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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

B.K. Surface CoatingVsThysenkrupp Industries India Private Limited +1 more

CNR MHCC01005341201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 27th September 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100174/2019
Registration Date
30 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-07-2019
    Business: As the court is on leave Board is discharged and the matter stands adjd. To 26.08.2019
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: Adv. Nikhil Patil for plaintiff present and tendered original S.J. No. 174/19. He submitted that he will serve the S.J on defendant no. 2.
    None present for defendant.
    Matter adjd for service affidavit and reply to 21.09.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: P.O. is on training.  Board is discharged
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Nikhil for plff present.
    Adv. Shah for deft. No. 1 present.
    Matter is 21.02.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv Nikhil Patil for plaintiff present.
    Adv Shah for defendant no.1 present.
    Adv Arati Singh for defendant no.2 present.
    Adv of defendant no.2 submitted that the VP is not having NOC.
    Adv of defendant no.1 submitted Vakalatnama at Exh.4. O- Submitted V.P. on 21.02.2020.
    Matter adjourned for compliance of defendant no.2 to 01.04.2020 at 11.00 am.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lock Down
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Business: Due to Covid-19 pandemic none appeared.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 20.04.2021 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 21/06/2021 for Compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 06.08.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Anil S. Kharatmol h/f Adv. Patil for the plff present.
    Matter is adjd to 03.09.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Court is Vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Court is Vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: None present.
    Matter is adjd to 14.02.2022 for  SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv Nikhil Patil for plaintiff present.
    None for defendant.
    L.O. at. 04.00 pm.
    Adv Pravin Monani for defendant no. 1 is present.
    Adv for defendant filed draft Notice of Motion along with affidavit in support. TOR O- Leave is granted to register it.
    Matter is adjd for SJ hearing on 13-04-2022
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on training
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: None for Plaintiff.
    Adv. Mr. R. C. Koushik for Defendant No. 2 present and filed vakalatnma.  t.o.r. and marked as Exhibit-5.
    As the court is busy in hearing Arguments in evidence in Sessions Case Nos. 1179/19, 1996/19 and order in S/J No. 30/2020 in Sum Suit No. 682/19. Hence, board is discharged.
    Matter adjourned to 30/08/2022 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv for Plaintiff present
    Adv for Defendant no.2 present.
    The original Notice of Motion No. 1084 of 2022 is not tendered on record by defendant no. 1.
    L.O. at 03.53 pm
    Adv. Pranav Monani I/b Kanga & co. for the deft. no. 1 present and tendered register N/M no. 1084/2022 alongwith affidavit in support. He also filed affidavit of Notice of Motion.
    Matter adjourned to 22/11/2022 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Matter is adj to 09/01/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: None for plaintiff.
    Adv.Siddharth Mishra i/b Kaushik and Co. for defendant No.2 present.
    Adv.Pranav Monani i/b Kanga and Co. for defendant No.1 present.  He submits that he has complied the order dated 22/11/2022 by depositing the cost of Rs.15,000/- with DLSA, Mumbai on 06/12/2022. He has placed on record receipt to that effect.  Hence, the compliance.
    He further seeks time to file reply to SJ.  Time granted till next date.
    Defendant to serve the copy of reply to plaintiff within two weeks.
    Matter is adj to 15/02/2023 for reply on SJ.
    Next Purpose: REPLY
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: As Court is busy in dictating order in SJ No.333/16 in Summary Suit No.953/15 remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 24/03/2023 for reply to SJ.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    Adv.Pranav Monani i/b Kanga and Company for defendant No.1 present.  He file reply to SJ. T.O.R
    he submits that copy of reply already served to plaintiff.
    In view of the same, matter is adj to 07/06/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-06-2023
    
    Date: 07-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his advocate absent.
    Adv. Ashutosh Kaushik with Adv. Namrata Parmar I/b Kaushik and Co. for the defendant No. 2 is present.
    Matter is adj to 18.08.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Nikhil Patil for plaintiff is present.
    Adv. Shivanee Srivastava with Adv. Pranav Monani i/b Kanga and Co.  for defendant No.1 is present.
    Adv. Ashutosh Kaushik with Adv. Rahul Tiwari i/b Kaushik and Co.  for defendant No.2 is present.
    Heard Ld. Counsel for plaintiff on SJ No.174/19
    Matter is adj to 19.08.2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-08-2023
    
    Date: 19-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Nikhil Patil for plaintiff is present and filed pursis along with  citation. TOR.
    Adv. Shivanee Srivastava i/b Kanga and Co. for defendant No.1 is present.
    Adv. Ashutosh Kaushik with Adv. Rahul Tiwari i/b Kaushik and Co. for defendant No.2 is present.
    Heard Ld. counsels for both sides on SJ No.174/19.
    Matter is adj to 25.08.2023 for order on SJ.
    Next Purpose: ORDER
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Adv. Namrata Parmar for respondent No. 2 is present.
    Court is busy in hearing and dictating orders in other urgent matters.
    Matter is adj to 01.09.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Rahul Tiwari i/b Kaushik and Co. for defendant No.2 is present.
    Court is busy in hearing and dictating order in other urgent matters.
    Matter is adj to 12.09.2023 for order on SJ
    Next Purpose: ORDER
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: ORDER
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv Pranav Monani a/w Kanga and Co for the defendant No.1 present.
    FRSR following order is passed on SJ No.174/19
    Order
    1.Summons for judgment is dismissed.
    2.Unconditional leave to defend the suit is granted to defendant No.2. He shall file written statement within a month from the date of this order.
    3.Leave to defend the suit is granted to defendant No.1 subject to the condition that defendant No.1 company shall deposit in the Court the amount of Rs.14,09,202/-.
    4.Defendant No.1 to deposit the said amount in the Court within a period of a month from the date of this order, and after depositing the said amount, defendant No.1 shall file its written statement within a month.
    5.In view of granting the leave to defend the suit, summons for judgment No.174/2019 stands disposed of as dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 27-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104560/2019
    Filing Date: 30-05-2019
    First Hearing Date: 11th July 2019
    Decision Date: 27th September 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Sept 2023

    Order Details: Other Pdf Text: MHCC010053412019 Presented on 30-05-2019 Registered on 30-05-2019 Decided on 27-09-2023 Duration 04Y: 03M: 28D IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO. 174 OF 2019 IN SUMMARY SUIT NO. 1292 OF 2015 B.K.Surface Coating ] Flat No.11, Shivnun Cooperative Housing Society ] Limited, ] Opposite Sita Industrial Estate, Mahtaney Park, ] R. C. Marg, Chembur, Mumbai 400 074. ]...Plaintiff V/s. 1. Thysenkrupp Industries India Private Limited,] Having its registered address at…

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