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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Navnit Radhakishan LoyaVsM/s. Royal Dyers +1 more

CNR MHCC01009944201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 31st July 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100236/2019
Registration Date
30 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-11-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. Devani for plaintiff present and filed original SJ along with affidavit.
Adv. Mahesh Gupta for defendant present and filed reply to SJ. However it is brought to the notice of this Court that the SJ was served on the defendant on 30/09/2019. Thus the reply tendered is not within 10 days. Therefore the reply cannot be taken on record. The matter to proceed without reply of the defendant. Be posted for SJ hearing and filing of original documents on 28/02/2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-02-2020

Date: 28-02-2020
Business: Adv. Devani for plaintiff.
Adv. S.C.Gupta for defendant filed register NM 213/20.
Adv. for plaintiff filed reply to NM 213/20.
Adjd for NM Hearing to 29-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: None for plaintiff.
Adv Gupta for defendant present.
Adjd to 09-03-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None for plaintiff
Adv. Waghmare for defendant. Defendant present.
KB LO at 12.00pm
Adv. Devani for plaintiff.
Heard arguments of defendant on NM 213/20.
Adjd by consent for arguments on behalf of plaintiff to 24-03-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: None for plaintiff
Adv. Varsha for defendant
Adjd to 15-04-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Next Purpose: ORDER
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Adv. Mahesh Devani for plaintiff present.
Adv. Mahesh Gupta h/f Adv. S. C. Gupta for defendant present.
F.R.S.R. following order is passed in Notice of Motion No.213/2020.
                           ORDER
1. Notice of Motion No.213/2020 is made absolute in terms of prayer clause (a) subject to cost of Rs.3,000/- payable to the plaintiff or his learned counsel on the next date of hearing.
2. On payment of cost as above, reply given to Summons for Judgment No.236/2019 shall be taken into consideration while deciding the same on merit.
3. Notice of Motion No.213/2020 is disposed off.
Matter is adjd.to 15-11-2021 for Compliance and SJ
hearing.
Next Purpose: COMPLIANCE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Next Purpose: REJOINDER
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Next Purpose: REJOINDER
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: None for plaintiff.
Adv. Samiksha Sawant  for defendant present.
Matter is adjd.to  05-02-2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: None for plaintiff.
Adv. Samiksha Sawant h/f Adv. S. C. Gupta for defendant present.
Matter is adjd.to 28-02-2022 for rejoinder.
Next Purpose: REJOINDER
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv.  Mahesh Devani for plaintiff present and filed reply to leave to defend with list of documents t.o.r.  and annexed to  S/J No.  236/19.
Adv. Mahesh B. Gupta i/b Adv.  S. C. Gupta  for defendant present and received copy of  reply to leave to defend with list of documents.
Matter is adjd.to 24-03-2022 for S/J Hrg (3.00pm)
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Mahesh Divani for plaintiff present and filed application for production of papers from Sales Tax Department t.o.r. and marked as Exh.7.
Adv. S. C. Gupta for defendant present and received copy of Exh.7
Matter is adjd.to 13-04-2022 for reply on Exh.7 (2.45pm).
Next Purpose: REPLY
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Next Purpose: HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. S. C. Gupta for defendant present.
Both advocates by consent are seeking adjournment.
Adjd for SJ hearing to 21/07/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. S. C. Gupta for defendant present.
Adv. for plaintiff tendered affidavit in rejoinder to SJ No. 236/19. O- Seen
Adjd for SJ hearing to 29/08/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2022

Date: 29-08-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. S. C. Gupta for defendant present.
Adjd for SJ hearing to 16/09/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. S. C. Gupta for defendant present.
Heard arguments of adv. Mahesh Devani for plaintiff and adv. S. C. Gupta for defendant on Exh7.
Adjd for orders on Exh.7 to 18/10/2022
Next Purpose: ORDER
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. Gupta for deft. Present.
Court is busy in recording evidence in com.Suit No.211/21.
Matter adjd to 19.10.2022 for order on Exh.7
Next Purpose: ORDER
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Adv. Mahesh Devani for plaintiff present. None for defendant when called. Court is busy in passing order in other suit hence adjourned.
Adjd for order on Exh 7 to 21/10/2022
Next Purpose: ORDER
Next Hearing Date: 21-10-2022

Date: 21-10-2022
Business: None present when called.
Court is busy in passing orders in other suit hence adjourned.
Adjd for orders to 01/11//2022
Next Purpose: ORDER
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. Mahesh Gupta for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 09/11/2022
Next Purpose: ORDER
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. Samiksha Sawant h/f Adv. S. C. Gupta for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 15/11/2022
Next Purpose: ORDER
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Adv. Mahesh Devani for plaintiff present.
Court is busy in passing order in other suit hence adjourned.
Adjd for orders to 17/11/2022
Next Purpose: ORDER
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv. Mahesh Devani for plaintiff present.
Adv. Mahesh Gupta i/b Adv. S. C. Gupta for defendant present.
FRSR the following order Is passed below Exh.7
ORDER
1. Application filed by the plaintiff below Exh.7 stands rejected.
2. Order accordingly.
Adjd for SJ hearing to 12/12/2022
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Adv. S.C. Bhuta for defendant present.
Adv. Apeksha Vora h/f. Mahesh Devani for plff. present and sought time for argument.
Adjd. for argument on 19.01.2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Court is on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: court on leave
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Adv. Mahesh Devani for plaintiff present.
None for defendant.
On request of adv. for plaintiff matter is adjourned.
Case is adjourned to 03.05.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: None for plaintiff.
Adv Mahesh Gupta h/f Adv H.C.Gupta for deft present.
k/b L.O. at 11.48 am
Adv. Mahesh Devani for plaintiff is present.
Adv for defendant is present.
Case is adjourned for SJ hearing to 12-06-2023.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-06-2023

Date: 12-06-2023
Business: Navnit Radhakishan Loya Vs 1. M/s. Royal Dyers 2. Annuidin Nawab Khan
Adv. Mahesh  Devani present for plaintiff.
Adv. S.G. Gupta present for defendant.
Plaintiff is seeking oral adjournment for final argument.
Parties to argue the Suit.
On oral request of both counsels, matter is adjourn.
Matter adjourned to 25.0 7.2023 for summons for judgement hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Navnit Radhakishan Loya Vs 1. M/s. Royal Dyers 2. Annuidin Nawab Khan
Plaintiff side called, but absent.
Adv. S. G. Gupta present for defendant.
He submitted that, Plaintiff counsel Shri. Mahesh Dewani has lost his elder brothers.
Matter adjourned to 29.08.2023 for hearing Summons for Judgment
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: Navnit Radhakishan Loya Vs 1. M/s. Royal Dyers 2. Annuidin Nawab Khan
Adv. Mahesh Devani present for plaintiff.
He is seeking oral adjournment.
Adv. S. C. Gupta present for defendant.
He submitted no objection for adjournment.
Parties to argue Summons for Judgment for next date.
Matter adjourned to 12.10.2023 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-10-2023

Date: 12-10-2023
Business: Navnit Loya V/s M/s Royal Dyers.
Adv. Mahesh Devani present for plaintiff.
Adv. S. C. Gupta present for defendant.
Matter adjourned to 05.12.2023  for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-12-2023

Date: 05-12-2023
Business: Navnit Radhakishan Loya Vs M/s. Royal Dyers
Plaintiff side called, but absent.
Adv. S C Gupta present for defendant.
Exh.08 Summons for Judgment No.236/2019 filed by plaintiff (Exhibit marked today)
Exh.09 Affidavit in support of Summons for Judgment No.236/2019 filed by plaintiff (Exhibit marked today)
Exh.10 Reply  of Summons for Judgment No.236/2019 filed by defendant (Exhibit marked today)
Exh.11 Affidavit in reply of Exh.10 filed by plaintiff (Exhibit marked today)
Exh.12 Written arguments filed by defendant in Summons for Judgment No.236/2019
Exh. 13 List of citations filed by defendant
Later on at 12.30 Hrs.
Adv. Mahesh Devani present for plaintiff.
Case adjourned to 05.02.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: Court hall shifted from City Civil Court Building Fort to Mazgaon Court Building, Mazgaon on 02.01.2024.
Navnit Loya V/s Royal Dyers and ors.
Adv. Mahesh Devani present for plaintiff.
Adv. Mahesh Gupta present for defendant.
For medical reason relating to counsel of defendant, both counsels are seeking oral adjournment for 27.03.2024.
Suit adjourned to 27.03.2024 for Summons for  Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-03-2024

Date: 27-03-2024
Business: Navnit Loya V/s Royal Dyers and Annuidin
Adv.  Mahesh Devani present for plaintiff.
Adv. Mahesh Gupta present for defendant.
Suit adjourned to 26.04.2024 for Summons for Judgment hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Navnit Loya V/s Toyal Dyers and Annudin
Plaintiff side called, but absent.
Adv. S C Gupta present for defendant.
Plaintiff to file written submissions by next date.
Suit adjourned to 02.05.2024 for SJ hearing.
Later on at 12.58 Hrs.
Adv. Mahesh Devani present for plaintiff.
Exh.14- Written arguments filed by plaintiff.
Exh.15- Citations filed by plaintiff.
Suit adjourned to 02.05.2024 for SJ hearing.
Later on at 14.52 Hrs.
Adv. Mahesh Devani present for plaintiff.
Adv. Swar holding for Adv. Gupta present for defendant.
Both submitted for change of date to 19.06.2024.
Suit adjourned to 19.06.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: PO is on training Programmes, Uttan, Thane
Adv. Mahesh Devani present for plaintiff.
Adv. S. C. Gupta present for defendant.
Suit adjourned to 04.07.2024 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2024

Date: 04-07-2024
Business: Navnit Radhakishan Vs M/s. Royal Dyers
Adv. Mahesh Devani present for plaintiff.
Defendant side called, but absent.
Adv. Devani submitted that, he alongwith defendant counsel seek oral adjournment.
Adjournment allowed.
Parties have already filed written arguments on Summons for Judgment.
Parties granted last opportunity to make oral submissions, if any.
Suit adjourned to 31.07.2024 for arguments.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-07-2024

Date: 31-07-2024
Business: Navnit Radhakishan Loya Vs M/s. Royal Dyers
Adv. Mahesh Devani present for plaintiff.
Adv. S C Gupta present for defendant.
Later on at 13.00 Hrs.
Adv. Mahesh Devani present for plaintiff.
Adv. S C Gupta present for defendant.
Heard both sides.
FRSR following order is passed in Summons for Judgment No. 100236 / 2019.
ORDER
    1. Summons for Judgment No. 100236 / 2019 is dismissed.

    2. Unconditional Leave is granted to defendants, to defend the Suit.

    3. Defendants are permitted to file their Written Statement within 30 days from the date of this Order.

    4. If defendants fails to file Written Statement within stipulated 30 days, then Suit shall proceed without Written Statement. Accordingly, plaintiff will be entitled to take appropriate steps, as per rules.

    5. Proceeding of Summons for Judgment No. 100236 of 2019 is closed.

    6. Order pronounced in Open Court.

    7. Parties be informed about their right to challenge this Order and limitation for same.

    8. Record of Summons for Judgment shall be part of  Commercial Suit No. 100703 / 2021.
Suit adjourned to 02.09.2024 for Written Statement.
Nature Of Disposal: DISMISSED
Disposal Date: 31-07-2024

Additional Case Details

Additional Case Details
Filing Number: 110641/2019
Filing Date: 30-09-2019
First Hearing Date: 07th November 2019
Decision Date: 31st July 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

4
Final Order 3Full order available
31 Jul 2024

Order Details: Other Pdf Text: SJ No.100236 / 2019, Navnit – Royal Dyers Order (Exh.8) 1 of 7 City Civil and Sessions Court, Mazgaon Greater Mumbai Court Room No. 31 – Commercial Court (Additional District Judge : Vijay S. Hingne, LL. M.) SJ Filed : 26.09.2019 Arguments Heard : 31.07.2024 Decided on : 31.07.2024 Duration : 04 Y, 10 M, 05 D MHCC010099442019 Exhibit No. 8 Commercial Suit No. 100703 / 2021 Summons for Judgment No. 100236 / 2019 Plaintiff…

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Final Order 2Full order available
31 Jul 2024

Order Details: Other Pdf Text: 31.07.2024 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.34 Commercial Suit No. 100703/2021 SJ 236/19 Navnit Radhakishan Loya Vs M/s. Royal Dyers Adv. Mahesh Devani present for plaintiff. Adv. S C Gupta present for defendant. Later on at 13.00 Hrs. Adv. Mahesh Devani present for plaintiff. Adv. S C Gupta present for defendant. Heard both sides. FRSR following order is passed in Summons for Judgment No. 100236 / 2019.…

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Interim Order 1Full order available
17 Nov 2022

Order Details: Order below exhibit Pdf Text: 1 OBE 7 in Comm. Suit 703/2021 ORDER BELOW EXHIBIT 7 IN SUMMONS FOR JUDGMENT NO. 236 OF 2019 IN COMMERCIAL SUIT NO. 703 of 2021 Navnit Radhakishan Loya ...Plaintiff Versus M/s. Royal Dyers & Anr. ….Defendants Appearance: Adv. Mahesh Devani for Plaintiff. Adv. S.C. Gupta for Defendants. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31) DATED : 17th NOVEMBER 2022 ORDER The plaintiff has moved this application praying that the Sales Tax Department…

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Order 1Full order available
17 Nov 2022

Order Details: Order below exhibit Pdf Text: 1 OBE 7 in Comm. Suit 703/2021 ORDER BELOW EXHIBIT 7 IN SUMMONS FOR JUDGMENT NO. 236 OF 2019 IN COMMERCIAL SUIT NO. 703 of 2021 Navnit Radhakishan Loya ...Plaintiff Versus M/s. Royal Dyers & Anr. ….Defendants Appearance: Adv. Mahesh Devani for Plaintiff. Adv. S.C. Gupta for Defendants. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31) DATED : 17th NOVEMBER 2022 ORDER The plaintiff has moved this application praying that the Sales Tax Department…

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