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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

M/s. Sampatraj Hemchand Jain -Summary Suit No.961 of 2017VsM/s. Siroya Builders and Developers +1 more

CNR MHCC01006588201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 22nd October 2021

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100160/2018
Registration Date
01 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 21-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-10-2018
    
    Date: 15-10-2018
    Business: Court is vacant.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-02-2019
    
    Date: 15-10-2018
    Business: Court is vacant.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: As court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-06-2019
    
    Date: 21-02-2019
    Business: As court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Advocate Sandhya singh for defendant present.
    Adv Suvarna Gambhir for plaintiff present.
    S/J is tendered by adv for plaintiff registered in the month of June 2018.  On perusal of record the S/J is not within limitations as per city civil rules. The defendant too  not filed reply to summons for judgment. The S/J is not supported by application to condone the delay. In such circumstances summery suit is fixed for dismissal of S/J and the suit.
    Adj for dismissal of S/J and suit to 21.09.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-11-2019
    
    Date: 21-09-2019
    Business: Court is on leave.
    Next Purpose: DISMISSAL
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. for plaintiff present.
    Adv. for plaintiff stated that he will file Chamber summons to condone delay.
    Adv. for defendant filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
    Adv. for plaintiff stated that the court was vacant hence he was not filing summons for judgment within time.
    The record shows that after the defendant appeared on 25.09.2017 the court was very much working on 22.12.2017. The plaintiff should have been diligent to file SJ on time.
    Adjd for CS hearing to 10/01/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Adv. Yashpal Jain for plaintiff present.
    Adv. for plaintiff filed original CS No. 2266/19. t.o.r along with affidavit of service. t.o.r. The affidavit shows that the defendants have been served through RPAD as per the track report from website of postal department.
    None for defendant is present.
    Deft is directed to file Chamber summons on next date failing which Chamber summons will be decided without reply of defendant.
    Adjd for Ch/s hearing to 18/02/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Yashpal Jain for plaintiff present.
    Defendant and adv. for defendant absent.
    Heard arguments of Adv. Yashpal Jain for plaintiff.
    Arguments of defendant not heard.
    FRSR the following order is passed in
    Ch/s No. 2266/19
    ORDER
    1. The chamber summons no. 2266 of 2019 is disposed of, as the Summons for Judgment is filed within limitation.
    2. The plaintiff is directed to deposit the cost of Rs. 1,000/- (Rupees One Thousand Only) to District Legal Services Authority.
    The interpreter is directed to see the roznama in CIS and affix the roznamas which are not shown affixed in the file.
    Plaintiff is directed to file original documents.
    Adjd for compliance to 20/04/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-10-2020
    
    Date: 14-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None present.
    Today matter is for SJ hearing.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for SJ hearing to 24-02-2021.
    L.O. at 2.39 pm
    Adv Ankit Pande for plaintiff present.
    Ld Adv for plaintiff states that due to Corona Virus Covid-19 Pandemic, order dated 18-02-2020 passed in CS no. 2266 of 2019 is not complied with. Perused the said order. Plaintiff was directed to deposit costs of Rs.1,000/-. Hence, plaintiff can be permitted to deposit the said costs to the District Legal Service Authority. Hence, plaintiff to comply the said order on or before next date.
    Ld Adv for plaintiff further states that defendant filed reply to the SJ but its copy is not served to the plaintiff. Hence, defendant is directed to serve copy of reply of SJ to the plaintiff, if it is not served earlier.
    Matter adjd for compliance/SJ hearing to 24-02-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv. Suvarna Gambhir for plaintiff present.
    Adv. Ayush Tiwari for defendant present.
    Perused roznama/noting dated 28-01-2021.
    Ex.03   Ld Adv for plaintiff filed application for extension of time for payment of costs t.o.r. O-Time granted till next date as a last chance.
    Ld Adv for plaintiff submitted that copy of SJ reply is received.
    Matter adjd for compliance of costs and SJ hearing to 28-04-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv. Yashpal Jain for plaintiff present.
    L.O. at 3.12pm
    Adv. Ms. Mangonkar for defendant no.1 present.
    Matter adjd for SJ hearing to 04-10-2021.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv. Yashpal Jain for plaintiff present.
    Adv. Mangonkar for defendant present.
    Heard Ld Adv. for both side on SJ.
    Matter adjd for SJ Order to 22.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2021
    
    Date: 04-10-2021
    Business: Adv. Yashpal Jain for plaintiff present.
    Adv. Mangonkar for defendant present.
    Heard Ld Adv. for both side on SJ.
    Matter adjd for SJ Order to 22.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv. Priya Waghmare for plaintiff present.
    None for defendant.
    F.R.S.R. following order in Summons for Judgement no. 160 of 2018 is passed-
                                        ORDER
    1. Unconditional leave to defend the suit is granted to the defendants.
    2.   The defendants shall file their written statement on next date.
    3.   Summons for Judgement No. 160 of 2018 is disposed off.
    4.   Parties to bear their own costs.
    Matter adjd for Filing written statement to 09.12.2021.
    Nature Of Disposal: OTHER
    Disposal Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv. Priya Waghmare for plaintiff present.
    None for defendant.
    F.R.S.R. following order in Summons for Judgement no. 160 of 2018 is passed-
                                        ORDER
    1. Unconditional leave to defend the suit is granted to the defendants.
    2.   The defendants shall file their written statement on next date.
    3.   Summons for Judgement No. 160 of 2018 is disposed off.
    4.   Parties to bear their own costs.
    Matter adjd for Filing written statement to 09.12.2021.
    Nature Of Disposal: OTHER
    Disposal Date: 22-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107194/2018
    Filing Date: 01-06-2018
    First Hearing Date: 21st June 2018
    Decision Date: 22nd October 2021
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    22 Oct 2021

    Order Details: Other Pdf Text: MHCC010065882018 Presented on 01-06-2018 Registered on 01-06-2018 Decided on 22-10-2021 Duration Yrs. M. Days 03 04 21 CNR No. MHCC010065882018 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO.160 OF 2018 SUMMARY SUIT NO.961 OF 2017 M/s. Sampatraj Hemchand Jain, HUF, a Hindu Undivided Family firm, having its office address at 401, Vinayak Darshan, Dadiseth Agyari Lane, Navi Wadi, Mumbai – 400 002. and at M.H. Karbawala & Co., 81, Zaveri…

    Read Full Order
    Order 1Full order available
    22 Oct 2021

    Order Details: Other Pdf Text: MHCC010065882018 Presented on 01-06-2018 Registered on 01-06-2018 Decided on 22-10-2021 Duration Yrs. M. Days 03 04 21 CNR No. MHCC010065882018 EXH. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY SUMMONS FOR JUDGMENT NO.160 OF 2018 SUMMARY SUIT NO.961 OF 2017 M/s. Sampatraj Hemchand Jain, HUF, a Hindu Undivided Family firm, having its office address at 401, Vinayak Darshan, Dadiseth Agyari Lane, Navi Wadi, Mumbai – 400 002. and at M.H. Karbawala & Co., 81, Zaveri…

    Read Full Order

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