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SUMMARY CIVIL SUIT - SUMMARY SUIT

Sanjesh Chunilal JainVsSuresh Lalbachan Gupta

CNR MHCC01012999201983-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY ALLOWED
Decision Date: 16th September 2026

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100091/2020
Registration Date
06 Jan 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order36

    Case History / Proceedings

    Case History
    Date: 22-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    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: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Today matter is for report.
    He seeks time to file affidavit of service. Time granted till next date.
    Matter adjd for affidavit of service to 02-03-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Adv. Ramesh Jain for plaintiff present.
    None for defendant.
    Ex.02   Ld Adv for plaintiff filed affidavit of service t.o.r. O- Seen.
    Ex.03  Ld adv for plaintiff filed application for service writ of summons to serve fresh writ of summons at new residential address of defendant t.o.r. O- Issue writ of summons on new address.
    Matter adjd for affidavit of service to 08-04-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None present.
    Matter adjd for affidavit of service to 23-07-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: Due to Covid-19.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    
    Date: 04-12-2021
    Business: Adv.  Ramesh jain for plaintiff present.
    None present for defendant.
    Exh.05- Application for issuance of fresh writ of summons. O-Issue fresh writ of summons.
    Matter Adjd for service affidavit on 04/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    On oral request by advocate for plaintiff time is extended to file service affidavit.
    Matter Adjd for service affidavit on 23/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Matter Adjd for service affidavit on 19/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Draft chamber summons alongwith affidavit in support tendered by plff.
    Order - Leave is granted to register the chamber summons.
    Matter Adjd for tendering original registered CS on 27/09/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    Ld. Adv.for plaintiff tendered original registered CS No.1465/22.
    Order below Chamber summons No.1465/2022
    Order - Perusal of record shows that, the defendant is not served by way of ordinary summons. Hence issue writ of summons by way substituted service by paper publication and RPAD. Chamber summons is disposed off accordingly.
    Matter Adjd for service affidavit on 30/11/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: None present.
    Matter Adjd for affidavit of service on 27/01/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: P.O. is on leave in 1st Sessions
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Adv. Ramesh Jain for plaintiff present.
    None present for defendant.
    On the oral request by Ld. Adv. for plaintiff, time is extended for paper publication.
    Matter Adjd for service affidavit on 12/06/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: None present.
    Matter is fixed for filing service affidavit.
    Matter Adjd for affidavit of service to 11.08.2023.
    L.O. at 01.20 p.m.
    Adv. Ramesh Jain for plaintiff present.
    Ld. counsel for the plaintiff present and sought time to extend publication.
    Matter already adjd for affidavit of service to 11.08.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: Both the parties are absent when called.
    Adv. Ramesh Jain for plaintiff is present.
    None present for defendant.
    Advocate for the plaintiff sought time to file service affidavit. Granted.
    Matter Adjd for affidavit of service to 04.10.2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: Court is Vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-04-2024
    
    Date: 01-04-2024
    Business: Court is Vacant.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-05-2024
    
    Date: 09-05-2024
    Business: P.O is on Leave
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-07-2024
    
    Date: 29-07-2024
    Business: Adv. Madhuri Shirke for plaintiff present and filed service affidavit taken on record and marked as Exh.07.
    Matter is adjourned to 03.10.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-10-2024
    
    Date: 03-10-2024
    Business: Adv. Madhuri Shirke for plaintiff present.
    Order - Perusal of service affidavit Exh.07 reveals that defendant was served by substituted services vide publication in two news papers. Defendant failed to appear, hence, suit to proceed Ex-parte.
    Matter is adjourned to 17.12.2024 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Adv. Ramesh Jain for plaintiff present.
    Matter is adjourned to 05.03.2025 for Ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-03-2025
    
    Date: 05-03-2025
    Business: Adv. Madhuri Shirke for plaintiff present.
    Matter is adjourned to 03.05.2025 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: None present.
    Matter is adjourned to 12.08.2025 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-08-2025
    
    Date: 12-08-2025
    Business: Plaintiff present.
    Adv. Madhuri Shirke for plaintiff present and filed evidence affidavit and compilation of documents taken on record and marked as Exh.08 and Exh.09 Order - Evidence affidavit read and recorded and production allowed.
    Matter is adjourned to 19.09.2025 for Hearing on documents.
    Next Purpose: HEARING
    Next Hearing Date: 19-09-2025
    
    Date: 19-09-2025
    Business: Plaintiff present.
    Adv. Madhuri Shirke for Plaintiff present.
    Matter is adjourned to 10.11.2025 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: Adv. Madhuri Shirke for plaintiff present.
    Matter is adjourned to 09.01.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-01-2026
    
    Date: 09-01-2026
    Business: Adv. Madhuri Shirke for plaintiff present.
    Matter is adjourned to 27.04.2026 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2026
    
    Date: 27-04-2026
    Business: Adv. Ramesh Jain for plaintiff present.
    ORDER ON DOCUMENTS
    Suit has proceed Ex-parte. Hence, all documents are marked as exhibits -
    Exh.10 - Promissory note dt.18.04.2017.
    Exh.11 - Legal notice.
    Art. A - Money lending license.
    Art. B - Forms under Bombay lending Act.
    Art. C - Books of account.
    Matter is adjourned to 09.06.2026 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-06-2026
    
    Date: 09-06-2026
    Business: None for plaintiff.
    Plaintiff is directed to argue the matter. If it is not argue it will be dismissed on next date.
    Matter is adjourned to  18.06.2026 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-06-2026
    
    Date: 18-06-2026
    Business: Plaintiff Mr. Sanjesh Chunilal Jain is present.
    Adv for plaintiff is absent.
    On previous date it was specifically directed to argue the matter today or it will be dismissed. As Adv for plaintiff is absent matter is kept back for some time.
    Kept back
    Court busy in some other work. Hence, matter is adjourned.
    Matter is adjourned to 02.07.2026 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-07-2026
    
    Date: 02-07-2026
    Business: Suit is Ex-parte.
    Plaintiff Mr. Sanjesh Chunilal Jain is present.
    Adv. Ramesh Jain for plaintiff is present through VC.
    Kept back.
    Later on 01.15 p.m
    Same appearance.
    In first session adv for plaintiff submits that plaintiff produced original money lending license for the purpose of comparison. However, original license for a period 01.04.2018 to 31.03.2019 is not with the witness.
    Matter is adjourned to 17.07.2026 for Steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-07-2026
    
    Date: 17-07-2026
    Business: Plaintiff Mr. Sanjesh Chunilal Jain is present.
    Adv. Madhuri Shirke for plaintiff present.
    Exh.12   - Application of production of additional evidence and documents. O - Allowed.
    Exh.13 - Additional evidence affidavit.
    Exh.14 - List of documents.
    Matter is adjourned to 21.08.2026 for Further examination-in-chief and marking of documents.
    Next Purpose: HEARING
    Next Hearing Date: 21-08-2026
    
    Date: 21-08-2026
    Business: Suit is Ex-parte.
    Plaintiff Mr. Sanjesh Chunilal Jain is present.
    Adv. Ramesh Jain for plaintiff is present.
    On  27.04.2026  documents Exh.10  to Exh.11  were marked.  But neither exhibit numbers are written on documents nor those were signed by the then Presiding Officer. Proceed to sign these documents today.
    Oath is administered to the witness in respect of additional evidence affidavit Exh.13.
    Examination-in-chief is recorded and following document is marked.
    Exh.15
    Copy of Money lending license dt.01.04.2017 to 31.04.2018 compared with original and original is returned to the witness.
    Exh.16   - Evidence closure pursis filed by Adv for plaintiff.
    Matter is adjourned to 03.09.2026 for Argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-09-2026
    
    Date: 03-09-2026
    Business: CIS is not functional. Roznama is uploaded when CIS is resumed.
    Suit is Ex-parte.
    Adv. Ramesh Jain for plaintiff is present.
    Heard argument of Adv. for plaintiff.
    Matter is adjourned to 15.09.2026 for Judgment.
    Next Purpose: JUDGMENT
    Next Hearing Date: 15-09-2026
    
    Date: 15-09-2026
    Business: This matter was on board of 15.09.2026.  As per office order 279 of 2026 dated 11.09.2026, 15.09.2026 was declared as public holiday. Hence, matter is taken on todays board.
    Next Purpose: JUDGMENT
    Next Hearing Date: 16-09-2026
    
    Date: 16-09-2026
    Business: This matter was on board of 15.09.2026.  As per office order 279 of 2026 dated 11.09.2026, 15.09.2026 was declared as public holiday. Hence, matter is taken on todays board.
    Exh.17 - Judgment.
    F. R.S.R. following order is passed
    ORDER
    1. Summary Suit No. 91/2020 is partly decreed with costs.
    2. Plaintiff is entitled to recover Rs.1,35,000/- (Rs. One Lakh and Thirty Five Thousand only) from defendant with 9 percent interest p.a. from 01.07.2019 till realization of entire amount.
    3. Defendant shall pay above referred amount with interest to plaintiff within three months from date of this Judgment.
    4. Decree be drawn up accordingly.
    5. Judgment is dictated and pronounced in open Court.
    6. After compliance and period of Appeal, Sheristedar and AS to consign Record of the suit, to Record Room.
    Nature Of Disposal: PARTLY ALLOWED
    Disposal Date: 16-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 113715/2019
    Filing Date: 10-12-2019
    First Hearing Date: 22nd March 2020
    Decision Date: 16th September 2026
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    16 Sept 2026

    Order Details: Copy of Judgment Pdf Text: SS No. 91/2020 Sanjesh Vs. Suresh Judgment (Exh.17) 1 of 6 MHCC010129992019 Suit Lodged on : 10.12.2019 Suit Admitted on : 06.01.2020 Suit Decided on : 16.09.2026 Duration : 06 Y : 09 M : 06 D Exhibit : 17 City Civil and Sessions Court, Mazgaon, Greater Mumbai Court Room No. 83 – Summary Court Summary Suit No. 91 OF 2020 Sanjesh Chunilal Jain, Age : 50 years, of Mumbai, an adult inhabitant,…

    Read Full Order
    Interim Order 1
    21 Aug 2026
    Order Details: Other
    Pdf Text: Summary Suit 91/ 2020 Exh.13 1 / 1
    Date : 21.08.2026
    Further Examination in chief of plaintiff witness Mr. Sanjesh Jain on
    oath by Adv. Ramesh Jain, for plaintiff.
    As per order dt. 03.10.2024- suit is Ex-parte.
    Affidavit now shown to me bears my signature. Its contents are true.
    It is already marked as
    Exh.13 . Through List of Documents at
    Exh.14, I have filed following documents. Same may be marked with
    Exhibit numbers.
    Exh.15 Copy of Money lending license dt.01.04.2017 to
    31.04.2018 compared with original and original is
    returned to the witness.
    Further examination in chief is over :
    As Suit is Ex-parte, hence no cross-examination :
    ROAC BEFORE ME
    Mumbai
    Dated : 21.08.2026
    (Prasad P. Kulkarni)
    District Judge,
    Court Room No.83
    City Civil & Sessions Court,
    Mazgaon, Greater Mumbai
    -- 1 of 1 --
    Order 1
    21 Aug 2026
    Order Details: Other
    Pdf Text: Summary Suit 91/ 2020 Exh.13 1 / 1
    Date : 21.08.2026
    Further Examination in chief of plaintiff witness Mr. Sanjesh Jain on
    oath by Adv. Ramesh Jain, for plaintiff.
    As per order dt. 03.10.2024- suit is Ex-parte.
    Affidavit now shown to me bears my signature. Its contents are true.
    It is already marked as
    Exh.13 . Through List of Documents at
    Exh.14, I have filed following documents. Same may be marked with
    Exhibit numbers.
    Exh.15 Copy of Money lending license dt.01.04.2017 to
    31.04.2018 compared with original and original is
    returned to the witness.
    Further examination in chief is over :
    As Suit is Ex-parte, hence no cross-examination :
    ROAC BEFORE ME
    Mumbai
    Dated : 21.08.2026
    (Prasad P. Kulkarni)
    District Judge,
    Court Room No.83
    City Civil & Sessions Court,
    Mazgaon, Greater Mumbai
    -- 1 of 1 --

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