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SUMMARY CIVIL SUIT - SUMMARY SUIT

Chetana Book DepotVsSandeep Yadav +1 more

CNR MHCC01002766201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 12th December 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100467/2019
Registration Date
04 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Chetana Book Depot

    Respondent

    1. 1Sandeep Yadav
    2. 2St. Jems English School

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 26-06-2019
Business: Adv for plaintiff Mr.Hetal Vakil present
She filed original writ of summons with service affidavit stating that service is not complete.
Matter is Adjd for Steps to 08/08/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: P.O. is on training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2019

Date: 21-10-2019
Business: Holiday declared on account of election.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-11-2019

Date: 23-11-2019
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Both parties and his advocate are absent.
Matter is adjd to 23.01.2020 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Ritika For plff. Present.
Adv. For deft. Absent.
Service not complete
Matter is adjd to 23.04.2020 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-04-2020

Date: 23-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-05-2020

Date: 14-05-2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-06-2020

Date: 03-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2020

Date: 20-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 20/01/2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on Leave.
Matter is adjd to 01.04.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 05.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 30.08.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: COURT IS VACANT
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Court is Vacant.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: None present.
Matter is adjd for taking steps to 16.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None for Plaintiff.
	Plaintiff is directed to take proper steps.
	Matter adj. to 21/06/2022 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: Adv. Sonal Sawant for Plaintiff present and submits that she need some time to take proper steps to submits defendant. This court time and again had extended time to served the defendant however plaintiff till date failed to serve. Hence as a last chance time granted to take proper steps.
Matter adjourned to 06.09.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Hetal Vakil for plaintiff present and filed application for issuance of fresh writ of summons. Marked as Exh. _
Order below Exh.
1. Application if allowed.
2. Issue fresh writ of summons returnable on 24.11.2022.
Matter adjourned to 24/11/2022 for report.
Next Purpose: REPORT
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: None for plaintiff.
No affidavit of service is filed.
Matter is adj to 15/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv.Ms.Hetal Vakil i/b M/s J.R.Vakil and Associates for plaintiff present.   She filed affidavit of service (Exh-3).  O-Filed.
      From the affidavit it transpires that the summons are duly served on the both the defendants.  The postal acknowledgment in proof of the same are placed on record with affidavit of service.
It appears that the summons were sent by post on 15/10/2022.  The acknowledgments are received by the department on 08/02/2023.  The acknowledgment bears stamp dated 18/10/2022.  Thus it can be gathered that the summons are served on defendant in the Month of October-2022.
        Despite lapse of the statutory period of 10days for causing appearance,  defendants failed to cause appearance. Hence, suit to proceed ex-parte.
         It is quite often observed by this court that the joint affidavit of service filed before this court do not contain the postal receipts as well as the online track report to confirm the actual date of delivery of summons.  This court time and again has orally directed to the the concerned staff of Board Department of this court to place on record the postal receipts as well as the online track reports.  However, same is not adhered to by the office.  Thereby many times difficulties are faced by this court to calculate the period of 10days from the date of service of summons.
         Hence, the Registrar(Civil) of this court is requested to bring this fact to the notice of the concerned staff who are supposed to file joint affidavits of service. And further to see that this order gets complied with.
Matter is adj to 24/04/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
No ex-parte evidence is filed.
Matter is adj to 20/07/2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Adv. Hetal Vakil for plaintiff is present and prayed for adjournment. Adjournment is granted.
Matter is adj to 09.10.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hetal Vakil  i/b M/s J. R. Vakil and Associates for plaintiff is present and submits that the plaintiff wants to withdraw the suit as the subject matter settled between the parties and prayed for short adjournment. Adjournment is granted.
Matter is adj to 10.11.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Hetal Vakil i/b M/s J. R. Vakil and Associates for plaintiff is present.
The plaintiff failed to lead evidence and to file evidence affidavit
Matter is adj to 12.12.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
CA of plaintiff is present.
Adv. Hetal Vakil i/b J. R. Vakil and Associates for plaintiff is present and filed application for withdrawal of the suit. It is marked as  Exh-4.
Order below Exh-1
Plaintiffs representative Shaji John  and plaintiffs advocate are present. Heard them. The suit proceeded ex-parte and it was fixed for leading evidence. The plaintiffs representative as well advocate submit that the compromise is arrived at between the plaintiff and defendants and the plaintiff has received the due amount from the defendants and as such does not want to proceed with the suit and filed application for withdrawal(Exh-4) of the suit.
In view of the submission of plaintiffs representative and his advocate and filing withdrawal application, the suit stands disposed of, as withdrawn
The plaintiff is entitled to get refund of 2/3rd of court fees paid it.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102915/2019
Filing Date: 08-03-2019
First Hearing Date: 26th June 2019
Decision Date: 12th December 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    12 Dec 2023
    Order Details: Other
Pdf Text: 04
12/12/2023
SUM
467/19
Exh-4
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
CA of plaintiff is present.
Adv. Hetal Vakil i/b J. R. Vakil and Associates for plaintiff is present
and filed application for withdrawal of the suit. It is marked as
Exh-4.
Order below Exh-1
Plaintiff’s representative Shaji John and plaintiff’s advocate
are present. Heard them. The suit proceeded ex-parte and it
was fixed for leading evidence. The plaintiff’s representative
as well advocate submit that the compromise is arrived at
between the plaintiff and defendants and the plaintiff has
received the due amount from the defendants and as such
does not want to proceed with the suit and filed application
for withdrawal(Exh-4) of the suit.
In view of the submission of plaintiff’s representative and his
advocate and filing withdrawal application, the suit stands
disposed of, as withdrawn
The plaintiff is entitled to get refund of 2/3rd of court fees
paid it.
Judge
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