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CHAMBER SUMMONS

Trustees of Divarcares ClubVsShri Sagarmal Sermalji Rathor And Ors

CNR MHCC0100862820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st January 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101529/2019
Registration Date
21 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Trustees of Divarcares Club

    Respondent

    1. 1Shri Sagarmal Sermalji Rathor And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-10-2019
Business: PO is on leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Advocate Hemangi Kamdar for Plaintiff present and submitted that Chamber Summons is filed by Plaintiff for issuing public notice against Defendant no.7. She also submitted that on next date she will file reply of NM no.3189/19.
Advocate Vaishali Sharma for Defendant no.2 to 6 present and filed registered Notice of Motion no.3189/2019 with affidavit in support, t.o.r.
Advocate for Plaintiff filed an application for deleting name of Defendant no.1 as Defendant\''s advocate has informed Plaintiff about the death of Defendant no.1.  Copy of death certificate filed with the application shows that Defendant no.1 Sagarmal Shermalji Rathod died on 03/08/2015.  As Defendant no.1 is reported to be dead long back before 4 years and his LRs are not brought on record hence proceedings against Defendant no.1 is already abated. Plaintiff is directed to delete name of Defendant no.1 from the plaint showing that proceedings against Defendant no.1 are abated.
Case is adjourned to 04/02/2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-02-2020

Date: 04-02-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-05-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 13-05-2020

Date: 22-04-2020

Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020

Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020

Date: 13-05-2020
Business: Due to Covid 19 pandemic matters are adjourned as per order.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020

Date: 02-06-2020
Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
Next Purpose: COMPLIANCE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020

Date: 19-06-2020
Business: National Lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Business: Adjourned due to Covid -19.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021 for Ch/s Hearing.
None present for Plaintiffs.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21/01/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Adv Ms. Hemangi Kamdar for plff present.
None present for deft.
Advocate for the plaintiff filed amended plaint at Exh.1-A. She also filed affidavit of service of copy of reply and amended plaint on defendant Nos.2 to 6.
Heard argument of advocate for plaintiff in CS No.1529/2019.
Contention raised in the affidavit filed in support of Ch/s that the postal envelope containing the suit summons issued to defendant No.7 has be returned back with endorsement as “Not known” by the postal department is supported by the postal envelope produced by the plff along with affidavit of service dt.15.12.2018. Considering it, the prayer made in the Ch/s to allow the plaintiff to effect service of writ of summons upon deft No.7 by way of substitute service as prayed can be accepted.
Hence, Ch/s No.1529/2019 is made absolute in terms clause its prayer clause A at the costs of plaintiff.
Matter adjourned for compliance to 20.04.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109191/2019
Filing Date: 21-08-2019
First Hearing Date: 03rd October 2019
Decision Date: 21st January 2021
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Jan 2021
    Order Details: Chamber summons
Pdf Text: IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :CHAMBER SUMMONS/0101529/2019
Trustees of Divarcares Club Vs Shri Sagarmal Sermalji Rathor And Ors
Date : 21-01-2021
Business :
Nature of Disposal : ALLOWED
Disposal Date : 21-01-2021
COURT 9 ADDL SESSIONS JUDGE
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