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CHAMBER SUMMONS

Pinky N. Duragkar - Through Mahesh Hemchand PatelVsMultipurpose Servicces Centre Ltd and Anr.

CNR MHCC01002797202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 21st August 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100411/2020
Registration Date
04 Mar 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: 16-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Mishra for plff. Present.
    Adv. Vikas Shendane for deft. Present.
    Matter is adjd to 10.06.2020 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: National Lock Down
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on Leave.
    Matter is adjd to 18.03.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Dileep Satale for the respondent present.
    Adv. For the respondent filed affidavit in reply of respondent no. 1. t.o.r.
    Order - seen and filed.
    Matter is adjd to 04.05.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 20/08/2021 for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Dileep Satale for the respondant present.
    Plaintiff is granted last chance to argue on Ch/s .
    Matter is adjd to  12.10.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Court is vacant
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: None for plaintiff.
    Adv for respondent no. 1 present and before argument however in order to give there opportunity to the plaintiff short adjournment is granted 58 for last chance
    Matter is adjd to 22.12.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: None present for Plaintiff.
    Ch/s. 411/20	None present for Defendant.
    Ch/s. 2309/18	Matter adj. to 07/04/2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: None for Plaintiff.
    Adv. Darshit Jain a/w Dileep Stale I/b Divya D. Jain for proposed Defendants present.
    Matter adjourned to 29.08.2022 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: As Court busy in dictating judgment in Suit No.8433 of 2002 and Suit No.8434 of 2002 and discharge application-Exhibit-08 in Sessions Case No.786 of 2019, hence, matter adjourned to 04.11.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: None for plaintiff.
    Adv.Divya Jain for proposed defendants present.
    Second Session court time is over, remaining board of second session is discharged.
    Matter is adj to 10/12/2022 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None for plaintiff.
    Adv.Dileep Satale for respondent present.
    It appears that plaintiff and her advocate are absent since long time.  Hence, plaintiff to work out the chamber summons without delay.
    Matter is adj to 01/02/2023 for hearing on C/S
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: None for plaintiff.
    None for original defendant No.1.
    Adv.Dileep Satale for proposed LR\''s of defendant No.2 is present.
    Though the plaintiff has filed two C/S for bringing LR\''s of defendant No.2 on record, failed to tender registered No.411/2020. Record further shows that long standing absence of plaintiff.  It is made clear that if, plaintiff fails to tender registered C/S No.411/2020 or to work out pending C/S No.2309/18, same would be dismissed in default.
    Hence, matter is adj to 24/03/2023 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    Adv.Darshit Jain for defendant No.2 present.
    It appears that plaintiff is absent since long time and more particularly since Covid-19 pandemic hence, issue notice to plaintiff on Court Motion through RPAD to appear before this court.
    Plaintiff be further intimated that his failure to appear before this court would entail dismissal of the suit.
    Matter is adj to 29/04/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    Adv.Dileep Satale for proposed LRs of defendant No.2 is present.
    Matter is adj to 25/07/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Court is on leave.
    Next Purpose: REPORT
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.  On court motion, notice by RPAD was issued to the plaintiff to appear before the court. However, the plaintiff failed to appear. The online track report suggests that the door was locked and therefore, notice could not be served. Nothing more can be done now to intimate the plaintiff about the proceeding.
    Adv. Divya Jain for  proposed LRs of the defendant No.2 is present and prayed for dismissal of the suit.
    Order below Exh-1
    Plaintiff and her counsel are absent. It is found on perusal of the record and proceeding that though the Chamber summons No. 411/2020 is found to have been registered, but it has not been tendered by the plaintiff.  Observation was made to that effect in the roznama dated 01.02.2023. It was also observed in the said roznama that if the plaintiff failed to tender registered CS No.411/2020 or to work out the pending CS No. 2309/18, same would be dismissed in default and thereafter, the matter was adjourned to 24.03.2023, 29.04.2023, 25.07.2023 and then to 21.08.2023.
    Chamber summons No. 2309/2018 was filed for taking on record the legal representatives of deceased defendant No.2 and it is appearing from the submission of the counsel of proposed LRs of deceased defendant No.2 that CS No. 411/2020 was taken out for setting aside the abatement.
    In short, plaintiff had to tender original registered CS No.411/2020 and to argue on the both the Chamber summons.  As the plaintiff and his counsel are absent, and as  they were absent on the previous dates, for the purpose of hearing and for compliance of direction to tender CS No. 411/2020, suit is hereby dismissed in default and for non-compliance of direction.
    CS No. 411/20 and 2309/18 are also disposed of, as the suit is dismissed in default.
    Nature Of Disposal: OTHER
    Disposal Date: 21-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103040/2020
    Filing Date: 04-03-2020
    First Hearing Date: 16th March 2020
    Decision Date: 21st August 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Aug 2023

    Order Details: Chamber summons Pdf Text: 47 21/08/2023 SUIT 3398/08 @ CS 411/20 @ 2309/18 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) The plaintiff and his advocate are absent. On court motion, notice by RPAD was issued to the plaintiff to appear before the court. However, the plaintiff failed to appear. The online track report suggests that the door was locked and therefore, notice could not be served. Nothing more can be done now to intimate the plaintiff…

    Read Full Order

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