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SUIT - SHORT CAUSE CIVIL SUIT

M/s. NHK Ship Management Pvt Ltd +1 moreVsRubina Hussain Kapde +6 more

CNR MHCC01003894202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 16th April 2026

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101106/2020
Registration Date
10 Sept 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 39

    Case History / Proceedings

    Case History
    Date: 01-10-2020
    Business: Adv. Mr. Prasad Sankpal for plaintiff present and filed application for extension of time period of 4 weeks to serve the notice TOR and marked as Exh-05 - Order- 4 weeks time granted as prayed.
    Adjd to 29.10.2020 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: None for plff.
    Exh. 1 Plaint
    Exh. 2 Vakalatnama of adv. of plaintiff.
    Exh. 3 Address memorandum.
    Exh. 4 List of documents.
    Adv. Roshni Takkar for defts present and has filed Vakalatnama on behalf of defts no. 1 to 6. TOR and marked as Exh.05
    Heard both side
    Adjd to 01.12.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None for plaintiff.
    Adv. Nilesh Lonkar for defendant no. 1 to 6 present.
    Adjd to 01.03.2021 for written statement of def. no. 1 to 6 and service upon def. no. 7
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Adv. Prasad Sankpal for plaintiff present.
    Adv. Nilesh Lonkar for defendant no. 1 to 6 present.
    On oral request of Ld. Adv. for def. no. 1 to 6. adjournment granted as last chance.
    Adjd to 21.06.2021 for written statement of def. no. 1 to 6 and service upon def. no. 7.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 06.09.2021 for W/S.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plaintiff.
    Adv. Rachana Karad I/b Juris partners For defendant No. 1 to 7 present and stated that defendant No. 3 has expired and requested for adjournment to file written statement. Adjournment granted to file Written statement provided it is filed within limitation as per Order VIII Rule 1 of CPC
    Matter is adjourned to 23/11/2021
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Rahul Chauhan For plaintiff present.
    Adv. Rachana Karad For defendant No. 1 to 7 present.
    Adv. For defendant has given the copy of death certificate of deft No. 3 to adv. For plaintiff.
    Adjd for No Written statement order of defendant No. 1,2 and 4 to 7 and abatement of suit against defendant No. 3  to  10/02/2022
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 10-02-2022
    
    Date: 10-02-2022
    Business: At 11.34 am
    Adv. Rajani Thorat For plaintiff present.
    None for defendant.
    Adv. For plaintiff tendered draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
    Adv. For plaintiff stated that defendant No. 1 to 6 have filed vakalatnama as per roznama dt. 29.10.2020.
    Adv. For plaintiff stated that as per roznama dt. 27.11.2021 the appearance is on behalf of deft No. 1 to 7. However of perusal of Vakalatnama Exh.5 filed by defendant is only for defendant No. 1 to 6. The deft No. 7 has Not signed the said vakalatnama. Therefore the appearance of defendant NO. 7 cannot be said to be on basis of appearance as stated in roznama dt. 23.11.2021. The defendant No. 7 has not appeared till date nor plaintiffs have filed affidavit of service of writ of summons to defendant No. 7. Plaintiff to comply and file affidavit of service.
    Adjd for compliance to serve defendant No. 7/file affidavit of service to 26/04/2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Dt.26/04/2022
    Suit 1106/20
    Cs 300/22
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Plaintiff no.2 present.
    Adv. Pramod Londhe For defendant No. 1 to 6 present.
    Adv. For defendant No. 1 to 6 tendered draft notice of motion along with affidavit in support. O- Leave granted to register notice of motion.
    Adv. For defendant No. 1 to 6 tendered written statement of defendant No. 1, 2 and 4. T.O.R for consideration only.
    Adv. For plaintiff present.
    Affidavit of service filed by adv. For plaintiff. T.O.R.
    Adv. For plaintiff tendered registered Chamber summons No. 300/22 along with affidavit in support. T.O.R.
    Adjd for reply to NM of defendant/chamber summons of plaintiff to 26/07/2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv.  Mayuresh Pawar for plaintiff present.
    Adv. Pramod Londhe for defendants no. 1,2 and 4 to 6 present  and filed registered NM No. 2297/22 with supporting affidavit. t.o.r.
    Matter is adjd.to 14-09-2022 for C/S and NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Adv. Mayuresh Pawar for plaintiff present.
    Adv Pramod Londe for defendants no.1,2 and 4 to 6 present.
    Defendant no. 3 expired on 14-06-2022 as per death certificate annexed with affidavit in support. As cause of action survives for contesting the matter against other defts even after death of  deft. no. 3 and there are no Lrs of deft. no. 3. Hence, C/S No.  300/22 is made absolute in terms of prayer clause (a).
    The plaintiff is directed carried out amendment within 15 days.  The proceeding of C/S No.  300/22 is closed.
    Apparently, there is delay in filing written statement by defendants no. 1,2 and 4 to 6, but considering extension of limitation period as per directions in SUO MOTO writ petition (civil) No. 3/2020 dtd. 10-01-2022given by Hon\''ble Supreme  Court and date of service i.e. 22-04-2022, NM No.  2297/22 is made absolute in terms of prayer clause (a).  Written statement  of defendants no. 1,2 and 4 to 6 is marked as Exh.6  The proceeding of NM No.  2297/22 is closed.
    Matter is adjd.to 16-11-2022 for  compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Adv. A. K. Chauhan for plaintiff present.
    None for defendants no. 1,2 and 4 to 6
    On request of Adv. A. K. Chauhan, time is extended for carrying out amendment as per order in C/S No.  300/22 dtd. 14-09-2022 till next date.
    Matter is adjd.to 20-01-2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Adv. Prashant Kayande for plaintiff present and filed vakalatnama t.o.r. marked as Exh.7
    Adv. Nilesh Lonkar  for defendants no. 1,2 and 4 to 6 present.
    Affidavit of service is not filed in the matter.
    Hence, Plaintiff is directed to issue writ of summons to defendant no. 7
    Matter is adjd.to 21-03-2023 for  writ of summons to defendant no. 7
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: None for plaintiff.
    Adv. Pravin Nikharge for defts. no. 1,2 and 4 to 6 present.
    None for other defendants
    LO at 12.00 pm.
    Adv. Prashant Kayande for plaintiff present.
    Matter is adjd.to 12-07-2023 for writ of summons to deft no. 7.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-07-2023
    
    Date: 12-07-2023
    Business: Adv.  S. P. Kayande for plaintiff present.
    Adv.  Pankaj Shinde for defendant no. 1, 2 and 4 to 6 present.
    Matter adjourned for WS to 04/10/2023.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. S. P. Kayande For plaintiff present.
    Adv. Nilesh Lonkar  for defendant no. 1, 2, 4 to 6 present.
    Tge defendant no. 7 duly served writ of summons long back but failed to appear in the matter, so suit to proceed ex-parte against defendant no. 7.
    Matter adjourned for hearing on framing of issues to 13/12/2023.
    Next Purpose: HEARING
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: Adv. S. P. Kayande for plaintiff present and submitted that plaintiff has not received copy of WS filed by the defendant. Thus defendants are directed to comply the same.
    None For defendant present.
    Matter adjourned for compliance/ hearing to 08/03/2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-03-2024
    
    Date: 08-03-2024
    Business: Matter is kept on 11.03.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: Court is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Court is on Leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: None for plaintiff present.
    Adv. Pramod Londhe for defendants No. 1, 2 and 4 to 6 present.
    None for others Defendant present.
    Matter stands adjourned on 15/10/2024 for  frmaing issues.
    L. O. at 11.45 AM.
    Adv. Prashan Kayande for plaintiff present.
    Matter already adjourned to 15/10/2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 17.12.2024 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Adv. Prashant Kayande for plaintiff present and filed draft issues. Seen. Taken on record.
    None for defendant present.
    Matter stands adjourned on 10/02/2025 for hearing on draft issues.
    Next Purpose: HEARING ON PRELMINARY ISSUE
    Next Hearing Date: 10-02-2025
    
    Date: 10-02-2025
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 15/03/2025 for hearing on draft issues.
    Next Purpose: HEARING ON PRELMINARY ISSUE
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 05/05/2025 for hearing on draft issues.
    Later on.
    Adv. Sunanda Kayande for plaintiff present.
    Next Purpose: HEARING ON PRELMINARY ISSUE
    Next Hearing Date: 05-05-2025
    
    Date: 05-05-2025
    Business: Adv. Sunanda Koyande for plaintiff present.
    Adv. Mahi Pawar for defendant present.
    Matter stands adjourned on 14/07/2025 for hearing on draft issues.
    Next Purpose: HEARING ON PRELMINARY ISSUE
    Next Hearing Date: 14-07-2025
    
    Date: 14-07-2025
    Business: P.O.is on Leave.
    Next Purpose: HEARING ON PRELMINARY ISSUE
    Next Hearing Date: 10-09-2025
    
    Date: 10-09-2025
    Business: None for plaintiff present.
    Adv. Pramod Londe for defendant no. 1,2 and 4 to 6 present.
    None for other defendants.
    Matter stands adjourned on 16.10.2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-10-2025
    
    Date: 16-10-2025
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 01/12/2025 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 01-12-2025
    
    Date: 01-12-2025
    Business: Adv.  Sunanda Kayande along with plaintiff present.
    Adv. Siddhant Chaskar for defendant No.1, 2, 4, 5 and 6 present.
    None for other defendant present.
    Form for keeping matter in lokadalat fill up by respective parties. The parties are made aware about the oncoming date of lokadalat which is going to be held on 13/12/2025 in City Civil Court Mumbai.
    O-Put up before lokadalat to be held on 13/12/2025 in city civil court.
    Matter stands adjourned on 13/12/2025 for lokadalat/ recording evidence.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-12-2025
    
    Date: 13-12-2025
    Business: National Lok Adalat is held on 13th December, 2025 (Panel No.9)
    (Matter pertains to CR No.65)
    Plaintiff absent.
    Defendant absent.
    Advocate Sunanda Kayande for plaintiff present.
    Matter is adjourned to 22.01.2026.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-01-2026
    
    Date: 22-01-2026
    Business: None for plaintiff present.
    Adv. Nikita Butty for defendant No.1 present.
    None for other defendant present.
    Keep Back.
    Later on.
    None for plaintiff present.
    Adv. Nikita Butty for defendant No.1 present.
    None for other defendant present.
    Matter stands adjourned on 23/03/2026 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-02-2026
    
    Date: 18-02-2026
    Business: NOT ON BOARD TAKEN ON BOARD
    None for plaintiff.
    None for defendant.
    There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 14.03.2026 for amicable settlement.
    Notice be issued to both the parties for appearing before
    lok-adalat.
    Matter is adjourned to 14.03.2026 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 14-03-2026
    
    Date: 14-03-2026
    Business: NATIONAL LOK-ADALAT HELD ON 14/03/2026
    (Panel No.2)
    None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 08.04.2026 for framing issues
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 08-04-2026
    
    Date: 08-04-2026
    Business: P. O. is on leave.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 16-04-2026
    
    Date: 16-04-2026
    Business: Adv.  S P Kayande for plaintiff present.
    Adv.Nikita Butty for defendant  1, 2, 4, 5 and  present.
    Adv. For plaintiff submitted that plaintiff is on their way and they wish to withdraw the suit on her request matter is kept back
    Later on at 12.10 pm.
    Adv. for plaintiff present
    Adv. Nikita Bukti for defendant No  present.
    Adv. for plaintiff filed application for withdrawan of suit TOR. Marked as Exh-8
    Advocate for defendant filed say on Exh-8.
    Order below Exh-8
    ORDER
    1.The present application below Exhibit No.8 in Short Cause Suit No.1106 of 2020 is allowed.
    2. Plaintiffs are permitted to withdraw the suit unconditionally.
    3. Necessary order will be passed below Exhibit No.1.
    4. The present application below Exhibit No.8 in Short Cause Suit No.881 of 2013 is disposed of accordingly.
    Order Below Exh-1
    ORDER
    1. The present Short Cause Suit No.1106 of 2020 is disposed of as withdrawn unconditionally.
    2. Court fee shall be refunded to the plaintiffs as per rules.
    3. Proceeding of Short Cause Suit No.1106 of 2020 is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 16-04-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104340/2020
    Filing Date: 31-08-2020
    First Hearing Date: 01st October 2020
    Decision Date: 16th April 2026
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    16 Apr 2026

    Order Details: Other Pdf Text: OBE No. 1 in SU 1106 of 2020 1 MHCC010038942020 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY ORDER BELOW EXHIBIT NO.1 IN S. C. SUIT NO. 1106 OF 2020 M/s. NHK Management Pvt. Ltd. & Anr. ]... Plaintiffs Versus Rubina Hussain Kapde & Ors. ]... Defendants Appearance :- Ld. Advocate S. P. Kayande for Plaintiffs. Plaintiff No.2 in person. Ld. Advocate Nikit Butty for Defendant Nos. 1, 2 & 4 to 6. CORAM…

    Read Full Order
    Final Order 1Full order available
    16 Apr 2026

    Order Details: Other Pdf Text: OBE No. 8 in SU 1106 of 2020 1 MHCC010038942020 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY ORDER BELOW EXHIBIT NO.8 IN S. C. SUIT NO. 1106 OF 2020 M/s. NHK Management Pvt. Ltd. & Anr. ]... Plaintiffs Versus Rubina Hussain Kapde & Ors. ]... Defendants Appearance :- Ld. Advocate S. P. Kayande for Plaintiffs. Plaintiff No.2 in person. Ld. Advocate Nikita Butty for Defendant Nos. 1, 2 & 4 to 6. CORAM…

    Read Full Order

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