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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

M/s. Standard Retail Pvt. Ltd.VsM/s. India Steel Works Ltd. and Ors.

CNR MHCC01000962202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 09th February 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100013/2020
Registration Date
27 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Mahadev Pawar for plff. Present.
    Adv. Ashish Gupta for deft. no.1, 3 to 8, 10 to 12 present.
    Adv. For the plff. Tendered registered S/J No. 13/2020 @ affidavit in support. t.o.r.
    Matter is adjd to 21.02.2020 for reply of S/J.
    Next Purpose: REPLY
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Nishad Shah for plff. Present.
    Adv. Ashiwini Landge for deft. no.1 and 3 to 8 and 10 to 12 Present.
    Adv. Manish Pawar for deft. No. 3 to 8 and 10 to 12 present.
    Adv. For the deft. Filed affidavit in support of reply leave to defend. Order- Seen and filed.
    Matter is adjd to 16.04.2020 for reply of plff.
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 27-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: P.O. is on Leave.
    Due to Covid-19 Pandemic none appeared.
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 22.04.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 08/07/2021 for  Reply
    Next Purpose: REPLY
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: None present for plaintiff.
    Adv. Ms. Ashwini Landge for defendant Nos. 1, 3 to 8 and 10 to 12 present.
    Due to rise in Covid cases, Adjd to 23.07.2021 for reply on SJ.
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: In view of office order No.106/21 dated 14.06.2021 only urgent matters are taken for hearing.  Hence, board is discharged.
    Next Purpose: REPLY
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: P.O. is on leave, hence adjd to 18.08.2021.
    Next Purpose: REPLY
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None for plaintiff.
    Adv. Aastha Golecha for deft. nos.1, 3 to 8, 10 and 12 present.
    K.B.
    L.O.
    Adv. Mahadev Pawar for plaintiff present.
    The matter is adjd for hearing on S/J to 15.09.2021 at 02.45 pm.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Adv. Mukesh Dongarge for plaintiff present.
    Adv. Ashish Gupta for deft. nos.1, 3 to 8 and 10 to 12 present.
    K.B.
    L.O.
    Adv. Mahadev Pawar for plaintiff present.
    Adv. Ashish Gupta for deft. nos.1, 3 to 8 and 10 to 12 present.
         Adv. For deft. nos. 1, 3 to 8 and 10 to 12 tendered copy of letter sent to plaintiff\''s advocate dated 13.11.2019 along with copy of death certificate of deft. no.2.  T.O.R.
          As per copy of death certificate filed on record, deft. no.2 Ashwinkumar Gupta passed away on 07.05.2019. Therefore, suit as against deft. no.2 Ashwinkumar Gupta  stands abated.
        As per service affidavit (Exh.5), deft. no.9 Anant Badjata is duly served with writ of summons.  But, he failed to appear before the Court. Therefore, suit to proceed without appearance of deft. no.9.
           Adv. For deft. nos. 1, 3 to 8 and 10 to 12 is directed to supply copy of reply affidavit to plaintiff\''s advocate.
    The matter is adjd for hearing on S/J to 14.10.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Dishya Pandey i/b. Adv. Bhupender Singh and Adv. Shreyas Shrivastava for plaintiff present.
    Adv. Ashish Gupta for deft. nos.1, 3 to 8, 10 to 12 present.
    Mr. Avdhesh Sharma, representative of deft. nos. 1, 3 to 8, 10 to 12 present.
    Adv. Ashish Gupta submits that he will be filing appropriate application for his discharge from the matter.
    Representative of deft. nos. 1, 3 to 8, 10 to 12 sought time for making appointment of new advocate.
    O. - Matter pertains to the year 2019 and it is kept for hearing on summons for judgment. Therefore, adjournment is granted for today as a last chance.
    The matter is adjd for hearing on S/J to 09.11.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: P.O. is on leave.  Matter is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv. Dishya Pandey for plaintiff present.
    Adv. Ashish Gupta i/b. Lexim Associates for deft. nos.1, 3 to 8, 10 to 12 present.  He seeks time for taking out chamber order for his discharge from the matter.  Time as prayed for is granted as a last chance.
    The matter is adjd for hearing on S/J to 01.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Dishya Pandey for plaintiff present.
    Adv. Ashish Gupta i/b. Lexim Associates for deft. nos.1, 3 to 8, 10 to 12 present.
    Adv. For  deft. nos.1, 3 to 8, 10 to 12 tendered draft Ch/sum.  Leave to register Ch/sum is granted.
    ORDER BELOW DRAFT CH/SUM
        This Ch/sum is taken out by Adv. for deft. nos.1, 3 to 8, 10 to 12 seeking discharge to client as per rule 359-B of the Bombay City Civil Court Rules, 1948.  Ch/sum is supported by affidavit.  But as per rule 359-B of the Bombay City Civil Court Rules, 1948, he has not given notice to his client.  He is directed to comply rule 359-B of Bombay City Civil Court Rules, 1948.
    Exh.7 - Vakalatnama filed by Adv. Dishya Pandey on behalf of plaintiff. T.O.R.
    The matter is adjd for compliance on Ch/sum to 10.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv. Dishya Pandey for plaintiff present.
    Adv. Ashish Gupta i/b. Lexim Associates for deft. nos.1, 3 to 8, 10 to 12 present.
    Adv. For deft. nos.1, 3 to 8, 10 to 12 tendered registered Ch/sum no.1799/21.  T.O.R.
    ORDER BELOW CH/SUM NO.1799/21
       This Ch/sum is taken out by Adv.  For deft. nos.1, 3 to 8, 10 to 12 seeking discharge to his client.  Notice of intended discharge is given to the parties. Therefore, Ch/sum No.1799/21 is made absolute. Adv. Ashish Gupta i/b. Lexim Associates for deft. nos.1, 3 to 8, 10 to 12 is discharged to his client.  Ch/sum No.1799/21 is disposed of accordingly.
    Adv. Astha Gholecha for deft. nos.1, 3 to 8, 10 to 12 present.
    Exh.8 - Vakalatnama of Ragini Singh and Associates is filed on behalf of  deft. nos.1, 3 to 8, 10 to 12.  T.O.R.
    Adv. For deft. nos.1, 3 to 8, 10 to 12 undertakes to serve copy of reply affidavit to Adv. For plaintiff.
    On request of both the parties, the matter is adjd for hearing on S/J to 15.12.2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Shreyas Shrivastava for plaintiff present.
    None for defts.
    Adv. For plaintiff submits that he has received copy of reply affidavit on 10.12.2021.
    On oral request of Adv. For plaintiff, the matter is adjd for hearing on S/J to 05.01.2022.
    L.O. at 03.10 pm.
    Adv. Aastha Golecha for deft. nos.1, 3 to 8, 10 to 12 present.
    The matter is already adjd for hearing on S/J to 05.01.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv. Shreyas Shrivastava for plaintiff present.
    Adv. Benita Kapadia i/b. Ragini Singh and Associates for deft. nos.1, 3 to 8, 10 to 12 present.
    Adv. For plaintiff sought time for hearing on S/J.  Time as prayed for is granted.
    The matter is adjd for hearing on S/J to 13.01.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Ld. Adv. Shreyas Srivastava for plaintiff present
    Ld. advocate Ms.Benita Kapadia I/b Ragini Singh and Associates for defendant Nos.1, 3 to 8 and 10 to 12.
    Adv. For plaintiff filed written arguments on S/J No.13/20.  Copy thereof is served to adv. For defendant Nos.1,3 to 8 and 10 to 12.  Adjd for arguments of defendants to 02.02.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: Representative of Plaintiff company present.
    Adv. Dishya Pandey for Plaintiff present.
    Adv. Astha Golecha for deft. nos. 1,3 to 8 and 10 to 12 present.
    Heard both side on S/J no. 13 of 2020.
    The matter is adjd for order on summons for judgt. to 09.02.2022.
    Next Purpose: ORDER
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Adv. Dishya Pandey for plaintiff present.
    Adv. Aastha Golecha and Adv. Benita Kapadia i/b. Ragini Singh and Associates for deft. nos.1, 3 to 8 and 10 to 12 present.
    F.R.S.R. following order is passed below S/J No.13/20 -
    ORDER
    1.    Summons for Judgment No.13 of 2020 is dismissed.
    2.   Unconditional leave to defend the suit is granted to defendant nos.1, 3 to 8 and 10 to 12.
    3.   Defendant nos.1, 3 to 8 and 10 to 12 shall file their written statement within 30 days from today.
    4.     No order as to costs.
    5.     Summons for Judgment No.13 of 2020 is disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 09-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101135/2020
    Filing Date: 27-01-2020
    First Hearing Date: 17th February 2020
    Decision Date: 09th February 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Feb 2022

    Order Details: Other Pdf Text: 1 Order in S/J No.13/20 MHCC010009622020 Presented on : 27/01/2020 Registered on: 27/01/2020 Decided on: 09/02/2022 Duration: Y M D 2 0 13 BEFORE THE CITY CIVIL COURT, GR. BOMBAY ( Court No.14 ) (Presided Over by Sunil U. Hake) SUMMONS FOR JUDGMENT NO.13 OF 2020 IN COMMERCIAL SUIT NO.433 OF 2021 (SUMMARY SUIT NO.522 OF 2019) M/s. Standard Retail Pvt. Ltd. Having their office at 2/3, Ashok Chambers, Devji Ratansy Marg, Carnac Bunder, Masjid…

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