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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

BRG Iron and Steel Company Pvt. LtdVsMr. Raju P Kothari

CNR MHCC01003770201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 05th August 2023

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100098/2018
Registration Date
19 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-06-2018
    Business: Adv Mr. Arvind for plff. Present.
    Adv Ms. Manisha Karale for deft. present.
    Adv for plff. Filed draft ch/s for deleting the name of deft. Leave granted to register.
    Adjd. For service on 26.09.2018.
    Next Purpose: SERVICE
    Next Hearing Date: 26-09-2018
    
    Date: 26-09-2018
    Business: Adv. Arvind Dube for Plaintiff Present and filed register Ch/su1117/18. Adv. Manish Jain for defendant Present and reply to ch/su 1117/18 is t.o.r.
    Adjd to 04/12/2018 for hearing on Ch/su no. 1117/18
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: Matter transferred from Cr. no.14.
    Adv. Kishore Shiryan Present for the Plff.
    Adv. Jain Present for the Deft.
    Adj. For Hearing on CS 1117/18 on 31/01/2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Adv for plff.Mr. Kishor Shriya present
    Adv fro deft Mr. Manish Jain present
    Adv for plff requested for adjournment for filing rejoinder to reply filed by deft to C/S 1117/18
    O-Granted
    Matter is Adjd for Filling Rejoinder to C/S 1117/18 on 21/02/2019
    Next Purpose: REJOINDER
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: None present
    Matter is Adjd for S/J 98/18 Hearing on 02/04/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Matter transferred from Cr. no.09.
    Adv. Ms. Bhavika Thingalaya Present for the Plff.
    Adv. Ms. Manisha karale Present for the Deft.
    Ld counsel for the plff filed rejoinder to CS 1117/18. t.o.r. copy served to Ld counsel for the deft.
    Adj. For Hearing of CS 1117/18 and SJ 98/18 on 05/07/2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: None present.
    Adv.for plaintiff
    Adv.for defendant
    Matter adjd to 20.08.2019
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adjd
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: P.O. is on leave. Board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-11-2019
    
    Date: 17-09-2019
    Business: P.O. is on leave. Board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv.Ms.Bhavika for plaintiff present, On her request matter is KB.
    Adv. Manish Jain for defendant present.
    L.O.at 12.50 pm
    Adv. Kishor Shariyan for plaintiff present.
    Adv. Manish Jain for defendant present.
    Heard argument of advocate of  both sides.
    Matter adj for Ch/s order to 03.12.2019.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 03-12-2019
    
    Date: 07-11-2019
    Business: Adv.Ms.Bhavika for plaintiff present, On her request matter is KB.
    Adv. Manish Jain for defendant present.
    L.O.at 12.50 pm
    Adv. Kishor Shariyan for plaintiff present.
    Adv. Manish Jain for defendant present.
    Heard argument of advocate of  both sides.
    Matter adj for Ch/s order to 03.12.2019.
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: P.O. is on Training, Board is discharged..
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 02-01-2020
    
    Date: 03-12-2019
    Business: P.O. is on Training, Board is discharged..
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 02-01-2020
    
    Date: 03-12-2019
    Business: P.O. is on Training, Board is discharged..
    Next Purpose: CS NM ORDERS
    Next Hearing Date: 02-01-2020
    
    Date: 02-01-2020
    Business: Adv. Bhavika for plaintiff present.
    Adv. Manisha Karale for defendant present.
    Matter adj for Ch/s reargument to 10/01/2020.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 10-01-2020
    
    Date: 02-01-2020
    Business: Adv. Bhavika for plaintiff present.
    Adv. Manisha Karale for defendant present.
    Matter adj for Ch/s reargument to 10/01/2020.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 10-01-2020
    
    Date: 02-01-2020
    Business: Adv. Bhavika for plaintiff present.
    Adv. Manisha Karale for defendant present.
    Matter adj for Ch/s reargument to 10/01/2020.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Plaintiff absent
    Defendant absent.
    Adv. Bhavesh for plff present
    Adv. Manish Karale for deft. Present.
    Matter is adjd to 10.02.2020 for Ch/s hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-02-2020
    
    Date: 10-01-2020
    Business: Plaintiff absent
    Defendant absent.
    Adv. Bhavesh for plff present
    Adv. Manish Karale for deft. Present.
    Matter is adjd to 10.02.2020 for Ch/s hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv Bhavika (holding) for plaintiff present.
    Adv Manish Jain (holding) for defendant present.
    Adv for plaintiff requested for date.
    Matter adjourned for CS hearing to 23.03.2020 at 2.45 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 10-02-2020
    Business: Adv Bhavika (holding) for plaintiff present.
    Adv Manish Jain (holding) for defendant present.
    Adv for plaintiff requested for date.
    Matter adjourned for CS hearing to 23.03.2020 at 2.45 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 10-02-2020
    Business: Adv Bhavika (holding) for plaintiff present.
    Adv Manish Jain (holding) for defendant present.
    Adv for plaintiff requested for date.
    Matter adjourned for CS hearing to 23.03.2020 at 2.45 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 23-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-12-2020
    
    Date: 29-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-12-2020
    
    Date: 29-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 29.01.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 05-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 29.01.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 05-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 29.01.2021 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Manish N. Jain for deft. Present.
    Matter is adjd to 08.03.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 29-01-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Manish N. Jain for deft. Present.
    Matter is adjd to 08.03.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv Kishore Shriyan for plaintiff present.
    Adv Manish Jain for Defendant present.
    Matter is adjd to 24.03.2021 for Ch/S Argument
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv Kishore Shriyan for plaintiff present.
    Adv Manish Jain for Defendant present.
    Matter is adjd to 24.03.2021 for Ch/S Argument
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-03-2021
    
    Date: 08-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv Kishore Shriyan for plaintiff present.
    Adv Manish Jain for Defendant present.
    Matter is adjd to 24.03.2021 for Ch/S Argument
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Bhavika Thingalaya I/b Kishore Shriyan for the plff present.
    Adv. Manish N. Jain a/w Shivani V.  for the deft present.
    Matter is adjd to 29.06.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 24-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Bhavika Thingalaya I/b Kishore Shriyan for the plff present.
    Adv. Manish N. Jain a/w Shivani V.  for the deft present.
    Matter is adjd to 29.06.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 24-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Bhavika Thingalaya I/b Kishore Shriyan for the plff present.
    Adv. Manish N. Jain a/w Shivani V.  for the deft present.
    Matter is adjd to 29.06.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 25.08.2021 for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 29-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 25.08.2021 for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 29-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 25.08.2021 for C/S Hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 16.10.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-10-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 16.10.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-10-2021
    
    Date: 25-08-2021
    Business: Court is Vacant.
    Matter is adjd to 16.10.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv for plaintiff present.
    Adv for defendant present.
    Adv for plaintiff prayed for grant of adjournment. Adjournment is granted.
    Matter is adjd to  21.01.2022 for Chs hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for CS hearing to 11.02.2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for CS hearing to 11.02.2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for CS hearing to 11.02.2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: None present.
    Matter is adjd for  Chs hearing on 19-04-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 11-02-2022
    Business: None present.
    Matter is adjd for  Chs hearing on 19-04-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 11-02-2022
    Business: None present.
    Matter is adjd for  Chs hearing on 19-04-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Kishore N. Shiyan for Plaintiff present.  He submits that his ready for hearing on Ch/s.
    None for Defendant. Matter adjourned as last chance for hearing on Ch/s on 06.09.2022.
    Plaintiff to tendered registered S/J on record.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 14-07-2022
    Business: Adv. Kishore N. Shiyan for Plaintiff present.  He submits that his ready for hearing on Ch/s.
    None for Defendant. Matter adjourned as last chance for hearing on Ch/s on 06.09.2022.
    Plaintiff to tendered registered S/J on record.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 14-07-2022
    Business: Adv. Kishore N. Shiyan for Plaintiff present.  He submits that his ready for hearing on Ch/s.
    None for Defendant. Matter adjourned as last chance for hearing on Ch/s on 06.09.2022.
    Plaintiff to tendered registered S/J on record.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: As court is busy in argument in SJ No.256/16 and argument and order in SJ No.124/17 and SJ No.223/18. Hence board is discharged.
    Matter adjourned to 14/11/2022 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 06-09-2022
    Business: As court is busy in argument in SJ No.256/16 and argument and order in SJ No.124/17 and SJ No.223/18. Hence board is discharged.
    Matter adjourned to 14/11/2022 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 06-09-2022
    Business: As court is busy in argument in SJ No.256/16 and argument and order in SJ No.124/17 and SJ No.223/18. Hence board is discharged.
    Matter adjourned to 14/11/2022 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv.Shriyan for plaintiff present.
    Adv.Manish Jain for defendant present.
    Heard both the sides on C/S No.1117/18.
    F.R.S.R following order is passed on C/S No.1117/18.
    ORDER.
    1. Chamber Summons No.1117 of 2018 is allowed in terms of prayer clause(a) which reads as under-------.
    (A) This Hon\''ble Court be pleased to permit the plaintiff to amend the Plaint and Summons for Judgment as per the schedule annexed hereto.
    2. Amendment to be carried out within 14 days from the date of this order.
    3.Cost in cause.
    4.Chamber Summons No.1117 of 2018 is disposed of.
    Plaintiff to file registered SJ on record.
    Matter is adj to 02/01/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: None for plaintiff.
    None for defendant.
    Matter is adj to 07/03/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    It appears that despite order dated 14/11/2022 permitting plaintiff to carry out amendment, no amendment is carried out by plaintiff.  Hence, as a last chance matter is adj to 20/04/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy dictating judgment in Suit No.6358 of 2003, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 14/07/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Both parties and their counsel are absent.
    By the order dated 14.11.2022, the plaintiff had to carry out the amendment in the title clause of the plaint within 14 days, but it is not carried out till date.
    Matter is adj to 05.08.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusal of the record and proceedings, it is found that CS No. 1117/2018 was filed for amendment and it was allowed by the order dated 14.11.2022. The amendment was to be carried out within 14 days. Though many times the matter was adjourned and though more than 8 months have been elapsed after passing the said order, the amendment is not yet carried out. It is also appearing that neither plaintiff nor plaintiffs counsel are attending the court. Therefore, I find no propriety to keep the matter pending or to adjourn the matter again.
    Hence, the suit is hereby dismissed in default and for  non-compliance of the order. As the suit is dismissed,  SJ No. 98/2018 is disposed of.
    Nature Of Disposal: OTHER
    Disposal Date: 05-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104196/2018
    Filing Date: 19-03-2018
    First Hearing Date: 27th June 2018
    Decision Date: 05th August 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1
    05 Aug 2023
    Order Details: Other
    Pdf Text: 10
    05/08/2023
    SUM
    882/15 @ SJ
    98/18
    CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusal of the record and proceedings, it is found that CS No.
    1117/2018 was filed for amendment and it was allowed by the
    order dated 14.11.2022. The amendment was to be carried out
    within 14 days. Though many times the matter was adjourned and
    though more than 8 months have been elapsed after passing the
    said order, the amendment is not yet carried out. It is also
    appearing that neither plaintiff nor plaintiff’s counsel are attending
    the court. Therefore, I find no propriety to keep the matter pending
    or to adjourn the matter again.
    Hence, the suit is hereby dismissed in default and for
    non-compliance of the order.
    As the suit is dismissed, SJ No.
    98/2018 is disposed of.
    Judge
    -- 1 of 1 --
    Order 1
    05 Aug 2023
    Order Details: Other
    Pdf Text: 10
    05/08/2023
    SUM
    882/15 @ SJ
    98/18
    CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusal of the record and proceedings, it is found that CS No.
    1117/2018 was filed for amendment and it was allowed by the
    order dated 14.11.2022. The amendment was to be carried out
    within 14 days. Though many times the matter was adjourned and
    though more than 8 months have been elapsed after passing the
    said order, the amendment is not yet carried out. It is also
    appearing that neither plaintiff nor plaintiff’s counsel are attending
    the court. Therefore, I find no propriety to keep the matter pending
    or to adjourn the matter again.
    Hence, the suit is hereby dismissed in default and for
    non-compliance of the order.
    As the suit is dismissed, SJ No.
    98/2018 is disposed of.
    Judge
    -- 1 of 1 --

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