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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Chetana Book DepotVsAllabaksh Isak Tamboli

CNR MHCC01000788201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 27th April 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100359/2019
Registration Date
01 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1M/s. Chetana Book Depot

    Respondent

    1. 1Allabaksh Isak Tamboli

    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: None present
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 19/12/19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: P.O. is on leave.
Matter is adjd to 08/01/2020  for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Lakhani plaintiff present.
Adv. For defendant absent.
Plaint
Vakalatnama
Memorandum of address
List of document
Adv. for plaintiff filed application for issuance of fresh summons.
Order- issue fresh summons as prayed.
Matter is adjd to 30.01.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Representative of the plaintiff Present.
Defendant absent.
Adv. Lakhani for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 25.02.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Lakhani for plff. Present.
Adv. For deft. Absent.
Adv. For the plff. Filed issuance of fresh writ of summons. Exh-6
Order- issue fresh suit summons as prayed.
Matter is adjd to 07.04.2020 for report
Next Purpose: REPORT
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 18-04-2020

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

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

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

Date: 16-06-2020
Business: National Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 24-09-2020

Date: 24-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 22.03.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv Sudhakar Lakhani for the plff present
Matter is adjd to 25.06.2021 for Report
Next Purpose: REPORT
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 26.08.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: COURT IS VACANT
Next Purpose: REPORT
Next Hearing Date: 13-10-2021

Date: 13-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Nikilesh Yadav for plaintiff present.
None for defendant.
Adv for plaintiff filed application for issue fresh original writ of summons upon the defendant. TOR. O- Allowed as per rules.
Matter is adjd to 11.02.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Adv Madhuri Lakhani for plaintiff present.
Matter is adjd for report on 08-04-2022
Next Purpose: REPORT
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: P.O. is on training.
Next Purpose: REPORT
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: As court is busy in R/E in SU No. 6747/05, SC 1172/19, SC 1996/19 and Final Arguments in SC No. 1902/2019.  Hence, board is discharged.
Matter adjourned to 29/09/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Lakhani for Plaintiff present.
Advocate for plaintiff submits that defendant is not found on the given address and he needs some time to take proper steps.  Time granted as prayed for.
Matter adjd. to 09.12.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 15/02/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv.Madhuri Lakhani for plaintiff present.  She seeks time to get proper address of defendant. Time granted as a last chance.
Matter is adj to 27/04/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Sudhakar Lakhani for plaintiff present.   He filed application for withdrawal of the suit along with the email received by him from the plaintiff in that regard, application is marked as Exh-7.
   It is submitted that defendant is absconding, plaintiff wish to withdraw the suit.
     In view of the said submission, I pass following order-
                                   ORDER
1.Summary Suit No.359 of 2019 is permitted to be withdrawn unconditionally.
2.Plaintiff is entitled for refund of court fees, as per rules.
3.Summary Suit No.359 of 2019 stands disposed of accordingly.
Nature Of Disposal: WITHDRAWL
Disposal Date: 27-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100794/2019
Filing Date: 18-01-2019
First Hearing Date: 25th April 2019
Decision Date: 27th April 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Apr 2023
    Order Details: Other
Pdf Text: 23
27/04/2023
SUM 359/19
Exh7
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
Adv.Sudhakar Lakhani for plaintiff present. He filed application
for withdrawal of the suit along with the email received by him
from the plaintiff in that regard, application is marked as Exh7.
It is submitted that defendant is absconding, plaintiff wish to
withdraw the suit.
In view of the said submission, I pass following order
ORDER
1.Summary Suit No.359 of 2019 is permitted to be withdrawn
unconditionally.
2.Plaintiff is entitled for refund of court fees, as per rules.
3.Summary Suit No.359 of 2019 stands disposed of accordingly.
Judge
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