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CHAMBER SUMMONS

Ashok J. Kanakia - deceased Shri. Ravindrakumar C. Sharma and Ors.VsM/s. Indo Saigon Agency and Ors.

CNR MHCC01013021201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 06th August 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
102252/2019
Registration Date
12 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: 14-01-2020
    Business: Advocate Mr. S. Seegarla for Plaintiff present and filed registered Chamber Summons no.2252/2019 with affidavit in support, t.o.r.  he also filed affidavit of service, t.o.r.
    None present for Defendant.
    Case is adjourned to 12/03/2020 for Chamber Summons reply/hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Advocate Mr. S. Seegarla for Plaintiff present
    None present for Defendant.
    It is made clear that, if on next date, Defendant will not file Chamber Summons reply Chamber Summons will be made absolute by the court.
    Case is adjourned to 18/04/2020 for Chamber Summons reply/hearing.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-05-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lock down
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-05-2020
    
    Date: 08-05-2020
    Business: National Lock down
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to lock down case is adjd. to 11.08.2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Business: Adjd. to 29.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 20/01/2021 for
    Ch/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: None present for plaintiff.
    None present for defendant.
    As nobody is present for both the parties, considering the pandemic condition matter is adjd. for CS reply to 20.03.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: None prpesent for both parties.
    Despite granting more than sufficient opportunities, deft. failed to file reply hence, ch/s.no2252/2019 to proceed without reply to the deft. Adjd.for ch/s. Arguments to 23/04/2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-06-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: Adv. Shri S. Seegarla for plaintiff present.
    None present for defendant. Heard argument of learned advocate for plaintiff in Chamber Summons No.2252 of 2019.
    As nobody is present for the defendant, considering the present Pandemic Condition and for giving fair opportunity to the defendant, Chamber Summons be kept for argument of defendant and order to 12.07.2021.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Adv Mr. S.M. Seegarla for plff present.
    None present for defts.
    K.B.
    L.O. at 1.15 p.m.
    Adv Mr. S.M. Seegarla for plff present and seeks adjournment.
    None present for defts.
    Matter is adjd. for Ch/s hearing to 06.08.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: None present for both the parties.
    K.B.
    L.O. at 5.00 p.m.
    Argument of adv. for the plff is heard in Ch/s NO.2252/2019 on 30.06.2021 and matter was adjourned for argument of defendant. Despite granting several opportunities, defendant failed to argue said Ch/s. They also failed to file reply to the said Ch/s. It is mentioned in the affidavit filed in support of ch/s that plff no.3 Ravindrakumar Sharma expired on 03.12.2016 and he is survived by his widow only. It is contended in the affidavit filed in support of ch/s that the delay caused in taking out the Ch/s is not intentional. Ch/s is taken out on 06.12.2019. Apparently there is a delay however, it does not appear that the delay is intentional.  The contention is raised about the death of plff no.3 is supported by copy of death certificate. Since there is no resistance to the Ch/s, this Court is of the opinion that there is sufficient cause to condon the delay and allow the plaintiffs to bring on record the HLR of deceased plaintiff NO.3. Thus Chamber Summons NO.2252/2019 is allowed.
    Plaintiffs shall carry out the amendment as per the schedule within two weeks from today.
    Matter is adjd. for compliance to 20.09.2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 06-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 113772/2019
    Filing Date: 12-12-2019
    First Hearing Date: 14th January 2020
    Decision Date: 06th August 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Aug 2021

    Order Details: Other Pdf Text: 06/08/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 59 SU 6387/04 None present for both the parties. K.B. L.O. at 5.00 p.m. Argument of adv. for the plff is heard in Ch/s NO.2252/2019 on 30.06.2021 and matter was adjourned for argument of defendant. Despite granting several opportunities, defendant failed to argue said Ch/s. They also failed to file reply to the said Ch/s. It is mentioned in the affidavit filed in support of ch/s that…

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