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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Laherchand B. ShahVsMewar Hi Tech Engineering Ltd +2 more

CNR MHCC01001652202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd May 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100023/2020
Registration Date
07 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-02-2020
    Business: Adv. Sneha Agarwal for plaintiff present.
    Adv. Bhavan Jain for defendant present.
    Ld Adv for plff tendered original registered summons for judgment no. 23/2020 along with affidavit t.o.r.
    Ld adv for plff states that today defendant advocate provided her list of documents and reply to the SJ is received on 15-02-2020. she further states 10 days time be given for filing rejoinder. Time granted.
    Matter adj. for filing rejoinder and SJ hearing to 03-03-2020 at 2.45 pm.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv. Ms. Snehal Agarwal I/by Lalit Jain for plaintiff present.
    Adv. Ms. Bhavana Jain for defendant present.
    Adv. for Plaintiff seeks time to file rejoinder. Time Granted.
    Matter adjd for filing rejoinder and hearing on S.J to 02/04/2020 at. 02.45 p.m
    Next Purpose: REJOINDER
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REJOINDER
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REJOINDER
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REJOINDER
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REJOINDER
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Adv. Sneha Agarwal for plaintiff present.
    None present for the deft.
    Today matter is for filing rejoinder on Summons for Judgement.
    She seeks time to file rejoinder. Time granted till next date.
    Matter adjd for filing rejoinder on 03/02/2021.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Plaintiff present.
    Adv. for defendant present.
    Adjd for rejoinder to 24/03/2021
    Next Purpose: REJOINDER
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Power of attorney holder of plaintiff is present.
    Adv. for plaintiff present.
    None for defendant.
    The defendant to remain present on next date to argue SJ failing which SJ will be heard and decided without argument of defendant.
    Adjd for SJ hearing to 15/04/2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Court is Vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: COURT IS VACANT
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv Sneha Agrawal h/f Adv. Rakesh Jain for plff present.
    None for defendant.
    Adjd on 11.04.2022 for S/J Hrg.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: Matter called out at 2.50 pm
    Adv Rakhi Sakpal for plff present.
    None for Defendant
    This is a Summary Suit and is pending for S/J hearing.  This matter needs to be assigned to the court dealing with Summary Suits.  Therefore, matter be sent to Board Dept. for re-assignment to appropriate court.
    Matter is adjd on 02.07.2022 for  compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: Matter called out at 2.49 pm
    Adv Lalit Jain I/b Rakesh Jain for plff present
    None for Defendant
    Compliance of the order dated 15.06.2022 be done.
    Matter is adjd on 27.07.2022 for compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: None for plaintiff.
    Adv. Yogita Kavsekar and C.D.Mishra for defendant present.
    Matter is adjd for compliance 05.09.2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv Mishra for Plaintiff present.
    None for Defendant. Reply to S/J is already filed.
    As defendant is absent, mater is adjourned as a last chance. It is made clear that if defendant do not appear, court would proceed to hear S/J on merit on next date.
    Matter adjourned to 04.11.2022 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv.Chandraprakash Mishra tendered draft Chamber of Summons along with affidavit seeking brining LR\''s of plaintiff on record.  He also filed vakalatnama. (Exh--) O-Filed.
    Ld. advocate for applicant submits that plaintiff died on 24/09/2022.
    The copy of death certificate is also annexed with the affidavit.
    It is contented that the proposed plaintiff no.1(a) is the only hair and legal representative entitled to succeed to estate of deceased plaintiff.
    As the C/S is filed within limitation, same deserves to be allowed.
                                    Hence, the order.
    1) Draft Chamber Summons is allowed in terms of prayer clause (a).
    2) Applicant to carryout necessary amendment within two weeks from the date of this order.
    3) Applicant to registered Chamber Summons be statical purpose.
    4) Chamber Summons stands disposed of accordingly
    Matter is adj to 12/01/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Adv.Lalit Jain for plaintiff present.   He is ready to work out SJ.
    Adv.Bhavna Jain h/f Adv.Sangeeta Bhagat for defendant  present.  She seeks time to work out SJ on the ground that her senior is out of station today.
    Considering the reason, time is granted as a last chance.
    Matter is adj to 21/02/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv.Lalit Jain for plaintiff present.
    Adv.Sangita Bhagat h/f Adv.Bhavna Jain for defendant  present.
    Heard Ld.Adv. for plaintiff on SJ.
    At the request of advocate for defendant, matter is adj to 27/02/2023 for argument on SJ by defendants
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: None for defendant.
    Adv. Ms. Sneha V. Agrawal I/b Adv. Rakesh G. Jain for plaintiff is present. Plaintiff has already argued S.J. on 21.02.2023 and matter was kept today for defendant\''s argument. However, defendant and his advocate are absent. Still in the interest of justice and as a last chance matter adjd for hearing of S.J.
    Matter is adj to 15.03.2022 for hearing of S.J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv. Ms. Sneha V. Agrawal I/b Adv. Rakesh G. Jain for plaintiff present.
    Adv.Sangita Bhagat h/f Adv.Bhavna Jain for defendant present.  She filed application (Exh-19) for adjournment on the ground that defendant have applied for certified copy from Court at Udaipur.  As the copy is at not received time is being sought.
            Ld.Adv. for plaintiff strongly objects the application on the ground that plaintiff has already argued SJ on 21/02/2023.  She points out that the adjournment was granted on last three dates on the request of the defendant.
               The record is evident on last date defendant was absent and therefore in the interest of justice by granting a last chance matter was adjourn today. In view of the same reason given for adjournment does not seems to be sufficient.    Application is allowed subject to cost of Rs.1,000/- (Rupees One Thousand Only) cost payable to plaintiff.
    Matter is adj to 30/03/2023 for hearing on SJ P.H.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Adv.C.D.Mishra for plaintiff present.
    Adv for defendant  present and filed adjournment application         (Exh-20)
    Order-Other side to say.
    Kept back.
    Later on: at 4.38p.m.
    Adv C.D.Mishra for plaintiff present.
    Adv for deft present.
    Adv for deft submits that the advocate on record is suffering from sore throat and therefore she is unable to argue SJ today.
    He undertakes to file  Medical Certificate to that effect on next date.
         Ld advocate for plff strongly objects the adjmnt. He submits that the reasons are not sufficient to seek adjmnt. He points out that earlier adjmnts were taken by the Ld advocate for deft.
       The roznama  dtd 15-03-2023 reveals that the  adjmnt was granted to the deft as a last chance, subject to cost of Rs.1,000/- (Rupees One Thousand only). Said order is complied today by paying cost.
    Considering the reason i.e. medical ground of advocate for deft., application is allowed.  Deft. to produce medical certificate on next date.
    Matter is adj to 13-04-2023 for hearing SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR -(C.R.NO.61)
    Adv.C.D.Mishra for plaintiff present.
    Adv.Bhavna Jain for defendant present.  She tendered written argument on SJ. T.O.R
    Matter is adj to 02/05/2023 for order on SJ.
    Next Purpose: ORDER
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Plaintiff present, his advocate absent.
    Adv.Bhavna Jain for defendant present.
    F.R.S.R following order is passed on SJ No.23/2020
    ORDER
    A 	Conditional leave to defend is granted to the defendants subject to their depositing an amount of Rs. 2,50,000/- (Rupees Two Lakhs Fifty Thousand only) before this Court, as a security, within eight (08) weeks from today, excluding intervening vacation period.
    B	Amount, if deposited by the defendants, be invested in fixed deposits with Nationalized Bank, as per the rules.
    C	Defendants are at liberty to file Written Statement within four weeks, from the date of compliance of condition of deposit of amount.
    D	Summons for Judgment No.23 of 2020 is disposed of 	accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-05-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101619/2020
    Filing Date: 07-02-2020
    First Hearing Date: 17th February 2020
    Decision Date: 02nd May 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 May 2023

    Order Details: Other Pdf Text: 1 MHCC010016522020 IN THE COURT OF JUDGE, CITY CIVIL AT GREATER MUMBAI SUMMONS FOR JUDGMENT NO. 23 OF 2020 IN SUMMARY SUIT NO. 1082 OF 2017 Laherchand B. Shah, an adult Indian Inhabitant aged 78 year carrying on his business in Hardware in the name & style of M/s. Shah Brother Hardware Co., as the sole proprietor at 31, Israil Mohalla, Bhagwan Bhuvan, 3 Floor, Masjid Bunder Road, Mumbai-400009 through his constituted attorney Kamal L.…

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