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Commercial Suit

Hiravati Laherchand MepaniVsM/s. Simplex Exports

CNR MHCC01013162201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 31st March 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100034/2020
Registration Date
20 Jan 2020

Advocates

2

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-02-2020
    Business: Nobody present when called at 11.05 am.
    Kb
    Later on at 12.15 pm.
    Adv. Preeti Gada for plaintiff present.
    Adv. for plaintiff filed joint affidavit of service. t.o.r
    Adjd for ex parte orders to 05/03/2020.
    Next Purpose: ORDER
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Nobody present when called at 11.00 am.
    The affidavit of service of Ramesh Yadav bailiff of city civil court shows that the writ of summons is duly served to defendant. Defendant failed to appear till date. Hence suit to proceed ex-parte against defendant.
    Adjd for ex-parte evidence to 17/03/2020.
    L.O.
    Adv. Preeti Gada for plaintiff present.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for evidence of plaintiff to 21.03.2020.
                                                                                   Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for (ex-parte) evidence to 16.04.2020.
                                                                                   Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: National Lock Down
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: National Lockdown
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: Advocate Sonal Darbar for plaintiff is present and requested short adjournment. Request is allowed.
    None present for defendant.
    Adjourned for filing evidence affidavit to 14.12.2020.
                                                                                    Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Advocate Sonal Darbar for plaintiff is present and requested short adjournment. Request is allowed.
    None present for defendant.
    Adjourned for (ex-parte) evidence to 07.01.2021.
                                                                                    Judge
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv. Preeti Gada for plaintiff present.
    None for defendant .
    Matter is adjd.to 27-01-2021 for Ex-parte evidence.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Adv. Preeti Gada for plaintiff present.
    None for defendant
    Exh. 2 - evidence affidavit of PW - 1 - Nayan Mepani
    Exh. 3 - Statement  of Truth.
    Exh. 4 -  List of documents.
    In view of evidence of PW - 1, following documents are
    marked -
    Exh. 5- Notarized True copy of Power of Attorney dtd. 11-06-2019 executed by the plaintiff.
    Exh. 6 - Original Bank Certificate  dtd. 04-12-2020 issued
    by plaintiff\''s Banker.
    Exh. 7 -  Original Bill of Exchange cum demand promissory
    note dtd. 28-09-2017 by defendants  to plaintiff.
    Exh. 8 - Original Bank certificate dtd. 22-12-2020 entry of
    interest amount by the plaintiff\''s banker.
    Exh.9- Original demand notice dtd. 09-03-2019 by
    plaintiff\''s adv. to defendants.
    Exh. 10 - Original Letter dtd. 30-03-2019 by plaintiff\''s
    adv. to postal authority.
    Exh. 11- Original letter dtd. 01-04-2019 along with
    envelop and attached slip received by plaintiff\''s adv. from
    postal department.
    Exh. 12 - evidence close puris.
    Matter is adjd.to 11-02 -2021 for  argument.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None for plaintiff and deft.
    Matter is adjd.to 01.03.2021 for Argument (ex-parte).
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Court is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: None for plaintiff and defendant.
    Matter is adjd.to 30.03.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Adv. Ms. Jinkal Veera for plaintiff, prayed for short adjd. r/o. 31.03.2021.
    None for defendant.
    Matter is adjd.to 31.03.2021 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Adv. Ms. Preeti Gada  for plaintiff present.
    None for defendant.
    Heard argument of Adv. Gada for plff.
    Exh.13- Judgment.
    Judgment dictated and pronounced in open court.
    F.R.S.R the following order is passed.
    ORDER
    1. Suit is partly decreed with cost.
    2. Defendant shall pay the amount of Rs. 11,53,650/- (Rupees Eleven Lakhs Fifty Three Thousand Six Hundred Fifty Only) with interest @ 12 percent p.a. from the date of suit till realization, within two months from the date of decree.
    3. Decree shall be drawn accordingly.
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 31-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113932/2019
    Filing Date: 16-12-2019
    First Hearing Date: 18th February 2020
    Decision Date: 31st March 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Mar 2021

    Order Details: Ex-parte Judgement Pdf Text: Comm.Suit No. 34/2020. 1 Ex-parte Judgment. MHCC010131622019 Presented on : 16-12-2019 Registered on : 20-01-2020 Decided on : 31-03-2021 Duration : 1 years, 3 months, 15 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. COMMERCIAL SUIT NO. 34 OF 2020 Exh.13. Hiravanti Laherchand Mepani ) Age: 74 years; Occupation: Housewife ) Senior citizen, Adult, Indian Inhabitant ) residing at, 401, Shivam CoOperative ) Housing Society Ltd., Walji Ladha Road, ) Near Kalidas, Mulund…

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