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CHAMBER SUMMONS

Motisons Securities Pvt Ltd And OrsVsR. B. Jhunjhunwala And Ors

CNR MHCC0100380420194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd March 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100751/2019
Registration Date
04 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Motisons Securities Pvt Ltd And Ors

    Respondent

    1. 1R. B. Jhunjhunwala And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-04-2019
Business: Adv. Pankaj Shah for plaintiff present.
Adv. Gaikwad for defendant present and filed vakalatnama for defendant 1A. t.o.r.
Adv for plaintiff filed original chamber summons No. 751/19.
Adjd for recording evidence to 11/06/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-07-2019

Date: 01-07-2019
Business: Adv. Prashant D. Jadhav for plaintiff present.
Defendant Mr. Omprakash Jhunjhunwala  present.
Defendant stated that the legal heir of wife of deceased deft is 78 years old.
As per office order No. 66 of 2019 the suits relating to differently abled person, senior citizen and marginalized sections of the society for speedy disposal, special court is designated and the suits are re-assigned to Court Room No. 9 hence transferred.
Adjd for recording evidence to 30/07/2019.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Reason For Adjournment: court time is over
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: Matter called out(2.49pm)
None present.
Matter adj for evidence on 05/10/19.
Later on at 3.59pm
Adv.Gaikwad for defendant no.1(a) present.
Adv.Mhaispurke for defendant no.15 present.
Defendants made statement that they are not serve with the copy of C/S No.751/19.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-10-2019

Date: 05-10-2019
Business: Matter called out(2.50pm)
Adv.Archana Shelar i/b Adv.Prashant Jadhav for plaintiff present.
Adv.R.N.Gaikwad for defendant no.1(a) present.
Adv.Archana Shelar i/b Adv.Prashant Jadhav filed vakalatnama. Exh-57.
Plaintiff advocate undertake to file NOC of earlier advocate. Time granted. Plaintiff to file service affidavit of C/S No.751/19. On or before next date. In the event plaintiff failed to take appropriate steps on or before next date the C/S No.751/19 will be dismissed without reference to the court.
At the request of plaintiff advocate.
Matter is adj to 02/11/19 for evidence
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: Matter is called out at 2.50 pm
Adv.Prashant Jadhav for plaintiff present, plaintiff fail to filed affidavit of service in respect of other LRs of defendant No.1. This court granted sufficient time the plaintiff. On last occasion a conditional order was passed. Looking to the fact that matter pertains to the year 1997.  Adjournment can be granted  subject to payment of  cost of Rs. 2000/-  DLSA.
Adv.R.N.Gaikwad for defendant present he filed V/P on behalf of proposed defendant No. 1 (c),(d),(e) t.o.r.Exh-58,59,60
Matter is adj for Say to 06.12.2019.
Next Purpose: FILING SAY
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Matter called out(3.03pm)
None present for plaintiff.
Adv.Gaikwad for defendant no.1(a),1(c) to 1(e)present.
Adv.D.S.Mhaisparkar for defendant no.15 present he inform that he has not been serve with the C/S.
Matter is adj to 31/01/2020 for filing say.
Next Purpose: FILING SAY
Next Hearing Date: 31-01-2020

Date: 31-01-2020
Business: Matter is called out at 3.08pm
Adv.Amol Suryawanshi i/b Prashant Jadhav for plaintiff present.
Adv.Gaikwad for defendant no.1(a),1(c) to 1(e) present.
Plaintiff filed service affidavit.(Exh-61)  T.O.R
The affidavit shows that defendant no.1(a) is duly serve and 1(b) has left the premises.
Adv. for defendant filed affidavit in reply to the C/S No.751/19.T.O.R
Copy serve to the other side.
Plaintiff seeking permission to serve def.no.1(b) by private service. Order-Granted.
Matter is adj to 07/03/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Court is busy hearing on C/S No.1695/19 in SU 264/83.
Adv.Amol S.Suryawanshi i/b Adv.Prashant Jadhav for plaintiff present.
Adv.Gaikwad for proposed defendant no.1(a), 1(c) to 1(e) present.
Matter is adj to 28/03/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: SERVICE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: SERVICE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: SERVICE
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Business: In view of the Standard Operating Procedure laid down by Honble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: SERVICE
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: SERVICE
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Baburao Jadhav for plaintiff present and tendered affidavit of service.  TOR and marked at Exh. 62.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 15.02.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: None for plaintiff.
Adv. Gaikwad for def. no. 1(a), 1 (c), 1 (e) present.
Def. no. 1(b) has failed to file reply to Ch/s despite service.  Hence Ch/s will be heard without reply to Def. no. 1(b).
Adjd to 02.03.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: None for plaintiff.
Adv. Gaikwad for def. no. 1(a) 1(c) to 1(e) present.
Order on Ch/s no. 751/19
           By instant Ch/s the plaintiff has prayed to delete name of deceased def. no. 1 from the plaint and add proposed defendants no. 1 (a) to 1(e) in place of deceased def. no. 1.  The proposed defendant no. 1(a) has filed reply and objected the Ch/s on the ground of delay of 198 days.  In the affidavit in support of the Ch/s it is stated that the delay is caused due to communication on the part of def. no. 1 and the proposed defendants failed to give death certificate of defendant no. 1 to plaintiff within time. Considering above aspect the delay can be condoned.  hence following order -
1.  The Chamber summons No. 751/19 is made absolute in terms of prayer clause (a) and (b).
2.  The plaint be amended accordingly and copy of amended plaint be served to newly added defendants no. 1 (a) to 1(e) before next date.
Adjd to 15.04.2021 for compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 02-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104137/2019
Filing Date: 04-04-2019
First Hearing Date: 10th April 2019
Decision Date: 02nd March 2021
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Mar 2021
    Order Details: Chamber summons
Pdf Text: Order on Ch/s no. 751/19
By instant Ch/s the plaintiff has prayed to delete name of deceased def.
no. 1 from the plaint and add proposed defendants no. 1 (a) to 1(e) in place of
deceased def. no. 1. The proposed defendant no. 1(a) has filed reply and objected
the Ch/s on the ground of delay of 198 days. In the affidavit in support of the Ch/s
it is stated that the delay is caused due to communication on the part of def. no. 1
and the proposed defendants failed to give death certificate of defendant no. 1 to
plaintiff within time. Considering above aspect the delay can be condoned. Hence
following order :
1. The Chamber summons No. 751/19 is made absolute in terms of prayer clause
(a) and (b).
2. The plaint be amended accordingly and copy of amended plaint be served to
newly added defendants no. 1 (a) to 1(e) before next date.
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