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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Hamuyun Dhanrajgir And Anr - High Court S.J. No.140 of 2012VsBusiness Jet India Pvt Ltd

CNR MHCC01007142201815-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 15th December 2021

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100170/2018
Registration Date
15 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Hamuyun Dhanrajgir And Anr - High Court S.J. No.140 of 2012

    Respondent

    1. 1Business Jet India Pvt Ltd

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 24-07-2018
Business: Adv Mr. Dalal for plff. present.
Adv Ms. Parul Bhatia for deft present.
Ld. Adv for plff. tendered on record original registered Summons for judgement (old)  no. 140/2012 and New  170/2018. TOR . Ld. Adv for deft. tendered on record documents showing deft company has been wound up. TOR. Said set of documents supplied to other side today itself.
Adjd for steps by the plff. on 14.12.2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2018

Date: 14-12-2018
Business: None Present for Plaintiff. Adv. Ms. Bhatiya For defendant Present and Produced copy of order of National Company Law Tribunal Chennai by which all Proceeding are stayed  is t.o.r. and marked as Article-A ORDER  Plaintiff to take Note.
K.B. at.02.45 p.m
L.O. at 03.10  p.m
None Present for Plaintiff.
Adjd 19/03/2019 for steps
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-03-2019

Date: 19-03-2019
Business: Both parties and their advocate are absent.
Adjd for Steps on 17/07/2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Court is on Leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-07-2019

Date: 20-07-2019
Business: P.O. is on Leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Business: None for the Plaintiff.
Adv for deft Ms.Bhatia present.
She submitted photocopy of order passed by NCLT Single Bench Chennai MA/483/2018 in CP/178/IB/CB/2018.
Keep Back.
L.O. at 3.15 pm
Manager of plaintiff present.
Matter is Adjd for Steps to 17.10.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv for plaintiff Mr.Merchand present.
None for the defendant.
Adv for plff requested for adjournment. O-Granted.
Matter is Adjd for Steps to 29.01.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-01-2020

Date: 29-01-2020
Business: None present.
Matter is Adjd for Steps to 21.04.2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2020

Date: 29-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 06.01.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv.Nadim Sharma  for plff present.
Adv. for deft absent.
On perusal of the record and specifically roznama dtd. 23.08.2019 and on perusal of the order passed by NCLT, Chennai. It shows that for deft company, liquidator has been appointed. The Adv.for the plff sought time to make submission in this regard. On his request the matter is adjourned for making submission on said aspect.
Adjd for  submission on 08.02.2021.
Next Purpose: FOR___________________
Next Hearing Date: 08-02-2021

Date: 08-02-2021
Business: P.O. is on Leave
Next Purpose: FOR___________________
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv.Neerav Merchant a/w Adv. Husas Sayyed for plaintiff is present.
None for defendant.
Adv.for plaintiff sought time to take out appropriate application/Chamber Summons for bringing official liquidator of defendant company on record.
Matter adjd for steps to 26.04.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 07.08.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Matter received from C. R. No. 14
Adv Nadeem Shama for plff present.
He tendered draft CS for amendment of plaint for adding official liquidator as deft no. 2.  Leave to register granted.  Copy be served to proposed deft.
Matter stands Adj for CS Service to 28/09/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv Nadeem Shama for plff present.
He tendered CS 952/2021. t.o.r.
Adv Jigar Kamdar appeared for proposed deft no. 2 and undertakes to file VP and CS reply.
Suit is u/o 37 of CPC for recovery of amount.  It be transferred to appropriate Court.
Matter stands Adj for CS Reply to 26/10/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: None present for both parties.
KB
LO
Adv Nadeem Shama present for the plaintiff.
Adv Jigar Kamdar present for the defendant no.2
Adv for proposed defendant no.2 filed VN TOR O- Ld advocate for plaintiff submits that he is seeking instruction from his client whether the suit is to be continued or withdrawn and request for a shorter date. Hence, the matter is adjourned to 29.10.2021.
Matter is adjd to 29.10.2021 compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 26-10-2021
Business: None present for both parties.
KB
LO
Adv Nadeem Shama present for the plaintiff.
Adv Jigar Kamdar present for the defendant no.2
Adv for proposed defendant no.2 filed VN TOR O- Ld advocate for plaintiff submits that he is seeking instruction from his client whether the suit is to be continued or withdrawn and request for a shorter date. Hence, the matter is adjourned to 29.10.2021.
Matter is adjd to 29.10.2021 compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 26-10-2021
Business: None present for both parties.
KB
LO
Adv Nadeem Shama present for the plaintiff.
Adv Jigar Kamdar present for the defendant no.2
Adv for proposed defendant no.2 filed VN TOR O- Ld advocate for plaintiff submits that he is seeking instruction from his client whether the suit is to be continued or withdrawn and request for a shorter date. Hence, the matter is adjourned to 29.10.2021.
Matter is adjd to 29.10.2021 compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Nirav Marchant present for the plaintiff.
None present for the defendant.
Matter is adjd to 23.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2021

Date: 29-10-2021
Business: Adv Nirav Marchant present for the plaintiff.
None present for the defendant.
Matter is adjd to 23.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2021

Date: 29-10-2021
Business: Adv Nirav Marchant present for the plaintiff.
None present for the defendant.
Matter is adjd to 23.11.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Power of Attorney holder is present.
Adv.  Neerav Merchant and Adv. Hubab Sayyed i/b Thakordas and Madgawkar for plaintiff present.
Adv. Mr. Jigar Kamdar and H. Chokshi for proposed defendant is present.
Application filed by advocate for the plaintiff to withdraw the suit unconditionally. It is marked as Exh.9
Today the Power of Attorney of plaintiff No.1  by Shayam Gokuldas Kajariya is present before the Court. He has produced self attested copy of Aadhar-card and verified original Power of Attorney. The present Power of Attorney holder has been identified by advocate of plaintiff. On perusal of Power of Attorney, it appears that the plaintiff have given authority to given to this Power of Attorney to withdraw the suit. The Power of Attorney admits his signature on the application and contents thereof and states that he wants to withdraw the suit unconditionally.  The defendant already cited on record is absent. Therefore, the application be put up for say of defendant
Matter is adjd. to 03/12/2021 for withdraw of the suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-12-2021

Date: 23-11-2021
Business: Power of Attorney holder is present.
Adv.  Neerav Merchant and Adv. Hubab Sayyed i/b Thakordas and Madgawkar for plaintiff present.
Adv. Mr. Jigar Kamdar and H. Chokshi for proposed defendant is present.
Application filed by advocate for the plaintiff to withdraw the suit unconditionally. It is marked as Exh.9
Today the Power of Attorney of plaintiff No.1  by Shayam Gokuldas Kajariya is present before the Court. He has produced self attested copy of Aadhar-card and verified original Power of Attorney. The present Power of Attorney holder has been identified by advocate of plaintiff. On perusal of Power of Attorney, it appears that the plaintiff have given authority to given to this Power of Attorney to withdraw the suit. The Power of Attorney admits his signature on the application and contents thereof and states that he wants to withdraw the suit unconditionally.  The defendant already cited on record is absent. Therefore, the application be put up for say of defendant
Matter is adjd. to 03/12/2021 for withdraw of the suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-12-2021

Date: 23-11-2021
Business: Power of Attorney holder is present.
Adv.  Neerav Merchant and Adv. Hubab Sayyed i/b Thakordas and Madgawkar for plaintiff present.
Adv. Mr. Jigar Kamdar and H. Chokshi for proposed defendant is present.
Application filed by advocate for the plaintiff to withdraw the suit unconditionally. It is marked as Exh.9
Today the Power of Attorney of plaintiff No.1  by Shayam Gokuldas Kajariya is present before the Court. He has produced self attested copy of Aadhar-card and verified original Power of Attorney. The present Power of Attorney holder has been identified by advocate of plaintiff. On perusal of Power of Attorney, it appears that the plaintiff have given authority to given to this Power of Attorney to withdraw the suit. The Power of Attorney admits his signature on the application and contents thereof and states that he wants to withdraw the suit unconditionally.  The defendant already cited on record is absent. Therefore, the application be put up for say of defendant
Matter is adjd. to 03/12/2021 for withdraw of the suit.
Next Purpose: WITHDRAWAL
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: WITHDRAWAL
Next Hearing Date: 15-12-2021

Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: WITHDRAWAL
Next Hearing Date: 15-12-2021

Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: WITHDRAWAL
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Hubal Sayyed i/b Thakordas and Madgavkar for the plaintiff present.
None for defendant.
K.B
L.O.
Adv. Hubal Sayyed i/b Thakordas and Madgavkar for the plaintiff present.
None for defendant.
On last date, verification is already recorded. Accordingly, the Exh.9 alongwith application was kept for say of defendant. But, defendant failed to file. Therefore,  in view of application at Exh.9, permission is granted to plaintiff to withdraw the suit without any prejudice the right of the defendant.
 ORDER
1. In view of the application at Exh. 9, the suit is disposed of as withdrawn unconditionally.
2. Court fee be refunded as per rule.
3. The Suit No.4598 of 2011 alongwith Summons for Judgment  No.170/2018 and Chamber Summons No.952/2021 accordingly, disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 15-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106317/2018
Filing Date: 15-06-2018
First Hearing Date: 24th July 2018
Decision Date: 15th December 2021
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    15 Dec 2021
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
Case No. :SUMMONS FOR JUDGT/0100170/2018
Hamuyun Dhanrajgir And Anr - High Court S.J. No.140 of 2012 Vs Business Jet India Pvt Ltd
Date : 15-12-2021
Business : Adv. Hubal Sayyed i/b Thakordas and Madgavkar for the
plaintiff present. None for defendant. K.B L.O. Adv. Hubal
Sayyed i/b Thakordas and Madgavkar for the plaintiff
present. None for defendant. On last date, verification is
already recorded. Accordingly, the Exh.9 alongwith
application was kept for say of defendant. But, defendant
failed to file. Therefore, in view of application at Exh.9,
permission is granted to plaintiff to withdraw the suit
without any prejudice the right of the defendant. ORDER 1.
In view of the application at Exh. 9, the suit is disposed of
as withdrawn unconditionally. 2. Court fee be refunded as
per rule. 3. The Suit No.4598 of 2011 alongwith Summons
for Judgment No.170/2018 and Chamber Summons
No.952/2021 accordingly, disposed of.
Nature of Disposal : WITHDRAWL
Disposal Date : 15-12-2021
COURT 15 ADDL SESSIONS JUDGE
-- 1 of 1 --
    Order 1
    15 Dec 2021
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 15 ADDL SESSIONS JUDGE
Case No. :SUMMONS FOR JUDGT/0100170/2018
Hamuyun Dhanrajgir And Anr - High Court S.J. No.140 of 2012 Vs Business Jet India Pvt Ltd
Date : 15-12-2021
Business : Adv. Hubal Sayyed i/b Thakordas and Madgavkar for the
plaintiff present. None for defendant. K.B L.O. Adv. Hubal
Sayyed i/b Thakordas and Madgavkar for the plaintiff
present. None for defendant. On last date, verification is
already recorded. Accordingly, the Exh.9 alongwith
application was kept for say of defendant. But, defendant
failed to file. Therefore, in view of application at Exh.9,
permission is granted to plaintiff to withdraw the suit
without any prejudice the right of the defendant. ORDER 1.
In view of the application at Exh. 9, the suit is disposed of
as withdrawn unconditionally. 2. Court fee be refunded as
per rule. 3. The Suit No.4598 of 2011 alongwith Summons
for Judgment No.170/2018 and Chamber Summons
No.952/2021 accordingly, disposed of.
Nature of Disposal : WITHDRAWL
Disposal Date : 15-12-2021
COURT 15 ADDL SESSIONS JUDGE
-- 1 of 1 --

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