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CHAMBER SUMMONS

Sachin Uttamchand NagdaVsNirmala Uttamchand Nagda and Ors.

CNR MHCC01002167202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 07th June 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100337/2020
Registration Date
20 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: 16-03-2020
    Business: Advocate Ms. Yogini Gada for Plaintiff present and filed registered Chamber Summons no.337/2020 with affidavit in support, t.o.r.
    Advocate Mr. Ravi Irle for Defendant no.2 present
    Case is adjourned to 23/06/2020 for Chamber Summons hearing.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: Due to Covid 19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv Ravi Irle h/f ADv Preeti Shah for deft No.2 present.
    Adv Mr. Shirke for deft No.7 present and submitted that copy of Ch/s is not served on Deft No.7 by the plff.
    Advocate for the plff served copy of Ch/s on advocate for deft No.7 today in the Court.
    Advocates for deft Nos.2 and 7 seek time to file reply to said Ch/s No.337/2020.
    By consent, matter is adjd. for reply to Ch/s and NM hearing to 06.04.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Adv Smt. Gada for plff present.
    Adv Shirke for deft No.7 present.
    Adv. Santosh Jadhav for defendant No.2 present and seeks time to file reply to CS. O-Granted till next date.
    Matter is adjd. for filing reply 08.06.2021.
    Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: None present for plff.
    Adv Mr. Ravi Irle for deft No.2 present and seeks time to file reply to Ch/s No.337/2020.
    As nobody is present for plff, considering the present pandemic condition, matter adjd.at same stage till next date.
    Matter is adjd. for Ch/s reply to 18.08.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None present for plff.
    Adv Mr. Ravi Irle for deft No.2 present.
    Adv Mr. Nilesh Shirke for deft No.7 present.
    Advocates for deft Nos.2 and 7 seek time to file reply to Ch/s.
    O- Granted lastly till next date as nobody is present for plff.
    Matter is adjd. for Ch/s reply to 21.10.2021.
    Judge
    L.O. at 3.30 p.m.
    Adv Mr. Sanjay Sharma h/f Adv Ms.Shah plff present and seeks adjournment.
    Already adjd. to 21.10.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Deft No.7 present with his adv. Shirke and mentioned the matter in the morning session.
    Matter is on the board of afternoon session hence K.B.
    L.O. afternoon session.
    Adv Ms. Komal Shah for plff present.
    Adv Mr. Santosh Jadhav  present for deft. and filed affidavit in reply to Ch/s NO.337/2020.
    Adv Mr. Shirke for deft No.7 present and filed reply in Ch/s No.337/2020.
    By consent, matter is adjd. for NM and Ch/s hearing to 09.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv Ms. Komal Shah present for plff. and filed affidavit in rejoinder  in Ch/s No.337/2020.
    Adv Mr. Ravi Irle present for deft.No.2.
    Adv Mr. Shirke for deft No.7 present.
    None present for other defts.
    Matter is adjd. for Ch/s hearing to 20.01.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Ms. Vaishali Sharma present for plff.
    Adv Mr. Ravi Irle present for deft.No.2.
    Adv Mr. Shirke for deft No.7 present.
    Ld. advocates for parties submitted that settlement talks are in progress.
    By consent, matter is adjd. for settlement to 20.04.2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv Yogini Gada a/w Ad Komal Shah present for plff.
    Adv Nilesh Shirke for deft No.7 present.
    Adv Mr. Ravi Irle for deft No.2 present.
    Ld. advocates present as above submitted that there is likelihood of settlement. Since it appears that there exists an element of settlement, matter is referred to Lokadalat scheduled to be held on 07.05.2022.
    Matter is adjd. for settlement to 07.05.2022.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: CORAM: H.H.J. Shri. A.H. Laddhad  National Lok Adalat Panel - 8
    Advocate for plaintiff present.
    Advocate  Ravi Irle  a/w Adv. Preeti Shah for defendant No. 2 present.
    Advocate Nilesh Shivlee for defendant No. 7 present.
    As the defendant No. 3 to 5 are absent matter is not settled, hence referred to regular Court.
    Parties are requested to keep the matter before vacation Court.
    As the matter is almost settled.
    Hence at the request of the parties matter is adjourned to 12.05.2022
    Matter is Adjourned to 12.05.2022
    H.H.J. Shri. A.H. Laddhad    Adv. Rohan Waghmare     Adv. Tejas Kothalikar
     Panel Head
    Next Purpose: SETTLEMENT
    Next Hearing Date: 12-05-2022
    
    Date: 12-05-2022
    Business: Coram: HHJ Shri S.T. Soor (C.R.No.2)
    Matter pertains to CR No.62.
    Plff present.
    Adv Komal Shah for plff present.
    Deft no.2 and 7 present .
    ADv Priti Shah a/w Santosh Jadhav for deft No2 present .
    Adv N.T. Shirke for deft No.7 present.
    Put up before regular Court.
    Matter already Adjd. for withdrawal to 23/06/2022.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 23-05-2022
    
    Date: 23-05-2022
    Business: Plaintiff present with his adv. Smt. Komal Shah.
    Defendant No.2 present with his adv.Santosh Jadhav.
    Defendant No.7 present with his adv. Nilesh Shirke.
    Advocate for plaintiff filed affidavit of service of Chamber Summons No.337 of 2020.
    After filing the affidavit of service, learned advocate for the plaintiff endorsed on Chamber Summons No.337 of 2020 as plaintiff is pressing the chamber summons only to the extent of deleting the name of defendant No.1.
    Affidavit of service filed today shows that defendant Nos.2 and 6 are properly served with Chamber Summons. Advocate for plaintiff seeks time to serve defendant Nos.3 to 5 with Chamber Summons No.337 of 2020. Time granted till next date.
    Plaintiff and defendant Nos.2 and 7 are present in court today in person with their respective learned advocates. They have filed Consent Terms at Exh.5.
    Plaintiff and his advocate filed application Exh.6 for seeking permission to withdraw the suit against the defendant Nos.3 to 6. Plaintiff to serve defendant Nos.3 to 6 with application Exh.6 and consent terms Exh.5.
    By consent, matter is adjd. for service of Chamber Summons on defendant Nos.3 to 5, for service of application Exh.6 on defendant Nos.3 to 6 and for verification of consent terms to 24/05/2022.
    Judge
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 24-05-2022
    
    Date: 24-05-2022
    Business: Plaintiff present in person with his learned adv. Samt. Komal Shah.
    Defendant No.2 present in person with his learned adv. Shri Santosh Jadhav.
    Defendant No.7 present in person with his learned adv. Shri Shirke.
    Advocate for plaintiff filed affidavit of service in compliance of the direction given on 23/05/2022 however, perusal of the affidavit and its annexures does not show that plaintiff has intimated defendant Nos.3 to 6 that matter is kept today. In fact, any date is not mentioned in the notices served on those defendants hence, even though those defendants are properly served, for want of informing the date fixed in the matter, any adverse order cannot be passed either in CS No.337 of 2020 or the application filed yesterday for seeking permission to withdraw the suit against defendant Nos.3 to 6. Learned advocate for the plaintiff submitted that plaintiff will serve those defendants again and will also inform the date fixed in the matter so as to enable those defendants to attend the court and file reply, if any, to the chambers summons and the application.
    On request of learned advocate for the plaintiff, consent terms filed yesterday by plaintiff, defendant No.2 and 7 are verified today as she submitted that plaintiff has travelled to Mumbai from Hyderabad.
    On inquiry, plaintiff and defendant Nos.2 and 7 have admitted the contents of consent terms to be true, correct and admissible to them.
    Since Chamber Summons and the application for seeking permission to withdraw the suit against defendant Nos.3 to 6 are pending, final order in view of the consent terms cannot be passed today.
    Matter is adjd. for service of Chamber Summons, application and copy of Consent Terms on defendant Nos.3 to 6 to 07/06/2022 at 12.00 noon.
    Judge
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 07-06-2022
    
    Date: 24-05-2022
    Business: Plaintiff present in person with his learned adv. Samt. Komal Shah.
    Defendant No.2 present in person with his learned adv. Shri Santosh Jadhav.
    Defendant No.7 present in person with his learned adv. Shri Shirke.
    Advocate for plaintiff filed affidavit of service in compliance of the direction given on 23/05/2022 however, perusal of the affidavit and its annexures does not show that plaintiff has intimated defendant Nos.3 to 6 that matter is kept today. In fact, any date is not mentioned in the notices served on those defendants hence, even though those defendants are properly served, for want of informing the date fixed in the matter, any adverse order cannot be passed either in CS No.337 of 2020 or the application filed yesterday for seeking permission to withdraw the suit against defendant Nos.3 to 6. Learned advocate for the plaintiff submitted that plaintiff will serve those defendants again and will also inform the date fixed in the matter so as to enable those defendants to attend the court and file reply, if any, to the chambers summons and the application.
    On request of learned advocate for the plaintiff, consent terms filed yesterday by plaintiff, defendant No.2 and 7 are verified today as she submitted that plaintiff has travelled to Mumbai from Hyderabad.
    On inquiry, plaintiff and defendant Nos.2 and 7 have admitted the contents of consent terms to be true, correct and admissible to them.
    Since Chamber Summons and the application for seeking permission to withdraw the suit against defendant Nos.3 to 6 are pending, final order in view of the consent terms cannot be passed today.
    Matter is adjd. for service of Chamber Summons, application and copy of Consent Terms on defendant Nos.3 to 6 to 07/06/2022 at 12.00 noon.
    Judge
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv.Yogini Gada for plaintiff present.
    Adv.Santosh Jadhav for defendant No.2 present.
    Adv.N.J. Shirke for defendant No.7 present.
    KB
    LO at 12.15 pm,
    Same appearance.
    The plaintiff filed service affidavit t.o.r. and marked as Exh.7.
    Heard the plaintiff, defendant No.2 and 7 on chamber summons and Exh.6.
    KB for order.
    LO at 05.20 pm,
    Adv.Yogini Gada for plaintiff present.
    Adv.Santosh Jadhav for defendant No.2 present.
    Adv.N.J. Shirke for defendant No.7 present.
    The plaintiff tendered precipee on tracking report t.o.r. and marked as Exh.8.
    F.R.S.R. the following order is passed.
    ORDER
    1. Chamber Summons No.337 of 2020 is allowed.
    2. The plaintiff is allowed to carry out the amendment as proposed in the Chamber Summons.
    3. Chamber Summons is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 07-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102016/2020
    Filing Date: 20-02-2020
    First Hearing Date: 16th March 2020
    Decision Date: 07th June 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Jun 2022

    Order Details: Chamber summons Pdf Text: 1 C/S NO.337-2020 in SU-1172-2019 IN THE CITY CIVIL COURT AT MUMBAI. CHAMBER SUMMONS No.337 OF 2020 (CNR No.MHCC01-002167-2020) IN SUIT No.1172 OF 2019 (CNR No.MHCC01-010155-2019) Sachin Uttamchand Nagda }...PLAINTIFF VERSUS Nirmala Uttamchand Nagda & Ors. }...DEFENDANTS Appearance Smt. Yogini Gada, learned advocate for the plaintiff. Shri. Santosh Jadhav, learned advocate for the defendant no.2. Shri. N.G. Shirke, learned advocate for the defendant no.7. CORAM : HIS HONOUR JUDGE SHRI. R.A. SASNE (C.R.NO.62) Date…

    Read Full Order

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