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CHAMBER SUMMONS

DINESH L. SALVIVsUnion Of India And Ors

CNR MHCC01009188201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th March 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
101622/2019
Registration Date
09 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1DINESH L. SALVI

    Respondent

    1. 1Union Of India And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-09-2019
Business: P.O. is on Leave.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Adv for plaintiff Mr.Devang Shah present.
None for the defendant.
Adv for plaintiff tendered registered C/S  1622/19 along with affidavit.
No reply filed by Defendant.
Hence, C/S to proceed without reply of defendant.
Adv for plaintiff filed reply to N/M No.2785/17.
Matter is Adjd for C/S 1622/19 and N/M 2785/17 Hearing to 17.12.2019.
Next Purpose: HEARING
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: P.O. is on half day Leave.
Next Purpose: HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: P.O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: National Lockdown
Next Purpose: HEARING
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Due to National Lockdown (Covid-19) all parties absent. Matter adjd to 22.02.2021
Next Purpose: HEARING
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.  Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 10-03-2021

Date: 10-03-2021
Business: None for plaintiff.
Adv. A.K. Saxena for defendant no.2 and 3 is present.
KB at 2.45 p.m.
LO at 3.05 p.m.
Adv. Manasi Torankar for plaintiff is present.
Adv. A.K. Saxena for defendant no.2 and 3 is present.
Order below NM No. 2785/17
Perused the notice of motion which is supported by an affidavit being executed by Deputy Commissioner of Income Tax Surat, Shri S.S. Rathi. Also perused the affidavit in reply of the plaintiff being executed by the LRs of deceased plaintiff. Heard Ld. Adv. of both the sides. Perused the record and the previous roznamas. I have also perused the ex-parte judgment and decree dtd. 18.03.2016. In the present case the defendants are Union of India and Income Tax Commissioner. The original suit is with regard to recovery of professional fees as the plaintiff is claiming to be the government approved valuer. It is an admitted fact that initially the suit was filed before Honble High Court and latter on due to  change of pecuniary jurisdiction was transferred to this Court. The affidavit in support of notice of motion specifically Para No. 3 states about the fact that the government department became aware of the decree only on 24.07.2017. Genuine and satisfactory reasons are mentioned in the affidavit Paras No. 3 to 6 for considering the notice of motion. The notice of motion opposed mainly on the ground of delay. For that purpose it was submitted that the instructions was given to panel advocate of High Court.  Be that, as it may for any mistake on part of the advocate, the litigant can not be made to suffer. Even otherwise in the case in hand the mistake appears to bonafide one and unintentional as the matter was transferred from High Court to this Court. Thus for giving fair opportunity to the defendants who are the government machinery to contest the suit on merit. In my opinion the ex-parte decree dtd. 18.03.2016 passed by my Ld. Predecessor needs to be set aside in the interest of Justice.
Hence, I pass the following order-
                                          ORDER
Notice of Motion No. 2785/17 is allowed and made absolute in terms of prayer clause (a) and (b). The judgement and decree dtd. 18.03.2016 passed in  Suit No. 3405/11 (High Court Summary Suit No. 766/11) is set aside. The said suit is restored to file and it be kept on board on 28.04.2021.
Notice of Motion is disposed of accordingly.
Order below CH/S No. 1622/19
Perused the chamber summons which is supported by an affidavit. Also perused the reply. Heard both the sides. As per order in Notice of Motion No. 2785/17, the ex-parte decree is set aside and the suit is restored. So far as bringing of LRs of deceased plaintiff is concerned, the chamber summons being within limitation can be allowed only to the extent of making necessary amendments in the main suit as the ex-parte decree is set aside. Hence, I pass the following order-
                                        ORDER
Chamber Summons No. 1622/19 is allowed  to the extent of bringing LRs of deceased plaintiff on record in the original plaint/ Suit No. 3405/11 ( High Court Summary Suit No. 766/11). The applicant to carry out the amendment within two weeks and shall supply the copy of amended plaint upon the defendant two weeks thereafter.
Chamber Summons is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 10-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109774/2019
Filing Date: 09-09-2019
First Hearing Date: 23rd September 2019
Decision Date: 10th March 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Mar 2021
    Order Details: Chamber summons
Pdf Text: Adv. Nilam Mehta for the plaintiff is present.
None for defendant.
Order below CH/S No.300/17
Perused the chamber summons. Heard. This chamber summons is withdrawn by the
Adv. for the plaintiff. Hence, Chamber Summons No.300/17 stands disposed of as
withdrawn.
Order below Exh.55
Perused the application. Heard Adv. for the plaintiff. It is submitted that in view of
order passed by the Company Law Tribunal, the defendant company is went under
liquidation and the plaintiff have filed their claimed with the official liquidator on
17.01.2020. It is further submitted that in view of the order passed by the NCLT and
in view Insolvency and Bankruptcy Code 2016, this Court has no jurisdiction to
continue the suit. Hence, plaintiff intends to withdraw the suit. Considering the
contents of the application, permission is granted to withdraw the suit. Application
Exh.55 is allowed and disposed of accordingly.
Order below Exh.1
In view of order below Exh.55, the suit stands disposed of as withdrawn. Court fees,
if any, be refunded to the plaintiff as per rules. Case papers be filed.
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