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CHAMBER SUMMONS

Lalit Timothy DsouzaVsFatima Pipewala-Bookwala +1 more

CNR MHCC01001528202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 23rd February 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100228/2020
Registration Date
05 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Lalit Timothy Dsouza

    Respondent

    1. 1Fatima Pipewala-Bookwala
    2. 2Boran Bookwala

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-03-2020
Business: Adv. Ketki Pansare for plaintiff present.
As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for writ of summons on 24/06/2020 at 02.45 pm.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-11-2020

Date: 07-11-2020
Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 23.02.2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: Adv. Ketaki Pansale i/b Kachwala Misar and Co. for plaintiff is present.
None for defendant.
Adv.for plaintiff tendered original registered CH/S No.228/2020. TOR.
Order below CH/S No.228/2020
Perused the Chamber Summons which is supported by an affidavit. Heard Adv. Pansale for plaintiff. I have also perused the previous report dtd. 09.10.2018 given by the Bailiff of Sheriff office, Mumbai which shows that the service could not be done due to non availability of defendants. Hence, in view of provisions of Order 5 Rule 20 of the CPC, considering the previous report of Bailiff, I am satisfied that the defendants are keeping out of the way for the purpose of avoiding service of writ of summons and summons can not be served in the ordinary way. Hence, service of summons through substituted service needs to be made in present case as per Order 5 Rule 20 of the CPC for appearance of the defendants on the next date with simultaneous service through  post as per Order 5 Rule 20-A of the CPC. Hence, I pass the following order-
                           ORDER
CH/S No.228/2020 is allowed in terms of prayer clause (a) to (c) and is accordingly disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 23-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101590/2020
Filing Date: 05-02-2020
First Hearing Date: 18th March 2020
Decision Date: 23rd February 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    23 Feb 2021
    Order Details: Chamber summons
Pdf Text: Adv. Ketaki Pansale i/b Kachwala Misar and Co. for plaintiff is present.
None for defendant.
Adv.for plaintiff tendered original registered CH/S No.228/2020. TOR.
Order below CH/S No.228/2020
Perused the Chamber Summons which is supported by an affidavit. Heard Adv.
Pansale for plaintiff. I have also perused the previous report dtd. 09.10.2018 given
by the Bailiff of Sheriff office, Mumbai which shows that the service could not be
done due to non availability of defendants. Hence, in view of provisions of Order 5
Rule 20 of the CPC, considering the previous report of Bailiff, I am satisfied that the
defendants are keeping out of the way for the purpose of avoiding service of writ of
summons and summons can not be served in the ordinary way. Hence, service of
summons through substituted service needs to be made in present case as per Order
5 Rule 20 of the CPC for appearance of the defendants on the next date with
simultaneous service through post as per Order 5 Rule 20A of the CPC. Hence, I
pass the following order:
ORDER
CH/S No.228/2020 is allowed in terms of prayer clause (a) to (c) and is accordingly
disposed of.
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