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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Otarmal Kantilal and Co.VsRajendrakumar Punjaji Gaikwad +1 more

CNR MHCC01012589201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 02nd December 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100081/2020
Registration Date
06 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 02-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Dileep Satale for plff. present.
    Adv. For deft. Absent.
    Matter is adjd to 28.03.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: REPORT
    Next Hearing Date: 18-06-2020
    
    Date: 01-06-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: P.O. is on leave.
    Matter is adjd to  08.04.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Plaintiff absent.
    Defendant absent
    Adv. Deelip Satale for the plff present.
    Plaint
    Vakalatnama
    Memorandum of address
    List of document.
    Adv. For the plff filed affidavit of service. t.o.r. marked as Exh-5
    Order- seen and filed.
    Matter is adjd to 11.06.2021 for ex-parte order.
    Next Purpose: ORDER
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to Covid-19 Pendamic Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ORDER
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 22.07.2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Business: Court is on Leave.
    Due to Covid-19 pandemic.
    Matter is adjd to 01.09.2021 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Court is Vacant
    Next Purpose: ORDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is vacant
    Next Purpose: ORDER
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None present.
    KB.
    L.O. 12.15. pm.
    Adv Divya Jain for plaintiff present.
    Affidavit of service is already placed on record.  The defendant failed to appear in response to the service of summons. Hence suit to proceed ex-parte against the defendant.
    L.O. at 1.20. pm.
    Adv for plaintiff has tendered affidavit of claim of the plaintiff. TOR and marked as Exh.6. O
    Adv for plaintiff has tendered list of original documents on behalf of the plaintiff. TOR and marked as Exh.7.
    Document at serial no. 1 is Extract of the Registration of the plaintiff\\\''s firms and it is marked as Exh.7/1
    Document at serial no.2 is Bill of Exchange dated 12.01.2017 and it is marked as Exh.7/2.
    Document at serial no. 3 is The plaintiff\\\''s advocate letter dated 25.06.2019 along with Courier records and it is marked as Exh.7/3.
    Matter is adjd to 02-12-2021 for re-argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv Divya Jain for plaintiff present.
    Judgment at Exh.8
    FRSR following order is passed
    ORDER
    1.The defendant nos.1 and 2 shall pay Rs.59,963/- (Rs. Fifty Nine Thousand  Nine Hundred Sixty Three Only) to the plaintiff  jointly and severally, with interest at the rate of 18 per cent per annum on the principal sum of Rs.40,000/- from the date of filing of the suit till its realization.
    2.The defendant nos. 1 and 2 do pay costs of the suit to the plaintiff.
    3.Court fee, if any, be refunded as per the rules.
    4.Decree be drawn accordingly.
    Nature Of Disposal: DECREED
    Disposal Date: 02-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113412/2019
    Filing Date: 03-12-2019
    First Hearing Date: 02nd March 2020
    Decision Date: 02nd December 2021
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Dec 2021

    Order Details: Ex-parte Judgement Pdf Text: Filed on :03.12.2019 Registered On :06.01.2020 Decided on :02.12.2021 Duration : Y-02/M-00/D-01 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 81 OF 2020 IN Exhibit-08 M/s. Otarmal Kantilal & Co. a Registered Partnership Firm carrying on business 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 V/s. 1. Rajendrakumar Punjaji Gaikwad (Age not known)…

    Read Full Order

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