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CHAMBER SUMMONS

Manju Sureshchandra Upadhaya And OrsVsCharandas Jain

CNR MHCC0101136820194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 23rd October 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102004/2019
Registration Date
08 Nov 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: 16-12-2019
    Business: Matter is called out at 2.53pm
    Adv.K.D.Shah for plaintiff present.
    Adv.D.A.Barot for defendant no. 5present.
    By consent.
    Unaffirm copy of reply to C/S No.2004/19 supplied to the other side.
    Matter is adj to 17/01/2020 for C/S hearing.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Matter is called out at 5.02pm
    Plaintiff in person present.
    Adv.D.A.Barot for defendant no.5 filed reply to the C/S No.2004/19. T.O.R.
    Copy serve to the plaintiff who is the present in the court.
    Matter is adj to 12/02/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Matter mention by both the side matter is called out at 2.58pm
    Adv.K.D.Shah for plaintiff present.
    Adv.D.A.Barot for defendant no.5 present.
    By consent.
    Matter is adj to 07/03/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Court is busy argument in Suit No.3122/2012.
    Adv.K.D.Shah for plaintiff present.
    Defendant and his advocate absent.
    Matter is adj to 20/03/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
    Adjd to 06-04-2020 for Ch/sum Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-04-2020
    
    Date: 06-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    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: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principle Judge, Bombay CIty Civil Court in the back drop of outbreak of Novel Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-09-2020
    
    Date: 02-09-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    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: C/S  HEARING
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: P.O. is on leave  board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: The P.O. is on leave.  Hence, board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-01-2021
    
    Date: 06-01-2021
    Business: None for parties.
    Adjd to 11.02.2021 for ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Plaintiff present. Her advocate is absent.
    None for defendants.
    On oral request of plaintiff matter is adjourned.
    Adjd to 25.02.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Plaintiff present.
    Adv. K. D. Shah for plaintiff present and tendered rejoinder in Ch/s no. 2004/19.  Copy already served to other side.
    None for defendants.
    On oral request of Ld. Adv. for plaintiff adjournment granted as last chance.
    Adjd to 31.03.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: None for plaintiff.
    None for defendants.
    In view of office order No. 64/2021 dtd. 29.03.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 26.03.2021 issued by Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Adjd to 22.04.2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    Business: None for parties.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 09.08.2021  for Ch.s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None for plaintiff.
    Adv. for defendant No. 5 present.
    Plaintiff is not appearing in suit after lockdown therefore last opportunity is given to plaintiff to argue chamber summons failing which chamber summons will be decided without argument of plaintiff as suit is pending since 1987 and plaintiff should proceed with the suit.
    Adjd for Ch/s hearing to 31/08/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: At 3.31 pm
    None for plaintiff.
    Adv. Mr. D. A. Barot for defendant No. 5 present.
    Heard adv. Mr. Barot For defendant No. 5.
    As plaintiffs are absent, not heard.
    Adjd for Ch/s orders to 07/09/2021
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. K. D. Shah for plaintiff present.
    Adv. For plaintiff filed affidavit of service. t.o.r.
    None for defendant.
    Adjd for arguments to the application to 21/10/2021
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Dt.21/10/2021
    Suit 92/1987
    Ch/s 2004/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Plaintiff a/w Adv. K.D. Shah for plaintiff present.
    Adv. for defendant present.
    Heard adv. K.D. Shah for plaintiff and adv. P.A. Bharut for defendant no.5.
    Adjd. for orders to 23/10/2021.
    Next Purpose: ORDER
    Next Hearing Date: 23-10-2021
    
    Date: 23-10-2021
    Business: Adv. Shri. K.D. Shah for Plaintiffs.
    Adv. Shri. D.A. Barot for Defendant No. 5.
    FRSR following order is passed in Chamber Summons No. 2004 of 2019
                                 ORDER
    1. The Chamber Summons is rejected.
    2. No order as to costs.
    3. Accordingly, the Chamber Summons is disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 23-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 112087/2019
    Filing Date: 08-11-2019
    First Hearing Date: 16th December 2019
    Decision Date: 23rd October 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Oct 2021

    Order Details: Chamber summons Pdf Text: 1 Ch/s 2004/2019 in Suit 92/1987 CHAMBER SUMMONS NO. 2004 OF 2019 IN SUIT NO. 110092 OF 1987 (HIGH COURT SUIT NO. 2830 OF 1987) CNR NO. : MHCC010113682019 Manju Sureshchandra Upadhyaya & Ors. … Plaintiffs Versus Charandas Jain & Ors. ...Defendants Appearance: Adv. Shri. K.D. Shah for Plaintiffs. Adv. Shri. D.A. Barot for Defendant No. 5. CORAM : SMT. S.S. NAGUR JUDGE, (C.R.NO.4) DATE : 23/10/2021 ORDER The Chamber Summons is filed by…

    Read Full Order

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