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CHAMBER SUMMONS

Om Sadan Co.-Op. Hsg. Soc. Ltd. -Applicant Ramanlal R. Shah and Ors.VsOm Sadan Pvt. Ltd. and Ors.

CNR MHCC0101253620194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th March 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102172/2019
Registration Date
03 Dec 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: 09-12-2019
    Business: Adv. Shlok Parekh for plaintiff No. 1 is present.
    Adv. Nikita Rokade for Defendant no. 3 and 13 is present.
    Adv. Ketaki Pansare for Defendant no. 44 is present.
    Adv. Mandakini Singh for applicant in Ch/S 1816/19and Ch/S No. 2172/19. She tendered registered Ch/S No. 2172/19 a/w affidavit in support. She also filed affidavit of service regarding Ch/S No. 2172/19.
    Matter is adjourned for  Ch/S hearing to 20/12/2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv.Parekh for Plaintiff no. 1 is present.
    Adv.  Nikita Rokde for defendant no. 3 and 31 is present.
    Adv.  Ketaki Pansare for defendant no. 44 is present
    Adv. K.P. Shaha  for committee of court receiver present
    Adv. Mandakini Singh for applicants in Ch/S no.1816/19 and 2172/19. She filed undertaking of both the purchasers in Ch/S no. 1816/19 TOR
    Heard argument of adv. of  applicant and plaintiffs no. 1, defendant no. 3 and 31 and 44.
    adv. for committee of court receiver and adv. of plaintiff no. 1 society give no objection on Ch/S No 2172/19. he filed  Draft N/M along with affidavit in support t.o.r. Leave to register is granted. He undertakes to served the copy to plaintiff and  other defendants.
    Matter is adjd. for order on Ch/S No. 2172/19 and 1816/16 to 03/02/2020.
    Next Purpose: ORDER
    Next Hearing Date: 03-02-2020
    
    Date: 03-02-2020
    Business: Adv. Parekh for Plaintiff no. 1 is present.
    Adv. Mandakini Sinh for defendant no. 1 A to 1C  is present. She seeks time for verification of undertaking.  O-granted. She also tendered original registered Ch/s No 200/2020 along with affidavit in support. t.o.r
    Adv. Nishit Patel for defendant no. 41 is present.
    Adv. Preet Chavda for Plaintiff no. 2b, 48a, 49a and 52  is present.
    Adv. Nikita Rokde for defendant no. 3 and 31.
    Adv. Ketki Pansare for defendant no. 44 is present.
    Adv. Patade for committee of court receiver. He tendered original registered N/M No.4976/2019 along with affidavit in support   t.o.r.  and seeks adjournment for file affidavit of service.
    Adv. Priyanka Gaonkar h/f Adv. Bharat Coudhari for defendant  no. 6 and 7 is  present.
    Matter is adjd.  for verification of undertaking/reply of Ch/s no. 200/2020 to 13/03/2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Business: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: National Lock down
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to direction to combat Corona Virus, board is discharged as
    per SOP only urgent matters are taken up.
    Matter is adjd. to  06.11.2020 for compliance.
    Next Purpose: C/S REPLY
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv Ayush Khandelwal a/w Rohan Mathur I/b ALMT Legal for the plaintiff No.1.
    Adv for the plaintiff seeks extension of time to carry out amendment in view of order passed in CS No.2220/2020.
    Time is extended till next date
    None present for the defendant.
    Matter is adjd. to 22.12.2020 for compliance by the plaintiff.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Adv.  Gunjan Shaha for the plaintiffs no.8 and 15.
    Adv.  Mahalaxmi Ganpat for the plaintiff no.1.
    Adv.  Ketki Pansare for the defendant no.44.
    Adv. Mr. Shaha of the Committee of the  Court receiver.
    Advocate for the plaintiff no.8 and 13 tendered original CS No. 41/2021 and 42/2021 and affidavits.
    Advocate for the plaintiff no.1 and advocate appearing for the Committee of Court receiver  stated that they have no objection of allow the CS.
    Matter is adjd. to 16/01/2021 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 03/02/2021 for Ch/s reply.
    L.O.
    Adv. Mr. Ayush Khandelwal for the plaintiff no.1.
    Adv. Ms. Gunjan Shaha for the plaintiff no.8 and 15.
    Advocate for the plaintiff no.1 submits that he does not represent other plaintiffs. It appears that different advocates are representing  plaintiffs. As per the ratio laid down in Venkatrao A. Pai And Sons Ltd. Vs. Narayanlal Bansilal And Ors. (AIR 1961 Bom 94), plaintiffs cannot be allowed to engage a different advocates. If they so wish, they might well apply to the Court to transpose them as defendants or decide as to which advocate will represent them.
    Matter is already adjd. to 03/02/2021 for steps.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Advocates for plaintiffs present.
    KB
    L.O.
    Undertaking filed by plaintiffs No.73A,  73B and 73C. t.o.r.
    Applicants in Ch/s No.41/2021 and Ch/s No.42/2021 have sought relief against the plaintiff No.1.
    It seems that the applicants in Ch/s No.41/2021 and Ch/s No.42/2021 have not served notice to defendants/respondents. Hence, issue notice to the plaintiff No.1 and  defendants/respondents.
    Matter is adjd. to 18/02/2021 for filing service of proof/compliance of the order dated 16/01/2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv. Ms. Gunjan Shaha for the applicants in Ch/s.
    Adv. Mahalaxmi Ganpati for the plaintiff.
    Adv. Ms.  Jain for the respondents.
    Adv. Mr. Ayesh Khandelwal for COC.
    Adv. Mr. Aditya Manjrekar for the defendants No.3 and 31.
    Adv. Ms. Ketki Pansare for the defendant No.44
    KB   L.O.
    Affidavit of service filed by advocate for the applicant. t.o.r.
    Advocates for the defendants No.3, 31 and 44 submits that he has no objection to allow Ch/s.
    Matter is adjd. to  16/03/2021 for Ch/s hearing/compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Ms. Gunjan Shaha for the applicants in Ch/s.
    Adv. Mahalaxmi Ganpati for the plaintiff.
    Adv. Ms. Jain for the respondents.
    Adv. Mr. Kapse for the defendants No.6 and 7.
    Adv. Ms. Nikita Rokade for the defendants No.3 and 31.
    Adv. Ms. Ketki Pansare for the defendant No.44.
    Heard argument for parties on Ch/s No.41/2021 and Ch/s 42/2021.
    Matter is adjd. to 17/03/2021 for order on Ch/s No.41/2021 and Ch/s 42/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Adv. Ms. Gunjan Shaha for the applicants in Ch/s.
    None for the plaintiff.
    None  for respondents.
    None for the defendants No.6 and 7.
    Adv. Jagani for the defendants No.3 and 31.
    Adv. Ms. Ketki Pansare for the defendant No.44.
    Matter is adjd. to 27/04/2021 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: due to covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adv. Ms. Komal Joshi for plaintiff No.8 and 15 present.
    None for defendants.
    Two draft NMs along with affidavit in support of NM tendered by advocate for the plaintiff. O-  Leave to register N/Ms granted.
    The ld. advocate of proposed plaintiff No.8 submitted that she will serve notice to relevant/contesting defendants only.
    Matter is adjd. to 13/07/2021 for tendering registered NM.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: due to covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: Adv. Ms. Komal Joshi for the plaintiffs No.8 and 15.
    None for defendants.
    Adv. Mr. Morya for the defendant No.44 is present in Ch/s 1891/2017.
    Adv. Mr. Malcom Siganpavla for the applicant present in Ch/s 1891/2017.
    Adv. Ms. Memon for the defendant No.17 is present and filed undertaking as she will file vakalatnama on next date. O- Seen.
    Matter is adjd. to 05/08/2021 for Ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Court  is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: COURT IS ON LEAVE
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv. Mr. Jaykar  for the plaintiffs  Nos. 12,13,42,45 and 61 present.
    Adv. Mr. V. I/b Legal for Plff. No.1, 8 and 15 present.
    Adv. Mr. M. Jagnani for Deft. No.3 and 31 present.
    Adv. Mr. Aditya Pawar I/b Bhuta AND Associates for Deft. no.17 present.
    Adv. Ms. Ketki Pansare I/b Kachwala for Deft. No.44 present.
    Adv. Ms. Mandakini Singh   for the plaintiffs No.48 and 49 is present and filed Vakalatnama. It is t.o.r and marked at Exh.
    Adv. Labdhe for the defendant No.17  partpresent and filed Vakalatnama. It is t.o.r. and marked as Exh.  and also filed W/St.
    Draft Ch/s along with affidavit in support of Ch/s tendered by  Adv. Ms. Mandakini Singh   for the plaintiffs No.48 and 49. O  Leave to register Ch/s is granted.
    Matter is adjd. to 06/10/2021 for  NM No. 1386/2021 and NM No.1387/2021 for hearing and NM No.1687/2021 reply of plaintiffs, at 01.00 p.m.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As  per Office Order No.213 of 2021. Holiday is declared today. Matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: court is on leave
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Adv Mandakini Singh present for the plaintiff nos.48 and 49.
    She tendered register CS 1667/21 a/w affidavit in support TOR
    Adv Komal Joshi present for the plaintiff nos.1,8  and 15
    She filed draft motion a/w affidavit in support TOR O- Leave is granted. Serve to other side.
    Adv Maaz present for the defendant no.17
    Adv for defendant no.14 present.
    As Court is busy in hearing arguments in NM 2416/21 in SU 1954/21. Hence, Board is discharged.
    Matter is adjd. to 27.11.2021 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: As Court is busy in hearing argument in NM 2890/21 in SU 2173/21 and other matter on board. Hence, board is discharged.
    Matter is adjd. to 01.12.2021 Ch/s hearing at.4 pm.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Komal Joshi a/w Adv Virgil Braganza present for the plaintiff nos.1,8,15 and 22
    Adv for the plaintiff no.22 filed register NM 2976/21 a/w affidavit in support TOR
    Adv Aditya Manjrekar present for the defendants nos.3,31,38,41 and 42.
    Adv Mustafa Kachwala present for the applicant.
    Adv Pradeep present for the defendant no.17
    Adv for the defendants nos. 38,41,42 filed VN TOR
    VN filed for respondent nos.1 and 2.
    Matter is adjd. to 10.12.2021 for NM / CS argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Adv Malcolm Siganporia I/b Kachwala and Co. present for the respondent no.41
    Matter is adjd. to 21.12.2021 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Yashasvi Pnachal for Deft. No. 17 present and filed draft Ch/s along with affidavit in support of Ch/s. -O- Leave to register granted. Serve to other side.
    Adv. Kapase for Deft. Nos. 6 and 7 .
    Adv. Malcon Singapuria for applicant in Ch/s no. 1891/17 prsent.
    Court is busy in hearing argument in SU 2295/21.
    Hence, board is discharged.
    Matter is adjd. to 15-01-2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adv.Ashwin Hirulkar for plaintiff no.1 is present.
    Adv.Akshay Vani for defendant no.38,41,42 is present.
    Advocate for the defendant tendered registered N/M No.3424/2021 along with affidavit in support. t.o.r.
    Affidavit in reply filed by defendant no. 38,41,42
    Reply filed by defendant no. 38,41,42 to N/M No.4976/2019 along with affidavit t.o.r.
    Draft NM along with affidavit in support of NM tendered by advocate for the defendant no.31. O-  Leave to register N/M granted. Serve to other side.
    Affidavit in reply of defendant no.31 to the NM no.4976/19 t.o.r.
    Plaintiffs and the committee appointed by Hon''ble High Court to file reply by next date with service in advanced to defendant no. 38, 41, 42 so that they can rejoin and NM can be heard on that day.
    Matter is adjd. to 08.02.2022.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv P.Deshpande present for the plaintiff nos.1,8,15 and 22.
    Adv Mandakini Singh for plaintiff nos.48 and 49 in CS 1667/21 present.
    Adv Narvekar I/b Adv Kayval Shah for applicant present.
    Adv Malcolm Singaporia for defendant no.44 present.
    Adv for the application filed register NM No.276/22 a/w affidavit in support TOR
    Adv Aditya Manjrekar I/b Adv Akshay Vani for defendant nos.3,31,38,41 and 42 present.
    Matter is adjd. to 17.02.2022 for NM reply/hearing on ad-interim relief. (12.30 pm.)
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: As Court is busy in Recording Evidence in SU 1274/13 HHCTB matter and Judgment in SU 732/16.
    Matter is adjd. to 05.03.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: (As per order of Hon\''ble Principal Judge dtd.25/2/22, matter is reassigned to this court.)
    None present for plaintiff.
    Adv. Mr. A.S. Kapse for defendant Nos. 6 and 7 is present.
    Adv. Mr. Choudhary for defendant Nos. 38, 41, 42 and 43 is present.
    Rest of defendants are absent.
    KB LO at 12.42 pm.
    Adv. Mr. Virgil Braganza a/w Adv. Hirulkar for plaintiff Nos. 1,8,15 and 22 is present and made endorsement on NM No. 2976/21 itself about no objection.
    Adv. Mr. Mazz for defendant No. 17 is present.
    Adv. Mr. Malcam Singapuriya for defendant No. 44 is present.
    Adv. Ms. Mandagini Sinh for plaintiff Nos. 48 and 49 is present.
    Adv. Mr. Narvekar for committee of court receiver is present and he sought time to reply to NM No. 3424/21. He has filed his reply/made endorsement to Ch/s No. 1667/21 itself and also on NM No. 2976/21, NM No. 1387/21 and NM No. 1386/21.
    Adv. Ms. Sinh for plaintiff Nos. 48 and 49 made endorsement on Ch/s. No. 2172/2019 and submitted that, the applicants are withdrawing the Ch/s. She submitted that Ch/s be disposed off as withdrawn. Hence, Ch/s No. 2172/19 is disposed off as withdrawn.
    Adv. Mr. Chodhary for defendant Nos. 38, 41, 42 and 43 submitted that he wants to file reply to Chs. No. 1819/2017.
    Heard argument of Ld. Adv. Ms. Mandagini Sinh for plaintiff Nos.48 and 49 and Adv. Mr. Narvekar and Adv. Mr. Braganza on Ch/s No. 1667/21, NM No. 1386/21, NM 1387/21 and    NM No. 2976/21.
    Matter adjourned for hearing of other parties if any on Ch/s No. 1667/21, NM No. 1386/21, NM 1387/21 and    NM No. 2976/21/ Order thereon and/ NM and Ch/s reply and hearing to 28.03.2022.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 05-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113371/2019
    Filing Date: 03-12-2019
    First Hearing Date: 09th December 2019
    Decision Date: 05th March 2022
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Mar 2022

    Order Details: Chamber summons Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE Case No. :CHAMBER SUMMONS/0102172/2019 Om Sadan Co.-Op. Hsg. Soc. Ltd. -Applicant Ramanlal R. Shah and Ors. Vs Om Sadan Pvt. Ltd. and Ors. Date : 05-03-2022 Business : (As per order of Hon&amp#039ble Principal Judge dtd.25/2/22, matter is reassigned to this court.) None present for plaintiff. Adv. Mr. A.S. Kapse for defendant Nos. 6 and 7 is present. Adv. Mr. Choudhary for defendant Nos. 38,…

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