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Commercial Suit

Vipin Harishchandra KamdiVsTridev Constructions +1 more

CNR MHCC01001034202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 30th August 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100877/2021
Registration Date
05 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 37

Case History / Proceedings

Case History
Date: 19-03-2020
Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
By Precipe,
Adv for deft. no.1 and 2 Mr.Mahale present.
He filed VP. Keep for Order.
Matter is Adjd for Report to 29.04.2020.
Next Purpose: REPORT
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 21-07-2020

Date: 21-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 28-10-2020

Date: 28-10-2020
Business: Advocate Mr. Pradhuman Chauhand for the plaintiff present.
Advocate Ms. Kamble for the defendant present.
Matter adjd to 08.02.2021 for report.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: By Precipee.
NOB.TOB
Adv. Praduman Chauhan for the plff has filed affidavit of service t.o.r marked at Exh.2.
He has also tendered  draft Summons for Judgment.
O- Leave granted to register.
Summons r/o 08.02.2021.
Next Purpose: REPORT
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on Leave
Next Purpose: REPORT
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: By Pracipe.
NOB.TOB.
Adv. Poonam Kamble for defendants present.
Adv.for defendant tendered draft CH/S. O- Leave granted to register.
Adv.for defendant filed leave to defend.
Already adj to 26.03.2021.
Next Purpose: REPORT
Next Hearing Date: 26-03-2021

Date: 26-03-2021
Business: Adv. Chavan for the plaintiff is present.
Adv. Saila Salvi for the defendant is present.
Adv. for the deft has tendered original CH/S No. 414/21.
Order below CH/S No. 414/21
Perused the chamber summons which is supported by an affidavit of partner of defendant firm Tridev Construction by name Deepak Gosar. The Plaintiff by filing say on it has opposed the same. I have heard Ld. Adv. Shri Chavan for plaintiff and Adv. Salvi for the defendant. In the case in hand the defendant has already given appearance by filing their appearance on 24.02.2021. It is submitted that the defendant due to inhealth was bedridden and there is delay of five days in giving the appearance. Even other wise the record shows that on 19.01.2021 it self the plaintiff has tendered the draft Summons for Judgment and till today the registered Summons for Judgment No. 16/21 is not placed on record. Considering the reasons mentioned in the affidavit in support of chamber summons and as already Summons for Judgment is registered, in my opinion the delay of five days for securing appearance by the defendant can be condoned in the interest of Justice. Hence, I pass the following order-
                                        ORDER
Chamber Summons No. 414/21 is allowed and made absolute in terms of prayer clause (a) and (b).
Chamber Summons is disposed of accordingly.
Matter adjd for tendering registered SJ and reply on 28.04.2021.
Next Purpose: REPLY
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 10/08/2021.
Next Purpose: REPLY
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Matter pertains to CR No.32.
(In-Charge of CR No.32)
Adv.P. Chavhan a/w. Adv.Vipin Kamdi for plaintiff present.
Adv.Aditya Lombar for defendant present.
Adv.Vipin Kamdi tendered registered summons for judgment No.16/2021 t.o.r.
Matter ajdd to 13.08.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv.Vipin Kamdi for plaintiff present.
Adv.Sailee Salvi for defendant present.
Copy of letter on letter head of plaintiff advocate received through department t.o.r. It is marked as Exh.3
Adv.of plaintiff wants to file reply to affidavit of support for leave to defend.
Matter adjd to 30.08.2021 for reply by the plaintiff and argument on leave to defend/SJ.
Next Purpose: REPLY
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
Adv.Dipika Bafna for defendant present.
KB
LO at 12.47 pm
Adv.Pradhuman Chavhan a/w. Adv.Vipin Kamdi for plaintiff present.
Adv.Dipika Bafna for defendant present.
Adv. of plaintiff filed application for withdrawal of the suit, Exh.4 t.o.r.
         Heard the plaintiffs advocate and defendants advocate. The defendants advocate submits that the defendant has no objection for withdrawal of suit.
ORDER BELOW EXH.4
           Read the application. Heard the Adv. of plaintiff and defendant. The plaintiff wants to withdraw the suit, unconditionally as there is settlement between the parties. Hence, permission is granted to withdraw the suit unconditionally. I proceed to pass order below Exh.1.
F.R.S.R. the following order is passed
ORDER BELOW EXH.1
1. The suit is dismissed as withdrawn.
2. Summons for Judgment No.16/2021 is dismissed as suit is withdrawn.
3. The plaintiff is entitled to refund of court fees as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 30-08-2021

Additional Case Details

Additional Case Details
Filing Number: 101209/2020
Filing Date: 27-01-2020
First Hearing Date: 19th March 2020
Decision Date: 30th August 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Aug 2021

Order Details: Order below exhibit Pdf Text: 1 Order below Exh.1 in Comm. Su. No.877 of 2021. MHCC010010342020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY ORDER BELOW EXHIBIT 1 IN COMMERCIAL SUIT NO.877 OF 2021 (OLD SUMMARY SUIT NO.256 OF 2020) Vipin Harishchandra Kamdi ]...Plaintiff Versus 1. Tridev Constructions 2. Mehul Gosar ]..Defendants CORAM : HIS HONOUR JUDGE SHRI. RAJESH A. SASNE (C.R.No.32) DATED : 30th August, 2021. Appearance : Ld. Advocate Pradhuman Chavhan a/w Adv. Vipin…

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