SUMMARY CIVIL SUIT - SUMMARY SUIT

Anisha D/o. Ajay RastogiVsAccord Builders +1 more

CNR MHCC01003987202061-COURT 61 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--CONSENT DECREE

Decision Date: 14th March 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number: 100397/2020
Registration Date: 23 Oct 2020

Advocates

For Petitioner

Ashok M. Saraogi

For Respondent

Not available

Parties

Petitioner

1Anisha D/o. Ajay Rastogi

Respondent

Acts & Sections

CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

Case History / Proceedings

Case History

Date: 01-12-2020
Business: NOB TOB
Adv. Asarf Daimondwala for deft. Present.
And he filed application for taken on board Order- Allowed.
Plaint
Vakalatnama
Memorandum of address
List of document.
Adv. For the deft. filed Vakalatnama. T.O.R. Marked as Exh-5
Plaintiff have not filed affidavit of Service hence Vakalatnama of deft. t.o.r. subject to objection of plaintiff.
Matter is already adjd to 04/01/2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Neha Pande For the plff. Present.
Matter is adjd to 05.03.2021 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-03-2021

Date: 05-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Neha Pandey for the plff. Present.
Adv. For the plff. tendered original writ of summons. t.o.r.
Order - Seen and filed.
Adv. For the plff. Tendered Draft S/J @ affidavit in support. t.o.r.
Order - leave granted to register.
Matter is adjd to 09.04.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 30.06.2021 for S/J Hearing.
Next Purpose: HEARING
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Due to Covid-19 pandemic.
Both the parties and their advocates are absent.
Matter is adjd to 25.08.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: Court is Vacant.
Matter is adjd to 11.10.2021 for hearing.
Next Purpose: HEARING
Next Hearing Date: 11-10-2021

Date: 11-10-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: None for plaintiff.
Adv Patel for defendant no. 1 and 2 present.
Matter is adjd to 05.01.2022 for SJ service.
Next Purpose: SERVICE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv Neha Pnadey for plaintiff present.
Adv Noorain for defendant present.
Adv for plaintiff filed register Chamber Summons No.49/21    along with affidavit in support. TOR.
Copy served to other side.
Matter is adjd for SJ hearing to 01.02 .2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: None present.
Matter is adjd for SJ hearing  on 07-04-2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Adv. Ms. Neha Pandey for Plaintiff present.
Adv. Mr. Noorain Patel for Defendant present.
Both the Ld. Advocates submits that there are chance of amicable settlement.  Hence, refer to matter to Lok-Adalat scheduled on 13/08/2022.
Matter adjourned to 13/08/2022 for Lok-Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter pertaining to C.R. No. 61
Adv. Shri Karan Chaudhari present alongwith Anisha Rastogi.
Adv. Shri Noorain Patel present on behalf of defendant.
On oral request of both counsels, matter adjourned before Regular Court on 30.08.2022.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv for Plaintiff present and submits that the settlement talks are going between the parties. She seeks time.
None for Defendant.
Matter adjourned to 01/10/2022 for hearing on S/J.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: As court is busy in argument in Suit No.4612 of 2010 and argument of Sessions Case No.92 of 2020. matter is adj to 21/10/2022 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: Adv.Karan Choudhary for plaintiff present and submits that settlement talks are going on there are chances for amicably settlement.
Matter is adj to 05/01/2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. for plaintiff present.
Adv. for defendant present.
Both the Ld. Advocates submits that they need time for amicable settlement.  Time granted.
Matter is adj to 10/02/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv.Neha Pandey for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Later on at 4.21pm
Plaintiff and his Adv.Neha Pandey are present.
Representative of defendant No.1 is present and his Adv.Alfiya Diamondwala are present.
Both the Ld.Advocates seeks time for settlement. Time granted.
Matter is adj to 14/03/2023 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv. for plaintiff present.
Adv. for defendant present.
Kept back for some time for consent terms.
Matter called out at 12.34pm
None for parties.
Kept back.
Matter called out at 2.52pm
Adv. for plaintiff present.
None for defendant.
Kept back.
Matter called out at 5.12pm
Mrs.Anisha Rastogi plaintiff and his Adv.Sana Khan are present.
Mr.Kirit Hirlal Mehta, defendant No.1 and his Adv.Noorain Patel i/b Diamondwala are present.
Both the parties tendered mutual consent Terms at Exh-6.
The consent terms are verified from the parties present before the court.
Plaintiff submits that matter is amicably settled in view of the terms of compromise.
In view of the same, I pass following order-
                          ORDER
1. Summary Suit No. 397 of 2020 is decreed in terms of consent terms Exh-6
2. Decree be drawn up accordingly.
3. Plaintiff entitled for refund of court fees, as per the rules.
4. Pending SJ No.49 of 2021 is also disposed of.
5. Summary Suit No. 397 of 2020 is disposed of accordingly.
Nature Of Disposal: CONSENT DECREE
Disposal Date: 14-03-2023

Additional Case Details

Filing Number: 104415/2020
Filing Date: 07-09-2020
First Hearing Date: 01st December 2020
Decision Date: 14th March 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

Final Order 1

14 Mar 2023

Order Details: Other
Pdf Text: 10
14/03/2023
SUM 397/20
SJ 49/21
Exh6
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
Adv. for plaintiff present.
Adv. for defendant present.
Kept back for some time for consent terms.
Matter called out at 12.34pm
None for parties.
Kept back.
Matter called out at 2.52pm
Adv. for plaintiff present.
None for defendant.
Kept back.
Matter called out at 5.12pm
Mrs.Anisha Rastogi plaintiff and his Adv.Sana Khan are present.
Mr.Kirit Hirlal Mehta, defendant No.1 and his Adv.Noorain Patel i/b
Diamondwala are present.
Both the parties tendered mutual consent Terms at Exh6.
The consent terms are verified from the parties present before the
court.
Plaintiff submits that matter is amicably settled in view of the terms
of compromise.
In view of the same, I pass following order
ORDER
1. Summary Suit No. 397 of 2020 is decreed in terms of consent
terms Exh6
2. Decree be drawn up accordingly.
3. Plaintiff entitled for refund of court fees, as per the rules.
4. Pending SJ No.49 of 2021 is also disposed of.
5. Summary Suit No. 397 of 2020 is disposed of accordingly.
Judge
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