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CHAMBER SUMMONS

Mohummed Husain Haji Ebrahim MistryVsClassic Corporation and ors.

CNR MHCC0100289820208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th February 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100416/2020
Registration Date
05 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: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    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
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: None for plaintiff.
    Adv Chandramore for the defendants no.2 and 3
    The plaintiff has not filed registered Ch/s.  Hence, plaintiff shall file  registered Ch/s and proof of service of notice on the next date without any fail.
    Matter is adjd. to 26/03/2021  for filing  registered Ch/s and proof of service of notice.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 25/06/2021 for service.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 25-06-2021
    
    Date: 25-06-2021
    Business: (25)
    25.06.2021
    SU 622/2015
    CORAM : H. H. J. SMT. C. V. PATIL  (C.R.NO. 9)
    Adv. Alma Sathi for the plaintiff present.
    None for defendants.
    Adv. for plaintiff registered ch/sum no. 416/20 alongwith affidavit and also filed affidavit of service.
    Matter is adjd. to 06-08-2021 for say on ch/sum.
    Next Purpose: REPLY
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv.Kazi for plaitniff.
    Adv.Gatte for defendant no. 1
    Adv.Mangal Kadam for defendant no.4
    Adv.Chandramore for MCGM/defendant no.2
    Matter adjourned for reply on Ch/s. 416/20 to.10.11.2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Vasani for Plff. present.
    Adv. Jabbar Patel for Deft. no.1 present and filed affidavit in reply. T.O.R.
    Court is busy in hearing argument in SU 2295/21.
    Hence, board is discharged.
    Matter is adjd. to 18-02-2022 for Ch/s. reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Zishan Kazi for plaintiff present and files draft chamber summons alongwith affidavit.  Leave is granted to register Ch/s.
    Adv. M.A. Dorajiwala for Defendant No.1 present.
    Adv.Chandramore for defendant Nos.2 and 3/BMC present.
    Adv.Mangal Kadam for defendant No.4/MHADA present.
    Ld. advs. for Defendant Nos.2 to 4 pointed out that they have not been served with the earlier chamber summons also.  Ld. adv. for plaintiff undertakes to serve them and file service affidavit on or before next date. Hence, matter is adjd. for ch/s reply to 31/3/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-03-2022
    
    Date: 31-03-2022
    Business: Adv. kazi present  for plaintiff
    Adv. Jabbar patel present for defendant 01 and sought time to file reply.
    Adv. Chandramore present for defendant no. 02 and 03/MCGM.
    Plaint
    Vakalatnama. O- Seen and filed.
    Address Memo. O- R and R.
    List of documents. O - Seen and filed
    Affidavit in support of plaint
    Adv. For plaintiff filed vakalatnma on bahalf of plff. t.o.r marked as Exh. 06. He and he tendered original registered Chamber Summons No.  233/2022 alongwith affidavit. t.o.r.
    He also tendered affidavit of service.
    Matter adjourned for reply to 28/06/22.
    Next Purpose: REPLY
    Next Hearing Date: 28-06-2022
    
    Date: 28-06-2022
    Business: Advocate Nishant Kazvi present for plaintiff and tendered draft Chamber Summons alongwith affidavit. Leave granted to register.
    Advocate Deepali patil present for defendant no. 02 & 03.
    Advocate Mangal Kadam present for defendant no. 04.
    None present for defendant no. 01.
    Copy served to Advocate for defendant no. 02, 03 & 04.
    Matter adjourned for service and reply to the Chs to 13.07.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv Zeeshan Kazi present for plaintiff and tendered original register Chamber Summons no. 942/2022. He also tendered affidavit of service.TOR.
    Adv Mangal Kadam present for defendant no. 04.
    Adv Chandramore present for defendant no. 02 & 03.
    None present for defendant no. 01.
    As defendant failed to file reply to Chamber Summons no. 942/22, Chamber Summons no. 942/22 be proceeded without the reply of the defendant.
    Matter adjourned for hearing on Chamber Summons to 16.07.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: Adv. Zeeshan Kaji present for plaintiff.
    Adv. Mangal Kadam present for defendants/MHADA.
    None present for other defendants.
    Heard arguments ld. Adv. For plaintiff and ld adv. For defendants no. 04 on chamber summons no. 942/2022.
    Following order is passed on Chamber Summons No. 942/2022.
                                        ORDER
         By the present chamber summons, plaintiff prayed for permission to amend to schedule A of chamber summons no. 233/2022.
         Perused the chamber summons, affidavit in support of chamber summons and record. From the affidavit in support of chamber summon and schedule of the proposed amendment, it appears that, plaintiff wants to correct the chamber summons number and the suit number in schedule A annexed to the chamber summons no. 233/2022. The proposed amendment appears to be necessary for proper decision of chamber summons no. 233/2022. No prejudice will be cause to the defendants.  Hence, the following order.
    Order-
    1) Chamber Summons No. 942/2022 is made absolute.
    2) Plaintiff shall carry out the amendment as per schedule A in the schedule A of chamber summons no. 233/2022 within 07 days from the date of this order.
    2) Chamber Summons No. 942/2022 is disposed off accordingly.
    Matter adjourned for compliance to 03/08/22.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Zainaba present for  plaintiff and submitted that the order is complied.
    Adv. Chandramore present for defendant 02 and 03/MCGM.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    Matter adjourned for reply to cs no. 233/2022 to 17/08/22.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv Zishan Kazi  present for plaintiff and tendered affidavit of service CS no. 233/2022 .
    Adv Chandramore present for defendant/MCGM.
    None present for other defendants.
    Matter adjourned for reply/hearing on Chamber Summons to 13.09.22.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Jishan Kaji present for plaintiff.
    Adv. Mangal Kadam present for defendant 04/MHADA submitted that they do not want to file reply to the chs. in this present matter.
    None present for other defendants.
    From the affidavit of service, it appears that service of chs. no. 233/2022 was completed. Inspite of just opportunity, defendants failed to file reply to the cs 233/2022. Hence, chs. no. 233/22 be proceeded without reply of defendants.
    Matter adjourned for hearing on cs no. 233/22 to 04/10/22.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Zishant kaji present for plaintiff.
    Adv. Mangal Kadam present for defendant 04/MHADA.
    Adv. Chandramore present for defendant 03/MCGM.
    Adv. M. A. Thatte present for defendant no. 01.
    Heard arguments of ld. Adv. For plaintiff and ld adv. For defendants on chamber summons no. 233/2022.
    kb.
    Following order is passed on Chamber Summons No. 233/2022.
    ORDER – Plaintiff has taken out present chamber summons for allowing him to amend schedule (A) annexed to chamber summons no. 416/2020 as per schedule (A).
          Perused the Chamber Summons, affidavit in support of Chamber Summons and record. Heard arguments of ld. Adv. For plaintiff and ld adv. for defendants.
          From the proposed amendment, it appears that, plaintiff want to amend schedule (A) of chamber summons no. 416/2020 as there are certain errors therein. Thus, by the present chamber summons plaintiff want to make correction in schedule (A) of chamber summons no. 416/2020. No prejudice will be cause to the defendants. Considering the matter on record and above discussion. Present chamber summons deserves to be made absolute. Hence, the following order.
                                        ORDER-
    1) Chamber Summons No. 233/2022 is made absolute.
    2) Plaintiff shall amend the schedule (A) of chamber summons no. 416/2020 as per schedule within 07 days from the date of this order.
    2) Chamber Summons No. 233/2022 is disposed off accordingly.
    Matter adjourned for compliance To 20/10/22.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Adv. Zishan Kaji present for plaintiff and submitted that, order is complied and sought adjournment for service of amended copy of plaint.
    None present for defendants.
    Adv. Mangal Kadam present for defendants/MHADA.
    Adv. Chandramore present for defendant 03/MCGM.
    Matter adjourned for service of amended copy of plaint to 19/11/22.
    Next Purpose: SERVICE
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: Adv Manoj Borkar present for plaintiff and submitted that service of Chamber Summons is complete
    None present for defendants.
    Matter adjourned for service of amended of copy of plaint and proof of CS no. 416/2020 to 16.12.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: Adv. Manuj Borkar present for plaintiff  and tendered affidavit of service of amended copy of chs. t.o.r..
    Plaintiff in person present.
    Adv. Mangal Kadam present for defendants/MHADA.
    Adv. Chandramore present for defendant/MCGM and sought adjournment to file reply.
    Matter adjourned for cs reply/no reply order to 16/01/23.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Adv Zishank Quazi for plaintiff present.
    Adv Mangal Kadam for defendant no. 4
    Adv Chandra More for defendant no. 2 and 3.
    None for deft no. 1.
    From the record it appears that inspite of just opportunity defts failed to file reply to Ch/s. No. 416/2020. Hence, Ch/s no. 416/2020 be proceed without reply of defendants.
    L.O.
    Adv M.A. Dhorajiwala for defendant no. 1 present.
    Matter adjourned for Ch/s hearing to 23-01-2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: Adv. Jishan Kaji present for plaintiff.
    Adv. Mangal Kadam present for defendant no. 04/MHADA and sought adjournment.
    Adv. Chandramore present for defendant no. 02 and 03/MCGM.
    None present for other defendant no. 01.
    Matter adjourned for cs hearing to 24/01/23.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: Adv. Zishan Kaji present for plaintiff.
    Adv. Chandramore present for defendant no. 02 and 03/MCGM.
    Adv. Mangal Kadam present for defendant no. 04/MHADA.
    None present for other defendant no. 01.
    Heard arguments of ld. Advocate for plaintiff and ld. Advocate for defendant no. 04 on cs no. 416/2020.
    Adv. For defendant no. 02 and 03 sought adjournment.
    Matter adjourned for arguments of defendant no. 01 to 03 if any on chs. To 27/01/23.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Adv. Zishan Qauzi present for plaintiff.
    Adv. N. A. Ghatle present for defendant no.01.
    As court is busy in dictating order on nm  in group matter i.e. suit no. 901/20, 902/20, 961/20, 962/20, 963/20 and 1030/20. Hence,
    Matter adjourned for arguments of defendant no. 01 to 03 if any on chs. To 13-02-23.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: Adv. Zishan Kazi for plaintiff present.
    Adv. Gatte for defendant no. 1 present.
    Adv. Chandra More for defendant no. 2 and 3 present.
    Adv. Mangal Kadam for defendant no. 4 present.
    Heard arguments of Ld. Advocate for defendant no. 1 and advocate for defendant no. 2 and 3 and rejoinder argument of plaintiff on CS no. 416/20.
    Matter adjourned to 14.02.2023  for Order on CS no. 416/20.
    Next Purpose: ORDER
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Zishan Kazee present for plaintiff.
    Adv. Mangal Kadam present for defendant no. 04/MHADA.
    Adv. Chandramore present for defendant no. 02 and 03/MCGM.
    None present for other defendant no. 01.
    F.R.S.R. following order is passed on Chamber Summons No. 416 of 2020.
                                        ORDER
    1) Chamber Summons No. 416 of 2020 is made absolute.
    2) Plaintiff shall carry out the amendment as per schedule A within 14 days from the date of this order.
    3) Chamber Summons No. 416 of 2020 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102616/2020
    Filing Date: 05-03-2020
    First Hearing Date: 16th April 2020
    Decision Date: 14th February 2023
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    14 Feb 2023

    Order Details: Chamber summons Pdf Text: 1 CS 41620 IN SUIT NO.62215 MHCC010028982020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 416 OF 2020 IN SUIT NO.622 OF 2015 Mohammed Husain Haji Ebrahim Mistry ] ...Plaintiff. Versus Classic Corporation and Others ]…Defendants. Appearance: Ld. Advocate Zishan Kazi for Plaintiff. Ld. Advocate Gatte for Defendant No.1. Ld. Advocate Chandramore for Defendant No. 2 and 3. Ld. Advocate Mangal Kadam for Defendant No.4. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08)…

    Read Full Order
    Final Order 1
    14 Feb 2023
    Order Details: Chamber summons
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :CHAMBER SUMMONS/0100416/2020
    Mohummed Husain Haji Ebrahim Mistry Vs Classic Corporation and ors.
    Date : 14-02-2023
    Business : Adv. Zishan Kazee present for plaintiff. Adv. Mangal
    Kadam present for defendant no. 04/MHADA. Adv.
    Chandramore present for defendant no. 02 and 03/MCGM.
    None present for other defendant no. 01. F.R.S.R. following
    order is passed on Chamber Summons No. 416 of 2020.
    ORDER 1) Chamber Summons No. 416 of 2020 is made
    absolute. 2) Plaintiff shall carry out the amendment as per
    schedule A within 14 days from the date of this order. 3)
    Chamber Summons No. 416 of 2020 is disposed off
    accordingly.
    Nature of Disposal : ALLOWED
    Disposal Date : 14-02-2023
    COURT 08 ADDL SESSIONS JUDGE
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