for plaintiff.
    Adjd to 12-03-2021
    Next Purpose: SERVICE
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents.
    Exh. 05- He filed application service affidavit.
    None for defendant.
    Adjd to 24/06/2021 for hearing on affidavit of service of summons Exh.05 regarding whether it is proper service of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: None present for both parties.
    KB LO
    Adv. Mr. Ramesh Jain for plaintiff present.
    None for defendant.
    O- perused postal report.  It shows that the summons envelope was not claim by the defendant nos. 1 and 2 though intimation was posted.  Hence the unclaimed envelope needs to be considered as proper service.  Defendant failed to appear before the court.  Suit to proceed exparte against defendant.
    Matter is adjd to 27/11/2021 for exparte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: None present.
    KB.
    L.O. at 01.25 p.m.
    None present.
    Matter is adjd. to 11/01/2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: The suit is posted for argument, in view of SOP dated 07/01/2022, Order No.07/22. The  advocate of plaintiff to attend argument  through VC on next date or otherwise filed written notes of argument. Matter is adjd. to 08/02/2022 for Ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
    Matter is adjd. to  04-03-2022 for Hearing.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: PO is on Leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Advocate Mr. Ramesh Jain for plaintiff present.
    None for defendant.
    Heard argument of advocate for plaintiff.
    Matter is adjd. for Judgment to  29-04-2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: None present.
    KB
    None present.
    Due to paucity of time.
    Matter is adjd. for  Judgment to 09-06-2022.
    Next Purpose: JUDGMENT
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: None present.
    Matter is posted for judgment by my predecessor. Hence, put up for  argument before me.
    Adjd to 28/6/2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Both parties and their adv. absent.
    Adjd to 02/08/2022 for arguments.
    L.O. at. 12.35 p.m.
    Adv. Ramesh Jain for Plaintiff present and filed Claim Affidavit is t.o.r. and marked as Exh. 6. O :- Filed.
    List of documents @ Documents  is t.o.r. and marked as Exh. 7.
    Following documents are Exhibited as under :-
    Promissory Note dtd. 12Th June 2019 is t.o.r. and marke das Exh. 8.
    Adjd to 20/07/2022 for Ex-parte Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: COURT IS VACANT
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: As court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: As court is vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: None present.
    Matter stands adjourned for argument on  01-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None present.
    KB.
    L.O. at 3.30 pm.
    Adv. Ramesh Jain present for plaintiff.
    The list of  document exhibited already.
    The Document at Sr.No.3 -Article-A- Money Lender License
    The Document at Sr.No.4-Article-B-Forms under Bombay Money Lending Act.
    The Document at Sr.No.5-Article-C-Books of Accounts
    He tendered additional list of Document TOR marked as Exh.9.
    The Document at Sr.No.2 is the Plaintiffs Advocates letter dated 22nd August 2019 being Exhibit B TOR marked as Exh.10.
    Matter stands adjourned for hearing on Exhibiting of Documents
    on 18-08-2023.
    Next Purpose: HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: None present.
    KB.
    L.O. at 12.57 pm.
    Adv. Ramesh Jain present for plaintiff, tendered evidence closing pursis TOR marked as Exh.11.
    Matter stands adjourned for argument on  23-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None present.
    KB.
    L.O. at 4.15 pm.
    Adv. Ramesh Jain present plaintiff.
    Heard.
    KB.
    L.O. at 5.20 pm.
    Judgment Exh.12
    F.R.S.R. following order is passed-
    ORDER
    1.Summary Civil Suit No.1136/2019, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.1,50,000/- 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 10/07/2019, 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: 23-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 112043/2019
    Filing Date: 06-11-2019
    First Hearing Date: 24th January 2020
    Decision Date: 23rd August 2023
    Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Aug 2023

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.1136/2019 MHCC010114022019 Presented on : 06/11/2019 Registered on : 20/11/2019 Decided on : 23/08/2023 Duration : 03Y 09M 18D IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI EXHIBIT NO.12 SUMMARY CIVIL SUIT NO.1136 OF 2019 PREMCHAND GULABCHANDJI of Mumbai, an adult Indian Inhabitant, carrying on business of Money Lending at and from 46, Modi Street, Ground Floor, Fort, Mumbai – 400 001. ] ] ] ] ] ..PLAINTIFF V/s.…

    Read Full Order

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