SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT
Jitendra Kheraj ChandanVsR. K. Satyam Dyes and Chemicals
CNR MHCC01004698201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ABATED
Decision Date: 10th June 2022
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 100138/2019
- Registration Date
- 30 Apr 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 03-07-2019
Business: Both parties and their adv. absent.
Adjd. to 31.07.2019 for SJ hearing.
LO
Adv. Mahesh Devani for plaintiff present.
Adv. S.K. Pise for defendant present.
Already adjd. to 31.07.2019.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-07-2019
Date: 31-07-2019
Business: Adv. Mahesh Devani for plaintiff.
None for defendant.
Register SJ no. 138/2019 @ affidavit filed by Adv. for
plaintiff.
Ex.1-Plaint
Ex.2-Vakalatnama
Ex.3-Address memo.
Ex.4-List of document
Ex.5- Affidavit of service of SJ filed by Adv. for plaintiff.
Postal packet returned unclaimed.
Adjd for filing of original documents 27/8/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-08-2019
Date: 27-08-2019
Business: Adv. Devani for plaintiff.
Adv. Pise for defendant.
Plaintiff present. Defendant present.
KB.
LO
Ex.6- Application for adjournment filed by Adv. For defendant.
Ld Advocate of plaintiff has strongy objected with this
application as today the matter is fixed for filing of original
documents. In interest of the order and to give fare chance to
defendant matter is adjd subject to cost of Rs. 1000/- to be paid
to plaintiff for delay.
Cost of Rs.1000/- is paid to Adv for defendant.
Adjd to 19/9/2019 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-09-2019
Date: 19-09-2019
Business: P.O. is on leave. Adjd to 7/11/19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-11-2019
Date: 07-11-2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: Adv. Devani for plaintiff.
Adv. Sharma for defendant.
Adv for defendant filed registered chs.1655/19 t.o.r.
Adjd to 16.03.2020 for reply to Ch/s.
Next Purpose: C/S REPLY
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 10-09-2020
Date: 10-09-2020
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 03-10-2020
Date: 03-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
Matter adjd to 16.10.2020 for chamber summons reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-10-2020
Date: 16-10-2020
Business: COURT IS ON LEAVE
Next Purpose: C/S REPLY
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 11/11/ 2020 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 02.12.2020 for reply on chamber summons.
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2020
Date: 02-12-2020
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
Matter adjd to 24/12/2020 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 24-12-2020
Date: 24-12-2020
Business: Wrongly posted on todays board.
Matter adjd to 04.01.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 04-01-2021
Date: 04-01-2021
Business: None for plaintiff.
Adv.Archana Lad i/b.B.K.Barve and Co. for defendant present.
Matter adjd to 16.01.2021 for Chs. reply.
Next Purpose: C/S REPLY
Next Hearing Date: 16-01-2021
Date: 16-01-2021
Business: None present for plaintiff.
Adv.B.K.Barve for defendant No.1 and 2 present.
Matter adjd to 12.02.2021 for Ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 12-02-2021
Date: 12-02-2021
Business: Reverting back to original court 25.03.2021
Next Purpose: C/S REPLY
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: In view of the office orders the matter be placed before the new allotted Court on 08.04.2021
Next Purpose: C/S REPLY
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 28.04.2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 28-04-2021
Date: 28-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd
Next Purpose: C/S REPLY
Next Hearing Date: 09-06-2021
Date: 09-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, matter is adjd to 25.06.2021 for Chs reply.
Next Purpose: C/S REPLY
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: PO is on leave.
Next Purpose: C/S REPLY
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Aditya Khare for plaintiff present.
Adv.Archna Lad i/b B.K. Barve and Co. for defendant Nos.1 and 2 present.
The plaintiff wants to file reply to the Ch/s.
Matter adjd to 25.08.2021 for hearing of ch/s, meantime the plaintiff to serve copy of reply in advance to the defendant.
Next Purpose: HEARING
Next Hearing Date: 25-08-2021
Date: 12-08-2021
Business: Adv. Aditya Khare for plaintiff present.
Adv.Archna Lad i/b B.K. Barve and Co. for defendant Nos.1 and 2 present.
The plaintiff wants to file reply to the Ch/s.
Matter adjd to 25.08.2021 for hearing of ch/s, meantime the plaintiff to serve copy of reply in advance to the defendant.
Next Purpose: REPLY
Next Hearing Date: 25-08-2021
Date: 25-08-2021
Business: Plaintiff absent.
Defendant absent.
Adv.Santosh Wagh i/b. B.K. Barve and Co.for defendant present.
Adv.Hardik Desai present and filed vakalatnama, Exh.8 on behalf of plaintiff t.o.r. O-filed.
Plaintiff has filed reply to chamber summons on chamber summons itself.
Heard both parties on chamber summons.
F.R.S.R. the following order is passed
ORDER
1. As there is no service of summons for judgment on defendant, there is no delay for filing leave to defend.
2. The plaintiff to comply with Sub Rule 4 of Rule 3 of Order 37 of The Code of Civil Procedure, 1908.
3. The Chamber Summons No.1655/2019 is disposed off accordingly.
The defendant to verify whether copy of leave to defend has been supply to the plaintiff.
Matter adjd to 17.09.2021 for steps by plaintiff as per today\''s order on chamber summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2021
Date: 17-09-2021
Business: Adv.Giriraj h/f.Adv.Hardik Desai for plaintiff present.
Adv.Sandip Barve i/b.B.K. Barve and Co. for defendant present.
The plaintiff submits that in view of order passed in Chamber Summons No.1655/2019 he will serve the copy of SJ on the defendant before next date. Defendant also submits that he will file service affidavit regarding leave to defend.
Matter adjd to 04.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv. Hardik Desai present for plaintiff.
Adv. Laxmi Ingale i/b B. K. Barve and Co. present for defendant.
The defendant filed service affidavit t.o.r. marekd as Exh.9 in respect of service of leave of defendant. T.O.R.
The plaintiff present. Advocate for plaintiff submits that copy of leave of defendant is served on earlier Advocate. The Ld. advocate for defendant is ready to provide copy of leave to defendant to the present advocate of the plaintiff.
Matter adjd to 18-10-2021 for SJ for argument.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: as on holiday declared.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Adv.Hardik Desai for plaintiff present.
None present for defendant.
The plaintiff filed application for adjournment, Exh.10 t.o.r.
O-The defendant is absent. Considering the reason adjournment is granted.
Matter adjd to 24.11.2021 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv.Hardik Desai for plaintiff present.
Adv.B.K.Barve i/b.B.K.Barve and Co. for defendant present.
The Ld.Adv.for plaintiff submits that copy of leave to defend is received by the plaintiff.
The plaintiff tendered adjournment application, Exh.11 t.o.r.
O-Considering the reason adjournment granted.
The plaintiff submits that he may file the chamber summons or rejoinder to leave to defend.
Matter adjd to 13.12.2021 for arguments/chamber summons/rejoinder/leave to defend.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Reason For Adjournment: court time is over
Next Purpose: ARGUMENTS
Next Hearing Date: 24-01-2022
Date: 24-01-2022
Business: PO is on Leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-02-2022
Date: 01-02-2022
Business: None present for plaintiff.
Adv.Laxmi Ingale i/b.B.K.Barve and Co. for defendant present.
KB
LO at 11.34 pm,
Plaintiff absent.
Adv.Laxmi Ingale i/b.B.K.Barve and Co. for defendant present.
In view of SOP dated 06.1.2022, matter adjd to 22.02.2022 for SJ hearing.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None present for plaintiff.
Adv.Sandip Barve h/f. B.K. Barve and Co. for defendant present.
None present for the plaintiff. Heard the defendant on SJ.
KB for plaintiffs argument.
LO at 11.53 pm,
Adv.Arun Chakor h/f.Adv.Hardik Desai for plaintiff present. He filed pursis regarding death of plaintiff. It is t.o.r. and marked as Exh.12.
Matter adjd to 03.03.2022 for argument on SJ/steps in respect of plaintiff\''s LR\''s.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: None present for plaintiff.
None present for defendant.
Vide pursis Exh.12, it was informed that the plaintiff has expired. The advocate for the plaintiff is absent. He failed to take steps for bringing the legal heirs of the plaintiff on record. Hence, keep for further order.
Matter adjd to 28.03.2022 for further order.
L.O.
Adv. Mr. Jayesh Gawde i/b Adv. Hardik Desai for the plaintiff present.
Adv. Mr. B. K. Bane and Co. for the defendants No.1 and 2 present.
Next Purpose: ORDER
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: Adv.Hardik Desai for plaintiff present.
Adv.Vijay Hamore i/b.B.K.Barve and Co. for defendant present.
On oral request of advocate of plaintiff adjd for steps.
Matter adjd to 11.04.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Business: None present for plaintiff.
Adv.Archana Lad i/b.B.K.Barve and Co. for defendant No.1 and 2 present.
Read the roznama dated 22.02.2022. It was informed that plaintiff has expired. Since then no steps are taken. Hence, matter is adjd to 30.04.2022 for dismissal.
Judge
LO at 12.30 pm,
Adv.Hardik Desai for plaintiff present.
Matter is adjd to 30.04.2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2022
Date: 30-04-2022
Business: Court is on Leave
Next Purpose: DISMISSAL
Next Hearing Date: 10-06-2022
Date: 10-06-2022
Business: None present for plaintiff.
Adv Vijay Hamore i/b B.K. Barve & Co. present for defendant.
As per pursis Exh.12 filed by adv for plff, plff died on 09.02.2022. The prescribe period of 90 days to bring legal representatives of deceased plaintiff already lapsed. Hence, Commercial Suit No.132/2021 and Summons for Judgment No.138/2021 stand abated.
Nature Of Disposal: ABATED
Disposal Date: 10-06-2022Additional Case Details
Additional Case Details
Filing Number: 105243/2019 Filing Date: 30-04-2019 First Hearing Date: 03rd July 2019 Decision Date: 10th June 2022 Court Number And Judge: 32-COURT 32 ADDL SESSIONS JUDGE
Orders
1Final Order 110 Jun 2022
10 Jun 2022
Order Details: Other Pdf Text: 10.06.2022 Coram: H. H. J. SHRI. N.P. TRIBHUWAN Judge, (C.R.NO. 32) 8. Comm. SU No. 132/21 None present for plaintiff. Adv Vijay Hamore i/b B.K. Barve & Co. present for defendant. As per pursis Exh.12 filed by adv for plff, plff died on 09.02.2022. The prescribe period of 90 days to bring legal representatives of deceased plaintiff already lapsed. Hence, Commercial Suit No.132/2021 and Summons for Judgment No.138/2021 stand abated. Judge -- 1 of 1 --
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