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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Otarmal Kantilal and CoVsVitthal Jagannath Adagale +1 more

CNR MHCC01011910201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 01st October 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100013/2021
Registration Date
05 Jan 2021

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 02-03-2021
    Business: Both  parties and their advocates are absent.
    Matter is adjd to  05.05.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2021
    
    Date: 05-05-2021
    Business: Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 28.08.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPORT
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv Dilip Sathle for plaintiff present.
    None for defendant.
    Plaint Exh.1
    Vakalatnama Exh.2
    Memorandum of plaintiff\''s registered address Exh. 3
    List of document Exh.4
    Adv for plaintiff field affidavit of service. TOR Exh.5
    Adv for plaintiff filed affidavit of claim. TOR Exh.6
    Adv for plaintiff filed list of documents TOR Exh.7
    Document at serial no. 1 is Extract of the Registration of the plaintiff\''s firm with the registration of firm and it is marked as Exh.7/1
    Document at serial no. 2 is Bill of dated 22nd December 2016 and it is marked as Exh.7/2.
    Document at serial no. 3 is The plaintiff\''s advocates letter dated 25th June 2019 and it is marked as Exh.7/3
    Order defendant failed to appear inspite of due service of summons. Served on 10.03.2021. Hence, suit to  proceed ex-parte against defendant.
    Matter is adjd for  ex-parte argument to 14.01.2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Both parties and their adv. Absent.
    Matter is adjd for argument to 2/2/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for Plaintiff.
    None present for Defendant.
    Matter adj. to 18/02/2022 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: None present.
    Matter is adjd for argument on 22-04-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: CORAM : DR. SHRI. S. D. TAWSHIKAR (C.R. No.61)
    None for Plaintiff.
    None for Defendant.
    Exparte argument not advanced by the plaintiff.
    Matter adjourned to 14/07/2022 for ex-parte argument.
                                                                                          Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 10.08.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: P.O. IS ON LEAVE
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: As Court busy in arguments in Summons for Judgment No.38 of 2017 and dictating judgment in Sessions Case No.1865 of 2019, hence, board is discharged.
    Matter adjourned to 19.09.2022 for ex-parte arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Dileep Satale for plaintiff present.
    Adv. for plaintiff seeks time.
    Matter adjd. to 01.10.2022 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: Adv.Dilip Satale for plaintiff present.
    Suit is already proceeded ex-parte against defendants.
    Heard Ld.Adv.for plaintiff.
    F.R.S.R following order is passed.
    ORDER
    1)Summary Suit No. 13 of 2021 is hereby partly decreed with costs.
    2)Defendants jointly and severally do pay an amount of Rs.40,000/-(Rupees Forty Thousands Only) to the plaintiff along with interest at the rate of 09 percent per annum from the date of filing of suit i.e. 21/11/2019 till its realization.
    3) Court fees be refunded to the plaintiff as per rules.
    4)Decree be drawn up accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 01-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112714/2019
    Filing Date: 21-11-2019
    First Hearing Date: 02nd March 2021
    Decision Date: 01st October 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Oct 2022

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010119102019 Presented on : 21.11.2019 Registered on : 05.01.2021 Decided on : 01.10.2022 Duration : 2Y,10M,10D EXHIBIT8 IN THE COURT OF CITY CIVIL COURT AT GREATER BOMBAY SUMMARY SUIT NO. 13 OF 2021 M/S OTARMAL KANTILAL & CO. A Registered Partnership Firm carrying on business at Shop No.8, Kalyan Building No.2, Sadashiv Cross Lane, Kandewadi, Bombay400 004 through its Partner Mr.Parasmal Otarmal Jain, Aged about 64 Years. ...Plaintiff Versus 1. VITTHAL JAGANNATH ADAGALE…

    Read Full Order

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