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CHAMBER SUMMONS

Ms Kamala DevelopersVsJaffrullah Shaikh And Ors

CNR MHCC0100601820191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101099/2019
Registration Date
18 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: 19-06-2019
    Business: None for Plaintiff present.
    Adv. Mr. S.G. Maheshwari for deft no.1 present.
    Adv. Ms. Rina Singh for Defendant no.2 present.
    Original Ch/s is not submitted by plff.
    Matter is adjd.for  Ch/s reply on 04.07.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Court is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: Adv. Charushila Gorad for Plff.
    Adv. Veena Singh for Deft.no.2
    Ch/s No. 1099/19 is tendered by Plff.
    Reply is tendered by Deft.no.2.
    LO
    Adv S. G. Maheshwari for Deft No.1, reply is filed by Deft No. 1 On CS No.1099/19.  He undertake to serve to the plaintiff.
    Matter is adjd. for argument on ch/s  on 10.10.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: None Plaintiff present.
    Adv Mr. S.G. Maheshwari for deft no. 1 present.
    Adv. Ms. Singh for defendant no. 2 present.
    K.B.L.O. at 3.15 p.m.
    Adv Ms. Surbhi Gujar for plff., prayed for adjournment.
    Matter is adjd.for argument on 21.12.2019.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: Adv.Surabhi Gujar for Plaintiff present and on her request, adj
    Adv. Mr. Maheshwari for Defendant No.1 present.
    Adv. Reena Singh for Defendant No.2 present.
    Adjd. for Ch/s hearing to 17/1/2020.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Advocate Surabhi Gujar for plaintiff is present and requested short adjournment. Request is allowed subject to last chance.
    Advocate S. G. Maheshwari for defendant no.1 is present.
    Advocate Manoj Pande for defendant no.2 is present.
    Adjourned for C/S hearing to 17.02.2020.
    Reason For Adjournment: court time is over
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Advocate Surabhi Gujar a/w. Harish Pawar  for plaintiff is present.
    Advocate Mr. Maheshwari for defendant no. 1 is present.
    Holding Advocate Mr. Umesh Vishwakarma  for defendant no. 2 is present and requested for short adjmnt. Request is allowed.
    Heard argument of  advocate for plaintiff and deft. no.1 on chamber summon no. 1099/19.
    Adjourned for C/S hearing on behalf of defendant no.2 to 20/02/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Advocate Vilas Pai for plaintiff is present.
    Adv. Maheshwari for Deft No.1 is present.
    Court busy in dictating orders in other matter, hence adjourned.
    Adjourned for Ch/s order to 16/4/2020.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None for plaintiff.
    Adv S.G. Maheshwari for defendant present.
    This matter is transferred to this court.
    The sheristedar has informed that original plaint is not on record.
    Matter adjd for CS re-hearing to 15-06-2020 at 2.45 pm
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 08.01.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Both the parties and Adv. are absent.
    Adjd for CH/S hearing on 28.01.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Adv. Surbhi Gujar for the plff is present.
    Adv. S.G. Maheshwari for the deft no. 1 is present.
    On oral request of Adv. for the plff the matter is adjourned for hearing on CH/S No. 1099/19.
    Adjd for hearing on CH/S on 04.02.2021. (Second Session)
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv.Harish Pawar  for plaintiff is present.
    Adv. Maheshwari for defendant no. 1 present.
    Adv. Manoj Pandey for defendant no. 3 present.
    As pointed out by the Sheristedar, the original plaint is not on the record. As per the roznama it shows that on 30.09.2020 the matter is received from another Court to this Court. The then Sheristedar of this Court as well as the then Sheristedar Court Room no.20 and Court Room no. 31 to make submission within two days.
    Matter be kept for directions and CH/S hearing.
    Adjd for directions and CH/S hearing on 01.03.2021. (Afternoon Session)
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Advocate Ms. Surbhi Gujar for the plff present.
    Adv. S. G. Maheshwari for deft no. 1 present.
    Adv. Mr. Manoj Pandey for deft no. 2 present.
    Original plaint is found on 24.02.2021.
    On oral request of Advocate for the Plaintiff, the matter is adjd for hearing on Ch/s on 06.04.2021 at 2.45p.m.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-04-2021
    
    Date: 06-04-2021
    Business: Adv. Pawan Tiwari for plff is present.
    None for defendant.
    On oral request of Adv.for plaintiff matter adjourned for CH/S hearing.
    Matter adjd for CH/S hearing on 26.07.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Matter received from C.R.No.14.
    In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 08.09.2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv. Harish Pawar for the plff is present.
    Adv. S.G Maheshwari for deft no.1 is present.
    Adv. Salim Shaikh for deft no.2 is present.
    Matter adjd for CH/S hearing on 15.11.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to   23/03/2022 for CS Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv. Tiwari for pltff present.
    Adv. Maheshwari for deft no. 1 present.
    It is submitted that deft no. 1 expired on 18/10/2021.  Pursis is filed to that effect.  TOR.  Marked as Exh. 7.
    Adv for deft no. 1 has filed application.  TOR.  Marked as Exh. 8.
    Order below Exh. 8- Production allowed.
    Adv for deft no. 1 filed list of documents.  TOR.  Marked as Exh. 9.
    Matter is adjd to 21/07/2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Pavan Tiwari for plaintiff is present.
    Adv. Aarti Bhoir for defendant no.2 is present.
    The Ld. Adv.for plaintiff tendered draft CH/S a/w affidavit. O- Leave granted to register.
    Matter adjd to 15.09.2022 for hearing of CH/S No. 1099/19 and reply on Ch/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Pawan Tiwari for plaintiff is present and tendered original registered CH/S No.1409/22 a/w affidavit in support of CH/S. T.O.R.
    None present for defendant.
    Matter adjd to 07.11.2022 for CH/S reply and hearing..
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adv. Pawan Tiwari for plaintiff is present.
    Adv. Veena Singh for defendant is present and filed reply.
    Heard both the sides.
    KB for order.
    LO at 4.45 p.m.
    F.R.S.R following order is passed in CH/S No. 1409/22.
                                            ORDER
    Chamber Summons No. 1409/2022 stands allowed and made absolute in terms of prayer clause (a) to (c) subject to payment of cost of Rs.3000/- paid by the plaintiff to defendant no. 2 within 14 days from the date of order.
    Plaintiff to carry out amendment within 14 days.
    Plaintiff has to file amended copy of plaint and it supply to defendants.
    After carrying out amendment issue writ of summons to proposed defendant.
    Chamber summons stands disposed of accordingly.
    Matter adjd to 21.11.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Adv. Pawan Tiwari for plaintiff is present.
    Adv. Pooja Mishra for defendant no.2 is present.
    The Ld.Adv.for plaintiff submitted that the plaintiff has complied with the order dtd. 07.11.2022 by making payment of cost of Rs.3000/- to defendant no.2. He has filed an acknowledgement receipt on record marked as Exh.10.
    On oral request of Ld.Adv.for plaintiff 14 days time extended for carry out the amendment.
    Matter adjd to 05.12.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: None for plaintiff.
    Adv. Pooja Mishra h/f Adv. Manoj Pandey for defendant no. 2 is present.
    Last chance given to plaintiff to carry out amendment else appropriate order will be passed.
    Matter adjd to  17/12/2022 for compliance as last chance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Pawan Tiwari for plaintiff is present.
    Adv. Singh for defendant no.2 is present.
    Heard.
    Matter adjd to 02.02.2023 for further CH/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Harish Pawar for plaintiff is present.
    Adv. Manoj Pandey a/w Adv. Pooja Mishra for defendant no.2 is present.
    Heard both the sides on CH/S No. 1099/19.
    KB LO at 4.30 p.m.
    F.R.S.R following order is passed on CH/S No. 1099/19.
                                             ORDER
    1. Chamber Summons No.1099/2019 stands partly allowed and the plaintiff is only permitted to carry out amendment in the plaint regarding replacing of shop numbers as prayed subject to payment of cost of Rs.1000/- to each defendants.
    2. Plaintiff to carry out amendment within 14 days.
    3. Chamber summons is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106538/2019
    Filing Date: 18-06-2019
    First Hearing Date: 19th June 2019
    Decision Date: 02nd February 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Feb 2023

    Order Details: Chamber summons Pdf Text: 1 Ch/sum. no.1099-19 in Suit no.7484-03 (H.Ct. Suit no. 3950 of 2003) MHCC010060182019 IN THE BOMBAY CITY CIVIL COURT, AT BOMBAY CHAMBER SUMMONS NO.1099 OF 2019 IN SHORT CAUSE SUIT NO.7484 of 2003 IN (HIGH COURT SUIT NO. 3950 OF 2003) Ms Kamala Developers … Plaintiff Vs. Jafferullah Shaikh And Ors … Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 2nd DAY OF FEBRUARY 2023 :Appearances: The…

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