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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

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection 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: 03-08-2023

    Additional 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

    1
    Final Order 1
    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
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