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CHAMBER SUMMONS

Shivaji Mangesh Salvi and Ors.VsAkshata Anil Ghosalkar

CNR MHCC0100464220194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th September 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100908/2019
Registration Date
26 Apr 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 18-06-2019
Reason For Adjournment: court time is over
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 26-07-2019

Date: 26-07-2019
Business: Adv.  Mr.Gupta for plaintiff present.
Filed reply to ch/sum.
Plaintiff no. 4 present.
Adv. Mr. Abhijeet for defendant present.
Tendered registered ch/sum 908/19. copy served to other side.
As court is busy in dictating judgment in SU no. 6631/84. Hence, adjourned.
Case is adjourned to 27.9.2019 for ch/sum hearing
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Court is busy in hearing NM argument in suit no.9376/95 and court has to hear NM in suit no.4935/12, hence board of second session is discharged and case is adjourned to 05/12/2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 05-12-2019

Date: 05-12-2019
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Plaintiff no.4 with advocate Mr. Anil Gupta for Plaintiff present
Defendant with advocate Mr. Abhijit Tambe for Defendant present
Heard Defendants advocate about Chamber Summons no.908/19. When court has brought it to the notice of Defendants advocate that after closure of evidence of Plaintiff whether bar provided by proviso of Order 6 Rule 17, will not be applicable to Defendants contentions, it is submitted that previous lawyer has not taken care to raise all the defenses on behalf of Defendants. It is submitted that Defendant will search out and file the case laws which will be helpful for allowing the Chamber Summons.
Case is adjourned to 10/02/2020 for further arguments by Defendants.
Next Purpose: C/S  HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Plaintiff no.2 with advocate D. L. Gupta for Plaintiffs present
Advocate Abhijeet Tambe for Defendants present
Heard advocate for Defendants in respect of Chamber Summons, who submitted that vital defenses were remained to be  raised in Written Statement and those defenses were not raised by Defendants previous lawyer and therefore Defendant should be permitted to amend the Written Statement.  It is argued that some documents which are necessary to be  filed on record, were not traceable with  BMC and now those documents are available with Defendants and for referring those documents in Written Statement proposed amendment is necessary hence according to Defendants advocate, the Chamber Summons is necessary to be allowed.
Heard advocate for Plaintiff who argued that Defendant has filed this Chamber Summons to fill up the lacunas and she has blamed her previous lawyer but she has not taken any action against said previous lawyer for his negligence, hence Chamber Summons taken out by Defendant is taken out only with the intention to delay the matter. Further Plaintiff\''s lawyer referred 11 and 12 of affidavit filed by Defendant in support of NM and submitted that document at page no.12 is not legible therefore no question arises of allowing Defendant to amend the Written Statement for referring the document which is not legible, hence Chamber Summons is necessary to be dismissed.
Case is adjourned to 25/02/2020 for Order on Chamber Summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 25-02-2020

Date: 25-02-2020
Business: Advocate S. A. Khan for Plaintiff present
Advocate Pradee Zende for Defendant present
Court has to dictate Judgment in suit no.8472/86 and hearing urgent matters, hence case is adjourned to 27/04/2020 for order on Chamber Summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: CH/S ORDERS
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Business: Case is adjd in view of declaration of Novel Corona Virus (COVID 19)
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-10-2020

Date: 22-10-2020
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.
Adjd to 08.01.2021 for  Ch.s.order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: 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 parties.
Adjd to 12.03.2021 for  Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-03-2021

Date: 08-01-2021
Business: 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 parties.
Adjd to 12.03.2021 for  Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-03-2021

Date: 12-03-2021
Business: None for plaintiff.
Defendant present.
Adv. Abhijeet Tambe for defendant present.
On oral request of Ld. Adv. for defendant adjournment granted.
Adjd to 06.04.2021 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2021

Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd
Next Purpose: C/S  HEARING
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for Ch/s hearing to 26/08/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 26-08-2021

Date: 26-08-2021
Business: None for plaintiff.
Adv. Abhijit Tambe for defendant present.
Plaintiff to proceed with the argument of Ch/s on next date failing which chamber summons will be heard and decided.
Adjd for Ch/s arguments to 20/09/2021
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv. P. B. Upadhyay I/b Adv. Dharmendra Gupta For plaintiff present.
Adv. Mr. Abhijit A. Tambe  For defendant present.
Adv. For plaintiff stated that his reply be treated as arguments.
Heard arguments of Adv. Mr. Abhijit A. Tambe for defendants for Chamber summons 908/19.
Adjd for Ch/s orders to 24/09/2021
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-09-2021

Date: 20-09-2021
Business: Adv. P. B. Upadhyay I/b Adv. Dharmendra Gupta For plaintiff present.
Adv. Mr. Abhijit A. Tambe  For defendant present.
Adv. For plaintiff stated that his reply be treated as arguments.
Heard arguments of Adv. Mr. Abhijit A. Tambe for defendants for Chamber summons 908/19.
Adjd for Ch/s orders to 24/09/2021
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: Adv. Upadhyay h/f Adv. Gupta for plaintiff present.
Adv. Mr. Tambe for defendant present.
FRSR the following order is passed in Ch.s No. 908/19
ORDER
1. The Chamber Summons is allowed on payment of cost of Rs.2,000/- (Rs. Two Thousand Only) to the Plaintiffs to be paid within one month from the date of the order.
2. The defendant is allowed to carry out amendment within limitation as stated in Schedule-I to the Chamber Summons on payment of the above cost within the above period.
3. Accordingly, Chamber Summons is disposed of.
Nature Of Disposal: ALLOWED
Disposal Date: 24-09-2021

Additional Case Details

Additional Case Details
Filing Number: 104720/2019
Filing Date: 26-04-2019
First Hearing Date: 18th June 2019
Decision Date: 24th September 2021
Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
24 Sept 2021

Order Details: Chamber summons Pdf Text: 1 Order in Ch/s 908/2019 in S.C.Suit 5165/2012 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 908 OF 2019 IN S.C.SUIT NO. 5165 OF 2012 CNR NO. :MHCC010046422019 Shivaji Mangesh Salvi & Ors. …. Plaintiffs Versus Akshta Anil Ghosalkar ….Defendant Appearance: Mr. P.B. Upadhyay i/b. Mr. Dharmendra Gupta, Advocate for the plaintiffs. Mr. Abhijit Tambe Advocate for the Defendant. CORAM : SMT. S.S. NAGUR, JUDGE, (C.R.NO.4) DATE : 24.09.2021 ORAL ORDER…

Read Full Order

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