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CHAMBER SUMMONS

Aminamohammad Dawood Inrahim And OrsVsShanti Gulabchand Agarwal And Ors

CNR MHCC0100321520192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 17th March 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100641/2019
Registration Date
20 Mar 2019

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: 25-04-2019
    Business: Adv. Pandya for Plaintiff present.
    Adv. Tiwari for Defendant nos.3 and 4 present.
    Plff is directed to file original Ch/s.
    Deft nos.3 and 4 sought time to file reply to Ch/s.
    Time is granted.
    Plff is directed to serve copy of Ch/s on rest of defendants.
    Adj for reply and service of Ch/s to 12.07.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Adv. Pandya for Plaintiff present.
    Deft and Adv absent.
    Affidavit of service filed by Adv for Plaintiff t.o.r.
    Plaintiff has sent notice to some of the defendants through courier service.
    Plaintiff to satisfy whether aforesaid courier service is recognised as per rules.
    So far as notice of defendant no.1(d) is concerned, she has refused to take registered envelope, so it is deemed to have served upon her.
    As far as defendant no.1(c) is concerned, registered envelope is not served on the count that he was not found there.
    Therefore, Plaintiff is directed to take steps of service and also to clarify about courier service.
    Adj for service to 19.08.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adv. N.K. Pandya for Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff sought adjournment for service of notice on defendant no.1(c).
    Time is extended.
    Adj for service to 25.09.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Meena Shah for Plaintiff present.
    Adv. For defendant absent.
    She tendered draft chamber summons. t.o.r.
    O- Leave granted to register it
    Adjd. to 7.10.2019 for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. N.K. Pandya for Plaintiff present.
    None for defendant.
    Adjd. to 19.11.2019 for  direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: None present for plaintiff.
    None present for defendant.
    Plaintiff is directed to file two register Chamber summons on record.
    Adjourned for compliance to 27.11.2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Castelino for plaintiff present.
    He tendered original Chamber summons 1870/19. t.o.r.
    Adjourned for C/s 1870/19 hearing  to 13.12.2019.
    Next Purpose: HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Meena Shah for plaintiff present.
    None present for defendant.
    Order on Chamber summons No. 1870 of 2019
    Chamber summons is taken out by the plaintiffs for substituted service of Chamber summons no 641/19 upon defendant no 1c by publishing the same in newspapers.  It appears that Chamber summons has been send to defendant no 1c by registered post
    However, envelope was returned with remark left.
    Therefore, it is just to make service of Chamber summons upon defendant no 1c by publishing the same in newspaper as prayed.
    Therefore, Chamber summons No. 1870/2019 is allowed in terms of prayer clause(a).
    Publication be made at the expenses of plaintiff.
    Adjourned for service report to 27.01.2020
    Next Purpose: SERVICE
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: Adv. Pandya for plaintiff present.
    Plaintiff tendered original Chamber summons 641/19.
    He also filed two affidavit of service t.o.r.
    Adjourned for direction to 21.02.2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv Pandya for plff present.
    He already filed two affidavits along-with paper publications in two news papers regarding service of CS on deft no. 1c(a).  It appears that CS duly served on deft no. 1c(a) through paper publications.  Hence, deft no. 1c(a) proceeded without reply.
    Matter stands Adj for CS hearing to 11/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: HHJ is on leave today
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 27-03-2020
    Business: adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 07-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Business: None present.
    Matter stands Adj for Hearing on Ch/s to 10.11.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 14-10-2020
    Business: None present.
    Matter stands Adj for Hearing on Ch/s to 10.11.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: P.O. IS ON LEAVE TO ATTEND ONLINE WORKSHOP (C. R. No. 2)
    None present.
    Matter stands Adj for CS Hearing to 08/12/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present.
    Matter stands Adj for CS hearing to 18/01/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Adv. Meena Shah for plaintiff present.
    Matter stands Adj for Hearing on Ch/s to 01.02.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Adv Meena Shah for plff present.
    Matter stands Adj for CS Hearing to 18/02/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv N. G. Pandya for plff present.
    He filed affidavit of service on deft no. 1a, 1b, 1e, 1f and 2 to 4. t.o.r.
    It appears that CS is served to these defts on 28/01/2021.
    Adv for plff seeks time for CS Hearing.  Granted as last chance.
    Matter stands Adj for CS Hearing to 17/03/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Mina Shah for plaintiff present.
    Heard advocate for the plaintiff on chamber summons.
    Plaintiff taken out this chamber summons for adding Shahnaza Kazerani @ Shanaz Chevalwala on the ground that she is one of the legal heir of Kulsumbai Vali Mohd. Merchant, lessor of the suit premises.
    Suit is for eviction. Advocate for plaintiff submitted that settlment is going on between the parties, hence presence of proposed plaintiff is necessary. Advocate for plaintiff filed death certificate of Noor Banu Chevalwala and submitted that proposed plaintiff is a daughter of Noor Banu and grand daughter of Kulsumbai.
    Under the circumstances, chamber summons is allowed and disposed of.
    Amendment is to be carried out within 14 days from the date of this order.
    Plaintiff is directed to file amendment plaint on the record as the original plaint is in very bad conditions.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 103473/2019
    Filing Date: 20-03-2019
    First Hearing Date: 25th April 2019
    Decision Date: 17th March 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Mar 2021
    Order Details: Other
    Pdf Text: 17.03.2021
    01
    CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
    (C. R. No. 2)
    SU 8556/1992
    @ CS 641/2019
    Adv. Mina Shah for plaintiff present.
    Heard advocate for the plaintiff on chamber summons.
    Plaintiff taken out this chamber summons for adding
    Shahnaza Kazerani @ Shanaz Chevalwala on the ground
    that she is one of the legal heir of Kulsumbai Vali Mohd.
    Merchant, lessor of the suit premises.
    Suit is for eviction. Advocate for plaintiff submitted that
    settlment is going on between the parties, hence presence of
    proposed plaintiff is necessary. Advocate for plaintiff filed
    death certificate of Noor Banu Chevalwala and submitted
    that proposed plaintiff is a daughter of Noor Banu and grand
    daughter of Kulsumbai.
    Under the circumstances, chamber summons is allowed
    and disposed of.
    Amendment is to be carried out within 14 days from the date
    of this order.
    Plaintiff is directed to file amendment plaint on the record as
    the original plaint is in very bad conditions.
    Matter stands Adj for compliance on 08.04.2021
    Judge
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