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SUIT - SHORT CAUSE CIVIL SUIT

Kusum Mukeshkumar ShahVsM/s. Silver Arch Builders and Promotors +3 more

CNR MHCC01003649201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 04th October 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101142/2019
Registration Date
25 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-06-2019
    Business: Adv. Mr. Ashok Jain for Plaintiff present.
    None for Defendant.
    Issue writ of summons
    Matter is adjd. for writ of summons on 22.08.2019.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Mr. Dipesh Jain for plaintiff present.
    Adv. Ms. Kranti Sidrup for deft. nos. 1,3 and 4 present.
    Exh.1-Plaint.
    Exh.2- Vakalatnama.
    Exh.3- Address Memo.
    Exh.4- List of documents.
    Exh.5- Affidavit of service filed by plff., summons is duly served on deft no.2 in view of bailiff report dtd. 15.07.2019.  Suit to proceed Ex-parte against deft no.2.
    Exh.6- V/P of Adv. Ms. Manisha Kapadia for deft. nos. 1,3 and 4 filed by adv. Ms. Sidrup.
    Matter is adjd. for Ex-parte evidence on 04.10.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Adv. Dinesh Jain for Plaintiff present.
    None for Defendant.
    Defendant 1,3 and 4 are failed to file W.S. suit to proceed no W.S. against Defendants.
    Matter is adjd.for R/E (Ex parte) 22.11.2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is on Leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: PW-1- Kusum Mukeshkumar Jain is present.
    Advocate Dipesh Jain for plaintiff is present and filed affidavit in examination in chief of PW-1- Kusum Mukeshkumar Jain at      Exh. 7 alongwith list of documents at Exh. 8.
    None present for defendant.
    Original passbook issued by Union Bank of India, Zaveri Bazaar Branch.
    Original three Form 16A (TDS Certificates) dated 29th January, 2011, 25 May, 2011 and 9th June, 2011 issued by the Defendant no. 1.
    Four Original \''Confirmation of Accounts\'' dated 1st April, 2012, 1st April 2014, 1st April 2015 and 1st April 2016 issued by the Defendant No. 1.
    Original Demand Notice dated 29th October 2018 addressed by my Advocate to the Defendant no. 1.
    Original Registered Post Acknowledgment Due Card.
    Adjourned for further evidence plaintiff to 20.02.2020.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Advocate Mr. S. R. Shetty for plaintiff is present.
    None present for defendant.
    Advocate for plaintiff filed evidence closed pursis at Exh. 14.
    Adjourned for arguments to 11.03.2020.
                                                                                   Judge
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Advocate for plff present.
    None for defendant.
    Matter adjd to 03/04/2020 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 24-07-2020
    
    Date: 24-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: In view of heavy rainfall and disturbed travel services, upon directions of the Honourable High Court, Bombay the Hon''ble I/c. Principal Judge has been pleased to declare Holiday today i.e. 23-09-2020. Hence matter adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: HHJ is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: At. 11.45 am
    Adv. Dinesh Jain for plaintiff present.
    Adv. for plaintiff stated that it is for exparte hearing so matter be heard and decided.
    As per SOP no adverse order can be passed against party absent. Hence in absence of other side it will not be proper to proceed with the suit. Hence adjourned.
    Adjd for exparte arguments to 02/03/2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: Adv. A. V. Jain for plaintiff present.
    Adjd for arguments to 01/04/2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Business: Due to COVID 19 matter adj to
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-08-2021
    
    Date: 07-08-2021
    Business: Adv Mr. Dinesh Jain present for Plaintiff.
    	None present for Defendant.
    Exh.15	Adv Mr. Jain filed consent terms of the parties.
    	Order passed -
    	The parties  to the deed are absent.  Hence be kept for their appearance and admission.
    	Matter adj. to 04/09/2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv. Mr. Ashok Jain for Plaintiff present.
    	None present for Defendant.
    	On oral request of advocate for the Plaintiff matter adj. to 08/10/2021 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Court is vacant
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is Vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Court is Vacant.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: AS PO IS ON TRAINING MATTER ADJD TO
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Matter called out at 11.53 am
    None for plff
    None for Defendant
    Plff is directed to proceed with the arguments.
    Matter is adjd on 04.10.2022 for Arguments
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Matter called out at 11.14 am
    Plff present
    Adv Ashok Jain for plff present
    None for defendant
    Adv for plainff tendered application for withdrawal of the suit t.o.r marked as Exh 16
    O- Plaintiff is present and submits that matter has been settled with defendants and she wants to withdraw the suit.  In view of the submissions of the plaintiff, application Exh 16 is allowed.
    Adv for plaintiff further tendered application for return of original documents t.o.r marked as Exh 17
    O- The original documents tendered in evidence by the plaintiff be returned to the plaintiff by retaining its photocopies.
    In view of the order passed below application Exh 16, following order is passed below Exh 1
    Order
    1.  Suit No. 1142 of 2019 is disposed off as withdrawn unconditionally.
    2.  Issue court fee refund certificate as per the Rules.
    3.  No order as to cost.
    R and P be sent to Record Department
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 04-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103936/2019
    Filing Date: 30-03-2019
    First Hearing Date: 13th June 2019
    Decision Date: 04th October 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Oct 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :SUIT/0101142/2019 Kusum Mukeshkumar Shah Vs M/s. Silver Arch Builders and Promotors Date : 04-10-2022 Business : Matter called out at 11.14 am Plff present Adv Ashok Jain for plff present None for defendant Adv for plainff tendered application for withdrawal of the suit t.o.r marked as Exh 16 O- Plaintiff is present and submits that matter has been settled with defendants and…

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