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CHAMBER SUMMONS

Spearhead Destinations Pvt. Ltd. - Comm. Suit St. No. 2336/2020VsUTS Travel

CNR MHCC01002951202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd March 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100444/2020
Registration Date
07 Mar 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: 19-03-2020
Business: Wrongly on board.
Adv. Pai for plaintiff present and filed original NM 1037/20 along with affidavit and Original CS 444/20 alongwith affidavit.
Already matter stands Adj for Reply to NM to 23.03.2020
Next Purpose: REPLY
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Business: adjourned
Next Purpose: REPLY
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: REPLY
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 24-08-2020

Date: 24-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: None for Plaintiff.
Advocate Mayank Ratnaparkhe i/b Argus Partners for defendant no.1 present and filed reply to NM No.902/20. TOR and marked as Exh.4.
O- R and R.
KB
LO at 02.40 pm,
None for Plaintiff.
Advocate Mayank Ratnaparkhe i/b Argus Partners for defendant no.1 present
Advocate Pritesh Rajbhor for defendant no.2 present and sought time to file reply on NM and Ch/s.
The case is adjourned to 16.02.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Advocate Jayesh Chabria for plaintiff present and tendered rejoinders TOR.
Advocate Aaditya Pimple for defendant no. 1 present.
Advocate Pritesh Shah for defendant no. 2 present.
Plaintiff shall remove the office objections within two weeks from today failing which further orders will follow.
The case is adjourned to 03.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Adv. Mr. Jay Chhabria a/w adv. Mr. Pratik Pai for plaintiff present.
Adv. Ms. Jaisha Sabhvala for deft no.1 present.
Adv. Mr. Pritesh Rajgor for deft no.2 present.
Rejoinder submitted by plff. on NM no. 1037/20, copy served to other side.
Rejoinder submitted by plff. on Ch/s no. 444/20, copy served to other side.
Affidavit in reply submitted by deft no.1 on NM no. 1037/20, Copy served to other side.
Affidavit in reply submitted by deft no.1 on Ch/s no. 444/20, Copy served to other side.
Exh.4- V/P of adv. Mr. Pritesh Rajgor for deft no.2.
Affidavit in reply submitted by deft no.2 on NM no.902/20, copy served to plff.
Exh.5- Service affidavit of plff. for ch/s no. 444/20.
Exh.6- Service affidavit of plff for NM no. 1037/20.
Adv. Mr. Rajgor for deft no.2, prayed for one week time to submit reply on NM no. 1037/20 and Ch/s no. 444/20- Adjournment is granted.
Matter is adjd.to 15.04.2021 for reply on NM no.
1037/20 and Ch/s no. 444/20.
Next Purpose: C/S REPLY
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: In pursuance of directions of the Honorable High Court and Notice dated 13.04.2021 of City Civil and Sessions Court, declaring 12.04.2021, 15.04.2021, 16.04.2021 and 17.04.2021 as holidays, matter is adjourned to 10.06.2021.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: None present for Plff.
Adv. Mr. Jonathan Jose I/b Aigus Partners for Deft.No.1.
None for deft.no.2.
Matter is adjd.to 23.08.2021 for reply of deft.no.2 to
N/m No. 1037/2020 and Ch/s No. 444/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Next Purpose: C/S  HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Next Purpose: NM  ORDERS
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: Adv. Alisha Shipchandler for plaintiff present.
Adv. Usha Rahi  for defendant no. 2
F.R.S.R. following order is passed in NM No. 902/2020 -
                           ORDER
1) Notice of Motion No. 902/2020 is partly allowed in terms of prayer clause (e).
2) Proceeding of N/M No. 902/2020 is closed.
Matter is adjd.to 15-11-2021 for NM Hrg and C/S Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Adv. Alefiyah S.  for plaintiff present.
Adv. Pritesh Rajgur for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1.
With consents of both sides, matter is adjourned to 09-03-2022.
Matter is adjd.to 09-03-2022 for C/S Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: Adv. Jai Chhabria a/w Adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgur alongwith Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1
Heard Ld. Adv.  Jai Chhabria  for plaintiff and  Ms. Usha Rahi for defendant no. 2 and proposed defendants no. 7 and 8 in NM No. 1037/20
Matter is adjd.to 17-03-2022 for NM No. 1037/20 Order
Next Purpose: NM  ORDERS
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Next Purpose: NM  ORDERS
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: None for plaintiffs.
None for defendants.
None for respondents.
F.R.S.R. following order is passed in NM no.1037/20
ORDER
1. Notice of Motion No.1037/2020 is dismissed.
2. The proceeding of N/m. No. 1037/2020 is closed.
Matter is adjd.to 29-04-2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Pratik Pai  for plaintiff present.
Adv. Pritesh Rajgur for defendant no. 2 and proposed defendants no. 7 and 8 present.
None for defendant no. 1
Matter is adjd.to 01-07-2022 for C/S Hrg. (2.45pm)
Next Purpose: C/S  HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: Court is on leave
Next Purpose: C/S  HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Jai Chhabria and adv. Pratik Pai for plaintiff present.
Adv. Pritesh Rajgor for defendant No. 2 in suit and respondent No. 5 and 6 in chamber summons present.
Plaintiff is directed to Issue writ of summons to defendants.
Adjd for Chamber summons hearing to 05/08/2022
Next Purpose: C/S  HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Anusha for plaintiff present.
Adv. Pritesh for Defendant present.
Adv. for plaintiff submitted that plaintiff has challenged the order in Honble High Court.
Adjd for C/S hearing to 24/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Adv. Jay Chhabria along with Adv. Pratik Pai for plaintiff present.
Adv. Usha Rane along with adv. Pritesh Rajgor for defendant no. 2 present.
Heard arguments of adv. Mr. Chhabria for plaintiff and adv. Usha Rane along with Adv. Rajgor for deft no.2 (proposed respondent No. 7 and 8 ) to chamber summons no. 444/20
Argument of other defendants not heard. Place for orders.
Adjd for Chs orders to 06/09/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-09-2022

Date: 21-09-2022
Business: Court is on leave
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Arunima for plaintiff present.
Court is busy in recording evidence and passing order in other suit hence adjourned.
Adjd for Chs orders to 06/10/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Adv. Arunima for plaintiff present.
Court is busy in framing issues and passing order in other suit hence adjourned.
Adjd for Chs orders to 13/10/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Pratik Pai for plaintiff present and tendered draft NM along with affidavit in support. O- Leave granted to register NM.
Adjd for Chs orders to 20/10/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-10-2022

Date: 20-10-2022
Business: Adv. Pratik Pai for plaintiff present.
Adv. Rajbhar for defendant present.
Adv. for defendant tendered original registered NM NO.3844/22. TOR.
Matter ajdj for order on CS no.444/20 on 04/11/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: None present when called.
Court is busy in passing order in other suit hence adjourned.
Adjd for Chs orders to 15/11/2022
L. O
Ad. Arunima Athavale for plaintiff present.
Adv. Pritesh Rajgor for deft No. 2 present and tendered draft NM along with affidavit in support. O- Leave granted to register Notice of motion.
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Arunima Athavale for plaintiff present and seeks time to file reply to NM No. 4142/22
Adv. Pritesh Rajgor for defendant No. 2 present and tendered registered NM No. 4142/22 along with affidavit in support. T.O.R
Court is busy in passing order in other suit hence adjourned.
Adjd for Chs Orders/NM reply/NM hearing to 19/11/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Adv. Arunima Athavale for plaintiff present.
Adv. Pritesh Rajbhor for defendant no.2 present.
Court is busy in passing order in other suit hence adjourned.
Adjd to 19.12.2022 for Chs no. 444/20 orders/ reply on NM No.3844/22 and NM 4142/22 by plaintiff.
Next Purpose: CH/S ORDERS
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: Adv. Arunima Athavale for plaintiff present and sought time for filing reply on NM No.4142/22. O- granted.
Adv. Pritesh Rajbhor for defendant no.2 present and filed reply in NM No.3844/22.
copy served to the plaintiff.
Court is busy in passing order in Commercial Suit no.29/19, Commercial Summary Suit 09/19 and Commercial Summary Suit 260/22.
Adjd for reply of plaintiff on NM No.4142/22 and hearing on NM 3844/22 and Order on  CHS 444/20 on 16.01.2023
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv. Pratik for plaintiff is present.
Adv. Pritesh Rajbhor for defendant no.2 is present.
Exh.08 Ld adv for plaintiff filed affidavit of service t.o.r. O- Seen.
As per affidavit of service the writ of summons is not served to the both defendants.
Issue fresh writ of summons.
Plaintiff is directed to file affidavit of service of NM no. 3844 of 22.
Plaintiff filed affidavit in reply to the NM no.4142 of 22 t.o.r. O- R and R.
Copy of reply is served to the defendant.
Court is busy in hearing on Commercial suit no. 274/22, 245/21, 82/22, 1321/21 and NM 2088/22 and dictating order in Ch/s no. 1935/22.
Case is adjourned for Ch/s order, affidavit of service of NM 3844 of 22 and hearing on NM no.4142 to 02-02-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Anusha h/f Adv. Pratik Pal for plaintiff is present and filed affidavit of service of NM no. 3844/22 t.o.r. marked as Exh.08 O-Seen.
As per affidavit of service NM is served to the defendant through email.
Adv. Ritesh Rajgor for defendant no.2 is present and sought time for filing rejoinder to the NM no. 4142/22. granted time.
Defendant no.1 is absent.
Defendant no.2 is directed to serve the copy of rejoinder in advanced to the plaintiff.
Court is buys in final argument in commercial suit Nos.404/2020, 402/22 and dictating order in Notice of Motion Nos. 3761/22, 3909/22, 2789/22.
Case is adjourned for Ch/s order to 04-02-2023 and for NM hearing to 03-03-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv. Prateek Pal i/b Keystone partners for plaintiff is present.
None for defendant.
Court is busy in dictating judgment in Commercial Summary suit no. 163/22, dictating order in NM no. 4987/22, 327/23, 2143/22, 3553/22 and order below Exh.20 and 21 in Commercial Suit No.274/21.
Case is adjourned for Ch/S order to 03-03-2023.
Next Purpose: CH/S ORDERS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Adv. Unisha Guthi i/b Keystone partners for plaintiff is present.
Adv Pritesh Rajbhor for defendant no.2 is present and sought time for filing rejoinder to NM no. 4142 of 2022. Granted.
F.R.S.R. following order is passed in Chamber Summons No. 444 of 2020-
ORDER
1.  The Chamber Summons No. 444 of 2020 is allowed.
2.   The plaintiff is permitted to carry out amendment in the plaint in terms of Schedule ‘I’ annexed with the Chamber Summons.
3.   The plaintiff is also permitted to add proposed defendant nos.3 to 8 in the plaint.
4.   After carrying out the necessary amendment in the plaint, the summons be issued to the proposed defendant nos.3 to 8.
5.   This amendment shall take into effect from the date of filing of this Chamber Summons.
6.   The defendant nos. 1 and 2 are permitted to file additional Written Statement on record, if they desires.
7.   Order accordingly.
Case is adjourned for compliance and rejoinder to NM no. 4142 of 22 and hearing of NM No. 3844 of 22 to 27-03-2023.
Nature Of Disposal: ALLOWED
Disposal Date: 03-03-2023

Additional Case Details

Additional Case Details
Filing Number: 103199/2020
Filing Date: 07-03-2020
First Hearing Date: 19th March 2020
Decision Date: 03rd March 2023
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
03 Mar 2023

Order Details: Chamber summons Pdf Text: 1 Order in Ch/s 444/2020 in Comm. Suit 64/2021 CHAMBER SUMMONS NO. 444 OF 2020 IN COMMERCIAL SUIT NO. 64 OF 2021 CNR NO. : MHCC010029512020 Spearhead Destination Pvt. Ltd. … Plaintiff V/s. UTS Travel & Anr. ...Defendants And UTSHotelbook PTE. Ltd & Ors. …Proposed defendants Appearance: Adv. Jay Chhabria along with Adv. Pratik Pai for Plaintiff. Adv. Pritesh Rajgor for Defendant No. 2 Adv. Usha Rahi for Proposed Defendant Nos. 7 & 8.…

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