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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Gutka Food and Nut ImportersVsM/s. Ahuja Properties and Associates and Ors.

CNR MHCC01004611201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 12th June 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100135/2019
Registration Date
25 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-07-2019
    Business: matte adjd on 23/7/2019
    Reason For Adjournment: court time is over
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv. Disha Vardhan for plaintiff present..
    None for defendant.
    Learned Counsel has submitted that defendant has not  complied with order passed in ch/s no 500/2019.
    Therefore last chance is given to defendant to comply with the order dated 26/3/2019 or else matter will be proceed against them.
    Adjd for compliance/ SJ hearing 3/09/2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Adv. Disha Vardan for plaintiff present.
    Adv. Madhukar Mule for deft present.
    Cost of Rs. 300/- paid by adv. for deft to adv. for plaintiff.
    Adjd. to 23.10.2019 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. Isha Vardhan for plaintiff present.
    Representative of deft present. Adv. absent.
    SJ to proceed without reply.
    Adjd. for filing original documents to 06.01.2020
    Next Purpose: FOR___________________
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Adv. Vardhan for plaintiff.
    Adjd to 04.02.2020 for Filing of Original documents.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Priti Gada for plaintiff filed
    Exh.5- List of documents @ documents
    Adjd for filing Claim affidavit to 24-02-2020
    Next Purpose: FOR___________________
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Plaintiff present. Adv. Priti gada for plaintiff
    Exh.7- Adv. Madhukar Mule filed vakalatnama for defendant No.1 to 3. t.o.r.
    Adv. for plaintiff filed
    Exh.8- Evidence affidavit
    Exh.9- List of documents
    Exh.10- Affidavit regarding documents filed in evidence
    Adv. for defendant filed Draft NM @ affidavit. Leave granted to register. Copy be served to other side at least 15 days in advance of the next date.
    Adjd for compliance of registration and service of NM to  16-06-2020
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Business: None present. Due to Covid 19 matter adjd.to 24/11/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Representative of plaintiff present filed reply to NM 1802/20.
    Adv. Mule for defendant filed registered NM 1802/20 @ affidavit. t.o.r.
    Adv for defendant also filed reply to SJ 135/19. Kept in record.
    Adjd to 24-06-2021 NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: None for plaintiff.
    Adv. Ms. Pasi for defendant present.
    KB LO
    Adv. Ms. Sonal Darbar for plaintiff present.
    Adv. Mr. Mule for defendant present.
    Heard argument both sides.
    Matter is adjd to 20/11/2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: None present from last date. the NM No.1802/2020 is posted for hearing.  But, today, no one is appeared. Therefore, NM be kept of passing dismissal order.
    Matter is adjd. to  18/12/2021 for passing dismissal order NM,  SJ hearing  and marking of documents.
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: None for plaintiff.
    Adv. Pasi for the defendant present.
    Matter is adjd. to 16/02/2022 for dismissal order on NM.
    Next Purpose: HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: None for plff.
    Adv. Chavan  for all deft. present.
    VP tendered from the side defts. TOR
    Matter is Adjd. for NM dismissal and SJ hearing to 19/03/2022.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Adv. Mrs. Preeti Gada for plaintiff present.
    None for defendant.
    Later on
    Adv. Pranav Chavan i/b Naved Chaudhary for defendant present.
    Adv. for defendant filed application for set aside dismissal order of NM. TOR marked as Exh. 11.
    Matter is adjd. for NM hearing to 08-06-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: Adv Priti Gada for plaintiff present.
    Adv Pranav Chavan for defendant present.
    K.B.
    Later on at 1.15 p.m.
    Adv for plff filed say on Exh-11.
    Heard Exh-11. O:- allowed.
    N/M is kept for argument.
    With consent adjd to 13/6/2022 for argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Sonal Dalal for Plaintiff present.
    None present for defendant.
    K.B.
    L.O. at. 01.20 p.m.
    Adv. Sonal Dalal for Plaintiff present.
    Adv. Pranav Chavan for defendant present.
    Heard arguments of both sides on N.M. 1802/2020.
    Order on N.M. 1802/2020.
    	The defendant is seeking to recall the order dtd. 23.10.2019 whereby Summons for Judgment was ordered to proceed without reply. The N.M. has been strongly resisted by the Plaintiff. The Counsel for the plaintiff has taken the S.J. to the conduct of the defendant which shows that, the defendant is keen to prolong the proceeding by adopting various dilatory tactics.
    	The record shows that, the defendant had not submitted his appearance within a stipulated period. The appearance was taken on record by knowing Ch/s. Even then the defendant did not seek leave to dependent the suit within time. When S.J. was taken out for hearing at that time the defendant has moved this N.M. for recall of the order. Considering the Conduct of defendant and the reasons cited. The order of no reply dtd. 23.10.2019 is set aside  subject to cost of Rs. 10,000/- . The cost be deposited within one week from today. Accordingly N.M No.1802/2020 stands disposed off. Put up for compliance.
    Adjd to 14/07/2022 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    Both parties and their adv. Absent.
    Order not compliance. Put up for hearing on S.J. Summons for Judgment to proceed without reply.
    Adjd to 19/08/2022 for hearing on S.J.
                                                                                          		Judge
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 02-11-2022
    
    Date: 02-11-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Priti Gada present for plaintiff, filed pursis TOR marked as Exh.12
    And inform that the def is declared insolvent petition no.32/90 by Hon\''ble Hight Court.
    None present for defendant.
    Matter stands adjourned to SJ hearing on 21-07-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-07-2023
    
    Date: 16-06-2023
    Business: Adv. Priti Gada present for plaintiff, filed pursis TOR marked as Exh.12
    And inform that the def is declared insolvent petition no.32/90 by Hon\''ble Hight Court.
    None present for defendant.
    Matter stands adjourned to SJ hearing on 21-07-2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: None present.
    KB L.O. at 03.10 p.m.
    Adv. Peeti Gada present for plaintiff.
    Heard argument counsel for the plaintiff.
    Matter stands adjourned to 17.08.2023 for further arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Adv. Jitendra Gupta for plaintiff present.
    None for defendant.
    Matter stands adjourned for argument on 21/09/2023
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Jitendra Gupta i/b Adv. Preeti Gada for plaintiff present.  He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 21.11.2023 for further argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv.Jitendra Gupta present for plaintiff. Seeking time. Time is granted.
    As per Roznama 16-06-2023 the plaintiff has informed that the defendant is declared insolvent by High Court vide Petition No.32/90. Plaintiff is directed to submit the status quo on next date.
    None present for defendant.
    Matter stands adjourned for compliance on 24-01-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: Adv. Preeti Gada present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    Matter stands adjourned for argument on 28-02-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 28-02-2024
    
    Date: 28-02-2024
    Business: Adv. Preeti Gada present for plaintiff,
    None present for defendant.
    The plaintiff has tendered list of citations on 24-01-2024 TOR.
    Matter stands adjourned for further argument on 08-04-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: None present.
    Kept back
    L.O. at 11.45 pm.
    Adv. Jitendra Gupta present for plaintiff.
    None present for defendant.
    Matter stands adjourned for further argument on 12-06-2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-06-2024
    
    Date: 12-06-2024
    Business: None present.
    L.O. at 12.30 pm.
    Adv. Jeetendra Gupta present for plaintiff.
    None present for defendant.
    Heard.
    F.R.S.R. following order is passed on Summons for Judgment No.135/19-
    ORDER
    1.Summons for Judgment No.135 of 2019 in Summary  Suit No.1439 of 2018, is disposed of in terms of following order -
    2.Leave is granted to the defendants to defend the suit subject to the defendants depositing in this Court a sum of Rs.50,00,000/- within a period of one month from the date of order and shall file written statement within 30 days, thereafter.
    3.After depositing the amount, the PLA Section is directed to invest the same into Fixed Deposit, till disposal of the suit or till further order.
    4.If this conditional order of deposit is not complied within the stipulated period, as mentioned hereinabove, the plaintiff shall be entitled for an ex-parte decree against the defendants after obtaining a non-deposit certificate from the PLA Section.
    5.Summons for judgment is disposed of accordingly.
                 (Order dictated and pronounced in open Court)
    Matter stands adjourned for compliance on 15-07-2024.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 12-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104619/2019
    Filing Date: 25-04-2019
    First Hearing Date: 02nd July 2019
    Decision Date: 12th June 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Jun 2024

    Order Details: Other Pdf Text: ..1.. Summons for Judgment No.135/2019 MHCC010046112019 Presented on : 25/04/2019 Registered on : 25/04/2019 Decided on : 12/06/2024 Duration : 05Y 01M 17D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.135 OF 2019 (CNR NO.MHCC01-004611-2019) IN SUMMARY SUIT NO.1439 OF 2018 Gutka Food & Nut Importers ) sole proprietary firm of C. P. Gutka HUF ) and through Karta Mr. Hitesh Chunilal Gutka ) Occ: Business, Office at Unit…

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