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SUMMARY CIVIL SUIT - SUMMARY SUIT

Chetana Book DepotVsMr. JayabalanE +1 more

CNR MHCC01003969201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 17th February 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100556/2019
Registration Date
03 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Chetana Book Depot

    Respondent

    1. 1Mr. JayabalanE
    2. 2Shri Suriya Nursery and Primary School

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 29-07-2019
Business: Court is on leave. Adjd to 04/11/2019
Next Purpose: REPORT
Next Hearing Date: 04-11-2019

Date: 04-11-2019
Business: matter is shown on holiday
Next Purpose: FOR___________________
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Hetal Vakil for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 28.04.2020 for Report.
Next Purpose: REPORT
Next Hearing Date: 28-04-2020

Date: 28-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 19-05-2020

Date: 19-05-2020
Business: Due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 18.02.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 18-02-2021

Date: 18-02-2021

Date: 07-04-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 09.07.2021  for Report
Next Purpose: REPORT
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 06.09.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None present.
Matter is adjd for report to 22.03.2022
Next Purpose: REPORT
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: PO is on training.  Hence, matter adj. to
Next Purpose: REPORT
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Advocate Ms. Hetal Vakil for plaintiff present.
Representative of plaintiff present.
None for defendant.
Advocate for plaintiff request for short time to traced new address of defendant and to serve them. As per the request of plaintiff. Matter is adjd. to 13-07-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: Adv. Ms. Hetal Vakil for Plaintiff present and filed an application for re-issuance of fresh Writ of Summons.  t.o.r. and marked as Exhibit-7.
On perusal of Plaint it appears that the Plaintiff has not provided the full name of Defendant No. 1 and the full address of Defendant No. 2.  Plaintiff to supply proper address by next date.
Matter adjourned to 24/09/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-09-2022

Date: 24-09-2022
Business: As per Office Order No.169 of 2022, dated 08.08.2022, holiday is declared.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None for plaintiff.
Matter is pending for service affidavit/steps since 2019.  It appears that plaintiff is not serious enough to take proper steps and file affidavit of service.  Hence, keep the matter for dismissal order.
Matter is adj to 04/02/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: Adv.Jay Yadav for plaintiff present.   He seeks time to take instruction regarding correct and complete address of defendant. Time granted as a last chance.
Matter is adj to 25/04/2023 for steps/dismissal.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Hetal Vakil for plaintiff present.
None for defendant.
Matter is adj to 25/07/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in recording evidence in Sum. Suit No. 96/15, remaining morning board is discharged.
Parties are at liberty to tender affidavits, reply, application etc, if any.
Matter is adj to 12.01.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-01-2024

Date: 12-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Hetal Vakil i/b M/s J. R. Vakil and Associates for plaintiff is present and requested for adjournment to take steps.
Matter is adj to 08.02.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b Adv. J. R. Vakil for plaintiff is present and requested for adjournment for taking steps. On perusing roznama, it appears that matte is pending for steps since 16.06.2022. The matter is adjourned as last chance, subject to costs of Rs.2,000/- payable to DLSA within 15 days from the date of order.
Matter is adj to 12.04.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b M/s J. R. Vakil for plaintiff is present and filed pursis about payment of costs of Rs.2,000/-. Taken on record. It is marked as Exh-8.
The defendant and his counsel are absent.
Matter is adj to 19.06.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b Adv. J. R. akil for plaintiff is present and requested for adjournment. Adjournment is granted as a last chance.
Matter is adj to  05.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta h/f Adv. J. R. Vakil for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 12.41 pm
Adv. Jitendra Gupta h/f Adv. J. R. Vakil for plaintiff is present and requested for adjournment for taking steps. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 19.09.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta h/f J. R. Vakil and Associates for plaintiff is present and filed application for substitute service through whats app along with affidavit. Taken on record. It is marked as Exh-9. O-Keep it for hearing.
Matter is adj to 09.10.2024 for hearing on Exh-9.
Next Purpose: HEARING
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil and Co. for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 27.11.2024 for hearing.
Next Purpose: HEARING
Next Hearing Date: 27-11-2024

Date: 27-11-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Jitendra Gupta i/b J. R. Vakil and Associates for plaintiff is present and requested for adjournment. Adjournment is granted.
Matter is adj to 13.01.2025 for hearing on Exh-9.
Next Purpose: HEARING
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 17-02-2025

Date: 17-02-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Shaji John, representative of plaintiff is present
Keep back.
Later on at 12.12 pm
Mr. Shaji John, representative of plaintiff is present
Adv. Jitendra Gupta h/f J. R. Vakil and Associates for plaintiff is present and filed withdrawal application. Taken on record. It is marked as Exh-10.
Order below Exh-1 and 10
The counsel for plaintiff has filed an application below     Exh-10 for withdrawal of summary suit. Representative of plaintiff and his advocate are present. Representative of plaintiff submitted that defendant is absconding.  Therefore, plaintiff does not want to proceed with the matter.
In view of the submissions of representative of plaintiff and his advocate as well as contents in the application for withdrawal of the suit at Exh-10, the suit No. 556 of 2019 is hereby stands disposed of, as withdrawn unconditionally.
The plaintiff may be entitled to refund of court fees, if provided for in the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 17-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 104176/2019
Filing Date: 04-04-2019
First Hearing Date: 29th July 2019
Decision Date: 17th February 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Feb 2025
    Order Details: Other
Pdf Text: 18
17/02/2025
SUM
556/19
Exh-10
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Mr. Shaji John, representative of plaintiff is present
Keep back.
Later on at 12.12 pm
Mr. Shaji John, representative of plaintiff is present
Adv. Jitendra Gupta h/f J. R. Vakil and Associates for plaintiff is
present and filed withdrawal application. Taken on record. It is
marked as Exh-10.
Order below Exh-1 and 10
The counsel for plaintiff has filed an application below
Exh-10 for withdrawal of summary suit. Representative of
plaintiff and his advocate are present. Representative of
plaintiff submitted that defendant is absconding. Therefore,
plaintiff does not want to proceed with the matter.
In view of the submissions of representative of plaintiff and
his advocate as well as contents in the application for
withdrawal of the suit at Exh-10, the suit No. 556 of 2019 is
hereby stands disposed of, as withdrawn unconditionally.
The plaintiff may be entitled to refund of court fees, if
provided for in the rules.
Judge
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