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CHAMBER SUMMONS

Lalchand Nokhai YadavVsSultan Roshan Mirza

CNR MHCC01005627201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 16th February 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101050/2019
Registration Date
10 Jun 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: 18-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: Adv. Mr. Vaibhav Kamble present for Plaintiff.
    None present for Defendant.
    As the court is busy in dictating judgment in suit No.6986/06. Hence, board is discharged.
    Case is adjourned to 25.09.2019 for Writ of Summons.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Court is busy in dictating order on Notice of Motion in suit no.1762/18 and hearing urgent applications, board of second session is discharged and case is adjourned to 27/11/2019.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Court is on leave.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Advocate Mr. Mehul Thakkar for Plaintiff present
    Advocate Mr. Shukla for Defendant no.1 present and filed vakalatnama, t.o.r. and submitted that copy of Chamber Summons and affidavit in its support upon Defendant no.1 today itself.
    Case is adjourned to 20/03/2020 for Chamber Summons reply.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 25/06/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 25-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Business: As holiday was declared, taken on 27/08/2020.
    Adjourned due to Covid-19.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for C/S Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: None present for both the parties.
    Defts failed to file reply hence, CS No. 1050/2019 and 1051/2019 to proceed without reply of defts.
    Matter is adjd. for NM hearing  and CS hearing to 07.04.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Adv. Mehul Thakkar for the Plaintiff present and mentioned the matter in the morning session.
    Seeks adjournment.
    None present for the defendant.
    Matter is on the afternoon board hence, KB.
    Matter adjourned for CS hearing to 10/06/2021.
    LO in the afternoon session.
    Adv. Priyank Shukla for defendant No.1 present and seeks liberty to file reply to the CS.
    Already adjourned to 10/06/2021.
    Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
    Judge
    Next Purpose: C/S REPLY
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv Mr. Mehul Thakkar for plff present.
    Adv Mr. Priyank Shukla for deft present and filed affidavit in reply in N.M.2031/2019.
    Adv. for plff seeks time to argue said NM and two pending Ch/s.
    Matter is adjd. for NM hearing to 06.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2021
    
    Date: 06-12-2021
    Business: Adv Mr.Vaibhav Kamble present for plff. and seeks adjournment.
    Adv Mr. Priyank Shukla  present for deft.
    By consent, matter is adjd. for Ch/s and NM hearing to 14.02.2022.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv Mr. Vaibhav Kamble for plff. present and seeks adjournment.
    Adv Mr. R.D. Mishra for deft present.
    By consent, matter is adjd. for NM hearing to 26.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Adv Ms. Sakina Lokhandwala plff present and seeks adjournment.
    Adv Mr. Priyank Shukla for deft present.
    By consent, matter is adjd. for Ch/s and NM hearing to 14.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Plaintiff present.
    Adv. Mehul Thakkar for plaintiff present.
    Adv. Priyank Shukla for defendant present.
    Adv. for plaintiff submits that copy of reply to Notice of motion is not received. The defendant undertakes to serve it.
    Matter adjd to 06/09/2022  for compliance and Chamber summons hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: None present for both sides.
    Matter adjd to 22.11.2022 for Compliance and Ch/s. hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-11-2022
    
    Date: 06-09-2022
    Business: None present for both sides.
    Matter adjd to 22.11.2022 for Compliance and Ch/s. hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv.Mehul Thakker for plaintiff present.
    Adv.Rajnish Upadhyay for defendant present.
    Copy of reply in NM 2031/19 is received by the Adv.for the plaintiff.
    The Adv.for the plaintiff submits that in view of subsequent development the plaintiff\''s wants to withdraw the chamber summons with liberty to file fresh chamber summons. He requested time to file pursis to that effect.
    Matter adjd to 12.01.2023 for filing withdrawal pursis in ch/s.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Plaintiff present.
    Adv.Priyansh Shukla for defendant present.
         Read the roznama dated 22.11.2022 plaintiff to take necessary steps.
    Matter adjd to 24.03.2023 for steps for withdrawal of ch/s.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Jayshree Rajemahadik for plaintiff present.
    Adv. Rajnish Upadhyay for defendant present.
    Matter is adjd.to  07-08-2023 for steps for withdrawal C/S
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Plaintiff in person present.
    None for defendant
    Matter is adjd.to 29-09-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2023
    
    Date: 07-08-2023
    Business: Plaintiff in person present.
    None for defendant
    Matter is adjd.to 29-09-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2023
    
    Date: 07-08-2023
    Business: Plaintiff in person present.
    None for defendant
    Matter is adjd.to 29-09-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Adv. Jayashri Rajemahadik a/w plaintiff present.
    None for defendant
    Plaintiff granted last chance to proceed with pending NM and C/S, failing which the same may be dismissed for want of prosecution.
    Matter is adjd.to 20-10-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-11-2023
    
    Date: 20-10-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-11-2023
    
    Date: 20-10-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-11-2023
    
    Date: 20-10-2023
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: Adv. Kajal Patnakar a/w  plaintiff present and filed application for withdrawal of pending NM and C/S with liberty to file fresh it is stated that due to subsequent events the plaintiffs needs to withdraw the pending NM and C/S. From the perusal of the record, it appearant that though the plaintiff has taken out C/S No. 1050/19 and C/S No. 1051/19 and NM No. 2031/19 in the year 2019 but failed to prosecute the same. It is also seem that on 22 of November 2022 the Ld. Counsel for  plaintiff disposed the plaintiffs intention to withdraw the C/S with liberty to file fresh C/S but didnt take any action in that regard and it is only after when the suit is posted for dismissal order of the said pending NM and C/S the present application has been moved. The application doesnt indicate any special reason seeking leave to file fresh NM and C/S. From the overall view of the matter what is significant is that the plaintiff has not enter into the prosecute the pending NM and C/S. Hence, the pending NM and C/S are liable to be dismissed for want of prosecution.  The plaintiff may take appropriate steps in the matter. The application Exh. 3 stands disposed of accordingly.
    None for defendant.
    LO
    Adv. Kajal Patnakar a/w  plaintiff present filed draft C/S with supporting affidavit t.o.r. - O- Leave is granted to register the draft C/S .
    Matter is adjourned to 11-01-2024 for steps by plaintiff.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-01-2024
    
    Date: 11-01-2024
    Business: Adv. Kajal Bhatnagar for plaintiff present and filed registered C/S No. 2233/23 along with affidavit in support t.o.r.
    None for defendant.
    The plaintiff doesnt appear to file affidavit of service with respect to C/S No. 2233/23 on the other side, plaintiff shall file service affidavit by next date.
    Matter is adjourned to 16-02-2024 for service affidavit and reply on C/S.
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-02-2024
    
    Date: 16-02-2024
    Business: As per roznama dtd. 06-11-2023
    Adv. Kajal Patnakar a/w  plaintiff present and filed application for withdrawal of pending NM and C/S with liberty to file fresh it is stated that due to subsequent events the plaintiffs needs to withdraw the pending NM and C/S. From the perusal of the record, it appearant that though the plaintiff has taken out C/S No. 1050/19 and C/S No. 1051/19 and NM No. 2031/19 in the year 2019 but failed to prosecute the same. It is also seem that on 22 of November 2022 the Ld. Counsel for  plaintiff disposed the plaintiffs intention to withdraw the C/S with liberty to file fresh C/S but didnt take any action in that regard and it is only after when the suit is posted for dismissal order of the said pending NM and C/S the present application has been moved. The application doesnt indicate any special reason seeking leave to file fresh NM and C/S. From the overall view of the matter what is significant is that the plaintiff has not enter into the prosecute the pending NM and C/S. Hence, the pending NM and C/S are liable to be dismissed for want of prosecution.  The plaintiff may take appropriate steps in the matter. The application Exh. 3 stands disposed of accordingly.
    None for defendant.
    LO
    Adv. Kajal Patnakar a/w  plaintiff present filed draft C/S with supporting affidavit t.o.r. - O- Leave is granted to register the draft C/S .
    Matter is adjourned to 11-01-2024 for steps by plaintiff.
    Nature Of Disposal: DISMISSED
    Disposal Date: 16-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106119/2019
    Filing Date: 10-06-2019
    First Hearing Date: 18th June 2019
    Decision Date: 16th February 2024
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Feb 2024

    Order Details: Other Pdf Text: IN THE COURT OF Shri. V. M. Pathade COURT 62 ADDL SESSIONS JUDGE Case No.: CHAMBER SUMMONS / 101050 / 2019 CNR Number: MHCC010056272019 Lalchand Nokhai Yadav Vs Sultan Roshan Mirza Mehul R. Thakker Advocate / Todays Date Roznama Next/Disposal Date 16-02-2024 As per roznama dtd. 06-11-2023 Adv. Kajal Patnakar a/w plaintiff present and filed application for withdrawal of pending NM and C/S with liberty to file fresh it is stated that due to subsequent…

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