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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Dharshana Chirag ShahVsM/s. Chirag Corporation +2 more

CNR MHCC01002039201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ORDER
Decision Date: 19th March 2021

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100035/2018
Registration Date
08 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-04-2018
    Reason For Adjournment: court time is over
    Next Hearing Date: 03-05-2018
    
    Date: 03-05-2018
    Business: Adv. Ranawant for plaintiff present.
    Adv. Sapra for defendant present and tendered 03 draft N.M. along with affidavit in support. Leave is granted returnable on 28/06/2018
    Adjd to 28/06/2018 for N.M. reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: Advocate for plff. present.
    Defts. absent. Their adv. for deft. absent. Ms. Ashan, for deft. present.
    Suit is adjd to 29/09/18 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-09-2018
    
    Date: 29-09-2018
    Business: Court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 31-01-2019
    
    Date: 29-09-2018
    Business: Court is vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Adv. Jitendra Ranawat for plaintiff present.
    Adv. Vidya Dongre I/b Adv. Leena Sapra for defendant present.
    Adv. for defendant stated that she wants to file the Notice of motion in the suit when asked when the notice of motion was registered on verifying the record adv for defendant stated that it is registered on 27/06/2018. Since 27/06/2018 till this day ie. 31/01/2019 the notice of motion is with the defendant. This lapse on the part of defendant shows shows that defendant is trying to protract the litigation.
    The registered notice of motion is taking on record with the above noting of act of the defendant which will be considered at the time of decision of Notice of motion.
    Adv. for defendant tender original NM No.2356/18.
    Adv. for defendant tender original NM No. 2357/18
    Adv. for defendant tender original NM No. 2358/18
    Adv for plaintiff stated that he is taking the copy of all the notice of motions and will file reply on next date
    The plaintiff and defendant are directed to argue all the notice of motion and summons for judgment on next date.
    Adjd for reply to 02/03/2019
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2019
    
    Date: 31-01-2019
    Business: Adv. Jitendra Ranawat for plaintiff present.
    Adv. Vidya Dongre I/b Adv. Leena Sapra for defendant present.
    Adv. for defendant stated that she wants to file the Notice of motion in the suit when asked when the notice of motion was registered on verifying the record adv for defendant stated that it is registered on 27/06/2018. Since 27/06/2018 till this day ie. 31/01/2019 the notice of motion is with the defendant. This lapse on the part of defendant shows shows that defendant is trying to protract the litigation.
    The registered notice of motion is taking on record with the above noting of act of the defendant which will be considered at the time of decision of Notice of motion.
    Adv. for defendant tender original NM No.2356/18.
    Adv. for defendant tender original NM No. 2357/18
    Adv. for defendant tender original NM No. 2358/18
    Adv for plaintiff stated that he is taking the copy of all the notice of motions and will file reply on next date
    The plaintiff and defendant are directed to argue all the notice of motion and summons for judgment on next date.
    Adjd for reply to 02/03/2019
    Next Purpose: REPLY
    Next Hearing Date: 02-03-2019
    
    Date: 02-03-2019
    Business: Adv. Jeetendra Ranavat for plaintiff present.
    Adv. Sapra for defendant present.
    Adv. for plaintiff filed reply  to NM No. 2356/18, NM No. 2357/18 and NM No. 2358/18. t.o.r.
    Adv. for plaintiff filed list of original documents. t.o.r.
    Adjd for arguments to 18/03/2019.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-03-2019
    
    Date: 02-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. for Jeetendra Ranawat for plaintiff present.
    Adv. Leena Sapra for defendant present.
    Adv. for defendant filed an affidavit in support of draft Notice of motion.
    Adv. for defendant filed draft Notice of Motion. O- Leave granted to register Notice of Motion.
    Adv. for plaintiff stated that he will not file reply to the Notice of Motion but will argue the NM today filed by the Defendant.
    The defendant is hereby directed to register the Notice of Motion and file the registered NM immediately.
    The parties to argue the Notice of motion tendered by the defendant today which is for passing order to hear NM filed by the defendant earlier and hear SJ  after the orders are passed in other Notice of Motions.
    Therefore it is necessary to hear to notice of motion filed by Defendant today.
    Adjd for NM for hearing filed today to 27/03/2019.
    Later on
    Adv. Leena Sapra for defendant filed original Notice of motion No. 1203/19 along with affidavit in support t.or.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2019
    
    Date: 27-03-2019
    Business: Adv. Jeetendra Ranawat for plaintiff is present.
    Adv. Leena Sapra for defendant is present.
    Heard, respective advocates on NM.
    Adjd for NM orders to 02.04.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Adv. Sagar Dusane along with Adv. Y. S. Singh I/b Adv. Jeetendra Ranawat for plaintiff present.
    None present for defendant.
    FRSR the following order is passed in NM NO. 1203/19
                                     ORDER
    1. The notice of motion is allowed.
    2. The parties are directed to argue the three notice of motion filed by the defendant under order 7 rule 11 of the CPC.
    3. Accordingly Notice of Motion is disposed of.
    Adjd for NM for arguments to 26/06/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: Adv. Y. S. Singh for plaintiff present.
    Adv. Leena Sapra for defendant present.
    Adv. for plaintiff stated that the plaintiff has filed writ petition against the order passed in Notice of Motion.
    Adjd for NM arguments to 22/08/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-08-2019
    
    Date: 26-06-2019
    Business: Adv. Y. S. Singh for plaintiff present.
    Adv. Leena Sapra for defendant present.
    Adv. for plaintiff stated that the plaintiff has filed writ petition against the order passed in Notice of Motion.
    Adjd for NM arguments to 22/08/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Jeetendra Ranawat for plaintiff present.
    Adv. Leena Sapra for defendant present.
    Adv. for plaintiff stated that the writ petition is filed against order in Notice of motion therefore to adjourn the hearing of Notice of motion. Adjournment granted.
    Adjd for NM arguments to  11/10/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-10-2019
    
    Date: 22-08-2019
    Business: Adv. Jeetendra Ranawat for plaintiff present.
    Adv. Leena Sapra for defendant present.
    Adv. for plaintiff stated that the writ petition is filed against order in Notice of motion therefore to adjourn the hearing of Notice of motion. Adjournment granted.
    Adjd for NM arguments to  11/10/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Adv. Jeetendra Ranawat for plaintiff present.
    Adv. Leena Sapra for defendant present.
    Due to charge of other courts therefore there is a time constraint to hear the arguments.
    Adjourned for NM arguments to 09/12/2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Adv.Ranawat for plaintiff is present.
    Adv.Vidya for defendant is present.
    Advocate for plaintiff tendered xerox copy of order    of the Hon\''ble High Court in writ petition No.6741/91. t.o.r.
    Matter adjd for NM argument to 16.12.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv.Leena Sapra for defendant present.
    Adv. Jeetendra Ranawat for defendant present.
    Heard argument of advocate of both side.
    Matter adjd to 18.12.2019 at 4.00pm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. for plaintiff present.
    Adv. for defendant present, he filed copy of judgment relied upon by  the defendants. t.o.r.
    Matter adjd to 21.12.2020 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Mr. Jeetendra Ranawat, Advocate for the Plaintiff.
    Ms. Leena Sapra, Advocate for the Defendants.
    F.R.S.R.  Following order  is passed in Notion of Motion
                                             ORDER
    1. Notice of Motion nos. 2356/2018, 2357/2018, 2358/2018 in Summary Suit No.1347/2017,notice of Motion nos. 2359/2018, 2360/2018 and 2361/2018 in Summary Suit No. 1348/2017, notice of motion nos. 2362/2018, 2363/2018 and 2364/2018 in Summary Suit No. 1360/2017, notice of motion nos. 2365/2018, 2366/2018 and 2367/2018 in Summary Suit No. 1359/2017 and notice of motion nos. 2368/2018, 2369/2018, 2370/2018 in Summary Suit No. 1343/2017 are dismissed.
    2.  Accordingly all the above notice of motions are disposed of.
    3. The copy of order of notice of motions be kept in Suit Nos. 1348/2017, 1360/2017, 1359/2017 and 1343/2017.
    Adjd to 07/02/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Jeetendra Ranawat for plaintiff present.
    Adv. Vidya Dongre h/f Adv. Sapra for defendant present and seeks time.
    Adjd for SJ hearing to 19/03/2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: P.O. is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-07-2020
    
    Date: 19-03-2020
    Business: P.O. is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-07-2020
    
    Date: 03-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Adv. Jeetendra Ranawat for plaintiff present.
    Adjd for Sj hearing to 21/01/2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Adv. Jeetendra Ranawat for plaintiff present.  None for defendant.
    Today matter is for SJ hearing.
    Heard ld adv for plaintiff in SJ.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for argument of defendant in SJ to 25-02-2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 21-01-2021
    Business: Adv. Jeetendra Ranawat for plaintiff present.  None for defendant.
    Today matter is for SJ hearing.
    Heard ld adv for plaintiff in SJ.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for argument of defendant in SJ to 25-02-2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv. Ranavat for plaintiff present.
    Adv Jugal Kanani for defendant present.
    Heard both sides.
    Ld Adv for defendant relied upon six citations t.o.r.
    Ld adv for plaintiff submits that he will cite one citation.
    KB L.O. at 3.53 pm
    Ld Adv for plaintiff relied upon one citation of the Hon''ble Supreme Court. He states that it is landmark judgement and in para no. 18 five principal are given t.o.r.
    Heard both advocates.
    Matter adjd for SJ order to 18-03-2021.
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2021
    
    Date: 25-02-2021
    Business: Adv. Ranavat for plaintiff present.
    Adv Jugal Kanani for defendant present.
    Heard both sides.
    Ld Adv for defendant relied upon six citations t.o.r.
    Ld adv for plaintiff submits that he will cite one citation.
    KB L.O. at 3.53 pm
    Ld Adv for plaintiff relied upon one citation of the Hon''ble Supreme Court. He states that it is landmark judgement and in para no. 18 five principal are given t.o.r.
    Heard both advocates.
    Matter adjd for SJ order to 18-03-2021.
    Next Purpose: ORDER
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Adv. Lina Sapra for defendant present.
    Court is busy in dictating order in NM no. 86 of 2021 in Summary suit no. 371 of 2020 and part dictation in SJ no. 35 of 2018.
    Matter adjd for SJ order to 19-03-2021.
    Next Purpose: ORDER
    Next Hearing Date: 19-03-2021
    
    Date: 18-03-2021
    Business: None for plaintiff.
    Adv. Lina Sapra for defendant present.
    Court is busy in dictating order in NM no. 86 of 2021 in Summary suit no. 371 of 2020 and part dictation in SJ no. 35 of 2018.
    Matter adjd for SJ order to 19-03-2021.
    Next Purpose: ORDER
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: None for plaintiff.
    Adv. Leena Sapra for defendant present.
    F.R.S.R. following order is passed-
    ORDER
    Following order is passed in Summons for Judgement no. 35 of 2018 in Summary Suit no. 1347 of 2017 -
    1.   Leave to defend the Summary Suit no. 1347of 2017 is granted to the defendants on payment of Rs.10,00,000/-(Rs. Ten Lakhs only) to be deposited in the Court till 04-05-2021.
    2.   After depositing the said amount in the Court, the said amount be fixed in Fixed Deposit in Nationalised Bank till final disposal of The Summary Suit or until further order.
    3. The Summons for Judgement will be made absolute, if defendants fail to deposit the said amount of Rs.10,00,000/- in the Court as directed above.
    4.   After depositing the said amount as directed above defendants are allowed to file Written Statement on 11-06-2021.
    Matter adjd for compliance to 11-06-2021.
    Nature Of Disposal: ORDER
    Disposal Date: 19-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102159/2018
    Filing Date: 08-02-2018
    First Hearing Date: 02nd April 2018
    Decision Date: 19th March 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    19 Mar 2021

    Order Details: Copy of Judgment Pdf Text: MHCC010020392018 Presented on 08-02-2018 Registered on 08-02-2018 Decided on 19-03-2021 Duration Yrs. M. Days 03 01 11 CNR No. MHCC010020392018 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO.35 OF 2018 IN SUMMARY SUIT NO.1347 OF 2017 Dharshana Chirag Shah Age: 37 years having residence Address at Flato.501 and 502, Jeevan Deep CHS, Baburao Parulekar Marg, Off. Bhavani Shankar Road, Mumbai – 400 028. (Through Power of Attorney Holder…

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    Order 1Full order available
    19 Mar 2021

    Order Details: Copy of Judgment Pdf Text: MHCC010020392018 Presented on 08-02-2018 Registered on 08-02-2018 Decided on 19-03-2021 Duration Yrs. M. Days 03 01 11 CNR No. MHCC010020392018 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO.35 OF 2018 IN SUMMARY SUIT NO.1347 OF 2017 Dharshana Chirag Shah Age: 37 years having residence Address at Flato.501 and 502, Jeevan Deep CHS, Baburao Parulekar Marg, Off. Bhavani Shankar Road, Mumbai – 400 028. (Through Power of Attorney Holder…

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