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CHAMBER SUMMONS

Ms.Rashna Ratan Surveyour and Anr.VsWestcoast Builders Pvt. Ltd. and Anr.

CNR MHCC01009012201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd November 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101597/2019
Registration Date
29 Aug 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 09-12-2019
Business: HHJIS ON TRANING AT UTTAN
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2020

Date: 09-12-2019
Business: HHJIS ON TRANING AT UTTAN
Next Purpose: C/S REPLY
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Adv. Retiwala for plaintiff present.
Adv. Kothari for defendant no.1 present.
Adv. for plaintiff filed reply. t.o.r. O-seen.
Matter adjd for CS Hearing on 30/01/2020 at 02.45 pm.
Next Purpose: C/S  HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Retivala for plaintiff present.
Adv. Kothari  for defendant no 1  present.
Adv. Nanavati for defendant no. 2 present.
Heard argument of both sides advocates. The Ld. Adv. appearing from defendant no. 1 relied upon two citation of the Hon\''ble Bombay High Court 1) Dated 07th April 2014 Suit No. 3598/1996 and dated 15th June 2015 in Chamber Summon (L) No. 1678/ of 2014 in Suit No. 1373/1992.
The Ld . Adv. appearing for defendant no.2 submits that defendant no. 2 has not received affidavit of examination in chief and documents.  The Ld. Adv. appearing for plaintiff is ready to provide the same.  Hence the plaintiff is directed to provide copy of evidence of examination Chief and documents to the defendant no. 2.
Matter adjd for order on Ch/S to  02/03/2020 at 02.45 PM.
Next Purpose: CH/S ORDERS
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None for plaintiff.
Adv. Satardekar for defendant no.1 present.
Court busy in hearing on SU 305/2020, SU 306/2020 and SU 2331/19. Hence matter adjourned for CS order.
Matter adjd for CS order to 21-03-2020 at 2.45 pm.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-03-2020

Date: 02-03-2020
Business: None for plaintiff.
Adv. Satardekar for defendant no.1 present.
Court busy in hearing on SU 305/2020, SU 306/2020 and SU 2331/19. Hence matter adjourned for CS order.
Matter adjd for CS order to 21-03-2020 at 2.45 pm.
Next Purpose: CH/S ORDERS
Next Hearing Date: 21-03-2020

Date: 21-03-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-04-2020

Date: 21-03-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-05-2020

Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-06-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: CH/S ORDERS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: CH/S ORDERS
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-10-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CH/S ORDERS
Next Hearing Date: 22-10-2020

Date: 22-10-2020
Business: Due to Covid-19 matter is adjd time to time on 21-03-2020, 20-04-2020, 11-05-2020, 30-05-2020, 17-06-2020, 20-08-2020 and today this matter is posted for CS order.
None present.
Court is busy in dictating judgement in SU 136/17 and hearing BA  in SC 693/19.
Matter adjd for CS order to 26-11-2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-12-2020

Date: 26-11-2020
Business: Court is on leave.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-12-2020

Date: 05-12-2020
Business: None present.
Today matter is posted for CS order.
Court is busy in framing issues in SU 1661/18, SU 1662/18, SU 1663/18, SU 1659/18 and other matters.
Steno is on leave.
Matter adjd for CS order to 16-12-2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2020

Date: 05-12-2020
Business: None present.
Today matter is posted for CS order.
Court is busy in framing issues in SU 1661/18, SU 1662/18, SU 1663/18, SU 1659/18 and other matters.
Steno is on leave.
Matter adjd for CS order to 16-12-2020.
Next Purpose: CH/S ORDERS
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None present.
Today matter is for CS order.
Court is busy in hearing in MA 12/2020, dictating exparte judgment in SU 1807/2019 and other matters.
Matter adjd for CS order to 05-01-2021.
Next Purpose: CH/S ORDERS
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Nobody present.
Adjd for Ch/s hearing to 12/02/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Nobody present.
Adjd for Ch/s hearing to 04/03/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Nobody present.
Adjd for Ch/s hearing to 20/03/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Nobody present on behalf of plaintiff and defendant.
The chamber summons is pending since 2019. The suit is pending since 1983. The parties are not appearing to argue the chamber summons and it is prolonged on the ground of hearing of chamber summons. Therefore plaintiff as well as defendant are directed to argue chamber summons on next date failing which chamber summons will be decided without their arguments.
Adjd for Ch/s hearing to 03/04/2021
Next Purpose: C/S  HEARING
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 03-05-2021

Date: 03-04-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 29-07-2021

Date: 03-05-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: C/S  HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Board is discharged
Next Purpose: C/S  HEARING
Next Hearing Date: 29-09-2021

Date: 06-09-2021
Business: Board is discharged
Next Purpose: C/S  HEARING
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: As the board is discharged, matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-10-2021

Date: 29-09-2021
Business: As the board is discharged, matter is adjourned.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 23-10-2021

Date: 16-10-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 16-12-2021

Date: 23-10-2021
Business: Court is vacant
Next Purpose: C/S  HEARING
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2022

Date: 16-12-2021
Business: Court is Vacant.
Next Purpose: C/S  HEARING
Next Hearing Date: 23-02-2022

Date: 23-02-2022
Business: COURT IS VACANT
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2022

Date: 23-02-2022
Business: COURT IS VACANT
Next Purpose: C/S  HEARING
Next Hearing Date: 05-04-2022

Date: 05-04-2022
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 05-04-2022
Reason For Adjournment: court time is over
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: None for plaintiff
Adv. Kothari for defendant no.1 is present.
The suit is very old and it is pending for hearing on C/S.
Both the parties are directed to proceed with C/S on next date.
Matter is adjd for C/S hearing to 12/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-08-2022

Date: 27-07-2022
Business: None for plaintiff
Adv. Kothari for defendant no.1 is present.
The suit is very old and it is pending for hearing on C/S.
Both the parties are directed to proceed with C/S on next date.
Matter is adjd for C/S hearing to 12/08/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Matter called out at 3.19 pm
Adv Tasheem Vohra H/f Duraiya Retiwala for plff present
Adv  for Defendant present
Adv for plff requests time.  Other side has no objection.  Granted.
Matter is adjd on 26.09.2022 for C/s Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-09-2022

Date: 12-08-2022
Business: Matter called out at 3.19 pm
Adv Tasheem Vohra H/f Duraiya Retiwala for plff present
Adv  for Defendant present
Adv for plff requests time.  Other side has no objection.  Granted.
Matter is adjd on 26.09.2022 for C/s Hrg.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: Matter called out at 2.52 pm
Adv Tasneem Vohra h/f Duraiya Retiwala for plff present
Adv Priyanka Kothari for defendant No.1 present
K.B. for argument
L.O. at 3.02 pm
Heard argument of adv for defendant No.1 on Ch/s 1597/2019.  Adv for plff seeks time to argue on ch/s.
Matter is adjd on 07.10.2022 for C/s Argument
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: Matter called out at 5.32 pm
Adv Duraiya Retiwala for plff present
Adv for defendant present
Matter is adjourned as court time is over.
Matter is adjd on 14.10.2022 for C/s Argument
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 14-10-2022

Date: 07-10-2022
Business: Matter called out at 5.32 pm
Adv Duraiya Retiwala for plff present
Adv for defendant present
Matter is adjourned as court time is over.
Matter is adjd on 14.10.2022 for C/s Argument
Next Purpose: C/S ARGUMENTS
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Matter called out at 3.41 pm
Adv Duraiya Retiwala for plff present
Adv Priyanka Kothari for defendant No. 1 present
Heard arguments of adv for plff and adv for defendant.
Matter is adjd on 02.11.2022 for C/s Order
Next Purpose: CS NM ORDERS
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Matter called out at 3.37 pm
Adv Pramod Kumar Choudhary for plff present
Adv R.Satardekar for defendant No.1 present
K.B. for order
L.O. at 4.59 PM
FRSR FOLLOWING ORDER IS PASSED IN CHAMBER SUMMONS NO. 1597 OF 2019
ORDER
1.  Chamber Summons No. 1597 of 2019 is allowed in the following terms.
2.  Advocate for defendant No. 1 is at liberty to ignore the para Nos. 41, 43, 44, 46 to 56, 59 to 96 of affidavit in lieu of examination-in-chief of plaintiff No.1 (a) at Exh.4 and not to cross-examine plaintiff No. 1 (a) on the above portion of the affidavit, without risk of adverse inference or other consequences.
3.  Chamber Summons No. 1597 of 2019 is disposed off.
Matter is adjd on 16.11.2022 for RE
Nature Of Disposal: ALLOWED
Disposal Date: 02-11-2022

Additional Case Details

Additional Case Details
Filing Number: 109600/2019
Filing Date: 29-08-2019
First Hearing Date: 04th October 2019
Decision Date: 02nd November 2022
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
02 Nov 2022

Order Details: Chamber summons Pdf Text: Order in Chamber Summons No. 1597 of 2019 1 MHCC010090122019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI CHAMBER SUMMONS NO.1597/2019. IN S. C. SUIT NO.7495/1983 Westcoast Builders Private Limited ...Applicant. (Defendant No.1) In the matter of : 1a. Ms. Rashna Ratan Surveyor and Anr. ...Plaintiffs V/s. Westcoast Builders Private Limited and Anr. ...Defendants. Appearances : Adv. Duraiya Retiwala for plaintiffs. Adv. Priyanka Kothari for defendant No.1. Coram : His Honour Judge Shri.…

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