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CHAMBER SUMMONS

Bhimchhaya C.H.S. Ltd. and Ors.VsM/s. F.K. Construction and Ors.

CNR MHCC0100137320204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st December 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100193/2020
Registration Date
03 Feb 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-02-2020
    Business: Matter is called out at 3.27pm
    Adv.Jitendra Paliwal for plaintiff present.
    Adv.Pushpa Thapa i/b Kavita A. Sheth for defendant no.25 present.
    Plaintiff tendered registered N/M No.93/2020 and C/S No.193/2020. T.O.R
    Defendant no.25 seeking time to file reply.
    Plaintiff undertake to serve other defendant.
    Matter is adj to 13/03/2020 for C/S reply and N/M reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Matter is called out at 3.06pm
    Adv.V.J.Vashi i/b MP Vashi and Associates for plaintiff present.
    Adv.Pushpa Thapa i/b Kavita A.Shah for defendant no.25 present.
    Adv. for plaintiff seeking time to file affidavit of service in respect of defendants except defe.no.25, 3, 4, 6, 9, 10, 11, 17 to 23.
    Matter is adj to 08/04/2020 for affidavit of service of N/M/NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Case is adjd. In view of declaration of Noval Corona Virus COVID 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Court is on Leave. Hence matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: The P.O. is on leave.  Hence matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv. Ms. Thapa for Def. no. 25 present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\\\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\\\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 05.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None for plaintiff.
    Adv. Thapa for defendant no. 25 present.
    Adjd to 04.03.2021 for NM service/reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: None for plaintiff.
    Adv. Thapa for def. no. 25 present.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the plaintiff.
    Adjd to 05.04.2021 for NM service/reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 05-04-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 05-04-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 05-04-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 07.07.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 17-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 07.07.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 17-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 07.07.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 17-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 07.07.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 26.07.2021 for NM replyrejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2021
    
    Date: 07-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 26.07.2021 for NM replyrejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2021
    
    Date: 07-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 26.07.2021 for NM replyrejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2021
    
    Date: 07-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 26.07.2021 for NM replyrejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for NM reply to 27/09/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv. P. R. Jadhav For defendants No. 3 to 6 and 17 to 19 present.
    None for plaintiff.
    Adv. Pushpa Thapa For defendant No. 25 present.
    Plaintiff is not appearing in the suit after lockdown.
    Plaintiff incase he wants to proceed, remain present on next date failing which should take note that suit will proceed further as pending since 27 years.
    Adjd for NM reply to 14/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Vashi For plaintiff present.
    Adv. Pushpa Thapa for defendant No. 25 present.
    Adv. Samudrala For defendants No. 3,4,6,9,10,11,17,18,19,20 to 23 present.
    Chs. No. 193/20 and  ch.s No. 196/20 is filed by plaintiff seeking similar relief. Plaintiff to note with which chamber summons he does not desire to proceed.
    The plaintiff has noted in chamber summon no. 196/2020 that they are not pressing the said chamber summons.
               ORDER in Chamber summons No. 196/2020
    Plaintiff has not pressed the chamber summons as it is similar to Chamber summons No. 193/2020 therefore the chamber summons is disposed of.
    Parties to take note that suit is pending since 1993 and should not take unnecessary adjournments. Party who remains absent against them the suit will proceed further by passing appropriate orders.
    Parties to appear on date of adjournment failing which the face the consequences and to take note that the suit will be decided expeditiously before December 2021 vacation.
    Plaintiff is directed to give the copy of NM/Chamber summons today itself.
    Adjd for reply to NM/chamber summons to 22/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Dt.22/10/2021 Suit 9551/93
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Rajan Kamble Chairmen of society  is present.
    Adv. Uday Sankar Samudra for deft no .3,4 6,9,11,17,18,19,20,21,20,and 23 is present.
    Adv. Pushapa Thepa for deft no.25 present.
    Adv. for defendants no. 3,4,6,9,10,11,17,18,19,20,21 ,22 and 23 filed affidavit in reply to NM No. 93/2020.
    Adjd for argument to 11/11/2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv. Raj Shah I/b MP Vashi For plaintiff present.
    Adv. Kavita Shah for defendant No. 25 present.
    Adv. Udaya Samudrala for deft Nos, 3,4,6,9,11,17 to 23 present.
    Adv. For plaintiff is seeking adjournment on the ground that his senior could not come due to personal difficulties. Suit is pending since 1993 filed by plaintiff hence adjournment granted as last chance. Incase plaintiff fails to argue on next date the NM/chamber summons Will be decided without arguments.
    Adjd for Ch/s/NM arguments to 20/11/2021
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Adv. For plff is present.
    At 3.17PM
    KB
    LO At 3.48
    Adv. Uday Shakar along with Somnath Panday for defendant nos. 3,4,6,9,11,17,18,19,20,21,22 and 23 are present.
    Adv. Pushapa Thapa for defendant no.25 is present.
    Heard argument of both the advocates on chamber summons.
    Plaintiff to file death certificate to defendant nos.20 and 22.
    Adjd for NM order to 01/12/2021.
    Next Purpose: ORDER
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Apurva Kulkarni for plaintiff is present.
    Adv. Uday Sakar for defendant Nos.3,4,6,9,10,11,17 to 19 and 23 is present.
    Adv. Pusha Thapa for defendant no.25 is present.
    FRSR the following order is passed in NM No. 93/2020
                           ORDER
    1. The Notice of Motion is rejected.
    2. No order as to costs.
    3. Direction is given to the plaintiff to proceed with the suit expeditiously failing which further orders will be passed.
    4. Accordingly, the Notice of Motion is disposed of.
    FRSR the following order is passed in Chamber summons
    No. 193/2020
                              ORDER
    1. The Chamber Summons is rejected.
    2. Accordingly, the Chamber Summons is disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101492/2020
    Filing Date: 03-02-2020
    First Hearing Date: 06th February 2020
    Decision Date: 01st December 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Dec 2021

    Order Details: Chamber summons Pdf Text: 1 Order in Ch/s 193/2020 in Suit 9551/93 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 193 OF 2020 IN SUIT NO. 9551 OF 1993 (HIGH COURT SUIT NO. 4007 OF 1993) CNR NO. : MHCC010013732020 Bhimchhya Cooperative Housing Society Ltd. & Ors. …. Plaintiffs Versus M/s. F.K. Construction & Ors. ….Defendants Appearance: Adv. Smt. Prachi Khandelwal for plaintiffs. Advs. Shri. Udaya Sankar Samudrala along with Shri. Somnath Pandey for defendant…

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