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CHAMBER SUMMONS

M/s. Bharati EnterprisesVsThe State of Maharastra +3 more

CNR MHCC01000240201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 29th September 2021

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100032/2019
Registration Date
07 Jan 2019

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 06-02-2019
Business: None present for plaintiff.
Adv Mr. Sachin Kadam for Deft no 2 tendered registered Ch/sum 32 of 2019 with affidavit.  Defendant to serve the plaintiff with the ch/sum.
Adjd for service of ch/sum to 13/03/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 13-03-2019

Date: 13-03-2019
Business: Adv. G. B. Pawar Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the plff filed filed registered SJ 71/19 alongwith affidavit. t.o.r.
Ld counsel for the plff tendered service affidavit of SJ 71/19.t.o.r.
Ld counsel for the deft no. 1 to 4 sought time to file reply to SJ 71/19. granted.
Ld counsel for the plff submitted that they are not going to file written reply to CS 32/19 but orally argue the CS 32/19.
Adj. For Reply to SJ 71/19 by Deft no 1 to 4 and Hearing of CS 32/19 on 22/04/2019.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Matter transferred from Cr. no.09.
None Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the Deft filed Draft CS alongwith affidavit.
Order- Heard. Leave granted. CS be registered. Copy be served upon otherside. Service affidavit be filed.
Adj. for CS returnable and Service affidavit on 26/07/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s  28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019

Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s  28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019

Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for Ch/s  28.08.2019
L.O.
Adv. Pawar for plaintiff present.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019

Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019

Date: 28-08-2019
Business: None for plaintiff present.
Adv.Sachin Kadam for defendant present, he tendered original Ch/s No-874/19. He submitted that copy served on plaintiff.
Matter adjd for Service affidavit and reply to 25.09.2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019

Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019

Date: 25-09-2019
Business: None present.
Matter adjd for Ch/s to 09.12.2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 09-12-2019

Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020

Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020

Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020

Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020

Date: 20-01-2020
Business: Plaintiff and his advocate absent.
Defendant absent.
Adv. Sachin Kadam for deft. Present.
Matter is adjd to 26.03.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020

Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020

Date: 07-04-2020
Next Purpose: REPLY
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020

Date: 18-04-2020
Next Purpose: REPLY
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020

Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020

Date: 08-05-2020
Next Purpose: REPLY
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: REPLY
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020

Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020

Date: 16-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020

Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020

Date: 29-09-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPLY
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021

Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021

Date: 22-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 06.02.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021

Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021

Date: 06-02-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Neha M. Tikam I/b Adv. Sachin J. Kadam for deft. No. 1 to 4 present.
Matter is adjd to 23.03.2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021

Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021

Date: 23-03-2021
Business: Plaintiff and his advocate are absent.
Defendant absent.
Adv. Sachin Kadam for deft present.
Matter is adjd to 06.05.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021

Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021

Date: 06-05-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 23/08/2021 for Reply
Next Purpose: REPLY
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021

Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021

Date: 23-08-2021
Business: None present.
The matter is adjd for reply to Ch/sum no.874/19 and Ch/sum no.32/19 to 08.09.2021.
Next Purpose: C/S REPLY
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for plaintiff.
Adv. Neha Tikam h/f. Adv. Sachin Kadam for deft. nos.1 to 4 present.
As per roznama dated 13.03.2019, plaintiff does not want to file reply to Ch/sum no.32/19.  Therefore, matter be kept for hearing of Ch/sum no.32/19 and reply to Ch/sum no.874/19.
The matter is adjd for hearing of Ch/sum no.32/19 and reply to Ch/sum no.874/19 to 29.09.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None for plaintiff.
Adv. Sachin Kadam for defts. present.
Heard Adv. For defts. on Ch/sum no.32/19.
Plaintiff and his advocate are absent.  As per order dated 08.09.2021, Ch/sum proceeded without plaintiff\''s reply.  It appears that plaintiff is not interested in defending this Ch/sum.  Therefore, I shall proceed to decide it on merit.
ORDER BELOW CH/SUM NO.32/19
      Perused the affidavit filed along with Ch/sum.  It is submitted on behalf of deft. nos.1 to 4 that office of defendants received the summons.  Concerned clerk was not aware that appearance has to be filed within 10 days of the receipt of summons. Delay was caused as the papers were not received from the concerned department within stipulated period.  After receipt of summons, defendants made payment of Rs.3.3 Lakhs to plaintiff by cheque.  Delay is not deliberate or intentional.  It is submitted that deft. nos.1 to 4 want to contest the suit on merits.
     Considering the reasons mentioned in the affidavit filed along with Ch/sum, it would be expedient to allow deft. nos.1 to 4 to appear before the Court in accordance with Order 37 Rule 3 of C.P.C. Hence, the following order.
ORDER
1.    Ch/sum no.32/19 is allowed in terms of prayer clause (a).
2.        No order as to costs.
3.        Ch/sum no.32/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 29-09-2021

Additional Case Details

Additional Case Details
Filing Number: 100275/2019
Filing Date: 07-01-2019
First Hearing Date: 06th February 2019
Decision Date: 29th September 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Sept 2021

Order Details: Other Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100032/2019 M/s. Bharati Enterprises Vs 1. The State of Maharastra 2. The Superintending Engineer 3. The Executive Engineer 4. Dy. Engineer Date : 29092021 Business : None for plaintiff. Adv. Sachin Kadam for defts. present. Heard Adv. For defts. on Ch/sum no.32/19. Plaintiff and his advocate are absent. As per order dated 08.09.2021, Ch/sum proceeded without plaintiff’s reply. It appears that plaintiff is…

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