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CHAMBER SUMMONS

PICO Capital Pvt Ltd ( Formerly Western India Garments Pvt. Ltd.)- ApplicantVsMr. Kalpesh M. Patel

CNR MHCC01012882201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 09th November 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102220/2019
Registration Date
09 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: 27-01-2020
    Business: Plaintiff and his advocate absent
    Defendant absent.
    Adv Ms. Leena Sapra for defendant present.
    Ld. advocate for defendant submitted that plaintiff has not served chamber summons yet, therefore the plaintiff to comply and provide original chamber summons in the Court.
    Matter adjd for compliance by plff and reply of defendant on  10.02.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv SL Shah for plaintiff present.
    Adv for defendant absent.
    Ld Counsel submitted chamber summons NO.2220/19 alongwith affidavit of Dilip Navale. Say of other side is called.
    Matter adjourned for say on CS to 20.03.2020.
    LO at 3.00 pm
    Adv Leena Sapla for defendant present.
    Adv for defendant submitted that copy of chamber summons is not served to her by plaintiff.
    Matter adjourned for service of CS to defendant and compliance (after service say of defendant will be taken) to 20.03.2020 at 2.45 pm.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 13.07.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 05.04.2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 28.06.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 28-06-2021
    
    Date: 28-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    Matter is adjd to 10.08.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv Ms. Leena Sapra for defendant present.
    Matter is adjd to  26.08.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: COURT IS VACANT
    Next Purpose: SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: None for plaintiff.
    Adv Leena Sapra for defendant present.
    Matter is adjd to 13.01.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: None present.
    Matter is adjd for Service to 17.03.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Plaintiff present, his advocate absent.
    CS 2220/19	Adv. Ms. Leena Sapra for Defendant present.
    SJ 355/15	She submits that she has not been served with copy of Ch/s. taken
    NM 1130/16	out by the Plaintiff.  Plaintiff undertakes to supply the copy before next date.
    	Matter adj. to 24/06/2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Advocate Ms. for Plaintiff present.
    Advocate Ms. Defendant present.
    Ld. advocate for plaintiff submits that her brief is misplaced and therefore she could not served copy of Ch/s on the advocate for defendant. At her request matter adjourned to 23-09-2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: As Court busy in dictating Judgment in Sessions Case No.1851 of 2019, matter adjd. to 02.12.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: As Court is busy in dictating Judgment in Suit No.5719/05, hence second session board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: Adv.Kanaka Kamat for plaintiff present.
    Adv. Ms. Leena Sapra for Defendant present.  She submits that she has been served with the earlier C/S and not the C/S No.2220/19.
    Ld.Adv. for plaintiff undertakes to supply C/S No.2220/19 within two weeks from today.
            On receipt of copy of C/S defendant may file reply on next date.
    In view of the above, matter is adj to 20/03/2023 for hearing on C/S No.2220/19.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court time is over, remaining second session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Adv. Ms. Leena Sapra for Defendant present.    She submits that despite the undertaking dated 06/02/2023 by the plaintiff, she has not been served with the copy of C/S No.2220/19.
    Representative of plaintiff is present.
    Plaintiff directed to serve copy of C/S to Ld.Adv. for defendant within one week from today, if plaintiff fails to comply the same C/S would stand dismissed in default.
    Matter is adj to 22/06/2023 for hearing on C/S.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Court is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-08-2023
    
    Date: 22-08-2023
    
    Date: 23-10-2023
    Business: P. O. is on Leave.
    Next Purpose: REPLY
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Nikhat Chaudhary h/f Adv. Kavita Shah i/b India Law Alliance for plaintiff is present and filed Vakalatnama of plaintiff. TOR. It is marked as Exh-5.
    Adv. Leena Sapra for defendant is present.
    Order on CS. No. 2220/19
    Counsel for the plaintiff submits that the plaintiff does not want to press the present chamber summons and accordingly, took the endorsement to that effect on the overleaf of the Chamber summons. Hence, Chamber summons No.2220/19 is disposed as not pressed.
    Order below Exh-1
    The Ld. Counsel for the plaintiff submits that the erstwhile plaintiff company has been merged into new company and accordingly, amendment is carried out in the plaint. It is emerged during the course of argument that the summons for judgment was served on the defendant before the amendment in the plaint. Though the plaint was amended, summons for judgment was not amended. On this backdrop, the counsel for the plaintiff submits that the plaintiff wants to take the steps to amend the summons for judgment and to serve it afresh on the defendant.
    Nature Of Disposal: OTHER
    Disposal Date: 09-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113628/2019
    Filing Date: 09-12-2019
    First Hearing Date: 27th January 2020
    Decision Date: 09th November 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    09 Nov 2023

    Order Details: Chamber summons Pdf Text: 56 09/11/2023 SUM 238/15 @ CS 2220/19 @ SJ 355/15 @ NM 1130/16 Exh-5 CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61) Adv. Nikhat Chaudhary h/f Adv. Kavita Shah i/b India Law Alliance for plaintiff is present and filed Vakalatnama of plaintiff. TOR. It is marked as Exh-5. Adv. Leena Sapra for defendant is present. Order on CS. No. 2220/19 Counsel for the plaintiff submits that the plaintiff does not want to press…

    Read Full Order

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