TrustJury record updated 23 Sept 2026
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Date: 02-03-2020
Business: Plaintiff and advocate are absent.
Defendant absent.
Adv. Gala for deft. no.3 Present.
Matter is adjd to 13.04.2020 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: Due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2020
Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 15.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2021
Date: 15-03-2021
Business: P.O. IS ON LEAVE
Matter is adjd to 17.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2021
Date: 17-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, adjd to 08/07/2021 for taking steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-07-2021
Date: 08-07-2021
Business: Adv. Adnan Motiwala for plaintiff present.
None present for defendant.
Due to rise in Covid cases, Adjd to 27.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Adv. Tanvi Parmar for plaintiff present.
Adv. Mamta Harvani for deft. no.3 present.
In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
The matter is adjd to 09.08.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: Adv. Parmar for plaintiff present.
Adv. Gala for deft. no.3 present.
On oral request of Adv. For plaintiff, the matter is adjd for taking steps to 02.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-09-2021
Date: 02-09-2021
Business: Adv. Sharan Shetty for plaintiff present.
Adv. Gala for deft. no.3 present.
Adv. For plaintiff sought adjournment for taking steps. Adjournment is granted as a last chance.
The matter is adjd for taking steps to 23.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Miloni Gala for deft. no.3 present.
K.B.
L.O. at 03.30 pm.
Adv. Aditi Motwani for plaintiff present.
Exh.6 - Adv. For plaintiff filed application for substituted service of summons.
Previous report/service affidavit regarding service of writ of summons are not on record. Plaintiff is directed to file the previous service affidavits.
The matter is adjd for compliance to 14.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Miloni Gala along with Adv. Mayur Rita i/b. Adv. Dhiren H. Shah for deft. no.3 present.
Exh.7 - Adv. For plaintiff tendered service affidavit. T.O.R.
As per service affidavit (Exh.7), deft. no.1 is duly served with writ of summons. But, failed to tender his appearance. Therefore, suit to proceed without appearance of deft. no.1.
ORDER BELOW EXH.6
Perused the service affidavit (Exh.7). Issue fresh writ of summons to deft. no.2 as per Order 37 of C.P.C. on the given address by R.P.A.D.
The matter is adjd for filing service affidavit to 23.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Miloni Gala for deft. no.3 present.
Exh.8 - Adv. For plaintiff filed affidavit of service. T.O.R.
Service not proper. Plaintiff is directed to take steps against deft. no.2.
The matter is adjd for taking steps to 14.12.2021.
L.O. at 12.25 pm.
Intern Niomi Parekh of Adv. of plaintiff present.
Exh.9 - Application for substituted service. T.O.R.
O. - Summons to deft. no.2 cannot be served on the address known to the plaintiff. Considering the service affidavits filed on record, there is reason to believe that defendant no.2 is keeping out of the way for the purpose of avoiding service. Therefore, summons to deft. no.2 be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant no.2 is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house.
The matter is already adjd to 14.12.2021 now for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Jayesh Gawand i/b. Adv. Dhiren Shah for deft. no.3 present.
Exh.10 and 11 - Adv. For plaintiff tendered service affidavits. T.O.R.
Deft. no.2 is deemed to be served with writ of summons as per service affidavit (Exh.10 and 11). But, failed to tender his appearance. Therefore, suit to proceed without appearance of deft. no.2.
The matter is adjd for applying summons for judgment to 21.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Miloni Gala for deft. no.3 present.
Adv. For plaintiff tendered draft S/J. Leave to register and serve S/J is granted.
Copy of draft S/J is served to Adv. For deft. no.3.
The matter is adjd for reply to S/J to 03.01.2022.
Next Purpose: REPLY
Next Hearing Date: 03-01-2022
Date: 03-01-2022
Business: Adv. Priya Rombade for plaintiff present.
Adv. Miloni Gala for deft. no.3 present.
Adv. For deft. no.3 submits that deft. no.3 Nilesh is diagnosed with Covid-19 virus. She sought time for filing reply to S/J. Adv. For plaintiff submits that deft. no.3 is making silly excuses for not filing leave to defend application within stipulated period.
Adv. For deft. no.3 has filed on record lab report to show that deft. no.3 Nilesh is diagnosed with Covid-19 virus. Therefore, it cannot be said that deft. no.3 is taking excuses for filing leave to defend application.
However, already stipulated period is over. Therefore, deft. no.3 is at liberty to file reply/leave to defend application by showing sufficient cause as per Order 37 Rule 3(7) of C.P.C.
The matter is adjd for hearing on S/J to 14.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Adv. Sampada Sukale for plaintiff present.
Adv. Jayesh Gawand for deft. no.3 present.
Adv. For plaintiff tendered registered S/J No.01/22. T.O.R.
Adv. For deft. no.3 filed reply affidavit to S/J No.01/22. T.O.R.
Copy of reply is served to Adv. For plaintiff.
The matter is adjd for hearing on S/J to 04.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: Adv. Jayesh Gawand i/b. Adv. Dhiren Shah for deft. No. 3 present.
K.B. - Later on at 2.30 p.m.
Adv. Aditi Motwani for plaintiff present.
Adv. Miloni Gala for deft. No. 3 present.
The matter is adjd for summons for judgment hearing to 10.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: Adv. Priya Rombade i/b. Devan Dwarkadas for plaintiff present.
Adv. Miloni Gala for deft. no.3 present.
Heard both sides on S/J no. 01/22.
Written arguments submitted by plaintiff. T.O.R.
Copy of the written arguments is served to advocate of deft. no.3.
The matter is adjd for order on S/J to 14.02.2022.
Next Purpose: ORDER
Next Hearing Date: 14-02-2022
Date: 14-02-2022
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Mayur Rita for deft. no.3 present.
F.R.S.R. following order is passed below S/J No.01/22 -
ORDER
1. The delay of defendant No.3 in applying for leave to defend the suit is excused as per Order 37 Rule 3 (7) of The Code of Civil Procedure.
2. Defendant No.3 shall deposit a sum of Rs.6,00,000/-(Rs.Six Lacs only) in Court within a period of 10 weeks from today. If this condition is compiled with, defendant No.3 is granted leave to defend the suit and he shall file Written Statement within a period of 6 weeks from the date of deposit.
3. If aforesaid condition of the deposit is not followed by defendant No.3 within stipulated time, plaintiff shall be at liberty to apply for ex-parte decree.
4. No order as to costs.
5. S/J No.01/2022 is disposed of accordingly.
The matter is adjd for compliance to 04.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: None for plaintiff.
Adv. Miloni Gala for deft. no.3 present.
The matter is adjd for compliance to 25.04.2022.
L.O. at 11.45 am.
Adv. Aditi Motwani for plaintiff present.
The matter is already adjd for compliance to 25.04.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Business: Adv. Sampada Sukale for plaintiff present.
Adv. Mamta Harwani for deft. no.3 present.
Exh.12 - Adv. For plaintiff filed application to proceed the matter ex-parte as per order dated 14.02.2022.
O. - Other side to say.
Copy of application (Exh.12) is served to Adv. For deft. no.3.
The matter is adjd for say on Exh.12 to 04.05.2022.
Next Purpose: REPLY
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: Adv. Aditi Motwani for plaintiff present.
Adv. Jayesh Gawand i/b. Adv. Dhiren Shah for deft. no.3 present.
ORDER BELOW EXH.12
Defendant No.3 failed to file say to this application. As per order dated 14.02.2022 passed in S/J No.01/22, defendant no.3 was directed to deposit a sum of Rs.6,00,000/- in the Court within a period of 10 weeks. Defendant No.3 failed to comply said order. Therefore, plaintiff, by filing present application, prayed to proceed the matter ex-parte.
Defendant No.3 failed to comply order dated 14.02.2022. Therefore, matter be proceeded ex-parte.
The matter is adjd for filing claim affidavit and original documents to 23.06.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. Shraddha Kumbhar for plaintiff present. She sought time for filing claim affidavit. Time as prayed for is granted.
The matter is adjd for filing claim affidavit to 15.07.2022.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 15-07-2022
Date: 15-07-2022
Business: Adv. Aditi Motva for plaintiff present, tendered
Exh.13- Claim affidavit.
Exh.14- List of document, t.o.r.
None for deft.
The matter is adjd for argument to 22-07-2022
Next Purpose: ARGUMENTS
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Priya Rombade along with Adv. Aditi Motwani i/b. Deven Dwarkadas and Partner for plaintiff present.
Heard arguments of Adv. For plaintiff.
The matter is adjd for judgment to 28.07.2022.
Next Purpose: JUDGMENT
Next Hearing Date: 28-07-2022
Date: 28-07-2022
Business: Adv. Mohd. Lokhandwala for plaintiff present.
Exh.15 - Judgment.
F.R.S.R. following order is passed -
ORDER
1. Commercial Suit No. 411 of 2021 is decreed with costs.
2. Defendants shall pay an amount of Rs.8,36,250/- (Rupees Eight Lacs Thirty Six Thousand Two Hundred Fifty only) along with interest @ 15percent p.a. on principal amount of Rs.6,00,000/- to plaintiff from the date of the suit till its realization within two months.
3. Court fees be refunded as per (E) Rules framed under Section 11(2) of the Bombay City Civil Court Act, 1948, for the refund of Institution Fee.
4. Decree thus follow.
Nature Of Disposal: DECREED
Disposal Date: 28-07-2022Filing Number: 112784/2019 Filing Date: 22-11-2019 First Hearing Date: 02nd March 2020 Decision Date: 28th July 2022 Court Number And Judge: 14-COURT 14 ADDL SESSIONS JUDGE
Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010119742019 Presented on : 22-11-2019 Registered on : 06-01-2020 Decided on : 28-07-2022 Duration : Y M D 02 08 06 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) COMMERCIAL SUIT NO.411 OF 2021 Ex.15 Navin H Shah HUF Through his karta Navin H. Shah Age 77 years, Occ: Business Residing at Flat No. 201, Unique Apartment, S. V. Road, Irla, Vile Parle West, Mumbai…
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