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CHAMBER SUMMONS

Rustom Burjor Mehta And AnrVsPrakash Mehta HUF And Ors

CNR MHCC01010443201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd August 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101848/2019
Registration Date
15 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Rustom Burjor Mehta And Anr

    Respondent

    1. 1Prakash Mehta HUF And Ors

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-12-2019
Business: HHJ IS ON TRANING AT UTTAN
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 23-01-2020

Date: 23-01-2020
Business: Adv. Avan Ardeshir for Plaintiff/applicant present.
None Present for the Deft.
Kb.
Adv. for plff/applicant tendered registered Chamber Summons No.1848/19 alongwith affidavit. TOR.
Adv. for plff/applicant also filed affidavit of service. TOR. O-seen and filed.
Perused endorsement overleaf the CS No.1848/19. It is mentioned for self or on behalf of deft no. 1 and 2. The name of the receiver is not mentioned. Hence I am of the opinion that once again defts/non applicants can be served copy of CS through Court bailiff. Hence CS be served through court Bailiff at the cost of plff.
Matter adjd for compliance and filing service affidavit on 15/02/2020 at 02.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: H.H.J. Is on Leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
Matter adjd for service affidavit to 19-06-2020 to 11.00 am.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Nobody present.
Adjd for affidavit of service to 03/04/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-04-2021

Date: 03-04-2021
Business: Court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: Due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Court is Vacant.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: COURT IS VACANT
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: Adv Mukund Padgaonkar I/b Mulla and Mulla for plff present.
None for Defendant
Adv for DH tendered original Ch/s a/w supporting affidavit.
Seeks time for service affidavit.
Matter is adjd on 03.08.2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: Matter called out at 3.02 pm
Adv Padgaonkar I/b Mulla and Mulla for plff present
None for Defendant
Adv for plff requests time to file service affidavit.  Granted.
Matter is adjd on 23.09.2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv Mukund Padgaonkar for Applicant present. None for defendant
Court is busy in recording evidence in sessions cases and hearing argument in Sessions case No. 603/19.  Hence, Board is Discharged.
Matter is adjd on 04.11.2022 for C/s Hrg
Next Purpose: C/S  HEARING
Next Hearing Date: 04-11-2022

Date: 04-11-2022
Business: Matter called out at 4.01 pm
Adv Mukund Padgaonkar for Applicant present
None for defendant
Adv for applicant submits that address of the defendant is not traceable and seeks time.
Matter is adjd on 19.01.2023 for C/s Hrg
Next Purpose: C/S  HEARING
Next Hearing Date: 19-01-2023

Date: 19-01-2023
Business: Matter called out at 3.25 pm
Adv. Mukund Padgaonkar I/b Mulla & Mulla for plff/applicant present and seeks time to take appropriate steps against the defendants.
None for defendant;
Matter is adjd on 17.03.2023 for steps
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Adv. Mukund Padgaonkar for plaintiff present and seeks time by submitting that defendant is not traceable.
Matter is adjd on 20-04-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. Mukund Padgaonkar for plaintiff present and seeks time to trace out the address of defendant. O-Granted.
Matter is adjd on 23-06-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-06-2023

Date: 23-06-2023
Business: Mr. Mukund Padgaonkar for plaintiff present.
As Court is busy in final hearing of Suit 541/2022 and dictating Judgment in Suit 4752/2011. Hence, no effective hearing is taken  hence board is discharged.
Matter is adj to 3.8.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-08-2023

Date: 03-08-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mr.Mukund Padgaonkar i/b Mulla and Mulaa and Craigu Blunt and Caroe for plaintiffs present.   He filed pursis (Exh-25) to withdraw the Chamber Summons.
                  ORDER ON C/S No.1848 of 2019.
Though the applicant seeks liberty to file C/S in future, during the course of hearing of Exh-25 Ld.Adv. for the plaintiff submitted that the court may dispose off the C/S unconditionally.  It is needless to say that if by law the plaintiff is entitled to file application for execution in future his right will not be defeated if he withdraws this C/S.
Hence, C/S No.1849 of 2019 is disposed off as withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111209/2019
Filing Date: 15-10-2019
First Hearing Date: 06th December 2019
Decision Date: 03rd August 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    03 Aug 2023
    Order Details: Chamber summons
Pdf Text: 30
03/08/2023
CS 1848/19
IN SUIT
2316/14
(Disposed off)
Exh-25
CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
Adv.Mr.Mukund Padgaonkar i/b Mulla and Mulaa and Craigu Blunt
and Caroe for plaintiffs present. He filed pursis (Exh-25) to
withdraw the Chamber Summons.
ORDER ON C/S No.1848 of 2019.
Though the applicant seeks liberty to file C/S in future, during the
course of hearing of Exh-25 Ld.Adv. for the plaintiff submitted that
the court may dispose off the C/S unconditionally. It is needless to
say that if by law the plaintiff is entitled to file application for
execution in future his right will not be defeated if he withdraws
this C/S.
Hence, C/S No.1849 of 2019 is disposed off as withdrawn.
Judge
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