SUMMARY CIVIL SUIT - SUMMARY SUIT
Ramchand Atmaram NagpalVsOnus Enterprise Pvt. Ltd. +2 more
CNR MHCC01000325201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd August 2023
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100356/2019
- Registration Date
- 01 Mar 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2
Case History / Proceedings
Case History
Date: 25-04-2019
Business: Adv for plaintiff present
Adv for plaintiff prayed for extension of time for issuance of summons.
O-Time extended as prayed
Matter is Adjd for Affidavit of Service to 19/09/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O. is on leave. Adjd to 20/12/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-12-2019
Date: 20-12-2019
Business: PO is on leave.
Matter is adjd to 03.01.2020 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-01-2020
Date: 03-01-2020
Business: As court is on Leave.
Matter is adjd to 04.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2020
Date: 04-02-2020
Business: Plaintiff absent.
Adv Bhargvi for Plaintiff Present.
Defendant and his adv absent.
Plaint
Vakalatnama
Memorandum of Address
List of document
Adv. For plff. Filed Affidavit of service. t.o.r. marked as Exh. 5.
Order- Seen and filed
Adv. For plaintiff tendered draft Ch/S.
Order- Leave granted to register the draft the Ch/S.
Matter is adjd to 12.03.2020 for services of Ch/S.
Next Purpose: SERVICE
Next Hearing Date: 12-03-2020
Date: 12-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Rekha Shukala for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Tendered register Ch/s No. 396/2020 @ affidavit in support. Order- Issue summons to deft. no. 1 and 2 as prayed by posting U/Order-5 Rule 17 of C.P.C. Chamber Summons disposed off accordingly. Chamber Summons No. 396/2020 is disposed off.
Matter is adjd to 23.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 23-04-2020
Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 14-05-2020
Date: 14-05-2020
Next Purpose: REPORT
Next Hearing Date: 03-06-2020
Date: 03-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 20-06-2020
Date: 20-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 08.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 08-03-2021
Date: 08-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent
Adv. Bhargavi Raval I/B Rekha Shukla For plaintiff present
Adv for plaintiff filed application for Extension of Time for pasting as per order dated 12.03.20
O – Granted extention as prayed.
Adv. For plaintiff filed Application for Issue of Fresh Writ of Summons for Defendant No. 1 & 2
O – Issue fresh Summons as prayed..
Matter is adjd to 28.04.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 31/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 31-07-2021
Date: 31-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 13.10.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 13-10-2021
Date: 13-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: P.O is on leave hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present.
Matter is adjd for report on 17-02-2022
Next Purpose: REPORT
Next Hearing Date: 17-02-2022
Date: 17-02-2022
Business: Adv Bhargavi Raut for plaintiff present.
Adv for plaintiff filed application for extention of time for serve writ of summons upon the defendants. TOR. O-Time extended as prayed.
Matter is adjd for report on 04-05-2022
Next Purpose: REPORT
Next Hearing Date: 04-05-2022
Date: 04-05-2022
Business: PO is on training. Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 25-07-2022
Date: 25-07-2022
Business: Adv. Ms. Yojana Gandhi for Plaintiff present and filed application for issuance of Writ of Summons afresh. O :- Allowed. t.o.r. and marked as Exhibit-__.
Matter adjourned to 20/09/2022 for Report
Next Purpose: REPORT
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Bhargavi Raval for plaintiff present.
Defendant no.3 ex-parte.
This Court has received service report from Vashi, Navi Mumbai Court. The report reveals that the defendant no.1 and 2 were not found on the given address. The bailiff was told that defendant nos.1 and 2 were not residing there since long time. Therefore, service of summons by pasting is not a valid service. Hence, plaintiff to take steps.
Matter is adjd. to 04.11.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: Adv.Bhargavi Raval i/b Adv.Rekha Shukla for plaintiff present.
Advocate for plaintiff filed application (Exh-7) for issuance of fresh writ of summons on new address of defendant No.2 provided in the application.
Order-Issue writ of summons on new address of defendant No.2.
She filed application (Exh-8) for withdrawal of suit against defendant No.1. However plaintiff is not present application is not supported by affidavit of plaintiff.
Ld. Advocate for plaintiff seeks time to keep plaintiffs authorize person present before the court.
Time granted.
Matter is adj to 13/01/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: As Court time is over, hence first session remaining board is discharged.
Matter is adj to 23/03/2023 for writ of summons
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2023
Date: 23-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Yojana Gandhi h/f Adv.Rekha Shukla for plaintiff present. She filed affidavit of service (Exh-9).
She also filed application (Exh-10) seeking service on defendant No.2 on the address mentioned in the application.
Order-Application allowed, issue fresh writ of summons through Bailiff.
Matter is adj to 13/07/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 13-07-2023
Date: 13-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Bhargavi Rawal i/b Rekha Shukla for plaintiff is present.
As court is busy in recording evidence in High Court Time Bound matter i.e. Sum. Civil Suit No. 434/17, morning board is discharged.
Matter is adj to 03.08.2023 for report.
Next Purpose: REPORT
Next Hearing Date: 03-08-2023
Date: 03-08-2023
Business: Plaintiff present.
Adv. Yajana Gandhi for the plaintiff is present.
Defendant and his counsel are absent.
Exh.11 -Advocate for the plaintiff filed withdrawal pursis. T.O.R. Marked as Exh.11.
ORDER BELOW EXH.1
The plaintiff through his power of attorney holder Deelipkumar Atamaram Nagpal and his counsel are present. It is submitted that the plaintiff has received the principal amount due against the defendants and therefore, the plaintiff does not want to proceed with the suit and prayed for permission to withdraw the suit and filed the application to that effect at Exh.11.
There are three defendants, but none of the defendants has entered their appearance. In view of the submission of the plaintiff and filing application (Exh.11) the suit stands disposed off as withdrawn. The plaintiff is entitled to refund 2/3 of the court fees paid by him.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-08-2023Additional Case Details
Additional Case Details
Filing Number: 100336/2019 Filing Date: 08-01-2019 First Hearing Date: 25th April 2019 Decision Date: 03rd August 2023 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 103 Aug 2023
03 Aug 2023
Order Details: Other Pdf Text: 30 03/08/2023 SUM 356/19 Exh.11 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Plaintiff present. Adv. Yajana Gandhi for the plaintiff is present. Defendant and his counsel are absent. Exh.11 -Advocate for the plaintiff filed withdrawal pursis. T.O.R. Marked as Exh.11. ORDER BELOW EXH.1 The plaintiff through his power of attorney holder Deelipkumar Atamaram Nagpal and his counsel are present. It is submitted that the plaintiff has received the principal amount due against the defendants and therefore, the plaintiff does not want to proceed with the suit and prayed for permission to withdraw the suit and filed the application to that effect at Exh.11. There are three defendants, but none of the defendants has entered their appearance. In view of the submission of the plaintiff and filing application (Exh.11) the suit stands disposed off as withdrawn. The plaintiff is entitled to refund 2/3 of the court fees paid by him. Judge -- 1 of 1 --
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