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CHAMBER SUMMONS

Junot Chagas Pereira and Ors- Applicant-ITC Ltd. ITCVsOmprakash Navani and Ors.

CNR MHCC01003781201913-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 23rd February 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100747/2019
Registration Date
04 Apr 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-04-2019
    Business: Adv. Mr. Chirag Mode for Plaintiff present.
    Adv. Ms. Sonam Ghiya for Defendant no.3 present.
    Adv. Mr. C.Bharuch applicant in Ch/s tendered registered Ch/s no. 747/19 alongwith affidavit of service.
    Mr. Vitthal Dudhani reference of Court receiver, High Court, Bombay is present.
    Matter is adjd. for reply on Ch/s on 19.06.2019.
    LO
    Adv. Mr. S.J.Khera for deft no.6 present.
    draft Ch/s tendered by deft no.6.
    O- leave is granted for registration.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Adv. Ms. Saloni Shah for Plaintiff no. 3 present.
    Adv. Ms. Sonal Ghiya for Defendant no.3 present.
    Adv. Mr. Bharucha for Intervener present.
    Adv. Mr. S.J. Khera for deft no. 6 and respondent no.1 to 3 present.
    Adv. Mr. Pradip Vora representative of deft no.1 present.
    Mr. Vitthal Dudhani, reference of Court receiver, High Court, Bombay is present.
    Adv. Ms. Ghiya for deft no.3 submits that deft no.3 is not going to file reply on Ch/s no. 747/19, accordingly endorsement is given.
    Parties to appear before to mediator on 26.06.2019.
    Parties are consented for mediation.
    Matter is adjd.for Ch/s reply on 16.07.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Court is on Leave
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Ms. Saloni Shah for plaintiff, prayed for adjd as terms of settlement are send to plff. and yet to receive the confirmation.
    Adv. Mr. C. Bharucha, applicant in Ch/s no.747/19
    Adv. Ms. Sanam Ghioa for defendant no.3 present.
    Mr. Pradip Vora, representative deft no.1 and 2 present.
    Adv. Mr. S.J. Khera for deft no.6 and respondent no.1 to 3
    present.
    Mr. Vitthal Dudhani representative of Court receiver, High
    Court, Bombay.
    Plff to note suit is 18 years old.  Hence, longer date is given
    as a last chance to finalize settlement.
    Matter is adjd. for ch/s reply on 04.11.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Adv. Mr. Chirag Modi for plaintiff present.
    Adv. Mr. Rohit Lalwani a/w adv. Ms. Reema Rajdev for Applicant in Ch/s no. 747/19.
    Adv. Ms. Zinal Wani for deft no.3 present.
    Adv. Mr. Khera for deft nos. 6 and respondent nos. 1 to 3 present.
    It is notice that Exh.4 has been argued by both side and it was awaiting for order. Accordingly, roznama is corrected.
    Matter is adjd. for Order on Exh.4 and reply on NM and
    Ch/s on 15.11.2019.
    Next Purpose: ORDER
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Next Purpose: ORDER
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Adv. Mr. Chirag Modi for plaintiff present.
    Adv. Mr. Rohit Lalwani a/w adv. Ms. Reema Rajdev for Applicant in Ch/s no. 747/19.
    Adv. Ms. Jinal Wani for deft no.3 present.
    Adv. Mr. Khera for deft nos. 6 and respondent nos. 1 to 3 present.
    Mr. Pradeep Vora Representative of Defendant No. 1 and 2 present.
    Adjd for arguments to 17/02/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Advocate for intervenor present.
    None for plaintiff.
    Advocate Jinal Vani I/b M/s Jhangiani Narula and Associates for defendant no. 3 present.
    Advocate Nishit Patel for defendant no.1 and 2 present and filed pursis.  t.o.r.
    The plaintiff is directed to proceed on next date failing which the ch/s, N/M and Exh-4 will be heard and decided without argument of the plaintiffs.
    Adj for Argument to 06/03/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Saloni Shah for plaintiff present.
    Adv. Mahendra Ghelani I/b Law charter for defendant No. 1and 2 present.
    Adv. Rohit Lalwani for applicant present.
    Adv. Jinal Vani I/b Jhangiani Narula and Associates for Respondent No. 3 present.
    Adv. for defendant No. 6 present.
    Adjd for arguments to 02/05/2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-05-2020
    
    Date: 02-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-05-2020
    
    Date: 22-05-2020
    Business: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Business: Due to lockdown, board is discharged.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Business: Adv. Bharucha for intervener present.
    Matter adjd. to 07/12/2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: None for plaintiff.
    Pradeep Vora - Representative of defendant no.1 and 2 present.
    Adv Salik Khan with Adv Nishit Patel for defendant no.1 and 2 present.
    Adv. S.J. Khera for defendant no.6 in HC NM no. 3503/2011, for defendant no.6 in HC CS No. 892/2019, for respondent no. 1 to 3 in HC CS no. 1442/2011 and for Mark Haven Tenants Association in Court Receivers Report 59/2019 submitted before this court is present.
    Ld Adv S.J. Khera submits that today matter is for re-argument of Ex.04 filed for recalling the order dated 28-11-2015.
    The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for hearing on application Ex.04 to 23-02-2021.
    Next Purpose: HEARING
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: None for plaintiff.
    Adv Ashwini Sonawane for respondent no.1 in CS 747 of 19 present.
    Adv. Nishit Patel I/b Law charter for defendant no.1 and 2 present.
    Adv. Jinal Vani for defendant no.3 present.
    Adv Dharini Nagada h/f S.J. Khera for defendant no.6 in NM no. 3503 of 2011, for applicant in CS no. 892 of 2019, for respondent 1 to 3 in CS 1442 of 11, respondent no. 1 to 3 in NM no. 1540 of 11 present.
    By consent, matter adjd for hearing on Ex.04 to 27-04-2021.
    L.O. at 3.40 pm
    Adv Saloni Shah for plaintiff present.
    By consent, matter adjd for hearing on Ex.04 to 27-04-2021.
    Next Purpose: HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Matter adjd for Hearing to 10.07.2021.
    Next Purpose: HEARING
    Next Hearing Date: 10-07-2021
    
    Date: 10-07-2021
    Business: P.O. is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: Adv. Saloni Shah for plaintiff present.
    Adv. Nishit Patel I/b Law Charter for defendant nos. 1 and 2 present.
    Ld adv for plaintiff sought time as senior counsel is not available.
    Matter adjd for hearing on Ex.04 to 22-10-2021.
    L.O. at 3.02 pm
    Adv S.J. Kher for defendant no.6 and respondent nos. 1 to 3 present.
    Matter adjd for hearing on Ex.04 to 22-10-2021.
    Next Purpose: HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: NOBTOB
    Ex.09   Court receiver report t.o.r. O- Seen.
    Matter already adjd for hearing on Ex.04 to 22-10-2021.
    Next Purpose: HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv. Saloni Shah for plaintiff present.
    Representative of defendant no. 1 and 2.
    defendant advocate absent.
    Ex. 10 application filed by representative defendant no. 1 and 2.
    O-Seen.
    Matter adjd for CS and Nm hearing to 13.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 22-10-2021
    Business: Adv. Saloni Shah for plaintiff present.
    Representative of defendant no. 1 and 2.
    defendant advocate absent.
    Ex. 10 application filed by representative defendant no. 1 and 2.
    O-Seen.
    Matter adjd for CS and Nm hearing to 13.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 22-10-2021
    Business: Adv. Saloni Shah for plaintiff present.
    Representative of defendant no. 1 and 2.
    defendant advocate absent.
    Ex. 10 application filed by representative defendant no. 1 and 2.
    O-Seen.
    Matter adjd for CS and Nm hearing to 13.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 22-10-2021
    Business: Adv. Saloni Shah for plaintiff present.
    Representative of defendant no. 1 and 2.
    defendant advocate absent.
    Ex. 10 application filed by representative defendant no. 1 and 2.
    O-Seen.
    Matter adjd for CS and Nm hearing to 13.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None present for plaintiff.
    Adv. Sonam for defendant No.3  present.
    Later on at 02.58 pm
    Adv. Saloni Shah for plaintiff present.
    Adv. Ashwini Sonawane for applicant in CS No.747/19 present.
    Matter Adjd for Hearing on Exh.04 on 02/02/2022.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None for plaintiff and defendant present.
    High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
    Heard Court Receiver on Exh.09.
    Matter Adjd for order on Exh.09 on 23/02/2022.
    Next Purpose: ORDER
    Next Hearing Date: 23-02-2022
    
    Date: 02-02-2022
    Business: None for plaintiff and defendant present.
    High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
    Heard Court Receiver on Exh.09.
    Matter Adjd for order on Exh.09 on 23/02/2022.
    Next Purpose: ORDER
    Next Hearing Date: 23-02-2022
    
    Date: 02-02-2022
    Business: None for plaintiff and defendant present.
    High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
    Heard Court Receiver on Exh.09.
    Matter Adjd for order on Exh.09 on 23/02/2022.
    Next Purpose: ORDER
    Next Hearing Date: 23-02-2022
    
    Date: 02-02-2022
    Business: None for plaintiff and defendant present.
    High Court Receiver Mrs. Meera Khaire and Mrs. Ujwala Sankpal present.
    Heard Court Receiver on Exh.09.
    Matter Adjd for order on Exh.09 on 23/02/2022.
    Next Purpose: ORDER
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Mr. Laxman Madgundi representative of court receiver present.
    Adv. Nishit Patel for defendant No.1 and 2 present.
    Adv. Hilla Boatwalla for applicant in CS No.747/19.
    Later on at 03.30 pm.
    Adv. Saloni Shah for plaintiff present.
    Adv. S. J. Khera for defendant No.6 and respondent No.1 to 3 High Court NM.
    Ld. Adv. for defendant No.6 submitted that, the court receiver report has not been served to him.
    The representative of court receiver had shown the copy of the email served to defendant No.6.
    Ld. Adv. for applicant in CS No.747/19 not pressed the CS. O-Filed as not pressed.
    Order below Chamber Summons No.747 of 2019
    1. The CS No.747 of 2019 is disposed as accordingly
    2. No order as to costs.
    F.R.S.R. following order below Exhibit 09 in
    S.C. Suit No.7609 of 2001 is passed-
    1. Application Exh.09 is allowed.
    2. M/s. Liz Investment Private Limited, Agent of Court Receiver, High Court, Bombay is directed to deposit the entire arrears of Royalty amounting to Rs.1,36,76,000/- towards the arrears of royalty for the period from July, 2019 to August, 2021 at the rate of Rs.5,26,000/- per month alongwith late fees as per rules within 3 months of this order.
    3. On failure of depositing the arrears, the Court Receiver, High Court, Bombay is at liberty to take back possession of subject property from M/s. Liz Investment Private Limited as per rules.
    4. Costs for this application shall be in cause.
    Matter Adjd for hearing on 18/04/2022.
    Nature Of Disposal: OTHER
    Disposal Date: 23-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104136/2019
    Filing Date: 04-04-2019
    First Hearing Date: 16th April 2019
    Decision Date: 23rd February 2022
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Feb 2022

    Order Details: Chamber summons Pdf Text: IN THE COURT OF :COURT 13 ASSISTANT SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0100747/2019 Junot Chagas Pereira and Ors- Applicant-ITC Ltd. ITC Vs Omprakash Navani and Ors. Date : 23-02-2022 Business : Mr. Laxman Madgundi representative of court receiver present. Adv. Nishit Patel for defendant No.1 and 2 present. Adv. Hilla Boatwalla for applicant in CS No.747/19. Later on at 03.30 pm. Adv. Saloni Shah for plaintiff present. Adv. S. J. Khera for defendant No.6…

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