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SUMMARY CIVIL SUIT - SUMMARY SUIT

Saryu Mahendra GandhiVsVipin Indermal Jariwala

CNR MHCC01012682201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 02nd September 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100065/2020
Registration Date
06 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 02-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. K.D. Shah for plff. sent.
    Adv. Akhatar for deft. 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 12.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Varsha Jain for plff. present.
    Adv. Akhtar Khan for deft. present.
    Adv. For the plff. tendered draft S/J @ affidavit in support. t.o.r.
    Order - leave granted to register.
    Matter is adjd to 08.06.2021 for S/J service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to Covid-19 Pendamic.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 28.09.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is Vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Adv Shah for plaintiff present and filed registered Summons for Judgment No. 42/2021 along with affidavit in support TOR.
    Adv for plaintiff filed original summons of suit. TOR.
    Adv for plaintiff filed affidavit services of summons for judgment. TOR.
    Matter is adjd for SJ hearing  on 19-04-2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Mr. K. D. Shah for Plaintiff present and submits that he has already served SJ on Defendant by post on 01/04/2021.  However, till date no reply is filed.
    In view of the same matter to proceed without reply. Plaintiff to produce the original documents on record.
    Matter adjourned to 13/09/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: As Court busy in arguments and dictating order in Summons for judgment no.256 of 2016, matter adjd. to 21.11.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: As Court is busy in argument in SJ 237/16 and dictating order in SJ 222/16, hence second session board is discharged.
    Matter is adj to 20/01/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Adv.K.D.Shah for plaintiff present.
    None for defendant.
    As the defendant has not filed reply to SJ, plaintiff was directed to produce original documents.  Mr.K.D.Shah seeks time to file documents and claim affidavit.  In view of the same, matter is adj to 21/03/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.K.D.Shah for plaintiff present.   He placed on record compilation of documents (Exh-6)
    None for defendant (Ex-parte).
    Matter is adj to 21/06/2023 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: P.O. is on Leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. K. D. Shah for plaintiff is present.
    Heard Ld. counsel for plaintiff.
    Matter is adj to 26.07.2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Court is on leave.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    
    Date: 24-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. K. D. Shah for plaintiff is present and filed compilation of documents. TOR. It is marked as Exh-7.
    Heard final arguments of Ld. Counsel for plaintiff.
    Matter is adj to 31.08.2023 for ex-parte judgement.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 31-08-2023
    
    Date: 31-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. K. D.Shah for plaintiff is present.
    Matter is adj to 02.09.2023 for ex-parte judgment.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. K. D. Shah for plaintiff is present.
    FRSR following order is passed-
    Order
    1. The suit is partly decreed with costs.
    2.The defendant shall pay to the plaintiff the amount of Rs.20,00,000/- (Rupees Twenty Lakhs only).
    3.The plaintiff is entitled to simple interest on the amount of Rs.20,00,000/- at the rate of Rs.6 percent p.a. from 04-12-2019, the date of filing the suit till its full realization.
    4.The plaintiff is entitled to get refund 2/3rd of the court fees paid by it.
    5.The decree shall be drawn accordingly.
    6.In view of above, SJ No.42/21 is disposed of accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 02-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113432/2019
    Filing Date: 04-12-2019
    First Hearing Date: 02nd March 2020
    Decision Date: 02nd September 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Sept 2023

    Order Details: Ex-parte Judgement Pdf Text: MHCC010126822019 Presented on 04-12-2019 Registered on 06-01-2020 Decided on 02-09-2023 Duration 03Y :8M :29D Exhibit 07 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMARY SUIT NO. 65 OF 2020 Saryu Mahendra Gandhi ] Aged 66 years, Indian Inhabitant, ] Residing at 4/21 Sagar Kunj, 78, ] Napeansea Road, Mumbai-400 006. ]...Plaintiff Versus Vipin Indermal Jariwala, ] An Indian Inhabitant, having his ] Address at A/402 Malabar Hill Apt, ] B/H Sargam Shopping Center,…

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