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CHAMBER SUMMONS

Mr. Vinay Madhav KulkarniVsMr. Hemant Hareshwar Mhatre and Ors.

CNR MHCC0100192920204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th April 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100296/2020
Registration Date
13 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-02-2020
    Business: Adv. Deepak Raut  for plaintiff present.
    It is stated by Adv.for plaintiff he will serve copy of ch/s to all defendant today.
    Plaintiff is directed to supply of copy to defendant No.2.
    Adv. Aditya Pratap for defendant No.1 is present.
    Adv.Chemburkar for defendant No.2 is present.
    Adv. Khandagle for MCGM/Deft.No.3 to 6 present.
    Matter adjd to 24.03.2020 for ch/s reply.
    L.O.
    Adv. for defendant No.1 present and tendered W/S t.o.r. and marked at Exh-8.
    Copy be served to other side.
    Already adjd to 24.03.2020 for ch/s reply.
    Adv. Deepak Raut  for plaintiff present and tendered original ch/s No.296/2020. Copy be served to other side.
    Adv.Sham Panchmukhi for defendant No.1 present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: /home/ubuntu/Desktop/Please do careful
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: Adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: (Not on moderate board, taken on moderate board by
    Precipe by plaintiff because of urgency in the matter)
    Adv. Deepak Raut for plaintiff present and tendered draft NM
    along with affidavit in support. TOR. Leave is granted to
    register the draft NM.
    Matter adjd to 25/11/2020 for Ch/s reply and Service and
    reply to NM.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Already adjd to 18/12/2020 for Ch/s Reply and Service and reply to NM.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None for the plaintiff.
    Adv.Aditya Pratap for deft no.1 present and tendered original N/M no.1814/20 along with affidavit in support.
    Adv.Mr.Chemburkar for deft no.2 present and tendered reply to C/S No. 296/20 T.O.R. copy be served to other side. He also tendered Written Statement. T.O.R. It is marked as Exh 09. Copy be served to other side.
    He also tendered pursis for treating the Written Statement as reply to plaintiff\''s N/M no.1814/20. It is marked as Exh 10.
    Adv. Mrs.Hajare h/f Adv Khandagale for Defendant no.3 to 6/MCGM present.
    It is submitted by Adv for deft no.2 that Written Statement file on record be treated as reply to N/M. He undertake to serve reply/WS on plaintiff.
    Order on Exh 10.
    Pursis filed by deft no.2 for adopting the Written Statement as affidavit in reply to the N/M 1586/20. Pursis is read and recorded.
    Deft no.1 is directed to serve copy of N/M No.1814/20 to other side.
    Matter adjd to 03.02.2021 for N/M Reply and Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Matter adjd to 10/03/2021 for NM and Ch/s Hearing.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Due to Covid-19 SOP, matter is adjourned till next date.
    Matter adjd to 16/04/2021.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: Adv. Deepak Raut for Plaintiff present.
    Adv. Shyam Panchmukhi h/f. Adv. Aditya Pratap for Defendant No. 1 is present.
    None for Defendant No.2.
    Adv. Khandagale for Defendant Nos. 3 to 6/MCGM is present.
    Adv. for Plaintiff tendered reply to NM No. 1814/2020 t.o.r.
    Copy is supplied to advocates for Defendant No. 1 and Defendant Nos. 3 to 6/MCGM.
    Adv. for Defendant No.1 requests for time to file rejoinder to said NM reply filed by Plaintiff. Time is granted to Defendant No.1 for filing rejoinder.
    Advocate for Defendant No.1 is directed to serve the copy of NM No. 1814/2020 upon Defendant Nos. 3 to 6/MCGM till next date.
    Advocate for Defendant Nos. 3 to 6/MCGM is directed to file reply to Ch/s. No. 296/2020 till next date.
    Matter is adjd to 28/06/2021 for service/ reply and rejoinder in N/M No. 1814/2020 and Ch/s. reply/hearing.
    Next Purpose: SERVICE
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: None for Plaintiff.
    Adv. Aditya Pratap for Defendant No.1. is present and filed reply to N/m No. 1586/2020 and reply to Ch/s. No. 296/2020. T.O.R. Copies be supplied to other side.
    Adv. Chemburkar for Defendant No.2 is present.
    Matter is adjd to 28/07/2021 for filing reply/ rejoinder in N/m and Ch/s. Reply hearing.
    Next Purpose: REPLY
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: REPLY
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: As court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv Deepak Raut for plaintiff present.
    Adv Aditya Pratap for defendant no.1 present.
    Adv Ulhas Chemburkar for defendant no.2 present and seeks time to argue on Ch/s. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant nos.3 to 6/MCGM is present.
    Adjd. To 20/10/2021 for filing reply in NM and Ch/s hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: None for plaintiff.
    Advocate Aditya Pratap for defendant no.1 is present.
    Advocate Mr. Chemburkar for defendant no.2 is present.
    Advocate Tondvalkar for deft. nos. 3 to 6/MCGM is present.
    Adjourned for C/S hearing to 22.11.2021.
    L.O. at 4.45 p.m.
    Advocate Mr. Limaye for plaintiff is present.
    L.O. at 05.02 p.m.
    Advocate Mr. Chemburkar for defendant no. 2 is present and tendered written notes of arguments in NM No.1814/20 and NM No.1586/20. He also filed written notes of arguments in C/S No.296/20. Its copy received by advocate for defendant nos.3 to 6/MCGM and advocate for defendant no. 1. Copy be served upon the plaintiff.
    Adjourned for C/S hearing to 22.11.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv Deepak Raut for plaintiff present.
    Adv Suhail Mhasavadkar for defendant no.1 present and filed application for adjournment. TOR and marked as Exh.11  Adjournment granted till next date.
    Adv Chemburkar for defendant no.2 present.
    Adv. Mrs. Tondwalkar for Defendant nos.3 to 7/MCGM is present.
    Adjd. To 29/11/2021 for NM and Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Deepak Raut for plaintiff present.
    None for D/1.
    Adv. Chemburkar for D/2 present.
    Adv. Tondwalkar for MCGM/Defendant nos.3 to 6 present.
    KB
    LO at 3.50 pm
    Adv. Suhail Mhasuadkar for defendant no.1 present and seek time to argue on chamber summons no.1814/2020.  On last date also same defendant filed adjournment appln.  Today matter is fixed for hearing on Ch/S 296/2020, NM 1586/2020 and NM 1814/2020. The adv. for plaintiff ready to argue his NM and Ch/s.  Therefore adjournment granted to deft. no.1 to argue his NM 1814/20. If on the next date, defendant no.1 failed to argue on NM, it will be dismissed for want of prosecution.
    Matter is adjd to 13/12/2021 for NM hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Plaintiff present. His advocate absent.
    Adv Chuhe for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv. Mrs. Tondwalkar for Defendant nos. 3to 6/MCGM is present.
    K.B.
    L.O. at 5.30 p.m.
    Adv Deepak Raut for plaintiff present.
    Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv. Mrs. Tondwalkar for Defendant nos. 3to 6/MCGM is present.
    Due to paucity of time, this matter is adjourned till next date.
    Adjd. To 22/12/2022 at 12.30 p.m. for NM and Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. Deepak Raut for plaintiff present.
    Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv. Mrs. Tondwalkar for Defendant nos. 3to 6/MCGM is present. Due to paucity of time, this matter is adjourned till next date. Adjd. to 3/1/2022 at 12.30 p.m. for NM and Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: AT 12.30 P.M.
    Adv Deepak Raut for plaintiff present.
    Plaintiff is also present.
    Adv Aditya Pratap for defendant no.1 present.
    Defendant no.1 is also present.
    Adv Chemburkar for defendant no.2 present.
    Adv. Mrs. Tondwalkar for Defendant no.3 to 6/MCGM is present.
    Heard common argument of Ld advocate for plaintiff and advocate for defendant no.2 on NM NO.1814/20, NM NO.1586/20 and Ch/s No.296/20.
    K.B. for further arguments.
    L.O. at 4.00 p.m.
    Adv Deepak Raut for plaintiff present.
    Plaintiff is also present.
    Adv Aditya Pratap for defendant no.1 present.
    Defendant no.1 is also present.
    Adv Chemburkar for defendant no.2 present.
    Adv. Mrs. Tondwalkar for Defendant no.3 to 6/MCGM is present.
    Partly heard common argument of Ld Adv for defendant no.1 on NM NO.1814/20, NM NO.1586/20 and Ch/s No.296/20.
    Adjd. To 15/01/2022 for further arguments by defendant no.1 on NM NO.1814/20, NM NO.1586/20 and Ch/s No.296/20.
    Next Purpose: C/S P.H.
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd to 07/02/2022 for further arguments by defendant no.1 on NM NO.1814/20, NM NO.1586/20 and Ch/s No.296/20.
    Next Purpose: C/S P.H.
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per office order No. 27 of 2022 dtd. 06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2020 bearing no. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022, therefore, matter is adjourned on next day.
    Next Purpose: C/S P.H.
    Next Hearing Date: 28-02-2022
    
    Date: 28-02-2022
    Business: Adv. Deepak Raut for Plaintiff present.
    Adv. Aditya Pratap for Defendant No.1 present.
    Adv. Pathak h/f. Adv. Chemburkar for Defendant No.2 present.
    Adv. Mrs. Tondwalkar for Defendant Nos. 3 to 6/MCGM is present.
    K.B.
    L.O. at 5.25 p.m.
    Same appearance.
    Due to paucity of time, this matter is adjourned till next date.
    Matter is adjd to 11/03/2022 for Ch/s. hearing (P.H.
    Next Purpose: C/S P.H.
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Plaintiff is present. His advocate absent.
    Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv Mrs Tondwalkar for defendant nos.3 to 6/ MCGM is present.
    K.B.
    L.O. at 4.45 p.m.
    Same appearance.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. To 25/03/2022 for Ch/s. hearing (P.H.)
    Next Purpose: C/S P.H.
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Adv Deepak Raut for plaintiff present.
    Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv Mrs Tondwalkar for defendant nos.3 to 6/ MCGM is present.
    K.B.
    L.O. at 5.05 p.m.
    Same appearance.
    Adv for plaintiff filed application for expediting the hearing in the suit as plaintiff being senior citizen. The prayer of plaintiff is accepted. Said application is TOR and marked as Exh.12
    O- Hearing in Suit is expedited.
    Partly heard ld advocate for defendant  no.1 on Ch/s No.296/2020 and NM NO.1814/2020.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. To 28/03/2022 at 12.30 p.m. for further argument on Ch/s No.296/2020 and NM NO.1814/2020.
    Next Purpose: C/S P.H.
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: At. 12.50 pm.
    Adv Deepak Raut for plaintiff present.
    Adv. Aditya Pratap for  defendant no.1 present.
    Adv. Chemburkar for defendant no. 2 present.
    Adv. Chavan h/f Adv Tondwalkar for defendant nos. 3 to 6 / MCGM is present.
    Heard further argument by Ld. advocated of defendant no 1 on Ch.s. no. 296/20, NM No. 1814/20 and NM 1586/20.
    Heard reply argument by Ld advocate for plaintiff on Ch.s. no. 296/20, NM No. 1814/20 and NM 1586/20.
    On oral request of defendant no.2 for argument on citations and argument by Ld. Advocated for defendant no. 3 to 6 /MCGM, Matter is adjourned till next date.
    Adjd. to 30-03-2022 for argument on citation by defendant no.2 and argument by defendant no. 3 to 6/MCGM on Ch.s. no. 296/20, NM No. 1814/20 and NM 1586/20.
    Next Purpose: C/S P.H.
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: As Court is busy in dictating orders in NMs in other Suits, hence board is discharged and matter is adjourned till next date.
    Adjd. To 01/04/2022 for argument on citation by defendant no.2 and argument by defendant no. 3 to 6/MCGM on Ch.s. no. 296/20, NM No. 1814/20 and NM 1586/20.
    Next Purpose: C/S P.H.
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv Laxmi Kale h/f Adv Deepak Raut for plaintiff present.
    Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv Mrs Rawade h/f Adv Tondwalkar for defendant nos.3 to 6/ MCGM is present.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. To 11/04/2022 for argument on citation by defendant no.2 and argument by defendant no. 3 to 6/MCGM on Ch.s. no. 296/20, NM No. 1814/20 and NM 1586/20.
    Next Purpose: C/S P.H.
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Adv Deepak Raut for plaintiff present.
    Adv Tanmay Bidkar h/f Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    Adv Mr Khandagale h/f Adv Tondwalkar for defendant nos.3 to 6/ MCGM is present.
    K.B.
    L.O. at 3.30 p.m.
    Adv Aditya Pratap for defendant no.1 present and tendered notes of argument in sur rejoinder of the defendant no.1. Copy is supplied to other side.
    Heard argument of defendant no.2 to 6, reply argument by advocate for plaintiff and sur-rejoinder by advocate for defendant no.1.
    Adjd. To 19/04/2022 for order on NM NO.1814/20, 1586/20 and Ch/s No.296/2020.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: None for plaintiff.
    Adv Trivedi h/f Adv Aditya Pratap for defendant no.1 present.
    Adv Chemburkar for defendant no.2 present.
    None for defendant nos.3 to 6/ MCGM (M/West Ward)
    K.B.
    L.O.
    Same appearance.
    Due to paucity of time, matter is adjourned till next date.
    Adjd. To 29/04/2022 for order on NM NO.1814/20, 1586/20 and Ch/s No.296/2020.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: None for plaintiff.
    Defendant no.1 present. His advocate absent.
    Defendant no.2 present. His advocate absent.
    Adv Mrs Tondwalkar for defendant nos.3 to 6/ MCGM is present.
    K.B.
    L.O. at 5.30 p.m.
    F.R.S.R. Following order is passed on NM NO.1814/2020
    ORDER
    1. Notice of Motion No.1814/2020  is dismissed being devoid of merits.
    2. Notice of Motion No.1814/2020  is disposed off accordingly.
    F.R.S.R. Following order is passed on CH/S NO.296/2020
    ORDER
    1. Chamber Summons No.296/2020  is allowed and made absolute.
    2. Plaintiff is directed to carryout amendment within stipulated period.
    3. Amended copy of plaint be served to the defendant.
    4.  Chamber Summons No.296/2020  is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 29-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102027/2020
    Filing Date: 13-02-2020
    First Hearing Date: 17th February 2020
    Decision Date: 29th April 2022
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Apr 2022

    Order Details: Chamber summons Pdf Text: CS 296/2020 1 IN L.C. SU NO.2836/2019 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. CHAMBER SUMMONS NO.296 OF 2020 CNR NO.MHCC010019292020 IN L.C. SUIT NO.2836 OF 2019 CNR NO.MHCC010103502019 Mr. Vinay Madhav Kulkarni ]… Plaintiff Versus Mr. Hemant Hareshwar Mhatre and Ors. ]...Defendants Adv. Deepak Raut for plaintiff Adv Aditya Pratap for defendant No.1 Adv. Chemburkar for defendant No.2 Adv. Khandagale h/f Adv. Tondwalkar for defendant Nos.3 to 6 CORAM :…

    Read Full Order

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