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SUMMARY CIVIL SUIT - SUMMARY SUIT

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CNR MHCC01005973201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--LOKADALAT
Decision Date: 28th September 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100837/2019
Registration Date
21 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 15-10-2019
    Business: PO is on leave
    Next Purpose: REPORT
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: HHJ is on Training at Uttan
    Matter is adjd to 16/12/2020 for Report
    Next Purpose: REPORT
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Plaintiff absent.
    Defendent absent.
    Adv. for plff. absent.
    Adv. S. B. Chavhan For deft. Present.
    He tendered orignal Notice of Motion No. 4562/19.
    Matter is adjd to 23.01.2020 for reply of NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 03.02.2020 for .
    Next Purpose: FOR___________________
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Hetal Vakil for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 17.02.2020 for Reply on N/M.
    Next Purpose: REPLY
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Hetal Vakil for plff. Present.
    Adv. For deft
    Plaint
    Vakalatnama
    Memorandum of address
    List of document
    Adv. For the plff. Filed affidavit of service. Exh-5 Order- Seen and filed
    Adv. For the plff. Filed affidavit in reply. Order- Seen and filed.
    Matter is adjd to 27.02.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Ritika Ayyar for plff. Present.
    Adv. Chauhan for deft. Present.
    FRSR pronounced and following order is passed.
    ORDER
    1. The Notice of Motion no.4562 of 2019 is allowed subject to cost of Rs.1,000/-. The cost shall be payable by the defendant to the plaintiff on or before next date.
    2. The defendant is granted permission to file his appearance and Vakalatnama on record in te interest of justice on payment of cost to the plaintiff.
    3. The Notice of Motion No. 4562 of 2019 is disposed off.
    Both parties agreed to settled the matter in amount of Rs.70,000/- approx.  Defendant agreed to pay amount of Rs. 70,000/- approx.
    Matter referred from Lok Adalat date on 11/04/2020..
    Matter is adjd to 16.04.2020 for report of Lok Adalat.
    Next Purpose: REPORT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: REPORT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Business: Due to Covid-19 Pandemic none appeared.
    Next Purpose: REPORT
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Court is on Leave.
    Matter is adjd to 04.03.2021 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Hetal Vakil for plff. Present.
    Matter is adjd to 17.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Hetal Vakil for the plff. present.
    Matter is adjd to 24.06.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 20.08.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Hetal Vakil for the plff present.
    Matter is adjd to  23.09.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: None present.
    L.O. 12.20 pm.
    Adv Hetal Vakil for plaintiff present.
    Matter is adjd to 28.01.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: None present.
    Matter is adjd for taking steps on 07.04.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Till date service is not complete.  Plaintiff directed to take proper steps.
    Matter adjourned to 20/09/2022 for taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Hetal Vakil for plaintiff present.
    None for defendant.
    Perused the roznama dated 16.12.2019 and 27.12.2020.  It appears that defendant has already caused appearance.
    Advocate for plaintiff submits that defendant had agreed to pay an amount of Rs.70,000/- as a settlement.  However, he has not complied the said settlement.
    In view of the said position plaintiff to proceed by taking appropriate steps.
    Matter is adjd. to 09.12.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 15/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: Adv.Ms.Hetal Vakil i/b M/s J.R.Vakil and Associates for plaintiff present.
    Despite order dated 20/09/2022, plaintiff failed to take proper steps i.e. failed to file SJ.
    Adv. for plaintiff seeks time. Time granted as a last chance.
    None for defendant.
    Matter is adj to 27/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Matter is adj to 04/08/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    Both parties and their counsel absent. The plaintiff failed to take steps to file SJ.
    Matter is adj to 02/09/2023   for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Jay Yadav i/b Adv. J. R. Vakil and associates for plaintiff is present
    Application filed by the counsel for the plaintiff for removal of the caption dismissal and permission to take steps along with draft Summons for Judgment and affidavit. It is marked as Exh-6.
    Order below Exh-6
    Perused the application and the record. Heard the counsel for the plaintiff. It is found that because of not taking the steps by filing the Summons for judgment, the matter was adjourned today for dismissal order. Today the plaintiff wants to take steps and therefore, filed the present application along with the draft Summons for judgment seeking leave to register it.
    Application (Exh-6) is allowed.  Caption dismissal shall be removed. Leave to register the draft Summons for judgment is granted.
    Matter is adj to 07.12.2023 for tendering registered SJ and filing service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Representative of plaintiff is present and tendered registered Summons for Judgment No.209/23 along with affidavit in support.
    Matter is adj to 14.03.2024 for filing service affidavit of SJ.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jitendra Gupta i/b Adv. J. R. Vakil for plaintiff is present and filed affidavit of service of summons for judgment. Taken on record.
    On perusing of affidavit of service, it appears that summons for judgment is served on counsel for defendant on 17.01.2024. The defendants failed to file their reply to the summons for judgment withing stipulated period. Hence, summons for judgment is kept for hearing without reply.
    Matter is adj to 29.04.2024 for filing original documents and hearing on summons for judgment (without reply).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-04-2024
    
    Date: 29-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jitendra Gupta i/b Adv. J. R. Vakil for plaintiff is present and filed list of document along with documents. Taken on record. It is marked as Exh-7   .
    The defendant and his counsel are absent.
    Matter is adj to 24.06.2024 for hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jitendra Gupta i/b Adv. J. R. Vakil for plaintiff is present and requested for adjournment for filing original documents. Adjournment is granted.
    The defendant and his counsel are absent.
    Matter is adj to 21.08.2024 for filing original document and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Jitendra Gupta h/f Adv. J. R. Vakil for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 1.00 pm
    Adv. Jitendra Gupta h/f Adv. J. R. Vakil for plaintiff is present.
    The defendant and his counsel are absent.
    Heard counsel for the plaintiff on Summons for judgment.
    Matter is adj to 06.09.2024 for hearing on Summons for judgment by defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-09-2024
    
    Date: 06-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Hetal Vakil i/b J. R. Vakil and Associates for plaintiff is present and submitted that matter be referred to lokadalat.
    The defendant and his counsel are absent.
    Hence, Matter is adj to 28.09.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 28-09-2024
    
    Date: 28-09-2024
    Business: Matter pertaining to C.R. No.81
    Adv. Archana Kandoi  h/f Adv. Janakraj Vakil present for
    plaintiff.
    Plaintiff representative Swati Kalatme present.
    Exh.8 -  Withdrawal application.
    Exh.9 - Board Resolution.
    Exh.10 - Authority Letter.
    Plaintiff representative Ms. Swati Kalatme  filed Suit
    withdrawal application at Exh.8  stating that, matter is
    settled out of Court and plaintiff wants to withdraw the Suit.
    Hence, plaintiff is allowed to withdraw the Suit as prayed.
     SJ No. 209/2023 is also disposed off along with proceeding.
    Court fees be refunded as per rules.
    Nature Of Disposal: LOKADALAT
    Disposal Date: 28-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106382/2019
    Filing Date: 15-06-2019
    First Hearing Date: 15th October 2019
    Decision Date: 28th September 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Sept 2024
    Order Details: Other
    Pdf Text: 28.09.2024 NATIONAL LOK-ADALAT HELD ON 28.09.2024
    (Panel-XIII)
    Sr. No.15
    Summary
    Civil
    Suit No.
    100837/2019
    SJ 209/2023
    Exh.8
    Exh.9
    Exh.10
    Matter pertaining to C.R. No.81
    Adv. Archana Kandoi h/f Adv. Janakraj Vakil present for
    plaintiff.
    Plaintiff representative Swati Kalatme present.
    Exh.8 - Withdrawal application.
    Exh.9 - Board Resolution.
    Exh.10 - Authority Letter.
    Plaintiff representative Ms. Swati Kalatme filed Suit
    withdrawal application at Exh.8 stating that, matter is
    settled out of Court and plaintiff wants to withdraw the Suit.
    Hence, plaintiff is allowed to withdraw the Suit as prayed.
    SJ No. 209/2023 is also disposed off along with proceeding.
    Court fees be refunded as per rules.
    Adv. Preeti P. Sabne H.H.J. A. D. Salunkhe
    Panel Member Panel Head
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