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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

M/s. Spartan engineering Industries Pvt LtdVsMilan Tanna

CNR MHCC01007134201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 17th October 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100203/2019
Registration Date
12 Jul 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-09-2019
    Business: Adv. Shradha Surve for plaintiff present.
    Registered SJ no. 203/19 @ affidavit tendered on record by adv. for plaintiff.
    Copy be served to deft.
    Adjd for service of SJ to 14.11.2019.
    LO
    Adv. Munshi for deft present.
    Already adjd. to 14.11.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: None for plaintiff.
    Adv. S.P. Munshi for deft . Present.
    Adjd. for SJ service to 16.01.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. Gaurav for plaintiff.
    Adjd to 07.04.2020 for Service of SJ.
    Next Purpose: SERVICE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: P.O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: As per office order 64/2021
    Adjd to 07-09-2021
    Next Purpose: SERVICE
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. for plaintiff present.
    The matter is adjd  for  service affidavit to 06.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. Gaurav Nyayanit for plaintiff present.  He submits that plaintiff wants to take steps for changing the Constituted Attorney.
    The matter is adjd for taking steps to 26.10.2021.
    L.O. at 01.10 pm.
    Adv. Suwarna Munshi for deft. present.
    The matter is already adjd for taking steps to 26.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: None for plaintiff.
    Adv. Suvarna Munshi for deft. present.
    The matter is adjd for taking steps to 18.11.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Adv. Gaurav Nyayanit for plaintiff present.  He submits that plaintiff wants to take steps for changing constituted attorney.  Hence, the matter is adjd for taking steps to 01.12.2021.
    L.O. at 02.50 pm.
    Adv. Suvarna Munshi for deft. present.
    The matter is already adjd for taking steps to 01.12.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Gaurav Nyayanit for plaintiff present.
    None for deft.
    The matter is adjd for taking steps to 14.12.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. Aditya Shukla i/b. Jagdish Nagar and Associates for plaintiff present.
    None for deft.
    The matter is adjd for steps to 10.01.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: P.O. is on half day leave (First Session).  Hence, matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today''s board.
    Next Purpose: SERVICE
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today\''s board.
    None Present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for taking steps to 10.03.2022
    Next Purpose: SERVICE
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: Adv. Gaurav Nyayanit for plaintiff present.
    K.B.
    L.O. at 04.20 pm.
    Adv. Jagdish Nagar for plaintiff present.  He sought time for taking steps. Time as prayed for is granted.
    The matter is adjd for taking steps to 04.04.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Adv. Gaurav Nyayanit for plaintiff present.
    K.B.
    L.O. at 03.00 pm.
    Adv. Munshi for deft. present.
    Exh.2 - Adv. For deft. filed application for dismissal of suit.
    O. - Other side to say.
    The matter is adjd for say on Exh.2 and taking steps to 13.04.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: None for plaintiff.
    Adv. Munshi for deft. present.
    K.B.
    L.O. at 12.05 pm.
    Adv. Gaurav Nyayanit for plaintiff present.
    K.B.
    L.O. at 03.55 pm.
    Adv. Gaurav Nyayanit for plaintiff present.
    Adv. For plaintiff tendered draft Ch/sum.  Leave to register Ch/sum is granted.
    Plaintiff has taken steps.  Therefore, application at Exh.2 praying to dismiss the suit is rejected.
    The matter is adjd for service of Ch/sum to 07.06.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. Jagdish Nagar for plaintiff present.
    Adv. For plaintiff tendered registered Ch/sum No.655/22. T.O.R.
    K.B.
    L.O. at 02.45 pm.
    Adv. Munshi for deft. present.
    ORDER BELOW CH/SUM NO.655/22
       This Ch/sum is taken out by plaintiff praying for amendment in the plaint for the purposes of substituting name of authorized representative.  Proposed amendment is of formal in nature.  Hence, following order.
    ORDER
    1.   Ch/sum No.655/22 is allowed.
    2.   Plaintiff is directed to carry out necessary amendment within 14 days.
    3.    No order as to costs.
    4.    Ch/sum No.655/22 is disposed of accordingly.
    The matter is adjd for compliance to 20.06.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Jagdish Nagar for plaintiff present.
    K.B.
    L.O. at 04.55 pm.
    No steps are taken.
    The matter is adjd for taking steps to 13.07.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Jagdish Nagar for plaintiff present.
    No steps are taken.
    The matter is adjd for steps to 20.07.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: None for plaintiff.
    Adv. Munshi for deft. present.
    The matter is adjd for steps to 01.08.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv. Gaurav Nyayanit for plaintiff present.
    Adv. Munshi for deft. present.
    K.B.
    L.O. at 01.00 pm.
    Adv. Gaurav Nyayanit for plaintiff present.
    Exh.3 - Adv. For plaintiff filed application for extension of time for carrying out amendment as per order dated 07.06.2022.
    O. - Already sufficient opportunities are granted to plaintiff for carrying out amendment as per order dated 07.06.2022.  However, in the interest of justice, plaintiff is permitted to carry out amendment as per order dated 07.06.2022 within four days.
    The matter is adjd for compliance to 10.08.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: Adv. Gaurav Nyayanit for plaintiff present.
    None for deft.
    The matter is adjd for service of S/J to 12.09.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. Gaurav Nyayanit for plaintiff present.
    Adv. Munshi for deft. present.
    Adv. For plaintiff served copy of S/J No.203/19 to Adv. For deft.
    The matter is adjd for reply to S/J to 21.09.2022.
    Next Purpose: REPLY
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: CORAM - H.H.J. SHRI N. P. TRIBHUVAN, JUDGE, CITY CIVIL COURT (C. R. NO. 32)
    ( Matter pertains to Court No.14. )
    None for plaintiff.
    Adv. Munshi for deft. present.
    Adv. for def. tendered affidavit in reply to S/J. t.o.r.
    The matter is adjd for hearing on S/J. to 03.10.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: The Court is Vacant.
    Hence, The Matter is adjourned.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Court is vacant. Matter is adjourned to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: The court is vacant. Hence, Matter is adjd.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-02-2023
    
    Date: 13-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Court is Vacant. Matter is adjourned to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: As court is vacant. Hence, matter is adjd. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: As court is vacant matter is adjdj. to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: Matter received from C.R.No.14
    Adv. Gaurav Nyanit for plaintiff is present.
    None for defendant.
    Matter is adj for hearing on S.J to  21/08/2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. Jagdish Nagar  for plaintiff is present.
    None present for def.
    Plaint at Exh.1.
    Vakalatnama of Adv for the plff at Exh.1A
    Memorandum of address of the plff at Exh.1B
    List of documents at Exh.1C
    Exh. 4 – Service affidavit a/w returned postal envelope.  Postal remark “Left – dt. 27.08.2022”.
    Ld. adv. for plaintiff pointed out that, the original suit is of the year 2018 and it was converted to Commercial Suit in the year 2021.  The plaintiff had already filed  Summons for Judgment No. 203/2019.  The ld. adv. for def. tendered reply of def. to the said S.J. on 21.09.2022 thereafter, the concerned Court i.e. C.R.No. 14 became vacant.  Then the matter was transferred to this Court. Plaintiff may be permitted to serve/inform the Ld. adv of the def. regarding pendency of the present matter for hearing on S.J.
    O- Perused the previous roznamas.  The Ld. adv. for def. is on record and he had filed reply to S.J. No. 203/2019.  Therefore, Ld. adv. of plaintiff is permitted to serve the ld. adv. of def. for informing him about the present stage of the matter.
    Matter is adj for service affidavit to 18/09/2023.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Adv. Jagadish Nagar   for plaintiff is present.
    Adv.  Swarna Munshi for def. is present.
    During hearing ld. adv of plaintiff explained that the difference in the claim amount mentioned in the prayer of Summons for Judgment and in the amount mentioned in the affidavit in support of S.J. is a typographical error.  He submitted that the amount mentioned in the prayer clause of the S.J. is a typographical error.  The ld. adv of def. submitted that as per her instructions, the def. has already paid for the goods supplied by the plaintiff.
    Heard both sides on S.J.
    Matter is adj for S.J. order to 04/10/2023.
    Next Purpose: ORDER
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Court is on leave. Hence adj.to
    Next Purpose: ORDER
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: Adv. Nyanit for plaintiff is present.
    None present for def.
    As Court is busy in other matters on board. Hence, matter is adjourned.
    Matter is adj for S.J. order to 17/10/2023.
    L.O at 01.45 p.m.
    Adv. Swarna Munshi for def. is present.
    Next Purpose: ORDER
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Adv. Arpita Chopra a/w Jagdish Nagar for plaintiff present.
    KB
    F.R.S.R. Following order is passed.
    ORDER
    1) Summons for Judgment No. 203/2019 is hereby rejected.
    2) The defendnat is granted unconditional leave to defend the suit.
    3) The defendant is directed to file his written statement on the next date without fail.
    4) Summons for Judgment is hereby rejected and disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107505/2019
    Filing Date: 12-07-2019
    First Hearing Date: 09th September 2019
    Decision Date: 17th October 2023
    Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    2
    Final Order 2Full order available
    17 Oct 2023

    Order Details: Copy of Judgment Pdf Text: 1 SJ 203-19 in Comm. SU 673-21 MHCC010071342019 Presented on : 12/07/2019 Registered on : 12/07/2019 Decided on : 17/10/2023 Duration : 04Y/03M/05D IN THE CITY CIVIL COURT AT MUMBAI. (COURT ROOM No.32) SUMMONS FOR JUDGMENT NO.203 OF 2019 IN COMMERCIAL SUIT No.673 OF 2021 M/s. Spartan Engineering Industries Pvt. Ltd. A Private Limited company registered under Indian Companies Act, 1956 with amendment Indian Companies Act, 2013 carrying business at Spartan House Level…

    Read Full Order
    Final Order 1
    17 Oct 2023
    Order Details: Other
    Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
    Case No. :SUMMONS FOR JUDGT/0100203/2019
    M/s. Spartan Engineering Industries Pvt Ltd Vs Milan Tanna
    Date : 17-10-2023
    Business : Adv. Arpita Chopra a/w Jagdish Nagar for plaintiff present.
    KB F.R.S.R. Following order is passed. ORDER 1) Summons
    for Judgment No. 203/2019 is hereby rejected. 2) The
    defendnat is granted unconditional leave to defend the suit. 3)
    The defendant is directed to file his written statement on the
    next date without fail. 4) Summons for Judgment is hereby
    rejected and disposed off accordingly.
    Nature of Disposal : DISMISSED
    -- 1 of 1 --

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