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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

M/s. Kakad Engineers and ContractorsVs1 The State of Maharashtra 2 The Superintending Engineer 3The Executive Engineer 4Dy Engineer South

CNR MHCC01002329201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 29th April 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100072/2019
Registration Date
01 Mar 2019

Advocates

2

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-03-2019
Business: Adv. G. B. Pawar Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the plff filed filed registered SJ 72/19 alongwith affidavit. t.o.r.
Ld counsel for the plff tendered service affidavit of SJ 72/19.t.o.r.
Ld counsel for the deft no. 1 to 4 sought time to file reply to SJ 71/19. granted.
Ld counsel for the plff sought time to file reply to CS 68/19.
Adj. For Reply to SJ 72/19 by Deft no 1 to 4 and reply to CS 68/19 by plff on 22/04/2019.
Next Purpose: REPLY
Next Hearing Date: 22-04-2019

Date: 22-04-2019
Business: Matter transferred from Cr. no.09.
Adv. G. B. Pawar Present for the Plff.
Adv. Sachin Kadam Present for the Deft. no. 1 to 4.
Ld counsel for the deft no. 1 to 4 sought time to taking necessary steps. Granted.
Adj. for Steps on 26/07/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-07-2019

Date: 26-07-2019

Date: 26-07-2019
Business: None for plaintiff.
Adv. Dhiraj Kamble for defendant present.
Matter adjd for reply 28.08.2019
LO 3.30pm
Adv.Pawar for plaintiff present.
Next Purpose: REPLY
Next Hearing Date: 28-08-2019

Date: 28-08-2019

Date: 28-08-2019

Date: 28-08-2019
Business: Both parties are absent.
Matter adjd for Reply to 05.11.2019.
Next Purpose: REPLY
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Representative of plaintiff present, advocate is absent.
None for defendant.
Matter adj for reply to 20.12.2019.
Next Purpose: REPLY
Next Hearing Date: 20-12-2019

Date: 05-11-2019

Date: 05-11-2019

Date: 20-12-2019

Date: 20-12-2019

Date: 20-12-2019
Business: None present.
Plaintiff fail to file reply to Ch/s. Therefore Ch/s to proceed without reply.
Matter adjourned for Ch/s Hearing without reply to 02/03/2020.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020

Date: 02-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. G. B . Pawar for plff. Present.
Adv. Kudalkar for deft. Present.
Matter is adjd to 02.04.2020 for reply of Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 02-04-2020

Date: 02-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. G. B . Pawar for plff. Present.
Adv. Kudalkar for deft. Present.
Matter is adjd to 02.04.2020 for reply of Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 02-04-2020

Date: 02-04-2020

Date: 04-06-2020
Business: Duo to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 22-06-2020

Date: 04-06-2020

Date: 04-06-2020
Business: Duo to Covid-19 Lockdawn
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Business: Due to Covid-19 National Lockdawn
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2020

Date: 22-06-2020
Business: Due to Covid-19 National Lockdawn
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2020

Date: 22-06-2020
Business: Due to Covid-19 National Lockdawn
Next Purpose: C/S REPLY
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2020

Date: 10-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2020

Date: 10-08-2020
Business: Due to Covid-19 Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: Due to Covid-20 pandemic none appeared.
Next Purpose: C/S REPLY
Next Hearing Date: 01-02-2021

Date: 29-10-2020
Business: Due to Covid-20 pandemic none appeared.
Next Purpose: C/S REPLY
Next Hearing Date: 01-02-2021

Date: 29-10-2020
Business: Due to Covid-20 pandemic none appeared.
Next Purpose: C/S REPLY
Next Hearing Date: 01-02-2021

Date: 01-02-2021
Business: Both the parties and his advocate are absent .
L.O. At. 11.50 a.m.
Adv. G. B. Pawar for plff. Present.
Matter is adjd to 17.03.2021 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2021

Date: 01-02-2021
Business: Both the parties and his advocate are absent .
L.O. At. 11.50 a.m.
Adv. G. B. Pawar for plff. Present.
Matter is adjd to 17.03.2021 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2021

Date: 01-02-2021
Business: Both the parties and his advocate are absent .
L.O. At. 11.50 a.m.
Adv. G. B. Pawar for plff. Present.
Matter is adjd to 17.03.2021 for C/S Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 05.05.2021 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2021

Date: 17-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 05.05.2021 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2021

Date: 17-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 05.05.2021 for C/S reply.
Next Purpose: C/S REPLY
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 03-08-2021

Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic none appeared.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 03-08-2021

Date: 03-08-2021
Business: P.O. is on leave. The matter is adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None present.
The matter is adjd for Ch/sum hearing to 09.09.2021.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv. Kudalkar for deft. nos.1 to 4 present.
Heard Adv. For deft. nos.1 to 4 on Ch/sum no.68/19.
Plaintiff and his advocate are absent since long.  As per order dated 20.12.2019, Ch/sum proceeded without plaintiff\''s reply.  It appears that plaintiff is not interested in defending this Ch/sum.  Therefore, I shall proceed to decide it on merit.
ORDER ON CH/SUM NO.68/19
      Perused the affidavit filed along with Ch/sum.  It is submitted on behalf of deft. nos.1 to 4 that Registration Branch of the Office of deft. no.2 received the summons on 29.08.2018. Summons were forwarded to the concerned department. Officials of concerned department approached Government Pleader for marking their appearance before the Court.  Delay was caused as the papers were received from the concerned department in the normal course of business.  It is submitted that deft. nos.1 to 4 want to contest the suit on merits.  Delay is not deliberate.
     Considering the reasons mentioned in the affidavit filed along with Ch/sum, it would be expedient to allow deft. nos.1 to 4 to appear before the Court in accordance with Order 37 Rule 3 of C.P.C. Hence, the following order.
ORDER
1.    Ch/sum no.68/19 is allowed in terms of prayer clause (a) and (b).
2.        No order as to costs.
3.        Ch/sum no.68/19 is disposed of accordingly.
Record shows that plaintiff has already tendered summons for judgment no.72/19.  Ld. Counsel for deft. nos.1 to 4 submitted that S/J is already served upon deft. nos.1 to 4.
The matter is adjd for reply to S/J to 23.09.2021.
Next Purpose: REPLY
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: None for plaintiff.
Adv. Kudalkar for deft. nos.1 to 4 present.
Reply to S/J is not filed within stipulated period.
The matter is adjd for hearing on S/J to 05.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
Adv. Vaibhavi Pawar for deft. nos.1 to 4 present.
On oral request of Adv. For deft. nos.1 to 4, the matter is adjd for hearing on S/J to 27.10.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam for deft. nos.1 to 4 present.
On oral request of Adv. For plaintiff, the matter is adjd for filing say on Exh.3 to 15.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv. G.B. Pawar for plaintiff present.
None for defts.
ORDER BELOW EXH.3
Ld. counsel for plaintiff fairly submits that he does not have objection for taking on record reply filed by deft. no.4.  Therefore, application is allowed.  Reply of deft. no.4 be taken on record.
Reply filed by deft. no.4 is taken on record.
Plaintiff filed rejoinder to reply of deft. no.4.  T.O.R.
The matter is adjd for hearing on S/J to 23.11.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv. G.B. Pawar for plaintiff present.
Defts. and their advocate are absent.
Clerk Mr. Jaipal Rathod of defendant\''s advocate present.  He sought time for hearing on S/J.  Time as prayed for is granted.
The matter is adjd for hearing on S/J to 30.11.2021 at 02.45 pm.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-11-2021

Date: 30-11-2021
Business: Adv. G.B. Pawar for plaintiff present.
Jaypal Rathod, Clerk of Adv. of deft. nos.1 to 4 present.
On request of clerk of Adv. For deft. nos.1 to 4, the matter is adjd for hearing on S/J to 14.12.2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Kudalkar for deft. nos.1 to 4 present.
By consent, the matter is adjd for hearing on S/J to 17.01.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: Adv. G. B. Pawar for plaintiff present.
Adv. Vaibhavi Pawar h/f Adv. Kudalkar for deft. No. 1 to 4 present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Summons for Judgment Hearing to 09.02.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Kudalkar for deft. nos.1 to 4 present.
Vijay Kashinath Dhotre, Sr. Clerk on behalf of deft. nos.1 to 4 present.
Ld. counsel appearing for defts. submits that defendants have made payment of entire principal bill amount i.e. Rs.13,54,548/- claimed in the suit.  Ld. Counsel for plaintiff submits that he will take instructions from the plaintiff.
The matter is adjd for hearing on S/J to 01.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: None for plaintiff.
Adv. Kudalkar for deft. nos.1 to 4 present.
The matter is adjd for hearing on S/J to 25.03.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: None present.
The matter is adjd for hearing on S/J to 07.04.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv. G.B. Pawar for plaintiff present.
Adv. Sachin Kadam h/f. Adv. Kudalkar for deft. nos.1 to 4 present.
By consent, the matter is adjd for hearing on S/J to 26.04.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Adv. G.B. Pawar for plaintiff present.
None for defts.
Heard Adv. For plaintiff on S/J No.72/19.
L.O. at 01.20 pm.
Adv. Kudalkar for deft. nos.1 to 4 present.
Heard Adv. For deft. nos.1 to 4 on S/J No.72/19.
The matter is adjd for order on S/J No.72/19 to 29.04.2022.
Next Purpose: ORDER
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: None present for plaintiff.
Adv. Mr. Kudalkar for defendant Nos. 1 to 4 is present.
F.R.S.R. following order is passed on Summons for Judgment No. 72 of 2019:
                                      ORDER
1.     Unconditional leave to defend the suit is granted to
        defendants.
2.     Defendants shall file their Written Statement within
        30 days from today.
3.     No order as to costs.
4.     Summons for Judgement No. 72 of 2019 is disposed
        of accordingly.
The matter is adjd for written statement  to 02.05.2022.
Nature Of Disposal: DISMISSED
Disposal Date: 29-04-2022

Additional Case Details

Additional Case Details
Filing Number: 102488/2019
Filing Date: 01-03-2019
First Hearing Date: 13th March 2019
Decision Date: 29th April 2022
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Apr 2022

Order Details: Other Pdf Text: 1 MHCC010023292019 Presented on : 01/03/2019 Registered on : 01/03/2019 Decided on : 29/04/2022 Duration : Y M D 03 01 28 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by Sunil U. Hake) SUMMONS FOR JUDGMENT NO.72 OF 2019 IN COMMERCIAL SUIT NO.365 OF 2021 (SUMMARY SUIT NO.799 OF 2018) M/s. Kakad Engineers & Contractors Daxta Police Cooperative Housing Society Ltd. B1/3, Ganesh Building, Dr. Kapse Nagar, Ghatkopar(East), Mumbai 400…

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