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CHAMBER SUMMONS

Suresh Kumar BansalVsLeela Pathare and Ors.

CNR MHCC01002468202059-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 14th June 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100345/2020
Registration Date
24 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: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: National Lockdown
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to 23.02.2021.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv. Snehalta Srivastav for plaintiff is present.
    None for deft.
    Adv.for plaintiff tendered original registered CH/S no.345/2020.
    On oral request of Adv.for plaintiff, matter is adjourned.
    Adjd for CH/S hearing on 23.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 23-09-2021
    Business: P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2021
    
    Date: 23-09-2021
    Business: P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-02-2022
    
    Date: 14-01-2022
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: COURT IS VACANT
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: (By precipe)
    N.O.B.T.O.B.
    Adv Snehlata Shrivastav for applicant present.
    Advocate for applicant tendered vakaltnama on behalf of the applicant t.o.r.
    She tendered draft chamber summons along with affidavit t.o.r Order - Leave granted to register it.
    Already adjd on 16.04.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2022
    
    Date: 16-04-2022
    Business: Matter pertains to C.R.No.59
    Adv. Shrivastav for plaintiff present.
    None present for defendant.
    Exh.28 - Application for service of CS No.345 of 2020 and CS No.492 of 2022 through sheriff.
    Order - Issue notice as prayed.
    Matter Adjd for service affidavit on 26/07/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2022
    
    Date: 16-04-2022
    Business: Matter pertains to C.R.No.59
    Adv. Shrivastav for plaintiff present.
    None present for defendant.
    Exh.28 - Application for service of CS No.345 of 2020 and CS No.492 of 2022 through sheriff.
    Order - Issue notice as prayed.
    Matter Adjd for service affidavit on 26/07/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Matter called out at 2.52 pm
    Adv  for plff present
    None for Defendant
    Adv for plff requests time to serve  Ch/s.
    O- Allowed.
    Time to serve Ch/s is extended till next date.
    Matter is adjd on 10.10.2022 for Affidavit of service
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-10-2022
    
    Date: 26-07-2022
    
    Date: 10-10-2022
    Business: Matter called out at 3.47 pm
    Adv Mrs.Kapadia for Plff present
    None for defendant
    Adv for plaintiff tendered application for withdrawal of chamber summons No. 492/2022 t.o.r marked as Exh 29
    O- Heard adv for plaintiff/Applicants.  It is submitted that one of of Legal heirs of plaintiff has died and therefore, his legal heirs are also to be brought on record.  In view of the reasons mentioned in the applications, applicants are permitted to withdraw chamber summons No. 492/2022 with liberty to file fresh chamber summons.  The chamber summons No. 492 of 2022 stands disposed off as withdrawn.
    Matter is adjd on 01.12.2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Matter called out at 4.12 pm
    Adv Mrs. Kapadia for plff present
    Proposed defendant No.1a present
    None for defendant
    Adv for plff tendered draft ch/s a/w supporting affidavit t.o.r  Leave is granted to register ch/s.  The copy of draft ch/s as well as ch/s  No. 345/2020 served upon proposed defendant No. 1a.
    Matter is adjd on 30.01.2023 for C/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: Adv.Snehlata Srivastav h/f.Adv.S.V. Vora for plaintiff present.
    None for defendant.
    Adv. for plaintiff tendered registered chamber summons No.1975/22 a/w. Affidavit t.o.r.
    Matter is adjd on 23.03.2023 for Ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Adv. Kapadia for plaintiff present.
    As per service affidavit dtd. 17/01/2023 shows that legal heirs of deceased defendant are served with Ch/s 1975/22 but they have not filed reply. Ch/s shall proceed without reply.
    Matter is adjd on 21-04-2023 for Ch/s argument.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: adjd to
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 14-06-2023
    
    Date: 14-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Snehlata Shrivastav for plaintiff present.
    None for defendant.
    Heard Ld.Adv. for plaintiff on C/S No.345/2020 and C/S No.1975/2022.
               ORDER ON CHAMBER SUMMONS NO.345/2020 AND
                     CHAMBER SUMMONS NO.1975/2022
              The Chamber Summon No.345 of 2020 was pending to bring LR\''s of defendant No.1 on record.  During the pendancy of said C/S the plaintiff died on 31/12/2021.  Therefore, to bring Legal Representative of the plaintiff on record.  C/S No.1975/2022 is filed on 01/12/2022.
         Both C/S are proceeded without say of opponent.  It is submission of learned advocate for plaintiff that the suit is filed to substantiate legal rights.  It is its further submission that heirs of plaintiff made several attempts to know the detail information with regard to the names and addresses of legal representative of defendants.  Therefore, delay is caused.  The record of proceeding shows that both C/S are remained unchallenged.  Therefore, there is no reason to disbelieve the contents of C/S.  However, the record shows that  the non-application of plaintiff to bring the LR\''s of deceased defendant on record has delayed the proceeding which ensue the cost.
                Considering nature of matter both C/S deserve to be allowed on cost of Rs.1000/- each.  Accordingly, following order is passed.
                                 ORDER
    1. Chamber Summons No.1975/2022 is allowed on cost of Rs.1,000/- payable to DLSA, within 15days of the order.
    2. Chamber Summons No.345/2020 is allowed on cost of Rs.1,000/- payable to DLSA, within 15days of the order.
    3.   On payment of aforesaid cost the applicant who filed aforesaid Chamber Summons are permitted to carry out necessary amendment as prayed for in both chamber summons and file amendment copy of plaint forthwith.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102432/2020
    Filing Date: 24-02-2020
    First Hearing Date: 16th April 2020
    Decision Date: 14th June 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Jun 2023

    Order Details: Chamber summons Pdf Text: 82 14/06/2023 SUIT 4069/08 CS 345/20 CS 1975/22 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) Adv.Snehlata Shrivastav for plaintiff present. None for defendant. Heard Ld.Adv. for plaintiff on C/S No.345/2020 and C/S No.1975/2022. ORDER ON CHAMBER SUMMONS NO.345/2020 AND CHAMBER SUMMONS NO.1975/2022 The Chamber Summon No.345 of 2020 was pending to bring LR's of defendant No.1 on record. During the pendancy of said C/S the plaintiff died on 31/12/2021. Therefore, to bring Legal…

    Read Full Order

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