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CHAMBER SUMMONS

Mrs. Santosh BalichwalVsMr. Sohail B. Wazifdar +2 more

CNR MHCC0100371920205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ORDER
Decision Date: 31st October 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100523/2020
Registration Date
11 Aug 2020

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 19-09-2020
    Business: CORAM H.H.J. C. P. JAIN, AD-HOC ASSISTANT JUDGE, CITY CIVIL COURT, GR. MUMBAI (C.R.06)
    Matter pertains to CR.No.5
    Advocate for plaintiff absent.
    Advocate for defendant/BMC absent.
    Adv. Mr. Reyden Gonsalvis for defendant No.1 present and has filed registered NM No.523/20.
    Adjourned for filing affidavit of service to 15.10.2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv Jha for plaintiff present.
    Adv R Gonsalves for defendant no.1 and present.
    Adv Gonsalves tendered affidavit of service of CS on plaintiff and defendant no.3.
    Matter adjourned for reply to 21.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Plaintiff present and his advocate absent.
    Adv Rawade present for MCGM/defendant.
    Adv Gonsalves present for defendant no.2 and 3 and sought adjournment.
    Plaintiff filed affidavit in reply on CS No.523/2020. Copy served to other side.
    Matter adjourned for CS arguments to 08.04.2021.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: As court is busy in dictating the Order on NM No. 89/2021 and NM 524/2021, hence The board is discharged.
    Matter adjourned for
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to Covid-19 Matter is Adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: Due to Covid-19 Matter is Adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: As presiding officer is on leave today hence matter is adjourn to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. absent for plaintiff.
    Adv. Gonsalwis present for defendant no. 01 and filed affidavit in rejoinder to Chs. no. 523/2020.
    Adv. Soraan present for MCGM/defendant.
    Matter adjourned for Chs. arg. to. 02/09/2021.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Presiding Officer is on Leave, Hence matter is adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: As court is busy in hearing arguments on Nm no. 3220/2012 in suit no. 4743/12, in Suit no. 1633/2021, in SU 2451/2019, on NM    no. 1052/2012 in suit no. 986/2012 and in suit st. no. 6122/21 and dictating order on draft Chs. in suit no. 2945/15, hence remaining board is discharged, and matter is adjd. to.22/11/21
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Adv. zaa present  for plaintiff and sought adjournment.
    Adv. Soraan@ adv. Diwate present for MCGM/defendant.
    adv. Gonsalvis for defendant no. 01 and 03.
    Matter adjourned for cs arg. to. 16/12/21.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. K.D. Jha present for plaintiff.
    Adv. Vyavhare@ Adv. Sutar  for MCGM/Defendant.
    Adv. Rebello h/f Gonsalves for Def no. 1 and 3 and sought adjournment for hearing on Cs 523/20
    Matter adjourned for hearing on CS on 13-01-2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: As Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Court is busy in urgent hearing matters i.e. Suit No. 1551 of 2022, Suit No. 1203/2009, Suit No. 1566/2022 and hearing SC No. 259 of 2020 and order dictating in Suit No. 60/2015 and Suit No. 96/2015 hence, for want of time  board discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Court is busy
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None for Plaintiff.
    Adv Gonsalvis for deft no.1 and 2 present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant No.3 present.
    On oral request made by advocate for deft no.1 and 2 short adjournment is granted as a last chance.
    Matter is adjd for C/s hearing on 22-12-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-12-2022
    
    Date: 22-12-2022
    Business: As Court is busy in judgment dictating in High Court Time Bound Matter i.e. Suit No. 116 of 2012 and urgent hearing in Suit No. 2538 of 2022 and Suit No. 1770 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM on 21-02-2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: As court is on leave. Hence, matter adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: None for Plaintiff.
    Adv Remelo h/f Adv Gonsalvis for deft no.1 present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant no.3  present.
    None for deft no. 2.
    Matter is adjd for Ch/s hearing on 22-06-2023
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Plaintiff present. Her advocate is absent.
    Adv. D\''mello for D-1 present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. for D-1 matter is adjourned.
    Matter is adjd to 03.08.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Plaintiff present.
    Adv. K. D. Jha for plaintiff present.
    Adv. Rebellow for D-1 present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For D-1 matter is adjourned strictly as last chance.
    Matter is adjd  to 09.08.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: Adv. K. D. Jha for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    Adv. Gonsalves for D-1 present.
    The P.O. is busy in dictating judgment in SC 340/20. Hence, adjourned.
    Matter is adjd  to 21.08.2023 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. K. D. Jha for Plaintiff present.
    Adv. Gonsalves for D-1 and D-2 present.
    Adv. Pradip Patil for MCGM present.
    Heard arguments of both sides on Ch/s No. 523/20
    Matter is adjd  to 04.09.2023 for order on Ch/s No. 523/20.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-09-2023
    
    Date: 04-09-2023
    Business: Adv. K. D. Jha for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in dictating orders in SU No.1392 of 22 in Ch/s No. 1446/22 and NM order in Suit No. 2334/13. Hence, adjourned.
    Matter is adjd  to  29.09.2023 for order on Ch/s No. 523/20.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 29-09-2023
    
    Date: 04-09-2023
    Business: Adv. K. D. Jha for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in dictating orders in SU No.1392 of 22 in Ch/s No. 1446/22 and NM order in Suit No. 2334/13. Hence, adjourned.
    Matter is adjd  to  29.09.2023 for order on Ch/s No. 523/20.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: None for plaintiff.
    Adv. Mr. Pradip Patil for defendant/ BMC present.
    As court is busy in dictating judgment in Suit No.477/2017. Hence, matter is adjourned.
    Matter is adjd. to 11/10/2023 for Ch/S order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None for Plaintiff.
    Adv. Pradip Patil for MCGM present.
    The P.O. is busy in hearing high Court time bound NM No. 1268/22. Hence, adjourned.
    Matter is adjd  to 31.10.2023 for Ch/s order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 31-10-2023
    
    Date: 31-10-2023
    Business: Adv. K. D. Jha for Plaintiff present.
    Adv. Rawade for defendant/BMC present.
    FRSR the following order is passed -
    Order on Ch/s No. 523 of 2020
    1.  Chamber Summons No.523 of 2020 is partly allowed.
    2. The defendant No.1 is allowed to carry out the amendment in the written statement to the extent of para (60U) of the schedule.
    3.  The defendant No.1 shall comply the order within 14 days from the date of this order.
    4.  Chamber Summons is disposed off accordingly.
    Matter is adjd  to 08.11.2023 for compliance.
    Nature Of Disposal: ORDER
    Disposal Date: 31-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104188/2020
    Filing Date: 11-08-2020
    First Hearing Date: 19th September 2020
    Decision Date: 31st October 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Oct 2023

    Order Details: Chamber summons Pdf Text: 1 C.S.No.523 of 2020 CNR:MHCC01-003719-2020 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY CHAMBER SUMMONS NO.523 OF 2020 IN L.C.SUIT NO.2701 OF 2018 Mr. Sohail B. Wazifdar .. Applicant/ Defendant No.1 In the matter between Mrs. Santosh Balichwal .. Plaintiff V/s. Mr. Sohail B. Wazifdar & Ors. .. Defendants Appearance:- Adv. K. D. Jha for plaintiff. Adv. Gonsalves for defendant No.1 and 2. Adv. Pradip Patil for MCGM/defendant No.3. CORAM : HIS HONOUR ADDL.…

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