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SUMMARY CIVIL SUIT - SUMMARY SUIT

Conde Nast (India) Pvt LtdVsAavantam Retail Pvt Ltd

CNR MHCC01002470201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th February 2022

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100518/2018
Registration Date
23 Apr 2018

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 16-07-2018
    Business: Adv. Kapaida for Plaintiff present.
    None for Defendant.
    She filed affidavit of service.
    Matter is adjd. to 10/10/2018 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-10-2018
    
    Date: 10-10-2018
    Business: Adv. Ms. Kapadia for Plaintiff present.
    None for Defendant.
    Mr. Anthony Paulose present.
    As such the defendant has not appeared in the matter though served, hence the suit is proceeded exparte.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for plaintiff has filed,
    Claim affidavit.
    Compilation of document.
    Matter is adjd. to 27/11/2018 for Exparte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Matter transferred from Cr. no.28.
    Adv. Radha Kapadia Present for the Plff.
    None Present for the deft. Proceeded Ex-parte.
    Heard Argument. During the course of argument following document exhibited.
    D.sr.no.1, Copy of release order dt. 11/11/2016.
    D.sr.no.2, copy of inovice dt. 30/11/2016 bearing no. DG/16-17/0237.
    D.sr.no.3, Leagal notice dt. 15/01/2018.
    Adj. For Ex-parte Judgement on 14/12/2018.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 14-12-2018
    
    Date: 14-12-2018
    Business: None Present for the Plff.
    None Present for the deft. Proceeded Ex-parte.
    Adj. For Ex-parte Judgment on 30/01/2019.
    Next Purpose: EX-PARTE JUDGEMENT
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: None Present for the Plff.
    Adv. Abhijeet Rane Present for the Deft.
    Ld counsel for the deft filed tendered registered NM 437/19 and registered CS 215/19 alongwith affidavit. Copy served upon otherside.
    Ld counsel for the deft submitted that, plff has not served proper document and plaint of the suit and not mentioned correct suit number. Hence plff is directed to make the compliance.
    Adj. For reply of NM 437/18 and CS 215/19 on 29/03/2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Matter transferred from Cr. no.09.
    Both parties and their counsel absent.
    R and P not received from Cr.no.09.
    Adj. For Reply of CS 215/19, NM 437/19 on 26/06/2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: None present.
    Adv. Vighnesh Nair for plaintiff present.
    Adv. Abhijeet P. Rane for Defendant present.
    As per the oral request for plaintiff for filling reply of notice of motion.
    Matter adjd to 01.07.2019 for reply/hearing.
    Next Purpose: REPLY
    Next Hearing Date: 01-07-2019
    
    Date: 26-06-2019
    Business: None present.
    Adv. Vighnesh Nair for plaintiff present.
    Adv. Abhijeet P. Rane for Defendant present.
    As per the oral request for plaintiff for filling reply of notice of motion.
    Matter adjd to 01.07.2019 for reply/hearing.
    Next Purpose: REPLY
    Next Hearing Date: 01-07-2019
    
    Date: 26-06-2019
    Business: None present.
    Adv. Vighnesh Nair for plaintiff present.
    Adv. Abhijeet P. Rane for Defendant present.
    As per the oral request for plaintiff for filling reply of notice of motion.
    Matter adjd to 01.07.2019 for reply/hearing.
    Next Purpose: REPLY
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: None present.
    Advocate for plaintiff absent.
    Advocate for defendant absent.
    Matter adjd to 22.07.2019  for reply
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2019
    
    Date: 01-07-2019
    Business: None present.
    Advocate for plaintiff absent.
    Advocate for defendant absent.
    Matter adjd to 22.07.2019  for reply
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2019
    
    Date: 01-07-2019
    Business: None present.
    Advocate for plaintiff absent.
    Advocate for defendant absent.
    Matter adjd to 22.07.2019  for reply
    Next Purpose: REPLY
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: None for plaintiff.
    Adv. Abhijeet Rane for defendant present.
    Adjd for reply on NM to 30.07.2019
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Matter is adjourned
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: None for the plaintiff is present.
    C.A. of defendant is present. Plaintiff failed to file reply on N/M no. 437/2019 and Ch/s 215/2019. N/m and Ch/s to proceed without reply.
    Matter is adjourned to 01-10-2019 for N/M and Ch/s hearing .
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 04-09-2019
    Business: None for the plaintiff is present.
    C.A. of defendant is present. Plaintiff failed to file reply on N/M no. 437/2019 and Ch/s 215/2019. N/m and Ch/s to proceed without reply.
    Matter is adjourned to 01-10-2019 for N/M and Ch/s hearing .
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 04-09-2019
    Business: None for the plaintiff is present.
    C.A. of defendant is present. Plaintiff failed to file reply on N/M no. 437/2019 and Ch/s 215/2019. N/m and Ch/s to proceed without reply.
    Matter is adjourned to 01-10-2019 for N/M and Ch/s hearing .
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: None from plaintiff.
    Adv. Mr. Abhijit Rane  for defendant present.
    Heard argument of Adv. of defendant on NM.
    Matter adj for Order to 14.10.2019
    Next Purpose: ORDER
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: Adv. Vignesh Nair for plaintiff present.
    Adv. Abhijeet Rane for defendant present.
    KB
    L.O. at 12.25pm
    Adv.Radha Kapadiya for plaintiff present.
    Same appearance for defendant.
    Matter adj for order on NM- 437/19 to 07.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 07-11-2019
    
    Date: 14-10-2019
    Business: Adv. Vignesh Nair for plaintiff present.
    Adv. Abhijeet Rane for defendant present.
    KB
    L.O. at 12.25pm
    Adv.Radha Kapadiya for plaintiff present.
    Same appearance for defendant.
    Matter adj for order on NM- 437/19 to 07.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 07-11-2019
    
    Date: 14-10-2019
    Business: Adv. Vignesh Nair for plaintiff present.
    Adv. Abhijeet Rane for defendant present.
    KB
    L.O. at 12.25pm
    Adv.Radha Kapadiya for plaintiff present.
    Same appearance for defendant.
    Matter adj for order on NM- 437/19 to 07.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv.Ms.Kapadiya for plaintiff present.
    Adv. Abhijeet Rane for defendant present.
    F.R.S.R.following order is passed
    ORDER
    1)Chamber Summons No. 215/2019 is made absolute in terms of prayer clause (a) to the extent of condonation of delay of 182 days and for filing Vakalatnama subject to cost of Rs.1,000/- Rs. One Thousand Only to the plaintiff to be paid on or before next date.
    2)After compliance,  Vakalatnama of defendant be taken on record.
    3)Chamber Summons No. 215/2019,  is disposed off accordingly.
    ORDER
    1)Notice of Motion No.437/2019 is made absolute in terms of prayer clause a subject to cost of Rs.1,000/- Rs. One Thousand Only to the plaintiff to be paid on or before next date.
    2)After compliance,  Ex-parte order dated 10.10.2018 shall be set aside.
    3)Notice of Motion No.437/2019,  is disposed off accordingly.
    Matter adj for compliance  to 13.12.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: P.O. is on Training, Board is discharged..
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Nayar for plff. present.
    Adv. Abhijit Rane for deft. Present.
    Adv. For the plff. Filed draft S/J @ affidavit in support. Order- leave granted to register.
    Adv. For the deft. Filed application for permission to deposit cost in this Hon\''ble court. Exh-11 Order- cashier to accept. Order- complied.
    Matter is adjd to 17.04.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent
    Adv Deeshank Doshi for plaintiff\''s present.
    Adv for plaintiff tendered register s/J No. 45/20 alongwith affidavit of support.
    He also filed affidavit service S/J.
    Matter is adjd to 15.03.2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: P.O. IS ON LEAVE
    Matter is adjd to 05.05.2021 for service.
    Next Purpose: SERVICE
    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: SERVICE
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Deeshank Doshi for the plff present.
    Matter is adjd to 18.09.2021  for S/J Reply
    Next Purpose: SERVICE
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: None present.
    Matter is adjd for Service to 15.02.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: None present.
    Matter is adjd for service  on 16-02-2022
    Next Purpose: SERVICE
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: Plaintiff present.
    Adv Deeshank Doshi for plaintiff present.
    Mr. Vinayak Shetye authorized signatory of the plaintiff present.
    ORDER BELOW EXH.12
    1.Application Exh.12 is allowed
    2. Permission granted to the plaintiff for withdrawal of suit.
    3. Necessary order is passed below Exh.01.
    ORDER BELOW EXH.1
    1.Summary Suit No.518/2018 stands dismissed as withdrawn by the plaintiff.
    2. Court Fee be refunded as per rules.
    3. Summons for Judgment No. 45/2020 is disposed off.
    4.The proceeding of Summary  Suit No.518/2018 is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 16-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102741/2018
    Filing Date: 15-02-2018
    First Hearing Date: 16th July 2018
    Decision Date: 16th February 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    4
    Final Order 2Full order available
    16 Feb 2022

    Order Details: Other Pdf Text: MHCC010024702018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EXH.-12 IN SUMMARY SUIT NO. 518 OF 2018 CNR No. MHCC010012542018 Conde Nast (India) Pvt. Ltd. A Company incorporated under the provisions of the Companies Act, 1956 having their Registered Office at 2nd Floor, Darabshaw House, Ballard Easte, Shoorji Vallabhdas Marg,, Mumbai- 400 001. ... Plaintiff V/s. Aavantam Retail Pvt. Ltd. A Company registered under the provisions of the Companies Act, 1956 (as amended…

    Read Full Order
    Final Order 1Full order available
    16 Feb 2022

    Order Details: Other Pdf Text: MHCC010024702018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EXH.-12 IN SUMMARY SUIT NO. 518 OF 2018 CNR No. MHCC010012542018 Conde Nast (India) Pvt. Ltd. A Company incorporated under the provisions of the Companies Act, 1956 having their Registered Office at 2nd Floor, Darabshaw House, Ballard Easte, Shoorji Vallabhdas Marg,, Mumbai- 400 001. ... Plaintiff V/s. Aavantam Retail Pvt. Ltd. A Company registered under the provisions of the Companies Act, 1956 (as amended…

    Read Full Order
    Order 2Full order available
    16 Feb 2022

    Order Details: Other Pdf Text: MHCC010024702018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EXH.-12 IN SUMMARY SUIT NO. 518 OF 2018 CNR No. MHCC010012542018 Conde Nast (India) Pvt. Ltd. A Company incorporated under the provisions of the Companies Act, 1956 having their Registered Office at 2nd Floor, Darabshaw House, Ballard Easte, Shoorji Vallabhdas Marg,, Mumbai- 400 001. ... Plaintiff V/s. Aavantam Retail Pvt. Ltd. A Company registered under the provisions of the Companies Act, 1956 (as amended…

    Read Full Order
    Order 1Full order available
    16 Feb 2022

    Order Details: Other Pdf Text: MHCC010024702018 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY ORDER BELOW EXH.-12 IN SUMMARY SUIT NO. 518 OF 2018 CNR No. MHCC010012542018 Conde Nast (India) Pvt. Ltd. A Company incorporated under the provisions of the Companies Act, 1956 having their Registered Office at 2nd Floor, Darabshaw House, Ballard Easte, Shoorji Vallabhdas Marg,, Mumbai- 400 001. ... Plaintiff V/s. Aavantam Retail Pvt. Ltd. A Company registered under the provisions of the Companies Act, 1956 (as amended…

    Read Full Order

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