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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Smt. Vijay Laxmi K. PurohitVsM/s. Ahuja Properties and Associates

CNR MHCC0100236020194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ORDER
Decision Date: 07th January 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100074/2019
Registration Date
02 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-03-2019
    Business: Adv. Disha Vardhan for Plaintiff present.
    Adv. Manisha K. for Defendant present.
    Advocate for plaintiff has filed registered S/J no.74/19 alongwith affidavit, TOR.
    Matter is adjd. to 29/03/2019 for S/J reply.
    Next Purpose: REPLY
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Adv for plaintiff Ms.Disha present
    Adv for deft Mrs.Manisha present
    Adv for deft filed Discharge Application to withdraw her name as Adv for deft along with affidavit.
    Issue notice to deft to file reply to discharge application.
    Matter is Adjd for Report of Notice to deft and S/J Hearing to 21/06/2019.
    Next Purpose: REPORT
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Adv for plaintiff Ms.Disha Vardhan present
    Adv for deft Mr.Madhukar present.
    Matter is Adjd for S/J Hearing to 14/08/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-08-2019
    
    Date: 14-08-2019
    Business: Today matter received from Court Room No.28
    Plaintiff and his advocate absent.
    Defendant and his advocate absent.
    Matter adj for summons for judgment hearing on 03/09/19.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Matter called out(12.35pm)
    None present.
    Matter adj for hearing on summons for judgment on 05/11/19.
    Later on at 1.11 pm
    Adv.Disha Vardhan for plaintiff present.
    Exh-5 Adv. for defendant filed vakalatnama.T.O.R                                                       Exh-1 Plaint
    Exh-2 Vakalatnama
    Exh-3 Memorandum of register address
    List of documents.
    Exh-4 The defendant failed to file leave to defend. Hence, by way of last matter is adj.to 05/11/19 by way of last chance for  hearing on summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Matter called out(12.20pm)
    Adv.Preeti Gada for plaintiff present.
    Adv.Archana Tiwari for defendant no.1 to 3 present.
    Defendant was served with summons for judgment on 08/02/2019.  As per order 37 rule 3(5) defendant failed to tendered leave to defendant hence, matter to proceed further for filing of documents by plaintiff without any say of the defendant.
    Matter is adj to 17/12/19 for hearing on SFJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Matter is called out at 3.00pm
    Plaintiff in person present. (Vijay Laxmi Purohit)
    Adv.Sneha Vani i/b Sudhir Shah and Assoc. for plaintiff present filed document as per list. (Exh-6) T.O.R
    Adv.Archana Tiwari i/b Adv.Sabita Bhowmik for defendant present.
    Matter is adj to 03/02/2020 for final hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Matter is called out at 3.02pm
    Adv.Smita Durve i/b Sudhir Shah Associates for plaintiff present.
    Adv.Sapna Pasi i/b Sabita Bhowmik for defendant no.1 to 3 present.
    Adv. Adv.Sapna Pasi mention on behalf of defendant that, she wanted to file vakalatnama to represent the defendant.  However, it appears that, 10 days for filing vakalatnama has been expired.  Defendant to take appropriate steps.
    Matter is adj to 18/03/2020 for summons for judgment hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: None for plaintiff.
    Adv. Sapana Pasi for defendant present and tendered draft N/M along with affidavit. Leave is granted to register the N/M. Copy be served to other side.
    In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
    Adjd to 25-06-2020  for  NM Service / Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Business: In view of the advisory to subordinate courts and office order no. 92 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: In view of heavy rainfall, upon directions of the Honourable High Court, Bombay and the Honourable I/c. Principal Judge has been pleased to declare holiday i.e. 23.09.2020. Hence, matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Adv. Priti Gada for plaintiff present.
    Adv. Shradha Birwadkar I/b Adv. Madhukar Mule for defendant present. On oral request of advocate for defendant time is extended for register the NM.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    Adjd to 08.01.2021 for  service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 09.04.2021 for service.
    L.O. at 11.35 a.m. - Adv. Sapna Pasi for defendant present and tendered registered NM No. 1869/20 with affidavit.  TOR.  Copy already served to the plaintiff.
    Adjd to 09.04.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Sonal Darban for plaintiff present and tendered list of dates and events.  Copy be served to other side.
    None for defendants.
    In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the def.
    Adjd to 29.06.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for service to 30/08/2021
    Next Purpose: SERVICE
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv. Sonal Darbar for plaintiff present.
    Adv. Shraddha Birwadkar for defendant present.
    Adv. for plaintiff stated that she has sent email of list of events stating that it be treated as their reply to Notice of motion No. 1869/20. On the other hand adv. for defendant has drawn my attention to roznama dt. 09.04.2021 that there is no such submission on behalf of plaintiff to treat list of dates and events to be treated as reply to the Notice of motion.
    Sending the copy to the defendant under the caption that list of dates and events be treated as reply cannot be presumed to be the same unless it is stated on the record. The roznama dt. 09.04.2021 does not state that there is any submission on behalf of plaintiff to treat it as reply. The said submission is taken on record today  as list of dates and events are reply of plaintiff to the Notice of motion.
    Adv. for defendant is seeking adjournment. Granted as last chance.
    Adjd for NM hearing to 04/10/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv. Preeti Gada For plaintiff present.
    Adv. Madhukar Mulay  For defendant present.
    Heard arguments of adv. Ms. Preeti Gada for plaintiff and adv. Mr. Mulay for defendant for NM No. 1869/20. t.o.r.
    FRSR the following order is passed in NM No. 1869/20
                                  ORDER
    1. The notice of motion is allowed on payment of cost of Rs. 10,000/- (Rs. Ten thousand only) to be deposited on or before 28.10.2021.
    2. 	On payment of above cost within above period, delay to file leave to defend is condoned and allowed to file reply to summons for judgment which is annexed to the notice of motion.
    3.   Accordingly, Notice of Motion is disposed of.
    Adjd for compliance to 29/10/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv. Preeti Gada For defendant present and stated that they have paid amount of Rs. 10,000/- to plaintiff.
    Kb till afternoon
    L. O at 3.42 pm
    Adv. For plaintiff present.
    Adv. Sapna Pasi For defendant present.
    Adv. Defendant filed letter stating compliance of order dt. 04.10.2021 is completed. t.o.r.
    The reply to the Summons for judgment is annexed to the notice of motion No. 1869/2020 as Exh.B is taken on record.
    Adv. For plaintiff stated that she will file rejoinder to the reply.
    Adjd for rejoinder reply/sj hearing to 07/12/2021
    Next Purpose: REJOINDER
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv. Preeti Gada For plaintiff present.
    Adv. Shraddha Birwadkar h/f Adv. Madhukar Mulay For defendant present.
    Plaintiff present.
    Adv. For plaintiff filed rejoinder on behalf of plaintiff to defendants reply to Summons for judgment. t.o.r.
    Adv. For defendant stated that she has no instructions for arguing the summons for judgment. She further stated that defendant is not ready for Lok Adalat.
    The suit is for recover of Rs. 22 lakhs plus interest. The defendant to argue Summons for judgment on next date failing which SJ will be decided without argument of defendant.
    Adjd for SJ hearing to 09/12/2021
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 03.23 pm.
    Adv. Prati Gada for plaintiff present.
    Adv. Madhurkar Mulay for defendant present.
    Heard argument.
    Adjd for SJ order to 21/12/2021.
    Next Purpose: ORDER
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Sonal Darbar for plaintiff present.
    Court is busy in reading suit no. 305/88 which is placed for judgment on 22.12.2021 hence adjourned.
    Adjd for SJ orders to 07/01/2022
    Next Purpose: ORDER
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv. Sonal Darbar for plaintiff present.
    LO At 2.45 pm
    None present.
    FRSR the following order is passed in Summons for judgment No. 74/2019
    ORDER
    1. The conditional leave is granted to the defendants to defend the suit on deposit of Rs.11,00,000/- (Rs. Eleven Lakh Only) within one month from the date of the order.
    2. On payment of the above cost within the above period, the defendants to file Written Statement within one month.
    3. Accordingly, the Summons for Judgment is disposed of.
    Nature Of Disposal: ORDER
    Disposal Date: 07-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101951/2019
    Filing Date: 02-03-2019
    First Hearing Date: 06th March 2019
    Decision Date: 07th January 2022
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Jan 2022

    Order Details: Other Pdf Text: 1 Order in SJ 74/19 in Summary Suit 1412/18 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO. 74 OF 2019 IN SUMMARY SUIT NO. 1412 OF 2018 CNR NO. : MHCC010023602019 Smt. Vijay Laxmi K. Purohit …. Plaintiff V/s. M/s. Ahuja Properties & Associates & Ors. …. Defendants Appearance: Adv. Ms. Preeti Gada for the Plaintiff. Adv. Mr. Madhurkar Mulay for the Defendants. CORAM : SMT. S.S. NAGUR, JUDGE, (C.R.NO.04) DATE…

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