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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Otarmal Kantilal and Co.VsRavikant Govind Lokhande +1 more

CNR MHCC01013302201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PARTLY DECREED
Decision Date: 10th January 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100202/2021
Registration Date
17 Feb 2021

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec 37
    Indian Contract Act · Sec 73

    Case History / Proceedings

    Case History
    Date: 15-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: None present for both parties.
    KB
    LO
    Adv Dilip Sathale present for the plaintiff.
    None present for the defendant.
    Matter is adjd to 13.12.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Exh.1 Plaint
    Exh.2 Vakalatnama
    Exh.3 Memorandum of address in plaint.
    Exh.4 List of documents in plaint.
    Adv.  Satle for the plaintiff present.
    None for defendants.
    Advocate for the plaintiff filed service affidavit alongwith bailiff\''s report dated 28/10/2021 to show that summons is duly served on defendant No.1. But, defendant No.1 is failed to appear on record. Therefore, suit to proceed ex-parte against defendant No.1. It is Marked as Exh.5
    Advocate for the plaintiff filed application for deleting the name of defendant No.2. for cause title.  It is marked as Exh.6.
    Order Below Exh.6
     The name of defendant No.2 is deleted in cause title of the plaint, at the risk of the plaintiff
     Advocate for the plaintiff filed claim affidavit. It is marked as Exh.7.
    Advocate for the plaintiff filed list of document. It is marked as Exh.8.
    Matter is adjd. to 11/02/2022 for marking of documents.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
    Matter is adjd. to 26.04.2022 for Ex-parte Evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Advocate Mr. Sathale for plaintiff present.
    None for defendant.
    Matter is adjd. for ex-parte evidence to 28-07-2022.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is vacant.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: As Court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: As court is vacant
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: As court is vacant,
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Adv.Shreyas Khandagale present for plaintiff.
    None present for defendant.
    The list of document already exhibited.
    Article-A-Extract of the Registration of the Plaintiffs Firm with the Registrar of Firm.
    The Document at Sr.No.2 is the Bill of Exchange dated 21st December 2016 TOR marked as Exh.9.
    The Document at Sr.No.3 is the Plaintiffs Advocates letter dated 02nd December 2019 alongwith the Courier records in respect thereof TOR marked as Exh.10.
    Matter stands adjourned for argument on 11-08-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: P.O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-09-2023
    
    Date: 16-09-2023
    Business: Adv.Udit Raghuvanshi present for plaintiff.
    None present for defendant.
    Heard.
    Matter stands adjourned for further argument on 04-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Udit Raghuwanshi present for plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument on 09-10-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: Adv. Udit Raghuwanshi present for plaintiff.
    None present for defendant.
    Heard.
    Matter stands adjourned for further argument on 04-11-2023.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: None present.
    Matter stands adjourned for R/E on 15-12-2023.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: None present.
    KB.
    L.O. at 1.20 pm.
    Adv.Udit Raghuwanshi present for plaintiff, tendered evidence closing pursis TOR marked as Exh.11.
    None present for defendant.
    F.R.S.R. following order is passed-
    Ex-parte Judgment.
    ORDER
    1.Summary Civil Suit No.202/2021, is hereby partly decreed with costs.
    2.Plaintiff is entitled to recover an amount of Rs.2,50,000/- alongwith interest at the rate of 9 percent per annum, from the date of last payment i.e. 12/06/2018, till its full realisation, from defendant No.1.
    3.Decree be drawn up accordingly.
    4.Court fees, if any, be refunded as per rule.
    (Judgment dictated and pronounced in open Court)
    Nature Of Disposal: PARTLY DECREED
    Disposal Date: 10-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 114092/2019
    Filing Date: 18-12-2019
    First Hearing Date: 15th April 2021
    Decision Date: 10th January 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Jan 2024

    Order Details: Ex-parte Judgement Pdf Text: ..1.. Summary Civil Suit No.202/2021 MHCC010133022019 Presented on : 18/12/2019 Registered on : 17/02/2021 Decided on : 10/01/2024 Duration : 04Y 00M 24D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMARY CIVIL SUIT NO.202 OF 2021 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. ] ] ] ]…

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