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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mrs. Gayatri Rajesh NarangVsMr. Dhaval Shah +1 more

CNR MHCC01000951201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 08th October 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100294/2019
Registration Date
13 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 09-04-2019
    Business: Adv for deft Ms.Ami Brahmbhatt present
    Matter is Adjd for Affidavit of Service/Steps to 21/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: Adv. Yusuf for plaintiff present.
    Adv. Ms. Ami Brahmbhatt for deft. Present.
    By consent of both the parties v/p is held to be filed within time.
    Plff to file SJ.
    Adjd. for steps to 19.11.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: Adv. Yusuf Rampurawal for plaintiff present.
    Adv. Viraj Bansode for defendant present.
    Draft summons for judgment already on record leave to registrar S/J.
    Order - Granted to registrar.
    Matter is adjd to 28.11.209  for reply/service.
    Next Purpose: REPLY
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adv. Yusuf Rampurawala for plaintiff present.
    Adv. Miraj Bansode for defendant present.
    Original summons for judgment No. 268/19 T.O.R.
    As per oral request Matter is adjd to 21.12.2019 for Hearing on S/J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. for plff. Absent.
    Adv. Viraj Bansod For deft present.
    He filed draft NM alongwith support of affidavit t.o.r.
    Order . Leave granted to register the draft NM.
    Matter is adjd to 20.01.2020 for Service of NM.
    Next Purpose: SERVICE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff and his advocate absent.
    Defendant absent.
    Adv. Bansod For deft. Present.
    Adv. For deft. Filed register NM no. 4933/19 @ support of Notice of Motion.
    Matter is adjd to 15.02.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Yusuf Rampurawal for plff. Present.
    Adv. Vinay Taliwal for deft. Present.
    Adv. For the plff. Filed reply on Notice of Motion.
    Adv. For the deft. Tendered registered Notice of Motion @ affidavit in support. t.o.r.
    Argument heard.
    FRSR following order is passed.
    ORDER
    1. The Notice of Motion no.4933 of 2019 is allowed, subject to costs of Rs.500/- to be paid by defendants to the plaintiff, on or before next date.
    2. The defendants are granted permission to put their reply/leave to defend to the Summons for Judgment in the interest of justice.
    3. The Notice of Motion No.4933 of 2019 is disposed of.
    Matter is adjd to 11.03.2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Plaintiff and his advocate absent.
    Defendant absent.
    Adv. Bansod for deft. Present.
    Adv. Deft. To deposit amount as per order dated 15.02.2020 in this office vide receipt No. 0736140 dated 11.03.2020 amount of Rs. 500/-
    Adv. For the deft. Filed reply to s/j t.o.r.
    Matter is adjd to 24.03.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: Due to Covid-19
    Matter is adjd to 05/12/2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Yusuf Rampurwala for plff. Present.
    Adv. for deft. absent.
    Matter is adjd to 06.01.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 09.03.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Nevty N. Thakkar I/b Tushar Goradia for the deft. present.
    Matter is adjd to 23.03.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Nevty N. Thakkar I/b Mr. Tushar Goradia for the deft present.
    Matter is adjd to 07.06.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 19/07/2021 for S/J Hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 21.09.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: None present.
    Matter is adjd for SJ hearing to 22.03.2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: None present for Plaintiff.
    SJ 268/19	Adv. Mr. Bansod for Defendant present.  He submits that since long time Plaintiff is absent for hearing on S/J.  Considering prevailing COVID-19 situation in the year 2020 and 2021, I find it just to offer one more opportunity to the Plaintiff to workout S/J.  Hence, matter adj. to 21/06/2022 for S/J Hearing/Order.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: None for Plaintiff.
    Adv. Viraj Bansod for Defendant present.
    By order dtd. 22.03.2022 this court had keep this matter for order  as plaintiff is absent since long time. Today also plaintiff is absent and S/J is not worked out. Matter adjourned to 27.07.2022 for dismissal order of S/J.
    Next Purpose: ORDER
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    
    Date: 20-08-2022
    Business: As Court busy in arguments in Summons for Judgment No.38 of 2017 and dictating judgment in Sessions Case No.1865 of 2019, hence, board is discharged.
    Matter adjourned to 20.09.2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: None for plaintiff.
    None for defendant.
    This Court by order dated 21.06.2022, by observing the absence of plaintiff to work out SJ has kept the matter for dismissal.  In spite of the same, plaintiff and his advocate are absent.  Already the ample opportunities are granted to the plaintiff to proceed with the matter.  Still in the interest of justice, as a last chance, matter adjourned for dismissal order to 01.10.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: As court is busy argument in Suit No.4612 of 2010 and argument of Sessions Case No.92 of 2020. matter is adj to 08/10/2022 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: None for plaintiff.
    None for defendant.
    The record reveals that the summons for judgment is pending for hearing since long time.  This court by order dated 22/03/2022 had directed the parties to workout SJ without further delay.  However nobody turned up on next five dates.  Therefore the matter is kept for dismissal.
    As the plaintiff is absence since long time did not proceed with the matter, it appears that plaintiff has lost interest therefore Summons for Judgment No. 268/2019 is hereby dismissed in default.  Consequently Summary Suit No. 294/2019 also stand dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 08-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100900/2019
    Filing Date: 21-01-2019
    First Hearing Date: 09th April 2019
    Decision Date: 08th October 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    3
    Final Order 2
    08 Oct 2022
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100294/2019
    Mrs. Gayatri Rajesh Narang Vs Mr. Dhaval Shah
    Date : 08102022
    Business : None for plaintiff. None for defendant. The record
    reveals that the summons for judgment is pending
    for hearing since long time. This court by order
    dated 22/03/2022 had directed the parties to
    workout SJ without further delay. However
    nobody turned up on next five dates. Therefore
    the matter is kept for dismissal. As the plaintiff is
    absence since long time did not proceed with the
    matter, it appears that plaintiff has lost interest
    therefore Summons for Judgment No. 268/2019 is
    hereby dismissed in default. Consequently
    Summary Suit No. 294/2019 also stand dismissed.
    Nature of Disposal : DISMISSED
    Disposal Date : 08102022
    COURT 61 ASST SESSIONS JUDGE
    -- 1 of 1 --
    Interim Order 1Full order available
    15 Feb 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 4933 of 2019 in Suit No. 268 of 2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION No.4933 OF 2019 IN SUMMONS FOR JUDGMENT NO.268 OF 2019 IN SUMMARY SUIT NO.294 OF 2019. Gayatri Rajesh Narang ... Plaintif V/s. Mr. Dhaval Shah & anr. ... defendants. CORAM : HER HONOUR JUDGE SMT. S.G. SHAIKH. (C.R. NO.59). DATE : 15th February, 2020. Appearance: Mr. Nilufer B.Gadiwala, Advocate for plaintif.…

    Read Full Order
    Order 1Full order available
    15 Feb 2020

    Order Details: Notice of Motion Pdf Text: N/m No. 4933 of 2019 in Suit No. 268 of 2019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION No.4933 OF 2019 IN SUMMONS FOR JUDGMENT NO.268 OF 2019 IN SUMMARY SUIT NO.294 OF 2019. Gayatri Rajesh Narang ... Plaintif V/s. Mr. Dhaval Shah & anr. ... defendants. CORAM : HER HONOUR JUDGE SMT. S.G. SHAIKH. (C.R. NO.59). DATE : 15th February, 2020. Appearance: Mr. Nilufer B.Gadiwala, Advocate for plaintif.…

    Read Full Order

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