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SUIT - SHORT CAUSE CIVIL SUIT

Kishor Dnyaneshwar BhagatVsM/s. Britannia Biscuits Employees +4 more

CNR MHCC01001144202021-COURT 21 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101824/2021
Registration Date
02 Mar 2020
Next Hearing Date
05 Nov 2026
Case Stage
FOR TAKING STEPS

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 23-03-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: Adv. Vikas Shivgan for plaintiff present.
    Plaint.
    Vakalatnama.
    Memorandum of address.
    List of documents.
    Issue writ of summons to defendants.
    The matter is adjd for appearance to 03.12.2020.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present.
    Plaintiff to file proof of service of writ of summons to deft.
    The matter is adjd for affidavit of service to 12.02.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: By precipe.
    Adv. Patil for plaintiff present.  He seeks extension of service of writ of summons.  Granted.
    The matter is already adjd to 12.02.2021 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: By preceipe.
    Adv. S.D. Patil for plaintiff present.
    Adv. Patil filed draft N/M along with supporting affidavit.  Leave is granted to register.
    The matter is already adjd for affidavit of service to 12.02.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Shivshankar Patil for plaintiff present.
    Adv. Gangarkar for deft. no.2 present.
    Adv. Samiksha Kamble for deft. no.3 present.
    Vakalatnama filed on behalf of deft. no.2.  T.O.R.
    O. - Seen and filed.
    Vakalatnama filed on behalf of deft. no.3.  T.O.R.
    O. - Seen and filed.
    Written statement filed on behalf of deft. no.2.
    O. - Read and recorded.
    Written statement filed on behalf of deft. no.3.
    O. - Read and recorded.
    Deft. nos.2 and 3 to supply copy of written statement to counsel for plaintiff.
    Ld. counsel for plaintiff tendered registered N/M No.271/21.  T.O.R.
    The matter is adjd for compliance and reply to N/M to 01.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Shenoy for plaintiff present.
    Adv. Gangar for deft. no.2 present.
    Adv Chavan for deft no.5 present.
    Vakalatnama filed by adv Chavan deft no.5. It is TOR.
    Order Seen and filed.
    Ld counsel for deft no.2 seeks time to file reply on NM. Granted as a last chance.
    Ld counsel for deft no.5 seeks time to file reply to NM and w.s. Granted as a last chance.
    The matter is adjd for NM reply and w.s to 24/03/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Adv. Patil for plaintiff present.
    Adv. Gangarkar for deft. nos.1 and 2 present.
    Adv. Samiksha Kamble for deft. no.3 present.
    Adv. Chavhan for deft. no.5 present.
    Adv. for deft. nos.1 and 2 filed reply to N/M no.271/21. T.O.R.
    Adv. for deft. no.3 filed reply to N/M No.271/21.  T.O.R.
    Ld. counsel for deft. no.5 seeks time to file reply and written statement.  Already last chance was granted on previous date.  Suit to proceed without written statement of deft. no.5 and N/M no.271/21 to proceed without reply of deft. no.5.
    The matter is adjd for N/M hearing and service to deft. no.4 to 12.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Business: As it was declared holiday by Hon''ble High Court due to Covid-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: CORAM : H.H.J.SHRI. R. R. BHAGWAT  (C.R.NO.31)
    Both parties and their advocates are absent when called out.
    Matter is adjd.to 03-09-2021 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. S.D. Patil for plaintiff present.
    The matter is adjd for hearing on N/M to 08.09.2021.
    L.O. at 03.00 pm.
    Adv. Gangarkar for deft. nos.1 and 2 present.
    Deft. no.2 present.
    The matter is already adjd for hearing on N/M to 08.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv. S.D. Patil along with Adv. Namrata for plaintiff present.
    Adv. Gangarkar for deft. nos.1 and 2 present. Deft. no.2 present.
    Exh.10- Adv. For deft. no.2 submitted application praying for giving direction to the plaintiff for bringing legal representatives of deft. no.4 on record.
    O. - Other side to say.
    Heard Adv. For plaintiff and Adv. For deft. nos.1 and 2.
         Both of them submitted that present suit is not a commercial dispute as contemplated by Section 2(c) of the Commercial Courts Act, 2015.
         Perused the plaint.  Suit is for permanent injunction restraining defendants from developing and selling suit property.  Plaintiff has valued the suit for the purposes of jurisdiction and valuation for Rs.1,000/-. Suit is for simplicitor injunction.  As per physical verification certificate dated 03.04.2021, suit is transferred to the Commercial Court as it comes under category of Section 2(c)(vi) of Commercial Courts Act.  Said clause deals with dispute arising out of construction and infrastructure contracts including tendors.  On perusal of plaint, it is clear that suit is not based upon construction or infrastructure contracts.  Present suit does not qualify as a Commercial dispute.  Therefore, matter be sent to the Office of Registrar (Civil) for further assignment.
    The matter is adjd for compliance of above order and say on Exh.10 to 07.10.2021.
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Namrata Bhore for plaintiff present.
    Adv. Karan Gajra h/f Adv. Gangarkar for Deft. No.1 and 2 present.
    As court is busy in taking evidence in Suit No. 85/14 and hearing
    final arguments in SU No.3002/04, therefore, matter stands
    adjourned to 26.11.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Matter called out at 4.09 p.m.
    Adv. S. D. Patil for plaintiff present.  He tendered reply to CS. TOR.
    Adv. Karan Gajra h/f Adv. Gangarkar for Respondent No.1 and 2 present.
    Respondent No.3 in person present.
    Matter stands adjourned to 03.01.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Matter called out at 5.21 p.m.
    Adv. S. D. Patil for plaintiff present.
    Adv. R. V. Gangarkar for Deft. No.1 and 2 present.
    Matter stands adjourned to 31.01.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2022
    
    Date: 31-01-2022
    Business: Court is on Leave, Hence Board is Discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Matter called out at 3.12 p.m.
    Adv. S. D. Patil for plaintiff present.
    He tendered draft CS.
    O-Leave granted to register.
    None present for defendant.
    Plaintiff seeking liberty to delete the name of Deft. No.4. As the plaintiff is the master of suit hence, he is allowed to delete the name of Deft. No.4 from the cause title.
    Draft CS is disposed of.
    Plaintiff is directed to register the draft CS for statistical purpose.
    Draft handed over to the CS for registration.
    Matter stands adjourned to 13.04.2022 for NM hearing.
    Later on at 3.15 p.m.
    Representative of Deft. No.2 present.
    Already adjourned to 13.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Matter called out at 3.12 p.m.
    Adv. S. D. Patil for plaintiff present.
    Adv. Promod Bhosle a/w Karan G. h/f Adv. Gangarkar for Deft. no.1 and 2 present.
    As court is busy in recording evidence in SU no.3756/13, dictating orders in NM No.3233/19, NM no. 1212/22 and CS no.1300/21 as well as in part heard final hearing SU 594/08.
    Matter stands adjourned to 07.07.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Karan Gajra h/f Adv. Gangarkar for Deft. no.1 and 2 present. He is seeking time to file reply. Time granted.
    None present for plaintiff.
    Matter stands adjourned to 08.09.2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Adv. S. D. Patil for plaintiff present.
    Adv. Dilip Jadeja h/f Adv. Gangarkar for Deft. no.1 and 2 present. He is seeking time. Time granted. He is directed to serve the copy of reply atleast one week before, if any.
    Put up for NM hearing.
    Matter stands adjourned to 08.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Adv. S. D. Patil for plaintiff present.
    Adv. Praful Valvi for Deft. no.1 and 2 present. He tendered memo of appearance. TOR. Exh.10.
    Other defendants absent.
    Deft. no.1 and 2 submitted that the earlier advocate has given NOC. He will file VP and reply on next date. Hence, seeking time for filing VP and reply. Time granted with direction that they have to argue on the NM on next date.
    Matter stands adjourned to 18.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv. Shivshankar Patil for plaintiff present. He seeking time for further argument. O-Granted.
    Adv. Pramod Bhosle for defendant Nos.1 and 2 present.
    Adv. Karan Gajra h/f Adv. Samiksha Kamble for defendant No.3 present.
    Matter stands adjourned to 21.12.2022 for NM (P.H.).
    Next Purpose: NM  P.H.
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Dilip Jadeja h/f Adv. Pramod Bhosale Deft. no.1 and 2 present.
    None present for plaintiff.
    Matter stands adjourned to 14.02.2023 for NM (p.h).
    Next Purpose: NM  P.H.
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. S. D. Patil for plaintiff present.
    Adv. Karan for defendant No. 1 and 2 present. He is seeking time. Time granted.
    Matter stands adjourned on 06.04.2023 for NM P.H.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: None present for plaintiff.
    Adv. Pramod Bhosle for defendant No.2 present.
    Matter stands adjourned on 16.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: None for Plaintiff present.
    Plaintiff failed to press NM since 21.012.2022. Hence, adjourned for dismissal.
    Adv. Bhosale for defendant No.3 present.
    Matter stands adjourned on 28.08.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: None for Plaintiff  .
    Adv. Pramod Bhosale for defendant no. 3 present.
    Plaintiff failed to press the motion since 21-12-2022. Hence, NM No. 271/21 is dismissed for want of prosecution.
    Matter stands adjourned on 06-11-2023 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: CORAM H.H.J. SMT. N. S. SHAIKH (CR. 03)
    NOB-TOB (By Precepi) O- Allowed.
    Adv Pratiksha Keni for Plaintiff present and filed Draft NM along with affidavit in support. TOR. O- Leave granted to register the Draft NM. Draft NM handed over to party for registration.
    Matter stands already adjourned on 06-11-2023 for affidavit of
    service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Both parties absent.
    Plaintiff failed to file registered NM and affidavit of service.
    Later on at 3.30 pm.
    Advocate Pratiksha Keni h/f Tripathi for plaintiff present and filed registered NM no. 3859/2023. Taken On Record.
    Matter stands adjourned on 25-01-2024 for affidavit of service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: P.O. is gone for Jail visit (Afternoon Session).
    Next Purpose: SERVICE
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    Business: Adv. Pratiksha Keni for plaintiff present and seeking time.
    None for defendant present.
    Matter stands adjourned on 22-04-2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-04-2024
    
    Date: 22-04-2024
    Business: Adv. Patil for Plaintiff present.
    None for defendant present.
    Ld. Adv. for plaintiff filed affidavit of service of NM NO. 3859/2023. Taken On Record.
    Matter stands adjourned on 15-06-2024 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: P. O. is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Adv. Pratiksha Kini h/f. Adv. Patil for plaintiff present.  Plaintiff is directed to serve copy of notice of motion upon defendant No.2.
    Adv. Vijay Singh for defendant No.2 present.
    Matter stands adjourned on  07.10.2024  for  service/reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: P. O. is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 05-12-2024
    
    Date: 05-12-2024
    Business: Adv. Pratiksha Keni h/f Adv. S. B. Pandey for Plaintiff present and filed affidavit of service in NM No.3859/23. t.o.r.
    None for defendant present.
    Later on at 4.15 p.m.
    Adv. Vijay Singh for defendant No. 3 present.
    Matter stands adjourned on 01-02-2025 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 01-02-2025
    
    Date: 01-02-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Pratiksha Keni h/f Adv. S. D. Patil for Plaintiff present.
    None for defendant present.
    Later on at 4.00 pm.
    Advocate Vijay Singh for defendant No.3 present.
    Matter stands adjourned on 01-03-2025 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Pratiksha Keni for Plaintiff present and served copy of NM upon defendant No.3.
    None present for defendant Nos. 1 and 2.
    Adv. Digvijay Kachve for defendant No. 3 present.
    Defendants are directed to file reply on NM on next date otherwise NM will be proceeded without reply.
    Matter stands adjourned on 19-04-2025 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 19-04-2025
    
    Date: 19-04-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Advocate Pratiksha Keni for Plaintiff present.
    Advocate Vivek Sharma for defendant No. 3 present and seeking time. O - Last chance is granted to file reply.
    Matter stands adjourned on 24-06-2025 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None for Plaintiff present.
    Advocate Vivek Sharma for defendant No. 3 present and seeks time to file reply. Time granted till next date. He has filed appearance memo. Marked at Exh.11.
    Matter stands adjourned to 23-09-2025 for NM reply.
    Later on at 3.40 p.m. Advocate Pratiksha Keni h/f Advocate S. D.
    Patil for plaintiff present and submits that she has already filed
    affidavit of service which is now marked at Exh.12. In view her
    submission Notice of Motion is proceeded without say of defendant
    Nos. 1 and 2. The plaintiff to explain how Notice of Motion is
    maintainable.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2025
    
    Date: 23-09-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Pratiksha Keni h/f Advocate Shivshankar Patil for Plaintiff present.
    Advocate Khushboo Yadav for defendant No.3 present and filed affidavit in reply to Notice of Motion. She also filed pursis along with death certificate of defendant No. 2. Marked at Exh.13. O - The plaintiff to note.
    Matter stands adjourned to 12-02-2026 for NM replyrejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2026
    
    Date: 12-02-2026
    Business: None for Plaintiff present.
    Adv. Vivek Sharma for defendant no.3 present and seeking time to take steps.
    Matter stands adjourned for steps to 07.04.2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-04-2026
    
    Date: 07-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    Advocate Pratiksha Keni h/f Advocate  Shivshankar Patil for Plaintiff present and seeking time to bring legal heirs of defendant No.2 on record.
    Advocate Vaishnavi for defendant No. 3 present and tendered application for change of advocate. Marked at Exh.14. O - Defendant is at liberty.
    None for defendant Nos. 1 and 2 present.
    Matter stands adjourned for steps to 25-06-2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-06-2026
    
    Date: 25-06-2026
    Business: Adv. Pratiksha Keni Bhandari  for Plaintiff present.
    Adv.  for defendant no.3 present.
    Matter stands adjourned for steps to 25.08.26
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-08-2026
    
    Date: 25-08-2026
    Business: None present for plaintiff and defendant.
    Matter is adjourned for steps to 05.11.2026.
    Later on at 3.25 p.m
    Adv. Pratiksha Keni Bhandari h/f Adv. Shivshankar D. Patil for plaintiff is present.
    Matter is adjourned for steps to 05.11.2026.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-11-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101282/2020
    Filing Date: 28-01-2020
    First Hearing Date: 23rd March 2020
    Court Number And Judge: 21-COURT 21  ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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