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Commercial Suit

Nitin Gulab GohilVsDinesh Kanji Sapria

CNR MHCC01012604201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DECREED
Decision Date: 17th September 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100496/2021
Registration Date
04 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 37

    Case History / Proceedings

    Case History
    Date: 28-02-2020
    Business: Adv. Lalwani for plaintiff present.
    Adjd for report to 04/05/2020.
    Next Purpose: REPORT
    Next Hearing Date: 04-05-2020
    
    Date: 04-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 26-05-2020
    
    Date: 26-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    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: 06-08-2020
    
    Date: 06-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Nobody present.
    Adjd for report to 13/04/2021
    Next Purpose: REPORT
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 79/2021 dtd. 12.04.2021 in pursuance of the Hon''ble Bombay High Court Letter No. Insp/I/32/2021 dtd. 12.04.2021 declared holidays for the court on Thursday 15.04.2021 and Friday 16.04.2021 so as to take precautionary measures and to break the chain of Corona virus.
    Next Purpose: REPORT
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Exh.2 - Adv. For plaintiff tendered service affidavit. T.O.R.
    As per service affidavit (Exh.2), deft. refused to take summons issued by this Court.  Summons are deemed to be served to deft.  But, he failed to appear before the Court within stipulated period.  Hence, suit to proceed further without appearance of deft.
    The matter is adjd for ex-parte evidence to 06.09.2021.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Exh.3 - Evidence affidavit of PW-1 Gulab Govind Gohil.
    T.O.R.
    Witness is present.  Contents in the affidavit are verified, read and recorded.
    Exh.4 - List of documents.  T.O.R.
    From the evidence of PW-1 Gulab Govind Gohil, following documents are proved, therefore, they are exhibited.
    Exh.5 - Demand promissory note.
    Exh.6 - Office copy of notice along with envelope.
    The matter is adjd for arguments to 17.09.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv. Kavita Lalwani for plaintiff present.
    Heard arguments of Adv. For plaintiff.
    K.B.
    L.O.
    Same appearance.
    Exh.7 - Judgment.
    F.R.S.R. following order is passed -
    ORDER
    1.     Suit is decreed with costs.
    2.  Defendant shall pay an amount of Rs.3,00,000/- (Three Lacs only)alongwith interest @ 18 percent p.a. to plaintiff from the date of the suit till it\''s realization within two months.
    3.    Court fees be refunded as per Schedule 1 of (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: 17-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113368/2019
    Filing Date: 03-12-2019
    First Hearing Date: 28th February 2020
    Decision Date: 17th September 2021
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Sept 2021

    Order Details: Ex-parte Judgement Pdf Text: 1 MHCC010126042019 Presented on : 03122019 Registered on : 04 012020 Decided on : 17092021 Duration : Y M D 1 7 13 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) COMMERCIAL SUIT NO.496 OF 2021 (SUMMARY SUIT NO.55 OF 2020) Ex.07 Nitin Gulab Gohil, Adult Indian Inhabitant of Bombay, aged 32 years, carrying on business in the name and style of Laxmi Krupa Money Lenders,…

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