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CHAMBER SUMMONS

The Bombay Cloth Market Co. Ltd.VsVijay Premnath Mishra

CNR MHCC0100219320202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd August 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100339/2020
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 09

    Case History / Proceedings

    Case History
    Date: 29-02-2020
    Business: Adv.Shah for plaintiff is present.
    Adv. Yadav for defendant is present.
    Defendant is present.
    Plaintiff tendered registered chamber summons no.339/2020 . Copy given to other side.
    Adjourned for chambers summons reply  on 28.03.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-04-2020
    
    Date: 28-03-2020
    Business: adjourned
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-06-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Business: National Lockdown
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-11-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-01-2021
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: None present.
    Matter stands Adj for CS reply to 23.02.2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-02-2021
    
    Date: 07-01-2021
    Business: None present.
    Matter stands Adj for CS reply to 23.02.2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv Karan Gandhi for plff present.
    Adv S. K. Saha for deft present.
    He seeks time to file CS reply.  Granted as last chance.
    Matter stands Adj for CS Reply to 19/03/2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv Pankaj Shah for plff present.
    Deft in person present and his Adv absent.
    Last chance is granated to file CS reply.
    Matter stands Adj for CS Reply to 23/04/2021.
    LO
    Adv Yadav for deft present.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Due to Covid-19, Matter adjourned.
    Next Purpose: C/S REPLY
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Adv Chirag Unadkat for plff present.
    Deft failed to file reply to CS.
    Matter stands Adj for Without reply order on CS to 20/10/2021.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv Karan Gandhi for plff present.
    None for deft.
    CS proceeded without reply of deft.
    Matter stands Adj for CS Hearing to 29/11/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv Pankaj Shah for plff present.
    Deft present.
    Adv Pal for deft present.
    He seeks time for CS Hearing.  Granted.
    Matter stands Adj for CS Hearing to 27/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Adv P. M. Shah for plff present.
    None for deft.
    Matter stands Adj for CS Hearing to 09/03/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-03-2022
    
    Date: 09-03-2022
    Business: Adv Karan Gandhi for plff present.
    Deft present.
    Adv Yadav for deft present.
    He seeks time for CS Hearing.  Granted.
    Matter stands Adj for CS Hearing to 18/04/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Chirag Onadkar for plaintiff present.
    Adv. Sunita Dubey for defendant present.
    She seek time for ch/s hearing . Time granted.
    Matter is adjd to 03/08/2022 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv.  Chirag Unadkar for plaintiff present.
    Defendant present.
    Adv. V. P. Shukla for defendant present.
    He seek time for reply to ch/s . Time granted as last chance subject to undertaking to work out matter on next date.
    On Failure ch/s will proceed without reply of defendant.
    Matter is adjd for reply to 20/09/2022.
    Next Purpose: REPLY
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Unadkar for plaintiff present.
    Adv. Yadav for defendant present.
    He filed reply to ch/s no. 339/2020. TOR.
    Copy served on other side.
    Defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 18/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv.  Shah for plaintiff present.
    Adv. Sunita Dubey for defendant present.
    She seek time for hearing. Time granted as last chance.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 16/01/2023.
    Next Purpose: HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: P.O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: Adv.  Shah  for plaintiff present.  He filed rejoinder. TOR. copy served on other side.
    Adv. Sunita Dube for defendant present.
    Matter adjourned for chamber summons to 16.06.2023 on request of both advocates.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-06-2023
    
    Date: 17-03-2023
    Business: Adv.  Shah  for plaintiff present.  He filed rejoinder. TOR. copy served on other side.
    Adv. Sunita Dube for defendant present.
    Matter adjourned for chamber summons to 16.06.2023 on request of both advocates.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Mr. P.M. Shah for plaintiff present.
    Defendant present.
    Adv. Mr.Yadav h/f Adv. B.P. Shukla for defendant present.
    Matter adjourned for C/S hearing on 28.07.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2023
    
    Date: 16-06-2023
    Business: Adv. Mr. P.M. Shah for plaintiff present.
    Defendant present.
    Adv. Mr.Yadav h/f Adv. B.P. Shukla for defendant present.
    Matter adjourned for C/S hearing on 28.07.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Advocate Ms. Archana Jha h.f Adv. P.M. Shah for plaintiff present.
    Defendant present.
    Advocate Mr. Ravindra Singh for defendant present.
    KB
    LO at 3.30 P.M.
    Advocate D.P. Shukla for defendant present.
    Plaintiff seeks time. O- Granted.
    Matter adjourned for C/S hearing on 29.08.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-08-2023
    
    Date: 28-07-2023
    Business: Advocate Ms. Archana Jha h.f Adv. P.M. Shah for plaintiff present.
    Defendant present.
    Advocate Mr. Ravindra Singh for defendant present.
    KB
    LO at 3.30 P.M.
    Advocate D.P. Shukla for defendant present.
    Plaintiff seeks time. O- Granted.
    Matter adjourned for C/S hearing on 29.08.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-08-2023
    
    Date: 29-08-2023
    Business: Defendant present.
    Advocate Ms. Archana Jha h.f Advocate Mr.P.M. Shah for plaintiff present.
    Advocate Mr. Abhishek Shukla h.f Advocate B.P. Shukla for defendant present.
    Both seeks time to argue C/S. O- Granted.
    Matter adjourned for C/S hearing  on 26.09.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 29-08-2023
    Business: Defendant present.
    Advocate Ms. Archana Jha h.f Advocate Mr.P.M. Shah for plaintiff present.
    Advocate Mr. Abhishek Shukla h.f Advocate B.P. Shukla for defendant present.
    Both seeks time to argue C/S. O- Granted.
    Matter adjourned for C/S hearing  on 26.09.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Plaintiff is present.
    Def. no. 1 is present.
    Adv. Ms. Banushah for plaintiff present.
    As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
    Matter is adj. for Ch/S hearing to  26/10/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2023
    
    Date: 26-09-2023
    Business: Plaintiff is present.
    Def. no. 1 is present.
    Adv. Ms. Banushah for plaintiff present.
    As Court is busy in dictating order in Suit No. 824/2023. Hence, matter is adjourned.
    Matter is adj. for Ch/S hearing to  26/10/2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: P.O.is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-11-2023
    
    Date: 26-10-2023
    Business: P.O.is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Advocate Mr. P. M. Shah for plaintiff present.
    Advocate Ms. Sunita Dubey h.f. Advocate B.P. Shukla for defendant present and seeks time. O- Granted.
    Matter adjourned for C/S hearing on 13.12.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2023
    
    Date: 21-11-2023
    Business: Advocate Mr. P. M. Shah for plaintiff present.
    Advocate Ms. Sunita Dubey h.f. Advocate B.P. Shukla for defendant present and seeks time. O- Granted.
    Matter adjourned for C/S hearing on 13.12.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Advocate ARCHANA ZHA HOLDING FOR P H SHAHA for plaintiff present.
    Advocate B P SHUKLA for defendant present.
    Matter adjourned for  C/S HEARING  on 23.01.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 13-12-2023
    Business: Advocate ARCHANA ZHA HOLDING FOR P H SHAHA for plaintiff present.
    Advocate B P SHUKLA for defendant present.
    Matter adjourned for  C/S HEARING  on 23.01.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: Advocate Ms. Archana Jha h.f. Advocate P.M. Shah for Plaintiff present.
    Advocate Mr. B.P. Shukla for defendant present.
    Kept back
    Later on at 3.35 P.M.
    Advocate Ms. Archana Jha h.f. Advocate P.M. Shah for Plaintiff present and seeks time. O- Granted.
    Matter adjourned for C/S hearing on 14.02.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 23-01-2024
    Business: Advocate Ms. Archana Jha h.f. Advocate P.M. Shah for Plaintiff present.
    Advocate Mr. B.P. Shukla for defendant present.
    Kept back
    Later on at 3.35 P.M.
    Advocate Ms. Archana Jha h.f. Advocate P.M. Shah for Plaintiff present and seeks time. O- Granted.
    Matter adjourned for C/S hearing on 14.02.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Defendant present.
    Advocate Ms. Archana Jha for plaintiff present.
    Advocate Mr. B.P. Shukla for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for C/S hearing on 18.03.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 14-02-2024
    Business: Defendant present.
    Advocate Ms. Archana Jha for plaintiff present.
    Advocate Mr. B.P. Shukla for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for C/S hearing on 18.03.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-03-2024
    
    Date: 18-03-2024
    Business: Advocate Mr. Shivam Desai h.f. Advocate Piyush Shah for plaintiff present.
    Advocate Mr. Abhishek Shukla h.f. Advocate Bipin Shukla for defendant present.
    Matter adjd to 18.04.2024 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-03-2024
    Business: Advocate Mr. Shivam Desai h.f. Advocate Piyush Shah for plaintiff present.
    Advocate Mr. Abhishek Shukla h.f. Advocate Bipin Shukla for defendant present.
    Matter adjd to 18.04.2024 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: Advocate Ms. Archana Jha for plaintiff present.
    Advocate Mr. J.S. Yadav h.f. Advocate B.P. Shukla for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for C/S hearing on 21.06.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 18-04-2024
    Business: Advocate Ms. Archana Jha for plaintiff present.
    Advocate Mr. J.S. Yadav h.f. Advocate B.P. Shukla for defendant present.
    By consent of both the parties, matter is adjourned.
    Matter adjourned for C/S hearing on 21.06.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-06-2024
    
    Date: 21-06-2024
    Business: Advocate P.M. Shah for plaintiff present.
    Advocate Sunita Dubey for defendant present  and seeks time. O- Granted as a last chance. She is directed to make her submission on C/S on the next date without fail, otherwise the C/S will decided as per its own merit.
    Matter is adjourned for C/S hearing on 15.07.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-07-2024
    
    Date: 21-06-2024
    Business: Advocate P.M. Shah for plaintiff present.
    Advocate Sunita Dubey for defendant present  and seeks time. O- Granted as a last chance. She is directed to make her submission on C/S on the next date without fail, otherwise the C/S will decided as per its own merit.
    Matter is adjourned for C/S hearing on 15.07.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-07-2024
    
    Date: 15-07-2024
    Business: Advocate Mr. P.M. Shah for plaintiff present.
    Advocate Ms. Sunita Dubey for defendant present.
    Kept back
    Later on at 4.15 P.M.
    Advocate Mr. Shukla for defendant present.
    Court is busy in hearing argument in Chamber summons 782/2023 in SU 6644/2004.
    Matter is adjourned for C/S hearing on 18.07.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 15-07-2024
    Business: Advocate Mr. P.M. Shah for plaintiff present.
    Advocate Ms. Sunita Dubey for defendant present.
    Kept back
    Later on at 4.15 P.M.
    Advocate Mr. Shukla for defendant present.
    Court is busy in hearing argument in Chamber summons 782/2023 in SU 6644/2004.
    Matter is adjourned for C/S hearing on 18.07.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-07-2024
    
    Date: 18-07-2024
    Business: Advocate Mr. B.P. Shukla for defendant present.
    Plaintiff and advocate absent.
    Matter is adjourned for C/S hearing on 08.10.2024.
    Later on at 5.00 P.M.
    Advocate Piyush Shah for plaintiff present. He has submitted that on 15.07.2024 the plaintiff has completed his argument on C/S and this matter was kept at 5.00 P.M.. for defendants argument.  However despite of this, this matter has taken up at 3.30 P.M. and adjourned on 08.10.2024 which is a long date. Hence he has requested this court by considering above said fact the date be prepond. Considering the submission the date is prepond and matter is adjourned to 01.08.2024. The plaintiff is directed to intimate the prepond date to defendant.
    Matter is adjourned for C/S hearing on 01.08.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 18-07-2024
    Business: Advocate Mr. B.P. Shukla for defendant present.
    Plaintiff and advocate absent.
    Matter is adjourned for C/S hearing on 08.10.2024.
    Later on at 5.00 P.M.
    Advocate Piyush Shah for plaintiff present. He has submitted that on 15.07.2024 the plaintiff has completed his argument on C/S and this matter was kept at 5.00 P.M.. for defendants argument.  However despite of this, this matter has taken up at 3.30 P.M. and adjourned on 08.10.2024 which is a long date. Hence he has requested this court by considering above said fact the date be prepond. Considering the submission the date is prepond and matter is adjourned to 01.08.2024. The plaintiff is directed to intimate the prepond date to defendant.
    Matter is adjourned for C/S hearing on 01.08.2024.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Advocate Mr. Piyush Shah a/w Pankaj Shah for plaintiff present.
    Advocate Mr. B.P. Shukla for defendant present.
    Kept back
    Later on at 4.00 P.M.
    Heard argument of both the advocates on C/S 339/2020.
    Matter is adjourned for C/S order on 03.08.2024.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-08-2024
    
    Date: 01-08-2024
    Business: Advocate Mr. Piyush Shah a/w Pankaj Shah for plaintiff present.
    Advocate Mr. B.P. Shukla for defendant present.
    Kept back
    Later on at 4.00 P.M.
    Heard argument of both the advocates on C/S 339/2020.
    Matter is adjourned for C/S order on 03.08.2024.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 03-08-2024
    
    Date: 03-08-2024
    Business: Advocate Pankaj Shah a/w Manisha Jain i/b P.M. Shah for plaintiff present.
    Advocate Mr. Yadav for defendant present.
    FRSR following order is passed-
    O R D E R
    1. Chamber summons No. 339 of 2020 is hereby allowed with no order as to costs.
    2. The plaintiff is directed to carry out necessary amendment within a limitation.
    3. Plaintiff to file copy of amendment plaint.
    Nature Of Disposal: ALLOWED
    Disposal Date: 03-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102362/2020
    Filing Date: 20-02-2020
    First Hearing Date: 29th February 2020
    Decision Date: 03rd August 2024
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Aug 2024

    Order Details: Chamber summons Pdf Text: ORDER ..1.. MHCC010021932020 IN THE CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO. 339 OF 2020 IN SUIT NO. 1676 OF 2019 (OLD SUIT NO.1102 OF 2013) The Bombay Cloth Market Co. Ltd. ...Plaintiff. Versus Vijay Premnath Mishra. ...Defendant. Appearance: Advocate Mr. Piyush Shah a/w Pankaj Shah for plaintiff. Advocate Mr. B.P. Shukla for defendant. CORAM : HIS HONOUR JUDGE R.V. Bhakta COURT NO.2 DATED : 3rd August, 2024. ORAL ORDER This is…

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