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SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT

Prafulla Prakash ShahVsMr. Bipin Jhaveri

CNR MHCC01010237201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 15th April 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100244/2019
Registration Date
11 Oct 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: 18-11-2019
    Business: Adv. Shubhangi Ashtekar for plaintiff present.
    Adv. for defendant absent.
    Matter adjourned for S/J Hearing to 15/01/2020.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Chetan Shah for plaintiff present.
    Adv. Dhaval for defendant present.
    Matter is adjd to 01.02.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Plaintiff and his advocate absent.
    Defendant absent.
    Adv. Nainesh Amin for deft. Present.
    Matter is adjd to 12.03.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Chaitali Jadhav  For plff. Present.
    Adv. Sawant for deft. present.
    Adv. For the plff. Tendered register S/J no. 244/2019 @ affidavit in support.
    Matter is adjd to 31.03.2020 for reply of S/J.
    Next Purpose: REPLY
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: Due to Covid 19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 28-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lock Down
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: REPLY
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: P.O. is on Leave.
    Due to Covid-19 pandemic none appeared.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 21.04.2021 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 28/07/2021 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 07.10.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is vacant
    Next Purpose: REPLY
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv Karan Desai for plaintiff present.
    None for defendant.
    As per record the defendant received Summons for Judgment yet not replied. Hence Summons for Judgment to proceed without reply.
    Matter is adjd to 17.01.2022 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: None present.
    Matter is adjd for SJ hearing to 21.02.2022.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: Court is on leave.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: adj to
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Mr. Reubeb Baker for Plaintiff present and seeks time to file reply.
    Adv. Mr. N. N. Amin for Defendant present and seeks time to register the NM.  Time granted as prayed.
    Matter adjourned to 18/08/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. for plaintiff present filed reply on notice of motion.
    Adv. for defendant present and tendered registered notice of motion alongwith affidavit in support.
    As Court busy in hearing in Summons for Judgment no.192 of 2016 and hearing and passing order in Summons for Judgment no.218 of 2013, board is discharged.
    Matter adjourned to 27.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: As Court busy in arguments and dictating order in Summons for Judgment No.172 of 2017, hence matter adjourned to 18.11.2022 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv.Abhishek Nikharge for plaintiff present.
    Adv.Sumedha Sawant for defendant present.
    Defendant has taken out N/M No.2937/2022 seeking setting aside no reply order to SJ and for condonation of delay in filing reply to SJ.
    Plaintiff seeks time to file original documents on record. Time granted.
    Heard both the sides on N/M No.2937/22
    F.R.S.R following order is passed on N/M No.2937/22
    ORDER
    Notice of Motion No.2937 of 2022  is hereby rejected with costs and  disposed of accordingly.
    Matter is adj to 19/01/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 19-01-2023
    
    Date: 19-01-2023
    Business: Adv.Vidhi Mehta i/b Adv.Mehul Shah for plaintiff present.   She seeks time to file original documents.
    Adv.Sumedha Sawant i/b Adv.Nainesh Amin for defendant present.
    Matter is adj to 23/03/2023 for hearing on SJ without reply.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Abhishek Nikharge i/b Mehul Shah for plaintiff present.   He seeks time to file original documents.
    Time granted.
    Adv.Sumedha Sawant i/b Adv. Nainesh Amin for defendant present.
    SJ is already directed to proceed without reply.
    Matter is adj to 20/07/2023 for hearing on SJ.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Shreyashi Shrivastava i/b Adv. Mehul Shah for plaintiff is present and submits that the plaintiff wants to file original documents in support of the claim and requested for adjournment. Adjournment is granted.
    Adv. Pradnya Bamne i/b M/s N. N. Amin and Co. for defendant is present.
    Matter is adj to 27.10.2023 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Shreyashi Shrivastava for plaintiff is present and requested for adjournment with the submission that the plaintiff wants to file original documents. Adjournment is granted.
    Adv. Chetan Mhatre h/f Adv. Nainesh N. Amin for defendant is present.
    Matter is adj to 15.02.2023 for SJ hearing (without reply).
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-02-2024
    
    Date: 15-02-2024
    Business: Adv Shreyashi Shrivastava i/b Adv Abhishek Nikharge for plaintiff present.
    She filed list of documents. t.o.r. marked as Exh. 03. O- Seen.
    KB
    LO at 1.46 pm
    Heard Ld. Adv for plaintiff on Summons for judgment.
    Matter stands Adj for filing documents / SJ Order on 26/02/2024.
    Next Purpose: ORDER
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    Business: Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 11-03-2024
    
    Date: 11-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 1.54 pm
    Adv. Abhishek Nikhare i/b Adv. Mehul Shah for plaintiff is present.
    Adv. Chetan Mhatre i/b Adv. Nainesh N. Amin for defendant is present.
    Matter is adj to 03.04.2024 for filing original documents and hearing summons for judgment.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 03-04-2024
    
    Date: 03-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Shreyashi Srivastava h/f Adv. Mehul Shah for plaintiff is present.
    Adv. Chetan Mhatre i/b Adv. Nainesh N. Amin for defendant is present.
    Matter is adj to 15.04.2024 for hearing on Summons for judgment by defendant/order on summons for judgment.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back
    Later on at 1.29 pm
    Adv. Vrushali Parab h/f Adv. Mehul Shah for plaintiff is present.
    FRSR following order is passed-
    Order
    1.Summons for Judgment  No. 244 of 2019 is allowed.
    2.The defendant shall pay an amount of Rs. 37,26,301/- (Rupees  only) to the plaintiff.
    3.The defendant shall pay to the plaintiff simple interest on amount of Rs. 25,00,000/- at the rate of 6 percent per annum from 04/05/2019, the date of filing of suit  till its full realization.
    4.The plaintiff may be entitled to get refund the court fees paid, if provided for in Rules.
    5.The decree be drawn up accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111072/2019
    Filing Date: 11-10-2019
    First Hearing Date: 18th November 2019
    Decision Date: 15th April 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Apr 2024

    Order Details: Other Pdf Text: IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI SUMMONS FOR JUDGMENT NO. 244 OF 2019 IN SUMMARY SUIT NO. 603 of 2019 (CNR NO.MHCC01-010237-2019) Smt. Prafulla Prakash Shah ] Age about 67 years, ] Occupation: Housewife, ] T-1, 3303, Crescent Bay, ] Jerbai Wadia Road, Bhoiwada, Parel, ] Mumbai-400 012. ]...Plaintiff V/s. Mr Bipin Manilal Jhaveri ] Age and full name not known ] Occupation: Business ] 202/203, Span Land Mark, ] Andheri-Kurla Road, ]…

    Read Full Order

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