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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Bajranglal Eriwal HUF through its Karta Bajranglal EriwalVsSilver Arch Builders and Promoters

CNR MHCC01008794201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 09th October 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100224/2019
Registration Date
23 Aug 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: 24-09-2019
    Business: P.O is on leave. Adjd to 23/10/19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. O.P. Soni for plaintiff present.
    Adv. Saurabh Chitnis for deft. Present.
    Adjd. for SJ to 19.01.2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-01-2020
    
    Date: 19-01-2020
    Business: wrongly on holiday
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. .O.P. Soni for plaintiff.
    Adv. Saurabh chitnis for defendant.
    The registered SJ is not filed by the plaintiff.
    On the request of plaintiff adjd for filing of registered SJ to 24.02.2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. O.P.Soni for plaintiff
    Adv.Saurabh chitnis for defendant filed registered NM 763/20 @ affidavit and reply to Summons for Judgment. Copy of NM is served to other side.
    Adjd for reply to NM to 12-06-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. O.P.Soni for plaintiff filed Original SJ No.224/19 @ Affidavit.
    Adv. For plaintiff also filed reply to NM 763/20.
    None for defendant.
    Adjd for NM Hearing to 20-04-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: As per office order
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv Mangesh Sawant present for plaintiff.
    None present for the defendant.
    KB
    Adjd for NM Hearing.
    Plaintiff is directed to serve the copy of reply to the defendant.
    Matter is adjd to 29.10.2021 NM hearing.
    LO
    Adv O.P.Soni present for the plaintiff.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv Mr.O.P.Soni present for the plaintiff.
    None present for the defendant.
    Ld advocate for the plaintiff submits that he has served the copy of reply upon defendant. Defendant is not appearing for hearing since long. Matter is lastly adjourned to 29.11.2021 for hearing of NM. If defendant fails to appear and argue, the NM shall be dismissed and the suit shall proceed further.
    Matter is adjd to 29.11.2021 for NM hearing.
    LO
    Adv Saurabh Chitnis present for the defendant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. O. P. Soni for plaintiff present.
    Adv. V. Nair i/b Adv. Milind Naik for defendant present.
    Matter is adjd. to 13/01/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: The suit is posted for NM hearing. In view of SOP, office Order No.07/22 dated 07/01/2022 parties and advocates are directed to attend virtually.
    Matter is adjd. to 14/03/2022 for  NM/SJ hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. O.P. Soni for plaintiff present.
    Adv. Saurabh Chitnis for defendant.
    On the request of both advocate.
    Matter is adjd. for NM and SJ  hearing to 29-04-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 29-04-2022
    
    Date: 29-04-2022
    Business: None for plaintiff.
    Advocate Vinay Nayer for defendant present.
    Matter is adjd. NM/ SJ Hearing to 22-07-2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: COURT IS VACANT
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: As court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-11-2022
    
    Date: 16-11-2022
    Business: Matter pertains to C.R No.15
    Adv. Ms. Avasia I/b Mulla and Mulla Company for plaintiff present.
    None for deft.
    Advocate for pltff tendered original register S.J. No.146/22 and Rejoinder to S.J t.o.r.
    Matter Adjd for S.J. hearing 31.01.2023.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: Wrongly on board.
    Matter is already adj to 01.02.2023
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv.O.P.Soni for plaintiff present.
    Adv.Saurabh R. Chitnis h/f Adv.Mangesh Sawant for defendant present.  He submits that advocate Mangesh Sawant, who handles the matter is on leave owing to his marriage.
    Considering the reason, matter is adj to 13/03/2023 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.O.P.Soni for plaintiff present.
    Adv.Mangesh Sawant i/b Adv.Milind Nair for defendant present.
    Heard both the sides on N/M No.763/2020.
    F.R.S.R following order is passed on N/M No.763/2020.
    ORDER
    1.Notice of Motion No.763 of 2020 is allowed subject to cost of
    Rs.4,000/-(Rupees Four Thousand only) in terms of prayer clause (a), which reads as under.
    (a) The delay of 131 days in applying/making an application for leave to defend for and on behalf of the defendant in the present proceedings, may kindly be condoned.
    2.Defendant to pay cost to the plaintiff within two weeks from the date of this order.
    3.On compliance of condition as to cost, reply filed by the defendant be taken on record.
    4.Notice of Motion No.763 of 2020 is disposed of accordingly.
    Matter is adj to 13/06/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. O. P Soni for plaintiff present.
    Adv. Saurabh Chitnis for defendant  present.
    Application filed by the plaintiff for permission to comply the order of payment of the costs. TOR.  It is marked as Exh-6.
    Order below Exh-6
    Perused the application. Heard both sides. Counsel for the defendant submits that plaintiff is delaying the matter. Certainly, when the delay in filing the application for leave to defend was condoned by imposing the costs, the plaintiff should have complied the said order promptly, but, he again made the delay in complying of the said order. However, application is allowed in the interest of justice and permitted to pay the costs to the plaintiff, but, subject to costs of Rs. 500/-. The defendant to pay the previous costs and today\''s costs to the plaintiff today only.
    Matter is adj to 06.09.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. O. P. Soni for plaintiff is present and filed rejoinder to reply of SJ. TOR.
    Adv. Saurabh R. Chitnis for defendant is present and stated to have received the copy of rejoinder to reply of SJ.
    Both the parties submits that settlement talks is going on between the parties.
    Matter is adj to 08.03.2024 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-03-2024
    
    Date: 08-03-2024
    Business: Matter is wrongly adjourned on holiday i.e. on 08.03.2024. Hence, it be taken on next working day i.e. on 11.03.2024.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Rashmi D. More i/b Milind Nar for defendant is present.
    Matter is old. Parties are given last chance for filing original documents and hearing on Summons for judgment.
    Matter is adj to 18.04.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: The plaintiff and his advocate are absent.
    Adv. Zeus Fernandis i/b Milind Nahar for defendants is present.
    The plaintiff was given last chance to file the original documents. The plaintiff failed to file the original documents. However, counsel for the defendant submitted short may be given to file documents.
    Matter is adj to 03.05.2024 for filing original documents and hearing on Summons for judgment.
    Adv. R. R. Nair for plaintiff is present.
    Matter is adj to 03.05.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-05-2024
    
    Date: 18-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Zeus Fernandis i/b Milind Nahar for defendants is present.
    The plaintiff was given last chance to file the original documents. The plaintiff failed to file the original documents. However, counsel for the defendant submitted short may be given to file documents.
    Matter is adj to 03.05.2024 for filing original documents and hearing on Summons for judgment.
    Adv. R. R. Nair for plaintiff is present.
    Matter is adj to 03.05.2024 for filing original documents and hearing on Summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. O. P. Soni for plaintiff is present.
    The defendant and his counsel are absent.
    Keep back.
    Later on at 1.46 pm
    Adv. O. P. Soni for plaintiff is present and filed original document along with list. Taken on record. It is marked as Exh-6.
    The defendant and his counsel are absent.
    Heard counsel for the plaintiff on Summons for judgment.
    Matter is adj to 10.06.2024 for hearing on Summons for judgment by the defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Court is on half day leave(first session).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. O. P. Sony for plaintiff is present.
    Adv. Zico Fernandes for defendant is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 31/07/2024 for hearing on SJ by defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 31-07-2024
    
    Date: 31-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shalini Acharya h/f Adv. O. P. Soni for plaintiff is present.
    The defendant and his counsel are absent.
    The defendant failed to argue on the Summons for judgment. Hence, Matter is adj to 16.08.2024 for order on Summons for judgment.
    Later on at 12.31 pm
    Adv. Saurabh R. Chitnis i/b Adv. Milind Nar for defendants is present and filed written notes of arguments of Summons for judgment. The defendant is directed to serve copy to the other side.
    Matter is adj to 16.08.2024 for reply by plaintiff/ order on Summons for judgment.
    Next Purpose: REPLY
    Next Hearing Date: 16-08-2024
    
    Date: 16-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. O. P. Soni for plaintiff is present.
    Adv. Saurabh Chitnis for defendant is present and served the copy of notes of arguments to other side.
    Matter is adj to 02.09.2024 for reply on arguments by plaintiff
    Next Purpose: REPLY
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Adv. Rashmi D. More i/b Adv. Arun Panikar for defendant is present.
    Keep back.
    Later on at 1.39 pm
    Adv. O. P. Soni for plaintiff is present.
    Adv. Rashmi D. More i/b Adv. Arun Panikar for defendant is present.
    Heard counsel for plaintiff on Summons for judgment and citations.
    Matter is adj to 23.09.2024 for Order on Summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 23-09-2024
    
    Date: 23-09-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. O. P. Soni for plaintiff is present.
    Adv. Vinay Nair i/b Adv. Arun Panikar for defendants is present.
    Keep back.
    Court is busy in dictating order in NM No.3975/23, NM 1689/24, CS No.1062/24, CS No.686/24 and CS 1451/23.
    Matter is adj to 09.10.2024 for Order on summons for judgment.
    Next Purpose: ORDER
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. O. P. Soni for plaintiff is present.
    Adv. Rashmi D. More i/b Adv. Arun C. Panickar for defendant is present.
    FRSR following order is passed on SJ No.224/19
    Order
    1) Summons for Judgment No. 224/2019 in Summary Suit No. 1300/2018 is disposed off  as follows
    (a) Leave to defend the suit is granted to defendant subject to condition that he shall deposit principal amount within 60 days from the date of this order.
    (b) Defendant will be at liberty to file his written statement on record within 30 days after depositing amount.
    2) After depositing amount by defendant, it be deposited in fixed deposits in any Nationalized bank as per law.
    3)No order to costs.
    4)Summons for Judgment No. 224/2019 is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 09-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109291/2019
    Filing Date: 23-08-2019
    First Hearing Date: 24th September 2019
    Decision Date: 09th October 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Oct 2024

    Order Details: Other Pdf Text: MHCC010087942019 Presented on 23/08/2019 Registered on 23/08/2019 Decided on 09/10/2024 Duration 05Y: 01M: 17D IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 224 OF 2019 IN SUMMARY SUIT NO. 1300 of 2018 Bajranglal Eriwal HUF through its Karta ] Bajranglal Eriwal, Age: 70 yrs. ] Having address at Dharnidhar Vastu Vaibhav,] 10th Floor, 138, Senapati Bapat Marg, ] Matunga (W), Mumbai-400 016. ]...Plaintiffs VERSUS Silver Arch Builders and Promoters ] A…

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