Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Sameer Purushottam MhatreVsMs. Nikita Somnath Kunder

CNR MHCC01005959201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th April 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100682/2019
Registration Date
03 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 27-08-2019
    Business: Adv. Sanjay shukla for plaintiff.
    Plaintiff present.
    Adjd for steps to 21/10/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: Holiday declared on account of election.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adv. Sanjay Shukala  for plaintiff present.
    Defendant and his advocate absent.
    List of document file. O - filed.
    Application to  issue fresh summons to the deft. of new address.
    Order . Issue summons as prayed re-tunable on next date 16.01.2010.
    Matter is adjd to 16.01.2020 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sanjay Shukala For plff. Present.
    Adv. Parle For deft. Present.
    Adv. For the Plff. oral request to filing summons for judgment.
    Matter is adjd to 13.02.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Plaintiff present.
    Defendant absent.
    Adv. Sanjay Shukala for plff. Present.
    Adv. Parle for deft. Present.
    Adv. For the plff. Filed draft S/J @ affidavit in support Order- Leave granted to registered.
    Adv. For the plff. Tendered registered S/J No. 30/2020 @ affidavit in support. t.o.r.
    Adv. For the deft. Affidavit and application for leave to defend. t.o.r. Order- Seen and filed.
    Adv. For the deft. Filed affidavit in reply. t.o.r. Order- Seen and filed.
    Matter is adjd to 02.03.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Plaintiff present.
    Defendant present.
    Adv. Sanjay Shukla for plff. Present.
    Adv. Parle for deft. Present.
    Matter referred for Mediation.
    Matter is adjd to 30.04.2020 for Mediation of report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Business: Due to Covid-19 Pendamic.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: Due to Covid-19 Pandemic none appeared.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Plaintiff  present.
    Defendant and his advocate are absent.
    Adv. Sanjay Shukla for plff. Present.
    Matter is adjd to 11.03.2021 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Plaintiff present.
    Defendant absent.
    Adv. Sanjay Shukla for plff. present.
    Adv. Parale for deft. present.
    Mediation report received. Mediation report is failed.
    Matter is adjd to 16.06.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Due to Covid-19 Pandemic Lockdown.
    Both the parties and their advocates are absent.
    Matter is adjd to 24.08.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Court is Vacant.
    Matter is adjd to 27.10.2021 for S/J Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is Vacant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv Sanjay Shukla for plaintiff present and argued on Summons for Judgment. None for defendant. No arguments from defendants side. Hence matter posted for argument of defendant sides.
    Matter is adjd to 13.01.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Plaintiff present.
    None appeared for defendant.
    Adv. Mr. Sanjay Shukla For plaintiff is present.
    Matter is adjd for arguments to 05.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: None present.
    Court is busy in order dictating in Summary Suit Nos. 535 of 2017, 24 of 2021 and 53 of 2021. Hence board is discharged.
    Matter is adjd for arguments on 19-04-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: ARGUMENTS
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv. Sanjay Shukla for plaintiff present.
    Heard arguments of adv. Mr. Shukla for plaintiff on summons for judgment.
    None for defendant. Matter adjourned for arguments of defendant as last chance.
    Matter adjourned to 13/07/2022 for arguments of defendant to SJ as last chance.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Mr. Sanjay Shukla for Plaintiff present.
    None for Defendant.
    Today matter was kept for argument of Defendant on SJ as a last chance.  However, today also Defendant is absent and no arguments are advanced on her behalf.  Hence, matter is kept for Order on 22/07/2022.
    Next Purpose: ORDER
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. Mr. Sanjay Shukla for Plaintiff present.
    None for Defendant.
    F.R.S.R. following Order is passed :-
                  ORDER
    1. Summons for Judgment No. 30/2020 stands rejected.
    2. Leave to defend is granted subject to depositing Rs. 5 Lakhs in the court by the Defendant within four weeks from the date of this Order.
    3. Needless to say that if the amount is not deposited, leave to defend would be vacated.
    Matter adjourned to 19/08/2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None for Plaintiff.
    Adv. S. D. Parle for Defendant present.
    No compliance of order on SJ is made.
    Matter adjourned to 15.10.2022 for compliance/steps.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: PO IS ON LEAVE
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Plaintiff present and his advocate absent.
    Adv.M.S.Singh h/f Adv.Parle for defendant present.   He filed application for adjournment (Exh-4).
    He submits that defendant has filed revision against the order of this court dated 22/07/2022.  He submits that till date matter could not be listed.  He seeks short time.
    In view of the request made time is granted as a last chance.
    Matter is adj to 31/01/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Adv.Sanjay Shukla for plaintiff present.  He filed application             (Exh-5) for seeking ex-parte haring of the suit on the ground of non compliance of conditional leave to defend order passed by this court on 22/07/2022.   The non deposit certificate is placed on record.  Same is marked as Exh-6.
    Adv.Smt.S.D.Parle for defendant present. She submits that defendant has already approached Hon\''ble High Court by way of Civil Revision Application No.25862/2022.  She submits that said petition is due for listing  soon.  She seeks short accommodation on the said ground.
    Admittedly, the period for depositing the security is already lapsed. Still in the interest of justice, matter is adj to 13/04/2023 for passing order below Exh-5.
    Next Purpose: ORDER
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Plaintiff and his advocate Adv.Sanjay Shukla are present.
    None for defendant.
    Ld.Adv. for plaintiff submits that Civil Revision Application No.25862 of 2022 is still pending before Hon\''ble High Court without any order.  He submits that there is no reason to stay present proceedings.
          The non deposit certificate is already placed on record at Exh-6.
    At the request of advocate for plaintiff matter is kept back for filing documents.
    Matter called out at 1.01pm
           Plaintiff and his advocate Adv.Sanjay Shukla are present.
    Defendant and her Adv.S.D.Parte are present.  She submits that the parties have settled the dispute amicably out of the court.  Accordingly cheque of Rs.5,00,00/- is handed over by the defendant to the plaintiff towards full and final settlement.
        Ld.Adv. for plaintiff submits that plaintiff has received the cheque.  Plaintiff would withdraw the suit as soon as the cheque is realized.   Parties have thus filed settlement deed (Exh-7).  Contends of the same read and recorded.
    Both the parties seeks short accommodation.   In view of the request made, matter is adj to 28/04/2023 for withdrawal
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Mr.Sameer Purushottam Mhatre-Plaintiff present.
    Adv.Sanjay Shukla for plaintiff present.
    Ms.Nikita Somnath Kunder-Defendant present.
    Adv.S.D.Parle for defendant present.
    Adv.Sanjay Shukla for plaintiff filed application for withdrawal of the suit (Exh-8).
    Ld.Adv. for plaintiff submits that defendant has paid Rs.5,00,000/- to the plaintiff towards full and final settlement of the claim, therefore plaintiff wish to withdraw the suit.
      The plaintiff  as well as defendant have already filed settlement pursis/deed on record on last date at Exh-7.  The contents of the same are already read and recorded.
       In view of the same, withdrawal application is allowed.  Hence, I pass following order.
                                        ORDER
    1.Summary Suit No.682 of 2019 is disposed of as withdrawn.
    2.Plaintiff is entitled for refund of court fees, as per the rules.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 28-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106357/2019
    Filing Date: 14-06-2019
    First Hearing Date: 27th August 2019
    Decision Date: 28th April 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Apr 2023
    Order Details: Other
    Pdf Text: 05
    28/04/2023
    SUM 682/19
    Exh8
    CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
    Mr.Sameer Purushottam MhatrePlaintiff present.
    Adv.Sanjay Shukla for plaintiff present.
    Ms.Nikita Somnath KunderDefendant present.
    Adv.S.D.Parle for defendant present.
    Adv.Sanjay Shukla for plaintiff filed application for withdrawal of
    the suit (Exh8).
    Ld.Adv. for plaintiff submits that defendant has paid Rs.5,00,000/
    to the plaintiff towards full and final settlement of the claim,
    therefore plaintiff wish to withdraw the suit.
    The plaintiff as well as defendant have already filed settlement
    pursis/deed on record on last date at Exh7. The contents of the
    same are already read and recorded.
    In view of the same, withdrawal application is allowed. Hence, I
    pass following order.
    ORDER
    1.Summary Suit No.682 of 2019 is disposed of as withdrawn.
    2.Plaintiff is entitled for refund of court fees, as per the rules.
    Judge
    -- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.