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SUMMARY CIVIL SUIT - SUMMARY SUIT

Premchandra GulabchandjiVsVishnu S. Prasad +1 more

CNR MHCC01011921201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 05th May 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101202/2019
Registration Date
03 Dec 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: 06-02-2020
    Business: Adv. Ramesh Jain for plaintiff present.
    Adv. for plaintiff filed an application for extension of time to serve writ of summons upon defendant. O- Time extended to serve th defendant. As time is extended the office of sheriff to comply.
    Adjd for report to 23/04/2020.
    Next Purpose: REPORT
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Ramesh Jain for plaintiff present.   None for defendant.
    Today matter is for report.
    Ex.02   Service affidavit filed by adv for plaintiff t.o.r. O- Seen.
    Ld Adv for plaintiff submits that as per Bailiff report defendant no.1 and 2 accepted service but they refused to signed acknowledgement. Therefore, it is valid service of writ of summons. Hence, matter be posted for hearing on the point of service of writ of summons.
    Matter adjd for hearing on the point of service of writ of summons to 11-03-2021.
    Next Purpose: HEARING
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv.Ramesh Jain for plaintiff present.
    None present for the deft.
    Ld Advocate for the plaintiff seeks time for hearing. Time is granted till next date.
    Matter adjd for hearing on 8.04.2021
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None present.
    Matter adjd for hearing to 07-07-2021.
    Next Purpose: HEARING
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: P.O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Heard Ld. Adv. For plaintiff on the point of service affidavit.
    Matter adjd for ex-parte order to 22.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Order below Ex. 1 -The defendants were duly served as per Ex. 2, but they failed to appear.  Hence to proceed exparte against them.
    Matter adjd for exparte evidence to 16.12.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: PO is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: P. O. is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Exh.03 - Claim affidavit. O-read and recorded.
    Exh.04 - List of documents. O-be filed.
    Heard Ld. Adv. for plaintiff on admissibility of documents.
    Order on Admissibility of documents
    Exh.05 - Promissory note dt.29.12.2018
    Exh.06 - Legal Notice dt.07.05.2019.
    Article A - Photocopy of Money lending licence.
    Article B - Photocopy of form No.8.
    Article C - Photocopy of books  of account.
    Exh. 07 -  Evidence closing pursis. O-seen.
    Matter Adjd for ex-parte argument on 05/04/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Heard Final argument of plaintiff.
    Matter Adjd for ex-parte judgement on 05/05/2022.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: Adv. Vaishali Chavan for plaintiff present.
    None present for defendant.
    F.R.S.R. following order in Summary Suit No.1202 of 2019 is passed-
    ORDER
    1. The Summary Suit no. 1202 of 2019 is decreed with costs.
    2. Defendant Nos.1 and 2 shall jointly and severally pay amount of Rs.2,22,273.97/- (Rupees Two Lacs Twenty Two Thousand Two Hundred Seventy Three and Ninety Seven Paise Only) to the plaintiff along with interest at the rate of 9 percent per annum on the principal amount of Rs.2,00,000/-(Rupees Two Lacs only) from the date of filing suit till its actual realization.
    3. Decree be drawn up accordingly.
    4. Court fee if any be refunded as per rules to the plaintiff.
    5. Judgment is dictated and pronounced in open court.
    R and P be sent to Record Department.
    Nature Of Disposal: DECREED
    Disposal Date: 05-05-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112687/2019
    Filing Date: 21-11-2019
    First Hearing Date: 06th February 2020
    Decision Date: 05th May 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 May 2022

    Order Details: Ex-parte Judgement Pdf Text: MHCC010119212019 Presented on 21-11-2019 Registered on 03-12-2019 Decided on 05-05-2022 Duration Yrs. M. Days 02 05 14 CNR No. MHCC010119212019 EXH.08 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO.1202 OF 2019 PREMCHAND GULABCHANDJI Age 77 years 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. 1. VISHNU S. PRASAD age not known, of…

    Read Full Order

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