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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Bharathan Suresh BabuVsMr. Mahesh Mehta

CNR MHCC01009241201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--PLAINT REJECTED
Decision Date: 09th January 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
102884/2019
Registration Date
04 Nov 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 25-11-2019
    Business: Court is busy argument on Suit No.6822/79, 6823/79, 6824/79 and 6826.
    Adv.Mahrukh Khan for plaintiff requested extension of time for writ of summons.
    Matter is adjd. to 20/01/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Matter is called out at 11.37am
    Adv.Prashant Gupta for plaintiff present.
    Report awaited.
    Matter is adj to 08/04/2020 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-11-2020
    
    Date: 12-11-2020
    Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Adjd to 10.02.2021  for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv. Prashant Gupta for plaintiff present and tendered affidavit of service.  Tor and marked at Exh. 2.
    Adv. for plaintiff present and tendered two draft Ch/s along with affidavit. Leave granted to register the Ch/s. Copy be served to other side. Adv. for plaintiff has recd. 2 draft Ch/.s for register.
    None for defendants.
    Adjd to 09.06.2021 for Ex-parte order and Ch/s service.
    Next Purpose: SERVICE
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for service to 28/07/2021
    Next Purpose: SERVICE
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for service to 11/10/2021
    Next Purpose: SERVICE
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv. For plaintiff present.
    Adv. For plaintiff stated that he has given the registered chamber summons to department to serve the chamber summons.
    The board department has told him to extend the service of chamber summons.
    There is no report of board dept to extend the time to serve the chamber summons nor there is any reason stated by board dept why it could not served the  chamber summons registered on 09.03.2021.
    Leaving aside the above technicality, time extended to serve chamber summons with direction to board department to serve the chamber summons to concerned party immediately and report compliance.
    Adjd for report of service of chamber summons 29/11/2021
    Next Purpose: SERVICE
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: None present when called at 02.48 pm
    Adjd for service to 25/02/2022
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Dt.25/02/2022
    Suit  2884/19
    CS 529/21
    CS 528/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    None present.
    Court is busy in hearing of argument in suit no.6791/97.  Hence matter is adjd for service to 15-06-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: None for plaintiff.
    None for defendant
    Matter is adjd.to 17-08-2022 for filing affidavit of
    service regarding C/S.
    LO
    Adv. Prashant Gupta for plaintiff present.
    Next Purpose: SERVICE
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: Adv.Prashant Gupta for plaintiff present  and filed two registered C/S No.  528/21 and C/S No.  529/21 with supporting affidavit. t.o.r.
    None for defendant
    Heard Adv. Prashant Gupta in  C/S No.  528/21 and C/S No.  529/21.
    Failure of the plaintiff to serve the defendant as per affidavit of service Exh. 2, the plaintiff can be permitted for pasting service and publication of writ of summons. The plaintiff has not annexed original writ of summons with affidavit of service Exh.2. Hence,  C/S No.  528/21 and C/S No.  529/21 are allowed in terms of prayer clause (a) in both C/S.  Issue fresh writ of summons to defendant for pasting service and paper publication. Time is extended for service of writ of summons. The proceeding of C/S No.  528/21 and C/S No.  529/21 are  closed.
    Matter is adjd.to  04-11-2022 for  writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv. Bhavana Enmul h/f V. R. Gupta for plaintiff present.
    Adv. Akash Gavkar for defendant present and filed vakalatnama t.o.r. marked as Exh.3
    He submitted that the defendant is served with writ of summons on 01-11-2022.
    Matter is adjd.to 30-11-2022 for Written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Adv. Bhavna Enmul  h/f Adv. V. R. Gupta for plaintiff present.
    Adv. Venkat Rao a/w Adv. Akash Gaonkar for defendant present and filed written statement t.o.r. marked as Exh.4
    He also filed draft NM with supporting affidavit for rejection of plaint t.o.r. Leave is granted to register the NM.
    Adv. Bhavna Enmul for plaintiff received copy of written statement and draft NM.
     Matter is adjd.to 03-02-2023 for filing registered NM by deft. And NM Reply by plaintiff. 2.45pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Bhavna Enmul for plaintiff present.
    Adv.Venkat Rao for defendant present  and filed registered NM No. 4872/22 with supporting affidavit. t.o.r.
    LO at 4.00 pm.
    Adv. Shweta Parab for petitioner  present.
    Matter is adjd.to 02-03-2023 for Reply in NM No.  4872/22
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: None for plaintiff.
    Adv. Venkat Rao for defendant present.
    Matter is adjd.to 17-04-2023 for reply in NM No.  4872/22 by plaintiff as a last chance.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Bhavna Enmul for plaintiff present.
    Adv. Venkat Rao for defendant present.
    Matter is adjd.to  12-06-2023 for reply in NM No.  4872/22 by plaintiff
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Bhavna Rajesh Enmol for plaintiff present and seek time for hearing. The Roznama shows that sufficient chance given to plaintiff to file reply.  So adjournment granted as last chance. On  the next date if plaintiff failed to file reply, n/m will be heard in their absence.
    Adv. Venkat Rao I/b Legal Serve and associate for defendant present.
    Matter adjourned for n/m reply to 07/08/2023.
    Next Purpose: REPLY
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: PO is on leave
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: None for plaintiff.
    Adv. Venkat Rao a/w  Adv. Akash Gaonkar for defendant present.
    Plaintiff not filed reply to Nm No. 4872/2022 Hence, no say order passed against the plaintiff. NM  No. 4872/22 to proceed without reply of plaintiff.
    Matter adjourned for NM hearing/order to 01-11-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: None For plaintiff present.
    Adv. Venkat Rao for defendant present.
    KB
    LO at 3.26 pm.
    None for plaintiff. No say order passed against the plaintiff.
    Advocate for the defendant present.
    Heard advocate for the defendant on NM No.4872/2022.
    Matter adjourned for NM order to 21-11-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: None for plaintiff present.
    None for defendant.
    Steno is on leave, hence matter is adjourned.
    Matter adjourned for NM order to 12-12-2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-12-2023
    
    Date: 12-12-2023
    Business: None For plaintiff present.
    Adv.  Vyankat Rao for defendant present.
    Due to paucity of time, matter adjourned for NM order.
    Matter adjourned for NM order to 21/12/2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: None For plaintiff present.
    Adv. Akash Gaonkar for defendant present.
    Steno is on leave.
    Matter adjourned for NM order to 06/01/2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for NM ORDER to 09/01/2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: None For plaintiff present.
    None For defendant present.
    FRSR following order passed on suit no. 2884 of 2019 and NM no. 4872 of 2022
    ORDER
    1.Prayer clause (a) and (b) of Notice of Motion No. 4872/2022 is made absolute.
    2. The Short Cause Suit No. 2884/2019 is disposed off as the plaint is barred by Law of Limitation.
    Nature Of Disposal: PLAINT REJECTED
    Disposal Date: 09-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109790/2019
    Filing Date: 09-09-2019
    First Hearing Date: 25th November 2019
    Decision Date: 09th January 2024
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Jan 2024

    Order Details: Notice of Motion Pdf Text: N/m No. 4872/22 in S.C.Suit No. 2884/19. 1 Order. MHCC010140292022 Presented on : 26-12-2022 Registered on : 26-12-2022 Decided on : 09-01-2024 Duration : 1 years, 0 months, 14 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 4872 OF 2022 IN SHORT CAUSE SUIT NO. 2884 OF 2019 Mr. Bharathan Suresh Babu )...Plaintiff Versus Mahesh Mehta )...Defendant Shri Venkat Rao alongwith Shri Akash Gaonkar, Advocate for the defendant.…

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