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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Mr. Mahesh A. KulkarniVsMr. Rajeshkumar S. Mishra

CNR MHCC01002476202013-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 13th January 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100038/2020
Registration Date
28 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 02-03-2020
Business: Court is on half day leave (Second session)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Ashutosh Shukla for plaintiff present.
KB L.O. at 2.05 pm
Adv. Nikita More for defendant present.
Today matter is for SJ hearing.
Ld adv for defendant submits that application of defendant for leave to defend filed on 03-04-2019 and it is already served to other side. But there is no endorsement of acknowledgement and there is no reference in the noting. Therefore, she is ready to serve it again. She also states copy of SJ along with affidavit is not served either to defendant or her.
Matter adjd for serving SJ along with affidavit to defendant and serving copy of application of defendant for leave to defend the suit to plaintiff to 01-03-2021.
L.O. at 2.27 pm
Adv. Ashutosh Shukla for plaintiff present.
He submits that he has received copy of application of defendant for leave to defend. He submits that copy of SJ along with affidavit is already served to defendant and his is ready to file service affidavit.
Matter adjd for service affidavit by plaintiff about service of SJ along with affidavit to defendant and reply of plaintiff to the application of defendant for leave to defend the suit to plaintiff to 01-03-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-03-2021

Date: 01-03-2021
Business: Adv. P.K. Tiwari for plaintiff present.
Adv. Nikita More for defendant present.
Ld adv for defendant seeks time for SJ hearing. Time granted till next date.
Matter adjd for SJ hearing to 05-04-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv. Ashutosh Shukla for plaintiff present.
None for defendant.
Matter adjd for SJ hearing to 01-07-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: P.O. is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv. P.K. Tiwari for plaintiff present.
Adv. Shirsat for defendant present.
Adv for plaintiff sought date for filing reply to an application for leave to defend.
Matter adjd for reply to application for leave to defend to 29-09-2021.
Next Purpose: REPLY
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv. Ashutosh Shukla for plaintiff present.
Adv. Sirsath for defendant present.
Ld adv for plaintiff stated that he is not going to file reply to an application for leave to defend as reply to SJ is not filed.
Ld adv for defendant submitted that his application for leave to defend be treated as reply to SJ.
Matter adjd for SJ hearing to 18-11-2021.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: Adv. Ashutosh Shukla for plaintiff present.
Adv. Nikita More for defendant present.
Adv. for deft sought time.
Matter Adjd for SJ Hearing on 06/01/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: None present for plaintiff.
Adv. Shirsath for defendant present.
Later on at 03.45 pm.
Adv. Shaikh for plaintiff present.
Matter Adjd for SJ Hearing on 02/03/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: None present for plaintiff.
Adv. S. G. Shirsath for defendant present.
Later on at 04.15 pm.
Adv. Tiwari for plaintiff present.
Matter Adjd for SJ Hearing on 19/04/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Tiwari for plaintiff present.
None for defendant.
Matter Adjd for SJ hearing to 11.07.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-07-2022

Date: 11-07-2022
Business: The Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2022

Date: 11-07-2022
Business: The Court is on leave.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Ashutosh Shukla for plaintiff present.
None present for defendant.
Matter Adjd for SJ Hearing on 17/10/2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: P.O. is on leave in 2nd session.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-12-2022

Date: 17-10-2022
Business: P.O. is on leave in 2nd session.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: Adv.  Ashutosh Shukla for plaintiff present.
None for defendant.
Kb L.O.
Heard Ld. Advocate of plaintiff on SJ.
Defendant to failed to argue.
Hence to proceed without argument.
Matter Adjd for SJ Order 13.01.2023.
LO.
4.05 pm
Adv.  Nikita More along with S. G. Shirshat for defendant present.
On oral request by advocate for defendant heard argument on SJ.
Matter Adjd for SJ Order 13.01.2023.
Next Purpose: ORDER
Next Hearing Date: 13-01-2023

Date: 09-12-2022
Business: Adv.  Ashutosh Shukla for plaintiff present.
None for defendant.
Kb L.O.
Heard Ld. Advocate of plaintiff on SJ.
Defendant to failed to argue.
Hence to proceed without argument.
Matter Adjd for SJ Order 13.01.2023.
LO.
4.05 pm
Adv.  Nikita More along with S. G. Shirshat for defendant present.
On oral request by advocate for defendant heard argument on SJ.
Matter Adjd for SJ Order 13.01.2023.
Next Purpose: ORDER
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Adv. Ashutosh Shukla for plaintiff present.
None present for defendant.
F.R.S.R. following order in Summons for Judgment No.38 of 2020 in Summary Suit no1201 of 2017 is passed-
ORDER
1. Conditional leave is granted to defendant to defend the suit.
2. The defendant shall deposit an amount of Rs.5,00,000/- to be paid to the plaintiff within 2 months from date of this order.
3. The defendant after payment of the amount of Rs.5,00,000/- will be at liberty to file written statement on record.
4. The Summons for Judgment No.38 of 2020 is disposed off accordingly.
5. Parties to bear their own costs.
Matter Adjd for compliance on 21/03/2023.
Nature Of Disposal: OTHER
Disposal Date: 13-01-2023

Additional Case Details

Additional Case Details
Filing Number: 102649/2020
Filing Date: 28-02-2020
First Hearing Date: 02nd March 2020
Decision Date: 13th January 2023
Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
13 Jan 2023

Order Details: Other Pdf Text: MHCC010024762020 CNR NO. MHCC010024762020 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO.38 OF 2020 SUMMARY SUIT NO.1201 OF 2017 Mr. Mahesh A. Kundani ....Plaintiff. V/s. Mr. Rajeshkumar S. Mishra Proprietor of M/s. Shiv Ganesh Traders. ....Defendant. Appearances: Ld. Ashutosh Shukla for plaintiff. Ld. Adv. Nikita More along with S.G. Shirshat for defendant. 1. CORAM : HER HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.No.13) DATED : 13th January, 2023 ORDER 1. The…

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