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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Dhiraj Kumar KhemlaniVsGimmicks Global And Anr

CNR MHCC01001020201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 31st January 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100038/2019
Registration Date
28 Jan 2019

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: 13-02-2019
    Business: Adv. Ansul Bhuta for Plaintiff present.
    Adv. K. Dubey for Defendant present.
    Advocate for plaintiff has filed registered S/J no.38/19 alongwith affidavit, TOR. So also advocate for plaintiff has filed service affidavit of S/J, TOR.
    Advocate for defendant has filed draft Chamber Summons alongwith affidavit, TOR.
    Order Leave is granted to register the Ch/s.
    The advocate for plaintiff has given the say on Ch/s.
    Order below Ch/s
              Read the Chamber Summons and reply. Heard. It appears that there is a delay of three days in filing the reply to the S/J and leave to defend. Considering the reason mentioned in the Chamber Summons, in the interest of justice required to allow the Chamber Summons. Hence Chamber Summons is made absolute, the delay for filing the reply, seeking leave to defend is hereby condoned. Ch/s is disposed of. Chamber Summons  be send for registration for statistical purpose.
    The advocate for defendant has filed the affidavit in reply, it is TOR.
    Matter is adjd. to 01/03/2019 for Rejoinder to the reply by plaintiff.
    Next Purpose: REJOINDER
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Adv. Bhuta for Plaintiff present.
    Adv. K. K. Dubey for Defendant present.
    On the oral request of the advocate for plaintiff,
    Matter is adjd. to 28/03/2019 for Filing rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: Adv for plaintiff Mr.Choudhary present
    Adv for deft Mr.Duybey present
    Adv for deft submitted draft C/S along with affidavit
    O-Leave granted to register C/S
    Deft submitted original C/S No. 378/19 which is already disposed off on 13/02/2019
    Adv for deft submitted affidavit of service to produced documents.
    Adv for plaintiff stated that he will file rejoinder to the reply of defendant.
    Matter is Adjd for S/J Hearing to 16/07/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. Mr. Bhuta for plaintiff present.
    None for defendant present.
    Rejoinder in reply filed by adv for plaintiff. Copy be served to other side.
    Exh.1- Plaint
    Exh.2- V.P.
    Exh.3- Memorandum of address.
    Exh.4- List of Documents.
    Exh.5- application for instruction of documents filed by plaintiff order. other side to say.
    Copy be served to other side.
    Matter is adjd for reply on Exh.5 on 03.09.2019.
    LO at 2.50 p.m.
    Adv. Mr. Amol Kumaria for deft. Nos. 1 and 2 Present.
    Registered Ch/s no.976/19 a/w affidavit tendered by adv for deft.
    Copy be served to other side.
    Matter is adjd for reply on Ch/s and reply on Exh.5 on
    03.09.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Matter called out(4.29pm)
    Adv. Vedika Phadte for plaintiff present.
    Adv.Abhishek for def.no.1 and 2 present.
    Matter adj for reply on 15/10/19.
    Next Purpose: REPLY
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Matter called out at 3.56 pm.
    Adv Mr. Ansul Bhuta for plff. present.
    Adv Mr. Amol Kumeria for deft nos. 1a nd 2 present.
    Plff. seeking time to file reply to Ch/s no. 976/19 . Time granted. Deft filed reply to SJ No. 38/19. Copy supplied to other side. TOR.
    Matter is adj for hearing of Ch/s on  04.12.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Matter called out(3.33pm)
    None for plaintiff .
    Adv.Yash Bhatia h/f Adv. Amol Kumeria for defendant no.1 and 2 present.
    Plaintiff failed to file reply to C/S No.976/19.  Hence, put for no reply order.
    Matter is adj to 31/01/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Court is busy hearing on N/M No.3485 of 2019, N/M No.3486 of 2019 and N/M No.3506 of 2019.
    Adv.Ansal Bhuta for plaintiff present.
    Adv.Amol Kumeria for defendant present.
    By consent.
    Matter is adj to 13/03/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Matter is called out at 3.10pm
    Adv.Ansul Bhuta i/b Bhuta and Associates for plaintiff present.
    Defendant and his advocate absent.
    Adv. for plaintiff tendered reply on C/S No.976/19.T.O.R
    Matter is adj to 19/06/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Gupta for plaintiff present.
    Adv. Tanishka Desai for defendant no. 1 and 2 present and tendered Vakalatnama of defendants no. 1 and 2. T.O.R. mark at Exh.6
    Adjd to .17.04.2021 for Ch/Sum Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: Declared as holiday.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: Adv. Tanishka Desai for defendant present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for Ch/s hearing to 09/09/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Court is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Mr. Saurabh, registered clerk of adv. For plaintiff present and stated that advoate is held up in another court.
    Adv. Nishank Rathod For defendant No. 1 and 2 present.
    Adjd for Ch.s hearing to 13/01/2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Dt.13/01/2022
    Sum 1153/18
    CS 976/19
    SJ 38/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 11.25 am
    None present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for ch/s hearing to 17-03-2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. For plaintiff present and seeking adjournment as his senior not available.
    Adv. For defendant present.
    Adjd for chs/SJ hearing to 22/06/2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: NOB-TOB Issue notice to both the parties to appear before National Lok-adalat which is going to be held on 13.08.2022. Matter is adjd.to 13/08/2022 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Both parties are absent.
    Matter is not settled.
    Case is adjourned to 13.10.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Matter is adjourned to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-01-2023
    
    Date: 04-01-2023
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: matter is adjourned to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Jugal Deriya for plaintiff present and seek time for  hearing. Time granted till next date.
    Adv. P. Zaiwala for defendant present.
    Matter adjourned for hearing to 21/08/2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. Akshata Pawar for plaintiff present and filed written notes of argument. TOR and marked as Exh.. Copy placed on record for other side.
    None For defendant present.
    Matter adjourned for argument P. H. of defendant to 11/09/2023.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: None  For plaintiff present.
    Adv.Parichehr Zaiwalla For defendant present and seek adjournment for filling written notes of argument. O-Adjournment granted as last chance.
    Matter adjourned for argument P. H. to 25/09/2023.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: None  For plaintiff present.
    None For defendant present. KB.
    L. O.
    Adv. Akshta Pawar for plaintiff present.
    None for defendant present.
    On the last date conditional order was passed and last chance granted to defendant to argue the matter as plaintiff already submitted written notes of argument. Then also defendant not present and failed to argue the matter, hence matter be kept for order on SJ no. 38 of 2019.
    Matter adjourned for order on SJ no. 38 of 2019 to 16/10/2023.
    Next Purpose: ORDER
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: Adv. Shivani Giri for plaintiff present.
    Adv. Dipti Shah for defendant present.
    Matter adjourned for NM hearing/ order to 10-11-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: None For plaintiff present.
    Adv. Ruchi Gandhi for defendant present and seek adjournment on ground that advocate on record is not feeling well today. O-Adjournment granted as last chance.
    Matter adjourned for 07/12/2023 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Adv.  Akshata Pawar for plaintiff present.
    Adv. Smita Sawant for defendant present and seek adjournment for filing written submission. O-Adjournment granted as last chance.
    Matter adjourned for NM hearing to 17/01/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: Adv. Snehal Mishra a/w Ansul Bhuta  For plaintiff present.
    Adv.  Smital Sawant for defendant present.
    Heard both sides.
    Matter adjourned for order on SJ to 31/01/2024.
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2024
    
    Date: 31-01-2024
    Business: None  For plaintiff present.
    Adv. Smital Sawant for defendant present.
    FRSR following order passed on summons for Judgt no. 38 of 2019
    S.J. 38/2019
    - ORDER -
    1. Summons for Judgment No. 38/2019 stands rejected.
    2. The conditional leave to defend granted to the defendant subject to deposit of Rs.2,50,000/- in the court within the period of 8 weeks from today.
    3.Depositing abovesaid amount within time is a condition precedent.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 31-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101079/2019
    Filing Date: 28-01-2019
    First Hearing Date: 13th February 2019
    Decision Date: 31st January 2024
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Jan 2024

    Order Details: Other Pdf Text: Summons for Judgment No. 38/2019 in 1 Order. Sum.Suit No. 1153/18. MHCC010010202019 Presented on : 28-01-2019 Registered on : 28-01-2019 Decided on : 31-01-2024 Duration : 5 years, 0 months, 3 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. SUMMONS FOR JUDGMENT NO. 38 OF 2019 IN SUMMARY SUIT NO. 1153 OF 2018 Dhiraj K. Khemlani ) 24, New Blue Gardenia, ) 7th Floor, Peddar Road, ) Mumbai 400 026 )...Plaintiff Versus 1) Gimmicks…

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