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CHAMBER SUMMONS

Mrs Rakhi Asandas Teckwani And OrsVsMahesh Associates And Ors - Applicant - Achala Udayan Desai

CNR MHCC0100045320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th October 2019

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100075/2019
Registration Date
11 Jan 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 11-01-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-01-2019

Date: 19-01-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2019

Date: 16-02-2019
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2019

Date: 16-02-2019
Business: Resumed.
Adv. Pradumnya Chavan i/b Adv. Sagar Dusane for plaintiff and plaintiff society, Adv. M.L. Kukreja  for def. Nos. 1 and 2 and Adv. K. T. Kukreja with Adv. Devang Shah with Def. no. 3 are present. Adv. K. M. Bhatia with def. no. 23 is present. None for remaining defendants.
Kept back.
L.O. at 3.30 p.m.
     Adv. M. B. Yadav for applicants tendered V.P. draft Ch/s with affidavit seeking impleadment of applicant as defendants. He undertakes to serve the copies to concern parties. Leave to register is granted.
Exh. 43 - The consent terms in respect of plaintiff no. 27 A Kanchan Shankar Jagwani.
The plaintiff is present.  She is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietrest of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 43 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 43 the suit of the plaintiff no. 27 A in respect of flat no. 605 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.
Roznama continued dated 16.02.2019.
Exh. 44 - The consent terms in respect of plaintiff no. 29 Sunita Rupchand Madrani.
The plaintiff is present.  She is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 44 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 44 the suit of the plaintiff no. 29 in respect of flat no. 704 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.
Exh. 45 - The consent terms in respect of plaintiff no. 21 Ramchand Chandumal Jethani by his constituted attorney Ashok Kanhaiyalal Bhatia who claims that a power of attorney dtd. 22.05.2007 and an agreement for sale dtd 02.05.2007 has been executed by plaintiff no. 7 Mr. Jethani in his favour in respect of flat no. 503         He is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 45 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 45, power of attorney dtd. 22.05.2007 and an agreement for sale dtd 02.05.2007 the suit of the plaintiff no. 21 in respect of flat no. 503 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.
Roznama continued dated 16.02.2019.
Exh. 46 - The consent terms in respect of plaintiff no. 6 Bhavna Manohar Chellani.
The plaintiff is present.  She is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 46 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 46 the suit of the plaintiff no. 6 in respect of flat no. 501 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.
exh. 47 - The consent terms in respect of plaintiff no. 12 Ramesh Fatehchand Tilokani by his constituted attornies Nitin Babubhai Jain and Mrs. Heena Nitin Jain who claims that a power of attorney dtd. 06.05.2017 and an agreement for sale dtd 04.05.2017 have been executed by plaintiff no. 12 Mr. Tilokani in their favour in respect of flat no. 103 .
He is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 47 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 47, power of attorney dtd. 06.05.2017 and an agreement for sale dtd 04.05.2017 the suit of the plaintiff no. 12 in respect of flat no. 103 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.                       P.T.O.
Roznama continued dated 16.02.2019.
Exh. 48 - The consent terms in respect of plaintiff no. 16 Keval Narayandas Peswani by his constituted attorney Sundar Ghanshyamdas Bhagnani who claims that a power of attorney dtd. 07.02.1995 and deed of declaration dtd. 23.11.2009 an agreement for sale dtd 07.02.1995 has been executed by plaintiff no. 16 Mr. Peswani in his favour in respect of flat no. 204 .
He is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 48 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 48, power of attorney dtd. 07.02.1995 and deed of declaration dtd. 23.11.2009 an agreement for sale dtd 07.02.1995 the suit of the plaintiff no. 16 in respect of flat no. 204 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.
Roznama continued dated 16.02.2019.
Exh. 49 - The consent terms in respect of plaintiff no. 10 Thakur Revachand Melwani by his constituted attorney Vashudev Chhugomal Budhwani who claims that a power of attorney dtd. 25.06.2000 and deed of declaration dtd. 25.04.2000 an agreement for sale dtd 25.04.2000 has been executed by plaintiff no. 16 Mr. Melwani in his favour in respect of flat no. 603        He is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 49 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 49, power of attorney dtd. 25.06.2000 and deed of declaration dtd. 25.04.2000 an agreement for sale dtd 25.04.2000 the suit of the plaintiff no. 10 in respect of flat no. 603 is disposed off in terms of consent terms.
2.  Decree be drawn up accordingly.
 Exh. 50 - The consent terms in respect of plaintiff no. 22 Naresh Ramchand Jethani.
       The plaintiff is present.  He is identified by Adv. Sagar Dusane.   Adv. M. L. Kukreja for def. Nos. 1 and 2 is present.  He identified the signatures of Smt. Manju L. Kukreja, def. no. 2 who is proprietress of def. No. 1 firm.
      Smt. Usha Kukreja def. no. 3 is present.  She is identified by Adv. Devang Shah.
         Mr. Milind Shinde the administrator of plaintiff no. 2 society is present.  He is identified by Adv. Dusane.
The parties and advocates admit the truthfulness of contents of consent terms Exh. 50 and their authority to execute the same.  Hence, verified, read and recorded.
Order on Exh. 1
1.  In view of the consent terms Exh. 50 the suit of the plaintiff no. 22 in respect of flat no. 504 is disposed off in terms of consent terms.                                       PT.O.
Roznama continued dated 16.02.2019.
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2.  Decree be drawn up accordingly.
l.O. at 5.40 p.m.  Adv. U. V. Singh for applicant tendered draft Ch/s with affidavit.  Leave to register is granted. He undertakes to serve the copies to concerned parties.
  Adjd for hearing to 16.03.2019
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2019

Date: 16-02-2019
Reason For Adjournment: court time is over
Next Purpose: SETTLEMENT
Next Hearing Date: 16-03-2019

Date: 16-03-2019
Business: Resumed.
Adv. Bipin Kamdi for plaintiff no. 32, Adv.K. T. Kukreja with Adv. Devang Shah for defendant no. 3 and Adv. M. L. Kukreja for defendant no. 1 and 2, Adv. Vaishali Choudhari I/b. Adv. Smita Gaidhani for def. Nos. 15,19, 22  are present.
Adv. Choudhari tried to submit consent terms.  The advocate for plaintiff took objection for the said consent terms on the ground that the copies thereof are not supplied to the plaintiff and in absence of such copy and going through the consent terms the same cannot be signed by the plaintiff.
Adjd for settlement/ ch/s hearing to 03.04.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-04-2019

Date: 16-03-2019
Business: Resumed.
Adv. Bipin Kamdi for plaintiff no. 32, Adv.K. T. Kukreja with Adv. Devang Shah for defendant no. 3 and Adv. M. L. Kukreja for defendant no. 1 and 2, Adv. Vaishali Choudhari I/b. Adv. Smita Gaidhani for def. Nos. 15,19, 22  are present.
Adv. Choudhari tried to submit consent terms.  The advocate for plaintiff took objection for the said consent terms on the ground that the copies thereof are not supplied to the plaintiff and in absence of such copy and going through the consent terms the same cannot be signed by the plaintiff.
Adjd for settlement/ ch/s hearing to 03.04.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Resumed.
The P.O. is busy in dictating NM No., 413/2018 orders in Suit No. 7305/2001 and Order in Suit No. 7195/2006 and recording evidence in suit No. 89/2015.
For want of time the board is discharged.
Adjd for settlement to 10.06.2019
Next Purpose: SETTLEMENT
Next Hearing Date: 10-06-2019

Date: 10-06-2019
Business: Adv. Kameli for plaintiff present.
Adv. Lalit R. Madharani with Adv. K. M. Bhatia for plaintiff no. 26 present.
Adv. Kumar Kukreja with Adv. Deven Dhruve I/b Adv. Devang Shah for defendant nos. 3 present.
Adv. U. V. Singh I/b Anil Malohtra for applicant present.
Adv. M. B. Banai for plaintiff no. 13A and 13 E present.
Consent terms is filed in respect of flat no. 602.  It is taken on record.
Ld. counsel for the deft. no.  19 pointed out that consent terms in respect of flat no. 606 was filed on earlier date.  It is also on the record.  Hence taken on record.
Reply to chamber summons no. 74/19 filed on behlalf of plaintiff no. 26.  O-Read and recorded.
The parties are contemplating for settlement of the matter hence, matter is adjourned to 3.7.2019.
Next Purpose: SETTLEMENT
Next Hearing Date: 03-07-2019

Date: 03-07-2019

Date: 03-07-2019
Business: Adv. Vipin Kamdi for plaintiff present.
Adv. Bhatia for deft. no. 23 present.
Adv. K. T. Kukreja with Adv. Devang Shah for deft. no. 3 present.
Adv. Bambwani for deft. nos. 15, 19 and 22 present.
Affidavit of plaintiff no. 28a filed.  O-Seen.
The Adv Sarita Jonde for applicants in Chamber Summons No. 74/19 and 75/19  present.  She submit that she will file affidavit of service to demonstrate that she had made service of chamber summons to all the parties to the suit. In case the applicants in the above chamber summons  had not served the parties to the suit, then the applicants in chamber summons to serve the chamber summons to the other parties to the suit before next date.
Adjourned for chamber summons hearing to 30.7.2019 at 2.45 pm.
Next Purpose: SETTLEMENT
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: Adv. Lalit Madhrani for original plaintiff no. 26 present.
Adv. Dusane for plaintiff present.
Adv. Devang Shah for defendant no. 3 present.
Adv. Singh for applicant in chamber summons no. 591/19
Adv. for defendant no. 19 present.
Adv. Yadav for applicant in NM No. 1029/19 present.
Adv. Raju Krishnani for plaintiff no. 13(a) present.
Adv. Bambani for defendant nos. 15, 19 and 22 present.
Affidavit filed on behalf of defendant no. 22 of his vendor.
None present on behalf of the applicant in chamber summons no. 74/19 and 75/19.
Affidavit in respect o service of chamber summons not filed.
Put chamber summons no. 74/19 and 75/19 for dismissal order.
Adv. Yadav tendered registered NM No.1029/19.
The Ld. Counsel for the applicant in Chamber Summons No. 591/19 seeks time to serve the copy of the Chamber summons.  Granted as a last chance.
Adjourned for compliance and hearing on chamber summons to 27.8.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 31-08-2019

Date: 27-08-2019

Date: 27-08-2019
Business: Adv. Lalit Madhrani for original plaintiff no. 26 present.
Adv. Singh for applicant in chamber summons no. 591/19
Adv. Kumar T. Kukreja with Adv. Deven Dhurve I/b Adv. Devang Shah for defendant no. 3 present.
Adv.  M. L. Kukreja for defendant nos. 1 and 2 present.
Adv. Mamta Sad for defendant nos. 15, 19 and 22 present.
Vakalatnama filed by Adv. Alok Singh for the applicant in chamber summons no. 74/19.
Vakalatnama filed by Adv. Alok Singh for the applicant in chamber summons no. 75/19.
Application filed on behalf of applicant in chamber summons no. 74/19 for removal of application from dismissal caption.
Application filed on behalf of applicant in chamber summons no. 75/19 for removal of application from dismissal caption.
Order below Exh. 54 and 55
Read applications.  Heard.  Considering the reasons mentioned in the applications, the applicant is permitted to prosecute the respective chamber summons  i.e. 74/19 and 75/19 and the order of  dismissal is called back.  Applicant to supply the copy of the chamber summons to the respective parties.
_____________________________________________
Adjourned for compliance and hearing on chamber summons to 31.8.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 31-08-2019

Date: 27-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 31-08-2019

Date: 27-08-2019

Date: 31-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2019

Date: 31-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2019

Date: 31-08-2019
Business: Adv. Lalit Medhrani with Adv. K. M. Bhatia for plantiff no. 26 present.
Plaintiff no. 26 present.
Adv. Kumar T. Kukreja with Adv. Deven Dhurve I/b Adv. Devang Shah for defendant no. 3 present.
Adv.  M. L. Kukreja for defendant nos. 1 and 2 present.
Adv. Singh for applicant in chamber summons no. 591/19
Adv. Alok Singh for applicant in chamber summons no. 74/19 and 75/19.
Affidavit of Service filed on behalf of applicant in  chamber summons no. 74/19 and 75/19
Reply filed on behalf of plaintiff nos. 13A to 13E to chamber summons no. 75/19. TOR.
Adjourned for reply to chamber summons to 7.9.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2019

Date: 31-08-2019

Date: 31-08-2019
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Adv. Bhavin Gade along with M. Barai I/b M.B. Bora for pltff no.13(a) to 13(e).
Adv. Lalit Mdhrani along with Adv. K.M. Bhatia for pltff no.26 present.
Adv. U.V Singh for applicant present.
Adv. Kumar T. Kukreja with Adv. Deven Dhurve I/b Adv. Devang Shah for defendant no. 3 present. Adv. M. L. Kukreja for defendant nos. 1 and 2 present.
Advocate Mahesh Kukreja for deft no.1 and 2 files reply to registered Ch/s No. 591/19 and 1029/19 t.o.r.
Vakalatnama files Adv. Aniket Khadse for pltff.
O Seen and filed.
Application of Original Plaintiff No.26 for direction to the Court Receiver for submitting the Report.
Matter is adjd to 24.09.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-09-2019

Date: 24-09-2019
Business: Adv. Lalit Madhran with Adv. K. M. Bhatia for plaintiff no. 26 present.
Adv. Singh for applicant in CS no. 74/19 and 75/19.
Adv. Nikhil Rajeshirke for plaintiff no. 32 present.
Adv. Mrityunjay for plaintiff nos. 13(a) to 13(e) present.
Adv. Kumar T. Kukreja with Adv. Deven Dhurve I/b Adv. Devang Shah for defendant no. 3 present.
Adv. M. L. Kukreja for defendant nos. 1 and 2 present.
Adv. Sad for applicant in chamber summons no. 2037/18 present.
None present for applicant in chamber summons no. 1029/19.  Put NM No. 1029/19 for dismissal.
Heard arguments on Chamber Summons no. 74/19, 75/19 and  2037/18.
Adjourned for order on chamber summons nos. 74/19, 75/19 and  2037/18 to 5.10.2019.
LO
Applicant no. 1 in chamber summons no. 1029/19 present.  He seeks leave to argue the chamber summons. Liberty granted to argue.
Heard  applicant no. 1 on CS No. 1029/19.
Adjourned for hearing on CS no. 1029/19 and 519/19 and order on chamber summons nos. 74/19, 75/19 and  2037/18 to 5.10.2019.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-10-2019

Date: 05-10-2019

Additional Case Details

Additional Case Details
Filing Number: 100523/2019
Filing Date: 11-01-2019
First Hearing Date: 11th January 2019
Decision Date: 05th October 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
05 Oct 2019

Order Details: Chamber summons Pdf Text: Ch/s no.75/2019 1 IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY CHAMBER SUMMONS NO.75 OF 2019 CNR NO.MHCCO10004532019 IN S.C. SUIT NO.204 OF 1990 1. Mrs.Rakhi Asandas Techwani and ors ..Plaintiffs Versus 1. M/s. Mahesh Associates ..Defendants and others and Varsha Kirit Shah ..Applicant Ld. advocate Bhatia for plaintiff No.26 Ld. advocate Nikhil Rajeshirke for plaintiff no.32 Ld. advocate Bhavin Gada for plaintiff nos.13(a) to 13(e) Ld. advocate Ms.Babita Kesharwani for defendant nos.14(c),…

Read Full Order

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