SUMMARY CIVIL SUIT - SUMMARY SUIT
Abhishek KhareVsRachit Suresh Gangar +1 more
CNR MHCC01007084201982-Court 82 Adhoc and Addl Sessions Judge
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 100946/2025
- Registration Date
- 29 Nov 2019
- Next Hearing Date
- 30 Oct 2026
- Case Stage
- AFFIDAVIT OF SERVICE
Advocates
3For Petitioner
For Respondent
Parties
3Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 08-01-2020
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-01-2020
Date: 14-01-2020
Business: Advocate R. P. Shirole for plaintiff is present and filed application for extension of time of writ of summons.
None present for defendant.
Plaint.
V/P
Address Memo
List of documents.
Application for extension of time of writ of summons.
O-Allowed.
Adjourned for writ of summons to 05.02.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Advocate Mr. R. P. Shirole for plaintiff is present and requested short adjournment for filing service affidavit. Request is allowed.
Defendant no. 3 is present and filed memorandum of register address of defendants at Exh. 06.
Adjourned for writ of summons/written statement to 18.02.2020.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-02-2020
Date: 18-02-2020
Business: Advocate Mr. Shirole for plaintiff is present.
Defendant no. 1 in person present and filed two draft NM. Leave is granted to register the same. Copy served on the plaintiff.
Adjourned for NM reply to 16.03.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2020
Date: 16-03-2020
Business: Advocate Mr. Abhimanyu Singh for plaintiff is present and filed Vakalatnama at Exh. 04. and requested short adjournment for filing reply on NM. Request is allowed.
Defendant in person present and filed registered NM Nos. 770/20 and NM No. 771/20.
Adjourned for filing reply on NM of the defendants (NM Nos. 770/20 and 771/20) to 30.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020
Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020
Date: 15-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020
Date: 11-09-2020
Business: Plaintiff absent.
Adv. Mr. Revannath Shirole for plaintiff present.
None present for defendant.
Adjourned for reply on N/M of Defendant N/M No.770/20 and N/M No.771/20 to 14.10.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020
Date: 14-10-2020
Business: Adv. Revannath Shirole for plaintiff present.
None present for defendants.
Adjd. for filing reply to defendant\''s NM No.770/20 and NM No.771/20 and W/S on 03.11.2020.
Next Purpose: REPLY
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Business: Advocate Revannath Shirole for plaintiff is present.
None present for defendant.
Adjourned for filing reply to defendants NM No. 770/20 and 771/20 and filing W.S. to 26.11.2020.
Judge
Next Purpose: REPLY
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 08-12-2020
Date: 08-12-2020
Business: Advocate Siroya for plaintiff is present and requested short adjournment for filing reply. Request is allowed.
None present for defendant.
Adjourned for NM reply to 18.01.2021.
Judge
Next Purpose: REPLY
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Adv. Shirole for plaintiff , prayed for time to file reply on NM No. 770 and 771/20.
None for defendant.
Plaintiff to note both NM are awaiting for reply since 11 months. Adjournment is granted as last chance.
Matter is adjd.to 11-02-2021 for Reply.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 11-02-2021
Date: 11-02-2021
Business: Adv. Mr. R.P. Shirole for plaintiff, submitted reply on NM no. 770/2020 and 771/2020, Adv. Mr. Shirole undertake to serve the copy to deft.
None for defendant
Matter is adjd.to 03.03.2021 for NM hearing.
Next Purpose: HEARING
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: Adv. Mr. R.P. Shirole for plaintiff present.
None for defendant.
Matter is adjd.to 08.04.2021 for hearing on NM no.
770/20 and 771/20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None for both sides.
Matter is adjd to 1.07.2021 for hearing on NM no.770/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2021
Date: 01-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 26.07.2021 for n/m hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Adv.Revannath Shirole for plaintiff present.
None for defendant.
Adjourned to 01.09.2021 for hearing..
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2021
Date: 01-09-2021
Business: Adv. R. P. Shirole for plaintiff present.
None for defendant
The plaintiff has already filed reply to NM No. 770/20 and NM NO. 771/20 on 11/02/2021. Hence, the defendant as well as the plaintiff are directed to argue NM on the next date of hearing as a last chance.
Matter is adjd.to 24-09-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Adv. R. P. Shirole for plaintiff present and submitted that the defendants are remaining absent since long. He further submitted that copies of affidavit in reply are served upon the defendants on 13-02-2021.
He prayed for dismissal of both Notice of Motions filed by the defendants.
None for defendants
On perusal of record, it appears that both NM are pending for hearing since long. The defendants are absent when called till 3.15 pm today. Directions given on previous date i.e. 01-09-2021 are not complied with. Hence, NM No. 770/20 & NM No. 771/20 are dismissed in default.
Proceedings of NM No. 770/20 & NM No. 771/20 are closed.
Matter is adjd.to 09-12-2021 for issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-12-2021
Date: 09-12-2021
Business: Adv. R. P. Shirole h/f Adv. Abhimanu Singh for plaintiff present and filed affidavit of service with original writ of summons and returned closed envelope t.o.r. and marked as Exh.8
Adv. for the defendant is directed to file statement of truth in
support of written statement and both sides are directed to
file affidavit of admission and denial of documents on the
next date of hearing.
Matter is adjd.to 17-01-2022 for filing statement of
truth by defts and admission/denial by both sides.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 17-01-2022
Date: 17-01-2022
Business: Adv. R. P. Shirole for plaintiff present.
None for defendant
Matter is adjd.to 22-02 -2022 for Admission and Denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: Adv. R.P. Shirole for plaintiff present.
Adv. Santosh Kori for defendant present and filed V/P Exh.9.
Matter is adjd. to 4/4/2022 for Admission/denial.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 04-04-2022
Date: 04-04-2022
Business: Adv. R. P. Shirole for plaintiff present.
None for defendant
Matter is adjd.to 26-04-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2022
Date: 26-04-2022
Business: Adv. R. P. Shirole i/b Adv. Abhimanu Singh for plaintiff present and tendered draft C/S with supporting affidavit for amendment in the plaint t.o.r. and Leave is granted to register the C/S.
He also tendered draft NM with supporting affidavit for summary Judgment t.o.r. it be registered as application for summary judgment Order 13 (a) of the C.P.C.. and Leave is granted to register the NM.
None for defendant
Matter is adjd.to 07-06-2022 for filing registered C/S
and filing registered application for summary judgment
Next Purpose: FOR___________________
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. R. P. Shirole for plaintiff present and tendered registered chamber summons No. 725/22 along with affidavit in support and affidavit of service. T.O.R.
Adv. for plaintiff tendered registered Summary judgment no. 12/22 along with affidavit in support and affidavit of service. T.O.R. O- Filed
Adjd for reply to 08/07/2022
Next Purpose: REPLY
Next Hearing Date: 08-07-2022
Date: 08-07-2022
Business: Adv. R. P. Shirole for plaintiff present.
Adv. Santosh Kori for defendant present and seeks time to file reply to chamber summons.
Adjd for Chs reply/ Chs arguments to 22/07/2022
Next Purpose: C/S REPLY
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. R. P. Shirole for plaintiff present.
Adv. Santosh Kori for defendant no.1 present and tendered affidavit in reply to Chs No. 725/22. T.O.R.
Heard adv. Shirole for plaintiff and adv. Mr. kori for defendant no.1 on Chamber summons no. 725/22
Adjd for Chs order to 29/07/2022
Next Purpose: CH/S ORDERS
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. R. P. Shirole for plaintiff present.
None for defendant.
F.R.S.R. following order is passed in Chs No. 725/22
ORDER
1) The Chamber Summons No. 725 of 2022 is made absolute.
2) The plaintiff is allowed to carry out amendment in the plaint as per Schedule-I of the amendment within 15 days from the date of this order.
3) The proceeding of Chamber Summons No. 725 of 2022 is closed.
Matter is adjd.to 12-08-2022 for compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2022
Date: 17-08-2022
Business: BY Praecipe O- Allowed.
Adv. R. P. Shirole for plaintiff present and tendered application for extension of time for carryout amendment. O- Heard. In the interest of justice permission granted to carryout amendment.
Four days time extended.
Already adjd to 24/08/2022
Next Purpose: COMPLIANCE
Next Hearing Date: 24-08-2022
Date: 24-08-2022
Business: Adv. R. P. Shirole for plaintiff present and submitted that he has served copy of amended plaint to defendant and will file affidavit of service on next date.
Adjd for affidavit of service to 17/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-09-2022
Date: 17-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-10-2022
Date: 17-10-2022
Business: Adv. R. P. Shirole i/b Adv. Abhimanyu Singh for plaintiff present.
Adjd for framing issues to 23/11/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 23-11-2022
Date: 23-11-2022
Business: Adv. R. P. Shirole filed vakalatnama for plaintiff NO.2 t.o.r. and marked as Exh. 10 O- Filed
Adv. for plaintiff tendered draft Chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Court is busy in passing order in other suit hence adjourned.
Adjd for framing issues to 19/12/2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 19-12-2022
Date: 19-12-2022
Business: Adv. R P Shirole i/b Abhimanu Singh for plaintiff present and tendered registered CHS 1957 of 2022.
None for defendant
CHS copy served to other side.
Adjd for reply on CHS 1957 of 2022 and SJ hearing on 07.01.2023
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: Adv. R. P. Shirole for plaintiff present.
None for defendant when called.
As per affidavit of service of chamber summons it appears that chamber summons was sent to Adv. for defendant by speed post. It was duly served to Adv. for defendant as per online track report.
Defendant and advocate absent. Hence chamber summon no. 1957/22 to proceed without reply of defendant.
Adjd for Chs hearing to 13/01/2023
Next Purpose: C/S HEARING
Next Hearing Date: 13-01-2023
Date: 13-01-2023
Business: None for plaintiff.
None for defendant.
Case is adjourned for Ch/S hearing to 30-01-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: P.O. is on leave.
Next Purpose: C/S HEARING
Next Hearing Date: 09-02-2023
Date: 09-02-2023
Business: Adv R.P.Shirole for plaintiff present.
None for defendant
As defendant is absent , matter adjd.
Case is adjourned for 21.2.23 for C/S hearing
Next Purpose: C/S HEARING
Next Hearing Date: 21-02-2023
Date: 21-02-2023
Business: None present.
Both parties directed to argue the CS.
Case is adjourned for CS hearing to 04-03-2023.
Next Purpose: C/S HEARING
Next Hearing Date: 04-03-2023
Date: 04-03-2023
Business: None present.
Case is adjourned for CS hearing to 27-03-2023.
L.O. at 3.00 pm
Adv R.P. Shirole for plaintiff is present.
Next Purpose: C/S HEARING
Next Hearing Date: 27-03-2023
Date: 27-03-2023
Business: Adv. R P Shirole for plaintiff present.
None for defendant.
Heard argument of Ld Adv for plaintiff on CHS 1957/22. defendant not filed reply to CHS. Not argued the CHS. Hence matter adjourned for order on CHS.
Case is adjourned to 31.03.2023 for CHS order.
Next Purpose: CS NM ORDERS
Next Hearing Date: 31-03-2023
Date: 31-03-2023
Business: Adv. R. P. Shirole for plaintiff present.
None for defendant.
Court is busy .
Case is adjourned to 13.04.2023 for order
Next Purpose: CS NM ORDERS
Next Hearing Date: 13-04-2023
Date: 13-04-2023
Business: Adv. R.P. Shitole for plaintiff present.
None for defendant.
Court is busy in judgment in commercial Summery No.738/2022.
Case adjourned to 27.04.2023 for Ch/s order.
Next Purpose: CS NM ORDERS
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: Adv. R.P. Shirole i/b Abhimanu Singh for plff is present.
None for defendant.
Court is busy in passing order.
Case is adjourned for CS order to 09-06-2023.
Next Purpose: CS NM ORDERS
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Abhishek Khare Vs Rachit Suresh Gangar
All called, but absent.
Parties to takes step. Else, put for necessary order.
Matter adjourned to 01.07.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 01-07-2023
Date: 01-07-2023
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R. P. Shirole present for plaintiff.
Defendant side called, but absent.
Exh.11- Chamber Summons No.1957/2022
Exh.12- Affidavit in support of Chamber Summons.
Exh.13- Affidavit of service of Chamber Summons.
Exh.14- Summary Judgment No. 12/2022.
Exh.15- Affidavit in support of Summary Judgment No. 12/2022.
Exh.16- Affidavit of service of Summary Judgment No. 12/2022.
Court is busy in recording evidence in Com Suit No.1293/2021, Arguments in Criminal Revision Application No. 680/2022 and dictation in Notice of Motion No. 538/2023.
Court busy in matter pertaining to In-charge Court No.14.
Matter adjourned to 17.07.20223 for order on Ch/s No. 1957/2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R. P. Shirole present for plaintiff.
Defendant side called, but absent.
Steno on leave matter adjourned for orders.
Adjourned to 24.07.2023 for orders on Chamber Summons No. 1957 of 2022.
Next Purpose: CH/S ORDERS
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: Adv. R. P. Shirole present for plaintiff No. 1 and 2.
Court is busy in dictating Judgment in Criminal Appeal No. 231/2019.
Matter adjourned to 01.08.2023 for Chamber Summons Order.
Next Purpose: CH/S ORDERS
Next Hearing Date: 01-08-2023
Date: 01-08-2023
Business: Adv. R.P. Shirole present for plaintiff.
Perused Chamber Summons No. 101957 / 2022 preferred by the plaintiff for amendment of plaintiff to plaintiffs in the Summary Judgment.
The notice of Chamber Summons was issued. Plaintiff has filed affidavit of service at Exh.13 stating that, the notice is duly served on defendant on 03.12.2022.
Perusal shows that, till date, defendants have not filed reply to the Chamber Summons.
Considering the fact that, the proposed amendment is of technical nature and that, it is unchallenged from the side of the defendant, the same deserves to be allowed. Hence, following Order :-
ORDER
1. Chamber Summons No. 101957 / 2022 is allowed.
2. Plaintiff to carry the amendment by next date.
3. Proceedings of Chamber Summons No. 101957 / 2022 is closed.
Matter adjd to 01.09.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-09-2023
Date: 01-09-2023
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R. P. Shirole present for plaintiff.
Defendant side called, but absent.
On oral request of plaintiff matter is adjourned for arguments.
Matter adjourned to 12.10.2023 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-10-2023
Date: 12-10-2023
Business: Abhishek V/s Rachit
Adv. R. P. Shirole present for plaintiff.
Exh.17- Affidavit of service filed by plaintiff stating that, the amended sj is served on defendant 29.08.2023.
Defendant side called, but absent.
Put for argument.
Matter adjourned to 12.12.2023 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-12-2023
Date: 12-12-2023
Business: Abhishek Khare V/s Rachit Gangar
Adv. R. P. Shirole present for plaintiff.
He is seeking oral adjournment to file documents.
Case adjourned to 27.02.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-02-2024
Date: 27-02-2024
Business: Abhishek Khare V/s Rachit Gangar
Adv. R. P. Shirole present for plaintiff.
He is seeking oral adjournment to take steps regarding arguments.
Suit adjourned to 25.04.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-04-2024
Date: 25-04-2024
Business: Abhishek Khare V/s Rachit Gangar
Parties called, but absent.
Parties to argue on Summary Judgment No. 12 / 2022 next date without fail.
Suit adjourned to 18.07.2024 for SJ hearing.
Later on at 13.20 Hrs.
Adv. R P Shirole present for plaintiff.
Suit adjourned to 18.07.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 18-07-2024
Date: 18-07-2024
Business: Abhishek Khare V/s Rachit Gangar
Adv. R. P. Shirole present for plaintiff.
Defendant side called, but absent.
Exh.18 - Written arguments filed by plaintiff on Summary Judgment.
Exh.19 - List of documents filed by plaintiff.
Defendant to take steps regarding written submission.
Suit adjourned to 14.08.2024 for written arguments.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-08-2024
Date: 14-08-2024
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R P Shirole present for plaintiff.
Defendant side called, but absent.
Defendant granted last opportunity to file written arguments, if any. Else put for Orders.
Suit adjourned to 29.08.2024 SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2024
Date: 29-08-2024
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R P Shirole present for plaintiff.
Defendant side called, but absent.
Perused roznama dt. 14.08.2024.
Defendant failed to file Written arguments on Summons for Judgment.
Suit is adjourned for Orders on Summons for Judgment
Suit adjourned to 21.09.2024 for SJ Order.
Next Purpose: ORDER
Next Hearing Date: 21-09-2024
Date: 21-09-2024
Business: Abhishek Khare Vs Rachit Suresh Gangar.
Adv. R.P. Shirole present for plaintiff.
Court working as incharge Court for Court Room No. 14 and Court Room No. 32.
Court busy in recording evidence in Commercial suit No.571 of 2024 and arguments in other suit.
Suit adjourned to 16.10.2024 for order.
Next Purpose: ORDER
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R P Shirole present for plaintiff.
Paucity of time with Court.
Suit adjourned for Order.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 22.10.2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: Abhishek Khare Vs Rachit Suresh Gangar
Adv. R P Shirole present for plaintiff.
Defendant side called, but absent.
Plaintiff to argue regarding emails and confirmation letter.
Parties are directed to e-file all their respective pleadings, documents in OCR compatibility.
Suit adjourned to 28.11.2024 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-11-2024
Date: 28-11-2024
Business: Abhishek Khare Vs Rachit Suresh Gangar
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to comply previous date roznama.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 03.01.2025 for arguments.
Later on at 16.09 Hrs.
Adv. R P Shirole present for plaintiff.
He tendered soft copies of pleadings through pendrive.
Suit adjourned to 03.01.2025 for arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 03-01-2025
Date: 03-01-2025
Business: Abhishek Khare Vs Rachit Suresh Gangar
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to comply Roznama Order dt. 22.10.2024, regarding arguments on emails and confirmation letters.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 03.03.2025 for arguments.
Later on at 12.09 Hrs.
Adv. R P Shirole present for plaintiff.
Suit adjourned to 03.03.2025 for arguments.
Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2025
Date: 03-03-2025
Business: Adv. R. P. Shirole for plaintiff present.
None present for defendant.
Heard the Ld advocate for the plaintiff.
KB at 03.00 pm for argument of the defendant.
Adv. R. P. Shirole for plaintiff present.
None present for defendant.
Matter stands Adj for order on 15-03-2025.
Next Purpose: ORDER
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: None present for plaintiff.
None present for defendant.
Kept back
Later on at 12.40 pm
Adv. R. P. Shirole for plaintiff present.
Ld. advocate appearing for the plaintiff seeks oral adjournment for taking effective steps for getting this suit re-registered as Summary Suit.
On the oral request of the adv. for the plaintiff, matter stands Adj for effective steps on 26-03-2025.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-03-2025
Date: 26-03-2025
Business: Adv. R. P. Shirole for plaintiff present.
Adv for the plaintiff filed draft Notice of Motion along with affidavit in support. TOR.
O. Leave is granted to register the same.
Copy be served to other side.
Matter stands Adj to 03-04-2025 for filing affidavit of service and registered NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2025
Date: 03-04-2025
Business: Adv. R. P. Shirole for plaintiff present.
None present for defendant.
Advocate for the Plaintiff tendered the registered Notice of Motion No.1935/2025 along with affidavit in support. TOR
On the oral request of the adv for the plaintiff, matter stands Adj for affidavit of service/argument on NM on 07-04-2025.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2025
Date: 07-04-2025
Business: Adv. R. P. Shirole for plaintiff present.
Exh. Affidavit of service filed by the plaintiff in respect of NM No.1935/2025.
O. Seen.
Order on Exh.
Perused affidavit and annexures. Heard Ld. advocate for the plaintiff who by placing the reliance upon the decision of the Hon'ble High Court in the case of Udhav Baliram Adawale v/s Babruwan Papanarsh Gaikwad in Writ Petition No.293/2016 dated 25.07.2017 submitted that 'intimation posted or unclaimed' is a good service in the eye of law and therefore, the notice of motion be proceeded against the defendants No.1 to 3.
In the cited case supra, vide para No.14, the Hon'ble High Court after considering the provisions of section 27 of the General Clauses and Section 114 of the Evidence Act has held by though the presumption is available for refusal of the postal articles containing summons, however, the presumption can not be drawn when the postal article containing writ of summons or notice of the court issued by RPAD is returned with a remark 'intimation posted' and 'not claimed' or unclaimed and the same can not be accepted as a good service. In view of, what has been held in the cited case supra, the argument as canvassed by the Ld advocate appearing for the plaintiff is misconceive missing is rejected. The plaintiff to take steps to serve the notice of motion upon the defendants in accordance with law and file affidavit of service.
Matter stands Adj to 12-06-2025 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: Court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-07-2025
Date: 05-07-2025
Business: Matter pertains to C. R. No.31
Adv. R. P. Shirole for plaintiff present.
None present for defendant.
Exh.21 Affidavit of service filed by the plaintiff in respect of NM No.1935/2025.
O. Seen.
Matter stands Adj to 19-07-2025 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-07-2025
Date: 19-07-2025
Business: Adv. R. P. Shirole for plaintiff No.2 present.
As per affidavit of service Exh.20 and 21 defendants were served the copy of Notice of Motion as tracking report shows endorsement ‘item delivered’ intimation served. Till this date reply on NM is not filed. Hence, NM shall heard without reply of defendant.
Matter stands Adj to 08-10-2025 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 08-10-2025
Date: 08-10-2025
Business: As Court is busy in administrative work and recording evidence in Com Sum Suit 763/2024. Hence, board from Sr. No.34 to 64 is discharged.
Matter stands Adj to 09-12-2025 for NM argument.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 09-12-2025
Date: 09-12-2025
Business: Adv. R. P. Shirole for plaintiff present.
None present for defendant.
Argument of Ld. Advocate for plaintiff heard on NM. Copy of Notice of Motion is duly served on defendants No.1 to 3 but none filed reply. Hence, proceed to decide notice of motion on merit.
Kept back.
Order on Notice of Motion No.1935/2025.
Heard advocate for plaintiff. Perused affidavit annexed with notice of motion and plaint as well. Its a suit instituted by a Law Firm/Proprietor of Law Firm to recover the amount i.e fees from defendant No.1 to 3. It is contention of plaintiff that said dispute is not covered u/s 2 (1)(c) of the Commercial Court Act as a Commercial dispute. So advocate for plaintiff requested for an order to re-register suit as Summary Suit under Order 37 of the Code of Civil Procedure.
Nature of transaction/suit is such that it does not fall under Section 2 (1)(c) (i) to (xxii) of the Commercial Court Act. Needless to say, present suit require re-registration as Summary Suit. Hence, I find substance in the submissions made by Ld. Advcoate for plaintiff. Grounds are satisfactory. Notice of Motion succeed. Resultantly follwing order is passed.
ORDER
1. Notice of Motion No.1935/2025 is allowed.
2. 09-01-2026 Present suit be registered as Summary Suit and it be re-assigned to appropriate Court.
3. Record and Proceeding of this Suit be sent to Board Department for compliance.
4. Registrar of City Civil and Sessions Court is directed to get this suit re-register as Summary Suit and allot it to appropriate Court.
5. Disposed Notice of Motion shall form part of Record and Proceeding.
6. Parties are directed to appear before the Court on 22-01-2026 to whom matter will be newly assigned.
7. Advocate for plaintiff is directed to apprise defendants and their advocate about this order.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-01-2026
Date: 22-01-2026
Business: As the Court is busy in R/E of 25 yrs old matter Suit No.8515/92 and Argument in Suit No. 6815/01 and Sessions Matters board, hence, rest of the board stands discharged.
Matter stands adjourned to 23-06-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2026
Date: 23-06-2026
Business: P. O. is on leave.Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-07-2026
Date: 30-07-2026
Business: Plaintiff absent. Adv. Bindu Parekh for plaintiff present and file application for converting Commercial Suit into the Summary Suit TOR. O- seen and filed. None present for defendant.
Matter adjourned to 03-09-2026 for steps.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2026
Date: 03-09-2026
Business: Plaintiff absent. Adv. R. P. Shirole for plaintiff present and tendered on last date application stating the compliance of order dated 09.12.2025 today it is TOR and marked as Exh.22
Order below Exh.1
It appear that the plaintiff has filed Commercial Suit. As per record in the said Commercial Suit matter was pending for Summary Judgment No. 12 of 2022 (Exh.15). Thereafter, on 19.12.2025 Honble Add. Session Judge passed order, it reflex that said Commercial Suit not tenable, direction given to the plaintiff to re-registered suit as Summary Suit under order 37 of CPC. Recording and proceeding of this Suit sent to the Board Department for the compliance and allot the same to the appropriate Court. Further direction given to the plaintiff Advocate to apprise the defendant and Advocates about this order. It appear that the track record of speed post along-with Exh.22 discloses that intimation given to the defendant Advocate about the said order. The plaintiff have complied the direction of passed in Notice of Motion No. 1935 of 2025.
Now, as per above direction the suit is re-registered as Summary Suit, the plaintiff Advocate has apprise the defendant Advocate about the order. May it be, once Summary Suit is registered, writ of summons is to be issued against the defendants under order 37 Rule 2 of CPC.
Issue writ of summons to the defendants.
Matter adjourned to 30.10.2026 for filing affidavit of service.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-10-2026Additional Case Details
Additional Case Details
Filing Number: 107580/2019 Filing Date: 09-07-2019 First Hearing Date: 08th January 2020 Court Number And Judge: 82-Court 82 Adhoc and Addl Sessions Judge
Orders
2Interim Order 120 Oct 2021
20 Oct 2021
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100239/2021 SBI Commercial and International Bank Ltd. Vs Kiran Ravi Chandvankar Date : 20-10-2021 Business : None for plaintiff. In this suit, the plaintiff and his adv. are absent since long. No steps are taken for service of writ of summons upon the defendant. As per order on Exh. 3 dtd. 08-11-2019. Hence, Commercial Suit No. 239/21 is dismissed in default under Order IX Rule 2 of the C.P.C.. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 20-10-2021 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 120 Oct 2021
20 Oct 2021
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100239/2021 SBI Commercial and International Bank Ltd. Vs Kiran Ravi Chandvankar Date : 20-10-2021 Business : None for plaintiff. In this suit, the plaintiff and his adv. are absent since long. No steps are taken for service of writ of summons upon the defendant. As per order on Exh. 3 dtd. 08-11-2019. Hence, Commercial Suit No. 239/21 is dismissed in default under Order IX Rule 2 of the C.P.C.. Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 20-10-2021 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --
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