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CHAMBER SUMMONS

Prashant Prabhakar ShelkeVsShrikant Gupta Prop. Of M/s. R.S. Fabrics

CNR MHCC01006789201928-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 24th February 2020

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101211/2019
Registration Date
05 Jul 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: 20-07-2019
    Business: court is on leave.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Adv. for plaintiff present.
    KB
    LO
    Plff present. Adv. Bindra for plaintiff present.
    Adjd. to 05.10.2019 for reply
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Prasad Pathare for plaintiff present.
    None for deft.
    Heard adv. for plaintiff on ch/s.
    KB
    LO
    Adv. Pandey for deft. Present.
    Heard on Ch/s
    Adjd. to 05.11.2019 for compliance.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Anmas for plaintiff present.
    Adv. Pramod Pandey for deft. Present.
    Court is busy in passing order in other matter, hence adjd. to 13.12.2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Ms. Alamas present for the plff.
    None present for the Deft
    Adj. For Re-argument on CS 1211/19 on 07/02/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Pathare for plaintiff
    Adv. Pandey for defendant
    The defendant refused to file his reply to Ch/s 1211/19. Hence, the ch/s to proceed without reply of the defendant.
    Heard arguments on behalf of both the parties on Ch/s, the defendant resisted contending that there cannot be amendment to the Summons for Judgment.
    Adjd for order of Ch/s to 24-02-2020
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Pathare for plaintiff
    Adv. Shah for defendant
    Heard arguments on behalf of both the parties on the chamber summons. The amendments sought are requesting to carry out corrections in numbers of the amounts and consequential amendments. The plaintiff is reducing the claim. Considering the contents of the Chamber summons and the arguments the amendment is necessary so as to have clear and correct figures of the amounts without any miscalculations. Therefore, the amendment is necessary to determine material controversy between the parties. The same will no change nature of the suit. As regards the amendment in summons for judgment, the Ld advocate for defendant argued that amendment cannot be carried out in the summons for judgment. However, the summons for judgment is part and parcel of the proceeding. By use of inherent powers amendments can be permitted in the summons for judgment also. Considering these circumstance ch/s is allowed, permission is granted to carry out amendments as prayed in the plaint as well as the summons for judgment. The plaintiff to carry out the amendment on or before next date. On carrying out the amendment the question regarding refund of court fees be considered. The plaintiff to serve the copies of amendments or to carry out amendments in the copies of the defendants.
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 107291/2019
    Filing Date: 05-07-2019
    First Hearing Date: 20th July 2019
    Decision Date: 24th February 2020
    Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Feb 2020

    Order Details: Other Pdf Text: 52 Dt: 24.02.2020 SUM 133/17 @ CHS 1211/19 @ SJ 166/17 ...SUM 133/17 @ CHS 1211/19 @ SJ 166/17 CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28) Adv. Pathare for plaintiff Adv. Shah for defendant Heard arguments on behalf of both the parties on the chamber summons. The amendments sought are requesting to carry out corrections in numbers of the amounts and consequential amendments. The plaintiff is reducing the claim. Considering the contents of the Chamber…

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