CHAMBER SUMMONS
M/s. MRK Foods Pvt LtdVsM/s. New Age Restaurants Pvt Ltd +2 more
CNR MHCC01001180201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 01st July 2023
TrustJury record updated 08 Sept 2026
Case Overview
- Registration Number
- 100146/2018
- Registration Date
- 22 Jan 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
4Petitioner
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 22-01-2018
Business: Adv. Harshika Makawana Present for the Plff.
None Present for the Deft.
Adv. for Plff filed Registered CS.no. 146/18. t.o.r
Adj. for service affidavit on 11/04/2018.
Next Purpose: SERVICE
Next Hearing Date: 11-04-2018
Date: 11-04-2018
Business: Both parties and their counsel absent.
Adj. for Service affidavit on 14/08/2018.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-08-2018
Date: 14-08-2018
Business: Both parties and their adv. are absent.
Adjd to 10/01/2019 for service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-01-2019
Date: 10-01-2019
Business: None present
Matter is Adjd for service on 07/02/2019
Next Purpose: SERVICE
Next Hearing Date: 07-02-2019
Date: 10-01-2019
Business: None present
Matter is Adjd for service on 07/02/2019
Next Purpose: SERVICE
Next Hearing Date: 07-02-2019
Date: 07-02-2019
Business: Adv for plff.Mr. Aakash present
Matter is Adjd for Affidavit of service on 22/03/2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Matter transferred from Cr. no.09.
Adv. Aakash Pamnali for the plaintiff present.
Ld. Counsel for the plaintiff sought time to file service affidavit
Matter adjd.for Affidavit of service alongwith Chs. no. 146/18 to 16.07.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-07-2019
Date: 16-07-2019
Business: As the court is on leave
Board is discharged and the
matter stands adjd. To 26.08.2019
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-08-2019
Date: 26-08-2019
Business: Adv. Shirish Kabra for plaintiff present and requested for adjournment. O-Granted.
None present for defendant.
Matter adjd for affidavit of service to 17.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2019
Date: 26-08-2019
Business: Adv. Shirish Kabra for plaintiff present and requested for adjournment. O-Granted.
None present for defendant.
Matter adjd for affidavit of service to 17.10.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2019
Date: 17-10-2019
Business: None present.
KB
L.O. at 12.10pm
Adv.Madhuri Gamre for plaintiff present, she seeks adjournment for filing affidavit of service. O-granted.
None for defendant present.
Matter adj for affidavit of service to 09.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2019
Date: 17-10-2019
Business: None present.
KB
L.O. at 12.10pm
Adv.Madhuri Gamre for plaintiff present, she seeks adjournment for filing affidavit of service. O-granted.
None for defendant present.
Matter adj for affidavit of service to 09.12.2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: REPORT
Next Hearing Date: 04-03-2020
Date: 09-12-2019
Business: P.O. is on training. Board is discharged.
Next Purpose: REPORT
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Madhura Pathe for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 30.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 30-03-2020
Date: 04-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Madhura Pathe for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 30.03.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Next Purpose: REPORT
Next Hearing Date: 22-04-2020
Date: 15-04-2020
Next Purpose: REPORT
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Next Purpose: REPORT
Next Hearing Date: 13-05-2020
Date: 22-04-2020
Next Purpose: REPORT
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 18-09-2020
Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 21/12/2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-12-2020
Date: 18-09-2020
Business: Due to Covid-19 pandemic none appeared.
Matter is adjd to 21/12/2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 24.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 24-02-2021
Date: 21-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 24.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: P.O. is on leave.
Matter is adjd to 22.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-04-2021
Date: 24-02-2021
Business: P.O. is on leave.
Matter is adjd to 22.04.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-04-2021
Date: 22-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 19/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 19-07-2021
Date: 22-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 19/07/2021 for Report
Next Purpose: REPORT
Next Hearing Date: 19-07-2021
Date: 19-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 23.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 23-09-2021
Date: 19-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 23.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 17-11-2021
Date: 23-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 17-11-2021
Date: 17-11-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 18-01-2022
Date: 17-11-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None present.
Matter is adjd for Report to 18.02.2022.
Next Purpose: REPORT
Next Hearing Date: 18-02-2022
Date: 18-01-2022
Business: None present.
Matter is adjd for Report to 18.02.2022.
Next Purpose: REPORT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None present.
Matter is adjd for report on 05-05-2022
Next Purpose: REPORT
Next Hearing Date: 05-05-2022
Date: 18-02-2022
Business: None present.
Matter is adjd for report on 05-05-2022
Next Purpose: REPORT
Next Hearing Date: 05-05-2022
Date: 05-05-2022
Business: P.O. is on training
Next Purpose: REPORT
Next Hearing Date: 26-07-2022
Date: 05-05-2022
Business: P.O. is on training
Next Purpose: REPORT
Next Hearing Date: 26-07-2022
Date: 26-07-2022
Business: None for Plaintiff.
Adv. Ms. Rupa Shelke for Defendant present and submits that the talks regarding amicable settlement between the parties are going on.
None for the Plaintiff.
Matter be placed before Lok-adalat scheduled on 13/08/2022.
O :- Issue notice to both the sides.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 26-07-2022
Business: None for Plaintiff.
Adv. Ms. Rupa Shelke for Defendant present and submits that the talks regarding amicable settlement between the parties are going on.
None for the Plaintiff.
Matter be placed before Lok-adalat scheduled on 13/08/2022.
O :- Issue notice to both the sides.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: Matter pertaining to C.R. No. 61
Adv. Ms. Nandita Shah present on behalf of plaintiff.
Plaintiff-Smita Bhanushali absent.
Respondent side called, but absent.
Matter adjourned before Regular Court on 29.09.2022.
Next Purpose: REPORT
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: None for Plaintiff.
None for Defendant.
From record it transpires that plaintiff has not tendered original chamber summons on record since long time. Plaintiff directed to comply the same. Failing which chamber summons would stand dismissed.
Matter adjourned to 01.12.2022 for hearing on chamber summons.
Next Purpose: C/S HEARING
Next Hearing Date: 01-12-2022
Date: 29-09-2022
Business: None for Plaintiff.
None for Defendant.
From record it transpires that plaintiff has not tendered original chamber summons on record since long time. Plaintiff directed to comply the same. Failing which chamber summons would stand dismissed.
Matter adjourned to 01.12.2022 for hearing on chamber summons.
Next Purpose: C/S HEARING
Next Hearing Date: 01-12-2022
Date: 01-12-2022
Business: As Court is busy in dictating Judgment in SC 139/21, hence second session board is discharged.
Matter is adj to 07/02/2023 for hearing on C/S.
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2023
Date: 01-12-2022
Business: As Court is busy in dictating Judgment in SC 139/21, hence second session board is discharged.
Matter is adj to 07/02/2023 for hearing on C/S.
Next Purpose: C/S HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv.Ms.Twinkle Gadhiya i/b Adv.Pritesh Burad Associates for plaintiff present.
None for defendant.
Despite granting last chance, plaintiff failed to tender on record registered C/S No.146/2018.
Record reveals that plaintiff had filed draft C/S on 18/01/2018. Plaintiff on 22/01/2020 had applied for service of C/S through Bailiff. For the purpose of said service original C/S was again handed over to the plaintiff on 14/02/2020. Since then the registered C/S is still lying with the plaintiff. In that backdrop this court by order dated 29/09/2022 had granted last chance to plaintiff to tender registered C/S No.146/18 on record, else C/S would stand dismissed.
Today Ld.Adv. for plaintiff again seeks time for tendering registered C/S. No proper reason is forthcoming for such long delay. Still in the interest of justice and as a last chance time granted subject to cost of Rs.2,000/- (Rupees Two Thousand Only). Cost to payable DLSA, Mumbai. Cost to be deposited within two weeks from date of this order.
If plaintiff fails to comply this order the C/S No.146/18 would stand dismissed without further orders.
Matter is adj to 30/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2023
Date: 07-02-2023
Business: Adv.Ms.Twinkle Gadhiya i/b Adv.Pritesh Burad Associates for plaintiff present.
None for defendant.
Despite granting last chance, plaintiff failed to tender on record registered C/S No.146/2018.
Record reveals that plaintiff had filed draft C/S on 18/01/2018. Plaintiff on 22/01/2020 had applied for service of C/S through Bailiff. For the purpose of said service original C/S was again handed over to the plaintiff on 14/02/2020. Since then the registered C/S is still lying with the plaintiff. In that backdrop this court by order dated 29/09/2022 had granted last chance to plaintiff to tender registered C/S No.146/18 on record, else C/S would stand dismissed.
Today Ld.Adv. for plaintiff again seeks time for tendering registered C/S. No proper reason is forthcoming for such long delay. Still in the interest of justice and as a last chance time granted subject to cost of Rs.2,000/- (Rupees Two Thousand Only). Cost to payable DLSA, Mumbai. Cost to be deposited within two weeks from date of this order.
If plaintiff fails to comply this order the C/S No.146/18 would stand dismissed without further orders.
Matter is adj to 30/03/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2023
Date: 30-03-2023
Business: Adv Anand Dayma for plff present.
Adv for plff filed receipt along with pursis (Exh.o4) showing compliance of the order dtd 07-02-2023 regarding the depositing cost.
He also tendered Ch/Sum No. 146/18.
Plff has taken out chamber summons seeking service by way of paper publication. There is nothing on record to reveal the efforts taken by plff to serve the summons to deft No.1 by way of regular service. Hence, plff to satisfy Court about the steps taken by him against deft No.1.
Matter is adj to01-07-2023 for hearing on ch/sum.
Next Purpose: C/S HEARING
Next Hearing Date: 01-07-2023
Date: 30-03-2023
Business: Adv Anand Dayma for plff present.
Adv for plff filed receipt along with pursis (Exh.o4) showing compliance of the order dtd 07-02-2023 regarding the depositing cost.
He also tendered Ch/Sum No. 146/18.
Plff has taken out chamber summons seeking service by way of paper publication. There is nothing on record to reveal the efforts taken by plff to serve the summons to deft No.1 by way of regular service. Hence, plff to satisfy Court about the steps taken by him against deft No.1.
Matter is adj to01-07-2023 for hearing on ch/sum.
Next Purpose: C/S HEARING
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Reshma Mutha i/b Adv. Pritesh Burad for plaintiff present.
Order below CS No. 146/18
Perused the Chamber Summons and affidavit filed in support of it. Heard counsel for the plaintiff. On going through the roznama and the record, it is not appearing that the case is matured for allowing the plaintiff to serve the suit summons by way of substitute service. Substitute service cannot be allow in a casual way. Absolutely nothing on record to suggest that defendant No. 1 and 2 was ever attempted to serve the summons. The plaintiff had applied for service of CS through bailiff long back on 22.01.2020. No report of the bailiff is on record. No case is made out for granting permission to serve the suit summons by way of substitute service.
Hence, CS No. 146/18 is hereby dismissed.
Matter is adj to 15.07.2023 for taking steps/dismissal of the suit.
Nature Of Disposal: DISMISSED
Disposal Date: 01-07-2023
Date: 01-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Reshma Mutha i/b Adv. Pritesh Burad for plaintiff present.
Order below CS No. 146/18
Perused the Chamber Summons and affidavit filed in support of it. Heard counsel for the plaintiff. On going through the roznama and the record, it is not appearing that the case is matured for allowing the plaintiff to serve the suit summons by way of substitute service. Substitute service cannot be allow in a casual way. Absolutely nothing on record to suggest that defendant No. 1 and 2 was ever attempted to serve the summons. The plaintiff had applied for service of CS through bailiff long back on 22.01.2020. No report of the bailiff is on record. No case is made out for granting permission to serve the suit summons by way of substitute service.
Hence, CS No. 146/18 is hereby dismissed.
Matter is adj to 15.07.2023 for taking steps/dismissal of the suit.
Nature Of Disposal: DISMISSED
Disposal Date: 01-07-2023Additional Case Details
Additional Case Details
Filing Number: 101302/2018 Filing Date: 22-01-2018 First Hearing Date: 22nd January 2018 Decision Date: 01st July 2023 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
2Final Order 101 Jul 2023
01 Jul 2023
Order Details: Chamber summons Pdf Text: 36 01/07/2023 SUM 578/17 @ CS 146/18 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv. Reshma Mutha i/b Adv. Pritesh Burad for plaintiff present. Order below CS No. 146/18 Perused the Chamber Summons and affidavit filed in support of it. Heard counsel for the plaintiff. On going through the roznama and the record, it is not appearing that the case is matured for allowing the plaintiff to serve the suit summons by way of substitute service. Substitute service cannot be allowed in a casual way. Absolutely nothing on record to suggest that defendant No. 1 and 2 was ever attempted to serve the summons. The plaintiff had applied for service of CS through bailiff long back on 22.01.2020. No report of the bailiff is on record. No case is made out for granting permission to serve the suit summons by way of substitute service. Hence, CS No. 146/18 is hereby dismissed. Matter is adj to 15.07.2023 for taking steps/dismissal of the suit. Judge -- 1 of 1 --
Order 101 Jul 2023
01 Jul 2023
Order Details: Chamber summons Pdf Text: 36 01/07/2023 SUM 578/17 @ CS 146/18 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv. Reshma Mutha i/b Adv. Pritesh Burad for plaintiff present. Order below CS No. 146/18 Perused the Chamber Summons and affidavit filed in support of it. Heard counsel for the plaintiff. On going through the roznama and the record, it is not appearing that the case is matured for allowing the plaintiff to serve the suit summons by way of substitute service. Substitute service cannot be allowed in a casual way. Absolutely nothing on record to suggest that defendant No. 1 and 2 was ever attempted to serve the summons. The plaintiff had applied for service of CS through bailiff long back on 22.01.2020. No report of the bailiff is on record. No case is made out for granting permission to serve the suit summons by way of substitute service. Hence, CS No. 146/18 is hereby dismissed. Matter is adj to 15.07.2023 for taking steps/dismissal of the suit. Judge -- 1 of 1 --
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