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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Astra Chemtech Pvt. Ltd.VsM/s. Heet Enterprises

CNR MHCC01001009202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th March 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100176/2020
Registration Date
10 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 07-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 29-07-2020
    
    Date: 29-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 07.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: By precipe
    Defendant Mr. Mihir Bilakhia present.
    He filed appearance pursis.
    O-keep for order on next date.
    Matter is already adjourned on 17.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Matter pertains to C.R.14.
    Adv. Ms. Shweta Shinde for Plaintiff present.
    Exh.2-Adv. for Plaintiff filed affidavit of service. t.o.r.
    Adjd. to 05/02/2021 for taking steps  to file S/J by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Shweta Shinde for plaintiff is present.
    None for defendant.
    On oral request of Adv. For plaintiff adjourned for filing SJ.
    Adjd for steps on 20.04.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters is taken up. Hence, board discharged.
    Matter adjd to 03/08/2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 29.09.2021  for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Plaintiff present.
    Adv  Shweta  Shinde for plaintiff present.
    None for defendant.
    Adv for plaintiff has field draft Summons for Judgment along with affidavit in support. TOR. O- Leave is granted to register it.
    Matter is adjd to 05.01.2022 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv Shwta for plaintiff present.
    Adv for plaintiff registered  Summons for Judgment No. 216/21 along with affidavit in support. TOR.
    Matter is adjd for SJ hearing to 01.02.2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-02-2022
    
    Date: 01-02-2022
    Business: None present.
    Matter is adjd for  SJ hearing on 07-04-2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Matter adjourned to 07/09/2022 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: None for the parties.
    Matter adjourned to 23.11.2022 to S.J. hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: As Court is busy in argument in SC 672/19, recording evidence in SC 1996/19 and SC 1905/19, hence second session board is discharged.
    Matter is adj to 03/02/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: None for plaintiff.
    None for defendant.
    Plaintiff has not filed affidavit of service of SJ since long time.  Hence, matter is adj to 19/04/2023 for affidavit of service of SJ.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating Judgment in Sessions Case No.208 of 2020, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 21/07/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent and has not filed service affidavit.
    Matter is adj to 26.10.2023 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and its advocate are absent.
    Service affidavit is not filed.
    Matter is adj to 02.02.2024 for filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Court is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv Prachi Dhatavkar for plaintiff is present.
    The defendant and his counsel are absent.
    The matter is very old. It is pending for filing affidavit of service for summons for judgment since 19.04.2023. The plaintiff has failed to take the steps. If plaintiff fails to take positive steps on next dated, matter will be listed for dismissal order.
    Matter is adj to 02.05.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    The plaintiff was given last chance to take the steps. The plaintiff failed to take the steps. Hence, matter be kept for dismissal order.
    Matter is adj to 06.07.2024 for dismissal order.
    Later on at 3.03 pm.
    Adv. Prachi Dhatavkar for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exhibit.
    Matter is already adj to 06.07.2024 for hearing on affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-07-2024
    
    Date: 06-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Prachi Dhatavkar for plaintiff is present.
    Order below Exh-3
    On perusing affidavit of service of Summons for judgment at Exh-3, it appears that Summons for judgment sent to the defendant, through RPAD, is returned with remark left. However, it is stated that it is served on the defendant personally and he has signed on the letter head of the advocate of plaintiff. Though, it appears that  some signature as MHBilakia However there is no seal on the said letterhead. Therefore, it cannot be said it is proper service. Therefore,  The plaintiff is directed to take necessary steps.
    The plaintiff is given last chance to take the steps.
    Matter is adj to 23.08.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Prachi Dhatavkar for plaintiff is present and requested for adjournment to filed affidavit of service of Summons for judgment. Adjournment is granted.
    Matter is adj to 26.09.2024 for filing affidavit of service of Summons for judgment.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-09-2024
    
    Date: 26-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Prachi Dhatavkar for plaintiff is present and requested for adjournment to file affidavit of service of summons.  Adjournment is granted.
    Matter is adj to 28.11.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-11-2024
    
    Date: 28-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Representative of plaintiff is present.
    Adv. Prachi Dhatavkar for plaintiff is present and filed affidavit of service of Summons for judgment. Taken on record. On perusing affidavit of service of Summons for judgment, it appears that it is served on defendant on 12.11.2024.
    The defendant and his counsel are absent.
    Defendant failed to file reply to Summons for judgment within stipulated period. Hence, Summons for judgment be proceeded without reply of Summons for judgment.
    Matter is adj to 17.01.2025 for hearing Summons for judgment.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-01-2025
    
    Date: 17-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sneha Pokle i/b Anees Kazi for plaintiff is present and requested for adjournment to file original documents. Adjournment is granted.
    The defendant and his counsel are absent.
    Matter is adj to 12.02.2025 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-02-2025
    
    Date: 12-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sneha Pokle for plaintiff is present.
    The defendant and his counsel are absent.
    Matter is adj to 17.03.2025 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: Court is on leave
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-03-2025
    
    Date: 28-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff is present.
    Keep back.
    Later on at 1.14 pm.
    Mr. Suhas Yashwant More, representative of plaintiff is present.
    Adv. Sneha Pokale for plaintiff is present and filed an application for withdrawal of suit. Taken on record. It is marked as Exh-4.
    Order below Exh-1 and 4
    The counsel for plaintiff has filed an application below     Exh-4 for withdrawal of summary suit. Representative of plaintiff and his advocate are present. Representative of plaintiff submitted that defendant has settled the dispute.  Therefore, plaintiff does not want to proceed with the matter.
    In view of the submissions of representative of plaintiff and his advocate as well as contents in the application for withdrawal of the suit at Exh-4, the suit No. 176 of 2020 is hereby stands disposed of, as withdrawn unconditionally.
    Pending summons for judgment No.216/2021 is disposed of, as suit is withdrawn.
    The plaintiff may be entitled to refund of court fees, if provided for in the rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 28-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101013/2020
    Filing Date: 21-01-2020
    First Hearing Date: 07th April 2020
    Decision Date: 28th March 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Mar 2025
    Order Details: Other
    Pdf Text: 62
    28/03/2025
    SUM
    176/20 @ SJ
    216/21
    Exh-4
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Plaintiff is present.
    Keep back.
    Later on at 1.14 pm.
    Mr. Suhas Yashwant More, representative of plaintiff is present.
    Adv. Sneha Pokale for plaintiff is present and filed an application for
    withdrawal of suit. Taken on record. It is marked as Exh-4.
    Order below Exh-1 and 4
    The counsel for plaintiff has filed an application below
    Exh-4 for withdrawal of summary suit. Representative of
    plaintiff and his advocate are present. Representative of
    plaintiff submitted that defendant has settled the dispute.
    Therefore, plaintiff does not want to proceed with the matter.
    In view of the submissions of representative of plaintiff and
    his advocate as well as contents in the application for
    withdrawal of the suit at Exh-4, the suit No. 176 of 2020 is
    hereby stands disposed of, as withdrawn unconditionally.
    Pending summons for judgment No.216/2021 is disposed of,
    as suit is withdrawn.
    The plaintiff may be entitled to refund of court fees, if
    provided for in the rules.
    Judge
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