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SUMMARY CIVIL SUIT - SUMMARY SUIT

Hitesh Khimraj KanungoVsM/s. Raj Ratan Impex +1 more

CNR MHCC01001157201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 01st April 2023

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100523/2018
Registration Date
24 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Hitesh Khimraj Kanungo

    Respondent

    1. 1M/s. Raj Ratan Impex
    2. 2Seema Harikishan Agarwal

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 16-07-2018
Business: None for Plaintiff.
Adv. Siraj Menon for Defendant present and filed vaklatnama, TOR .
Matter is adjd. to 11/10/2018 for Steps by the plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-10-2018

Date: 11-10-2018
Business: None for Plaintiff
Adv. Ritesh Jain for Defendant present.
Advocate for plaintiff has filed adjournment application and requested three weeks time for filing leave to defend.
Order  last chance is granted to file leave to defend on next date.
Matter is adjd. to 29/10/2018 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Business: Matter transferred from Cr. no.28.
None Present for the Plff.
Adv. Shriraj Menon Present for the Deft.
Ld counsel fro the Deft filed application for dismissal of suit. t.o.r. otherside to say.
Adj. For Say and order on 17/11/2018.
Next Purpose: FILING SAY
Next Hearing Date: 17-11-2018

Date: 17-11-2018

Date: 27-07-2022
Next Purpose: SERVICE
Next Hearing Date: 28-09-2022

Date: 28-09-2022
Business: NOB TOB.
Adv. for Plaintiff present.
None for Defendant.
From roznama it appears that the suit was dismissed in default on 17.11.2018.  However, same was subsequently restored by order dated 27.07.2022 passed in NM No.460/2019.
Plaintiff to serve the notice of restoration of the present suit on defendant and file affidavit accordingly. Private notice permitted.
Matter adjourned to 23.11.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: None for plaintiff.
Plaintiff was directed to serve notice of restoration of suit to the defendant and file affidavit of service accordingly.
No affidavit of service is filed.  As matter was once dismissed in default and thereafter restored, plaintiff to take steps at earliest.
Matter is adj to 17/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: None for plaintiff.
Despite order dated 28/09/2022 as well as 23/11/2022, plaintiff failed to serve notice of restoration of the suit to defendant.  Hence, matter is adj to 01/04/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv. Rahul Gadekar for plaintiff present.
None for plaintiff.
plaintiff Hitesh Kanungo is present. They filed application for withdrawal of the suit (Exh.05).  plaintiff submits that dispute is settled amicably out of the court.
In view of the same, I pass following order-
Order -
1. Sum suit No. 523/18 is disposed of as withdrawn.
2. plaintiff is  entitled for refund of court fees, as per the  rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 01-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101278/2018
Filing Date: 20-01-2018
First Hearing Date: 16th July 2018
Decision Date: 01st April 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    4
    Final Order 2
    01 Apr 2023
    Order Details: Other
Pdf Text: 10
01/04/2023
SUM 523/18
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
Adv. Rahul Gadekar for plaintiff present.
None for plaintiff.
plaintiff Hitesh Kanungo is present. They filed application for
withdrawal of the suit (Exh.05). plaintiff submits that dispute is
settled amicably out of the court.
In view of the same, I pass following order
Order
1. Sum suit No. 523/18 is disposed of as withdrawn.
2. plaintiff is entitled for refund of court fees, as per the rules.
Judge
-- 1 of 1 --
    Interim Order 1
    17 Nov 2018
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 20 ASST. SESSIONS JUDGE
Case No. :SUMMARY CIVIL SUIT/0100523/2018
Hitesh Khimraj Kanungo Vs 1. M/s. Raj Ratan Impex 2. Seema Harikishan Agarwal
Date : 17-11-2018
Business : None Present for the Plff. Adv. Harshi Panchal Present for
the Deft. Order below Ex.04. When called Plff absent. No
steps taken. Hence for want of steps the suit is liable to be
dismissed. Therefore application allowed. Order passed
below in Roznama.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 17-11-2018
-- 1 of 1 --
    Order 2
    01 Apr 2023
    Order Details: Other
Pdf Text: 10
01/04/2023
SUM 523/18
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
Adv. Rahul Gadekar for plaintiff present.
None for plaintiff.
plaintiff Hitesh Kanungo is present. They filed application for
withdrawal of the suit (Exh.05). plaintiff submits that dispute is
settled amicably out of the court.
In view of the same, I pass following order
Order
1. Sum suit No. 523/18 is disposed of as withdrawn.
2. plaintiff is entitled for refund of court fees, as per the rules.
Judge
-- 1 of 1 --
    Order 1
    17 Nov 2018
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 20 ASST. SESSIONS JUDGE
Case No. :SUMMARY CIVIL SUIT/0100523/2018
Hitesh Khimraj Kanungo Vs 1. M/s. Raj Ratan Impex 2. Seema Harikishan Agarwal
Date : 17-11-2018
Business : None Present for the Plff. Adv. Harshi Panchal Present for
the Deft. Order below Ex.04. When called Plff absent. No
steps taken. Hence for want of steps the suit is liable to be
dismissed. Therefore application allowed. Order passed
below in Roznama.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 17-11-2018
-- 1 of 1 --

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