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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/S. Otarmal Kantilal And Co. - Mr. Parasmal Otarmal JainVsYashwant Ramchandra Jadhav +1 more

CNR MHCC01011916201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 18th August 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100087/2021
Registration Date
03 Feb 2021

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37

    Case History / Proceedings

    Case History
    Date: 31-03-2021
    Business: None present.
    Matter adjd for affidavit of service on 06.05.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 17.08.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Dileep Satale for the plff present.
    Adv. For the plff filed application for issuance of fresh summons. t.o.r.
    Order- issue summons as prayed.
    Matter is adjd to 16.09.2021  for report.
    Next Purpose: REPORT
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for Report to 16.03.2022
    Next Purpose: REPORT
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: None for Plaintiff.
    	Record reveals that Plaintiff has yet not served the Defendant inspite of permission granted by this court for re-issuance of summons against the Defendant No. 1 as per Order dated 17/08/2021.
    	Matter adj. to 27/06/2022 for Steps/Service Report.
    Next Purpose: REPORT
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Mr. Dilip Satle for Plaintiff present.
    Plaint – Exh. 1
    Vakalatnama – Exh. 2
    Memorandum of Address – Exh. 3
    List of Documents – Exh. 4
    Application for issuance of fresh summons against Def No. 1.
    O :- Issue fresh Writ of Summons to Defendant No. 1 through Speed Post the address mentioned in the application.
    Matter adjourned to 25/08/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: As a Court time is over, hence first sessions (Morning) board is discharged.
    Matter adjourned to 17/11/2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: Adv.Dileep Satale for plaintiff present.   He seeks short time to file affidavit of service. Time granted.
    Matter is adj to 20/01/2023 for affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Adv.Dileep Satale for plaintiff present.   He filed service affidavit (Exh--)
    Matter is adj to 30/03/2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    Plaintiff has already filed affidavit of service on last date (Exh-6).
    From the affidavit it transpires that defendant No.1 is served only with the writ of summons on 30/08/2022 through Speed Post. Despite service defendant No.1 failed to cause appearance.  Hence, suit to proceed ex-parte against defendant No.1.
    There is nothing on record to reveal service of writ of summons on defendant No.2.  Therefore, plaintiff to take steps against defendant No.2.
    Matter is adj to 23/06/2023 for taking steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Udit Raghuwanshi for plaintiff is present.
    Defendant No.2 is not yet served with the writ of summons. The plaintiff is not taking steps for serving the writ of summons, but counsel for the plaintiff submits that he will take the instructions from his client for taking further steps as against defendant no.2 and prayed for adjournment. When the plaintiff can very well take the steps today itself, but praying for adjournment, adjournment is granted, subject to costs of Rs.1,000/- payable to DLSA.
    Matter is adj to 11.01.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Udit Raghuwanshi i/b Adv. Divya Jain  for plaintiff is present and filed pursis about depositing the amount of Rs.1,000/- along with original receipt. Taken on record. It is marked as Exh-7.
    Counsel for plaintiff also filed an application for withdrawal of suit against defendant No.2. Taken on record. It is marked as Exh-8. The Ld. counsel for the plaintiff orally submitted that address could not be found. Therefore, he want to delete the name of the defendant No.2 and withdraw the suit against him. Hence, application (Exh-8) is allowed. The suit against defendant No.2 stands disposed of as  withdrawn unconditionally.
    Matter is adj to 15.03.2024 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff is absent.
    Adv. Udit Raghuwanshi i/b Adv. Divya Jain for plaintiff is present and filed Evidence affidavit and list of documents along with documents. Taken on record. They are marked as Exh-9 and 10   respectively.
    Matter is adj to 23.04.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Udit Raghuwanshi i/b Divya Jain for plaintiff is present  and requested for adjournment. Adjournment is granted.
    Matter is adj to  21/06/2024  for Admission Denial
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Divya Jain for plaintiff is present and requested for adjournment. Adjournment is granted.
    The defendant and his counsel are absent.
    Matter is adj to 09.08.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 09-08-2024
    
    Date: 09-08-2024
    
    Date: 30-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 12.11.2024 for hearing on admission and denial of documents.
    Later on at 1.31 pm
    Adv. Udit Raghuwanshi for plaintiff is present through Video conferencing.
    Matter is adj to 12.11.2024 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 12-11-2024
    
    Date: 12-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff is absent.
    Adv. Udit Raghuwanshi for plaintiff is present and requested for adjournment. Adjournment is granted and directed to keep plaintiff present on next dated.
    Matter is adj to 18.12.2024 for hearing on exhibiting documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: Adv. for plaintiff is present.
    Heard counsel for plaintiff on exhibiting the documents
    Matter is adj to 29/01/2025 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Udit Raghuwanshi for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 21.02.2025 for hearing on admission and denial of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 21-02-2025
    
    Date: 21-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Parasmal Otarmal Jain, age-71 years, Business, Girgaon, Mumbai Plaintiff is present and admitted contents in affidavit of evidence as true and correct and identified his signature.
    Adv. Arushi Gandhi for plaintiff is present.
    Heard counsel for plaintiff on exhibiting documents.
    Matter is adj to 26.03.2025 for marking of documents.
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 26-03-2025
    
    Date: 26-03-2025
    Business: The plaintiff and his advocate are absent.
    Keep back for marking of documents.
    Matter is adj to 29.04.2025 for
    Next Purpose: ADMISSION  DENIAL
    Next Hearing Date: 29-04-2025
    
    Date: 29-04-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Arushi Gandhi i/b Adv. Divya Jain for plaintiff is present and filed evidence close pursis. TOR and marked as Exh-15.
    Matter is adj to 20.06.2025 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-06-2025
    
    Date: 20-06-2025
    Business: P.O.is on Half (Morning) day Leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-07-2025
    
    Date: 16-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 01.08.2025 for ex-parte argument.
    Later on at 12.32 pm
    Adv. Arushi Gandhi h/f Adv. Divya Jain for plaintiff is present.
    Matter is adj to 01.08.2025 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-08-2025
    
    Date: 01-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Udit Raghuwanshi i/b Adv. Divya Jain for plaintiff is present.
    Heard ex-parte argument of counsel for plaintiff.
    Matter is adj to 18.08.2025 for further argument/ex-parte judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 18-08-2025
    
    Date: 18-08-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Ex-parte judgment is marked as Exh-16.
    FRSR following order is passed
    Order
    1)Summary Suit No. 87 of 2021 is hereby decreed with the costs.
    2)Defendant No. 1 shall pay an amount of  Rs. 1,52,027/- (Rupees One Lakh Fifty Two Thousand and Twenty Seven only) to the plaintiff.
    3)Defendant No. 1 shall pay to the plaintiff simple interest on Rs. 1,00,000/- at the rate of 7 percent p.a. from 21/11/2019, the date of filing of suit till its full realization.
    4)The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
    5)The decree be drawn up accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 18-08-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 112718/2019
    Filing Date: 21-11-2019
    First Hearing Date: 31st March 2021
    Decision Date: 18th August 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Aug 2025

    Order Details: Ex-parte Judgement Pdf Text: MHCC010119162019 Presented on 21/11/2019 Registered on 03/02/2021 Decided on 18/08/2025 Duration 05Y: 08M: 27D Exhibit 16 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY SUIT NO. 87 OF 2021 M/S. Otarmal Kantilal And Co. ] A registered Partnership Firm carrying on ] busines at Shop No.8, Kalyan Building No.2, ] Sadashiv Cross Lane, Kandewadi, ] Bombay - 400 004. ] Through its Partner Mr. Parasmal Otarmal Jain, ] Aged about 64 years. ]...Plaintiff…

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