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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Chetana Book DepotVsNiraj Rajesh Nimodia

CNR MHCC01001327201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th February 2023

TrustJury record updated 18 Sept 2026

Case Overview

Registration Number
100338/2019
Registration Date
25 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 22-04-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 07/09/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Representative of plaintiff present.
    Adjd.to 07/11/2019 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sudhakar Lakhani for plff. Present.
    Adv. For deft. Absent.
    Adv. For the plff. Filed application for issuance fresh writ of summons. Order- Issue fresh summons as prayed.
    Matter is adjd to 02.04.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: Duo to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: Due to Covid-19 National Lockdawn
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Lakhani for plff. Present.
    Matter is adjd to 22.03.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sudhakar Lakhani for the plff present.
    Matter is adjd to 25.06.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 26.08.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: COURT IS VACANT
    Next Purpose: SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv Lakhani for plaintiff present.
    None for defendant.
    Adv for plaintiff filed application for issue fresh original writ of summons upon the defendant. TOR. O- Allowed as per rules.
    Matter is adjd to  11.02.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv Madhuri Lakhani for plaintiff present.
    Matter is adjd for  service on 08-04-2022
    Next Purpose: SERVICE
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: P.O. is on training.
    Next Purpose: SERVICE
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Madhuri Lakhani for Plaintiff present and seeks time to take steps to serve the defendant.  Time granted as a last chance.
    None for Defendant.
    Matter adjourned to 27.09.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. for Plaintiff present.
    Advocate Mr. Lakhani submits that he tried to serve writ of summons on given address of defendant, however the service could not be effected.  He submits that he needs to seek fresh address of the defendant and therefore he seeks time.
    In view of the submission, time granted.
    Matter adjourned for steps to 01.12.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv.Sudhakar Lakhani for plaintiff present.   He seeks time to take steps to serve summons on defendant.
    On last two dates time was granted, therefore time is granted as last chance.  If plaintiff fails to take proper steps on next date, suit would stands dismissed in default.
    Matter is adj to 10/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: Adv.Ken Misquitta for plaintiff present.   He filed application               (Exh-2) for withdrawal of the suit.  He also filed email received by him from the authorized person of plaintiff.
    In view of the request made, permission to withdraw the suit needs to be granted.
                                       ORDER
    1. Summary Suit No.338/2019 is permitted to be withdrawn unconditionally.
    2. Summary Suit No.338 of 2019 is disposed of accordingly.
    3. Plaintiff is entitled for refund of court fees, as per rule.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 10-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101326/2019
    Filing Date: 31-01-2019
    First Hearing Date: 22nd April 2019
    Decision Date: 10th February 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Feb 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100338/2019
    M/s. Chetana Book Depot Vs Niraj Rajesh Nimodia
    Date : 10022023
    Business : Adv.Ken Misquitta for plaintiff present. He filed
    application (Exh2) for withdrawal of the suit. He
    also filed email received by him from the
    authorized person of plaintiff. In view of the
    request made, permission to withdraw the suit
    needs to be granted. ORDER 1. Summary Suit
    No.338/2019 is permitted to be withdrawn
    unconditionally. 2. Summary Suit No.338 of 2019
    is disposed of accordingly. 3. Plaintiff is entitled
    for refund of court fees, as per rule.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 10022023
    COURT 61 ASST SESSIONS JUDGE
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