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CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th December 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100336/2020
Registration Date
18 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: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    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: CHAMBER SUMMONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    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: CHAMBER SUMMONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view 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: CHAMBER SUMMONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: None present.
    The matter is adjourned to  10.02.2021 for service.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Plaintiff present.
    Advocate for Plaintiff absent.
    None for defendant.
    KB
    LO at 3.53pm
    Advocate S.K.Mishra for Plaintiff present and sought extension of leave to register Ch/s. Leave is extended till next date as last opportunity.
    The case is adjourned to 10.03.2021  for service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Court is on leave. Hence Board is discharged.
    Next Purpose: SERVICE
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: SERVICE
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Matter called out at 3.00pm
    Plaintiff in person @ his Adv. Gaurav Tiwari present.
    Adv of plaintiff informed that original Ch/sum is misplace. Therefore he requested  allow to withdraw Ch/sum 336/20.
    In my View the plaintiff already serve copy of Ch/sum to the defendant.
    Ch/sum is only for bringing L.R. of Def no. 1, going into technicalities will delay the proceeding therefore, I accept duplicate ch/sum and T.O.R
    Adv. for defendant.
    Matter stands adjourned to 18-09-2021 reply & hearing.
    Next Purpose: REPLY
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Matter called out at 4.05 p.m
    Adv. Jayesh Bhatt for plaintiff present.
    Adv. for defendant.
    Ld. Adv. for plaintiff seeking permission to serve defendants with photocopy of CS. O – Allowed. Defendant is allowed to serve by all means of service.
    Matter stands adjourned to 13.10.2021
    Next Purpose: SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Matter called out at 3.06 p.m.
    Adv. Bhatt for plaintiff present.  He is seeking time to file affidavit of service. Time granted.
    None present for defendant.
    Matter stands adjourned to 04.12.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2021
    
    Date: 04-12-2021
    Business: Matter called out at 3.16 p.m.
    Adv. Shaunak Bhatt h/f Adv. Jayesh Bhatt for plaintiff present.
    Adv. Akhil Kupade a/w Adv. Niket Harit I/b Manoj Harit and Co. for Deft. No.1 present.
    Kept back.
    Later on at 5.21 p.m.
    Heard both sides on CS No.336/20.
    Plaintiff filed CS No.336/20 for bringing LRs of Deft. No.1 on record.  Adv. Akhil Kupade appeared on behalf of LRs of Deft. No.1.  As the suit is filed by plaintiff challenging the agreement as null and void, thus, right to survive against the defendant. Thus, looking to the aforesaid fact, I am of the view, that CS needs to be allowed.
    Plaintiff is allowed to bring LRs of Defendant. No.1 on record and to carry out necessary consequential amendment in the plaint within a period of 14 days from the date of order.
    Plaintiff to serve the proposed defendant with amended pliant.
    Costs in cause.
    CS is disposed of accordingly.
    Matter stands adjourned to 25.01.2022 for NM hearing.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102358/2020
    Filing Date: 18-02-2020
    First Hearing Date: 01st April 2020
    Decision Date: 04th December 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Dec 2021
    Order Details: Other
    Pdf Text: 04.12.2021
    Sr. No. 43
    SU 405/13
    @CS 336/20
    NM 4066/18
    CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 3.16 p.m.
    Adv. Shaunak Bhatt h/f Adv. Jayesh Bhatt for plaintiff present.
    Adv. Akhil Kupade a/w Adv. Niket Harit I/b Manoj Harit and Co. for Deft. No.1
    present.
    Kept back.
    Later on at 5.21 p.m.
    Heard both sides on CS No.336/20.
    Plaintiff filed CS No.336/20 for bringing LRs of Deft. No.1 on record. Adv.
    Akhil Kupade appeared on behalf of LRs of Deft. No.1. As the suit is filed by
    plaintiff challenging the agreement as null and void, thus, right to survive
    against the defendant. Thus, looking to the aforesaid fact, I am of the view,
    that CS needs to be allowed.
    Plaintiff is allowed to bring LRs of Defendant. No.1 on record and to
    carry out necessary consequential amendment in the plaint within a
    period of 14 days from the date of order.
    Plaintiff to serve the proposed defendant with amended pliant.
    Costs in cause.
    CS is disposed of accordingly.
    Matter stands adjourned to 25.01.2022 for NM hearing.
    Judge
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