SUMMARY CIVIL SUIT - SUMMARY SUIT
Hiravanti Laherchand MepaniVsManibhadra Investment and Reconstruction Co.
CNR MHCC01013157201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 24 Sept 2026
Case Overview
- Registration Number
- 100017/2022
- Registration Date
- 20 Jan 2020
- Next Hearing Date
- 30 Sept 2026
- Case Stage
- AFFIDAVIT OF SERVICE
Advocates
3For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 18-02-2020
Business: Adv. Disha Vardhan for plaintiff filed
Service report
Exh.1- Plaint
Exh.2- V/p
Exh.3- Memorandum of address.
Exh.4- List of documents.
Exh.5- Application for substituted service.
Heard. The baliff/sheriff report dtd.07.02.2020 shows that though the bailiff had been to the address of the defendant, the authorized signatory of the defendant was not found and accountant of the defendant did not accept the summons. In these circumstances this is fit case to issue summons by substituted mode by pasting.
Hence, issue summons to the defendant under order 5 rule 20 of CPC by substituted mode of service by pasting on conspicuous place of both the addresses of the defendant and also issue summons to the defendant on both the addresses by RPAD.
Adjd for service to 11-03-2020
Next Purpose: SERVICE
Next Hearing Date: 11-03-2020
Date: 11-03-2020
Business: Adv. Disha Vardhan for plaintiff.
None for defendant.
Adjd for service to 16-04-2020
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Next Purpose: SERVICE
Next Hearing Date: 07-07-2020
Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: SERVICE
Next Hearing Date: 12-08-2020
Date: 12-08-2020
Business: Wrongly shown on today\''s board.
Matter adjd to 21.08.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-09-2020
Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 15.9.2020 and office order no.128 dtd.19/9/2020 of this Court, Courts shall attend the duties in two shift w.e.f. 21/9/2020
Matter adjd to 20/10/2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-10-2020
Date: 20-10-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.136/2020 dtd.30/9/2020 of this Court.
Matter adjd to 11/11/ 2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 07.12.2020 for service.
Next Purpose: SERVICE
Next Hearing Date: 07-12-2020
Date: 07-12-2020
Business: Adv.Ms.Sonal Darbar for plaintiff present.
Adv. for plaintiff tendered affidavit of service summons duly served to the defendant.
Matter adjd to 07.01.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Adv.Priti Gada for plaintiff present.
None present for defendant.
Matter adjd to 22.01.2021 for Ex-parte Order.
Next Purpose: ORDER
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Plaintiff absent.
Defendant absent.
Adv. Preeti Gada for plaintiff present.
Adv. for defendant absent.
Peruse the affidavit of service on summons of defendant dated
12-03-2020. The defendant served had not appearing the suit.
Suit to proceed ex-parte against the defendant.
Matter adjd to 08-02-2021 for ex-parte order
Next Purpose: FOR___________________
Next Hearing Date: 08-02-2021
Date: 08-02-2021
Business: Adv.Sonal Darbar for plaintiff present.
None present for defendant.
Defendant had not appeared in the suit. The suit to proceed ex-parte against defendant.
Matter adjd to 01.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: BY PRECIPEE
Adv.for plaintiff
Adv.Anand Nikhil present and filed application for matter taken on today\''s board, Exh.6. O-Allowed.
Adv.Anand Nikhil filed vakalatnama on behalf of defendant t.o.r.
O-put up for order on date fixed.
Matter adjd to 01.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 01-03-2021
Date: 01-03-2021
Business: Adv.Priti Gada for plaintiff present.
Adv.Anand Nikhal for defendant present.
Matter adjd to 11.03.2021 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2021
Date: 11-03-2021
Business: Adv.Sonal Darbar for plaintiff present.
Adv.Sanjay Patankar for defendant present.
Adv. of defendant filed adjournment application, Exh.7 t.o.r.
O-Granted.
Matter adjd to 30.03.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-03-2021
Date: 30-03-2021
Business: None present for plaintiff.
Adv.Anand Nikhal for defendant present.
Written Statement tendered by Adv. of defendant t.o.r.
O-Plaintiff to say.
Matter adjd to 17.04.2021 for say on written statement.
LO
Adv.Ms.Jinklle Vira h/f. Adv.Preeti Gada for plaintiff present.
Adv.Anand Nikhal for defendant present.
Ld.Adv. for plaintiff submits that she has no objection to permit the defendant to file written statement.
Order on written statement-filed.
Written Statement be exhibited as Exh.8.
With consent of both the advocates date is changed.
Matter adjd to 23.04.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-04-2021
Date: 30-04-2021
Business: Adv.Dnyaneshwar Kotian for plaintiff present.
None present for defendant.
Adjd to 22.06.2021 for Written Statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: PO is on Leave.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-06-2021
Date: 30-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 14.07.2021 for filing W/S.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-07-2021
Date: 14-07-2021
Reason For Adjournment: court time is over
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 29-07-2021
Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 02.08.2021 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Jinklle Vira present for plaintiff.
None present for defendant.
Record shows that the defendant already filed the written statement at EXh. 8 hence suit is not in the caption of filling written statement. the plaintiff today file an application (Exh 9) for converting this suit into summary suit taken on record , order - Other side to say.
Adjd for say on Exh. 9 to 09/08/2021.
Next Purpose: FILING SAY
Next Hearing Date: 09-08-2021
Date: 09-08-2021
Business: PO is on Leave.
Next Purpose: FILING SAY
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv.Ms.Sonal Darbar for plaintiff present.
None present for defendant.
The Ld.Adv. for the plaintiff submits that she has filed application Exh.09 seeking direction to the Registrar to register the suit as summary suit instead of commercial suit. The plaintiff is directed to file NM regarding the same. With these direction application Exh.09 is disposed off.
Matter adjd to 18.08.2021 for filing N/M by the plaintiff.
Next Purpose: NM FIRST ON BOARD
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: NM FIRST ON BOARD
Next Hearing Date: 23-08-2021
Date: 23-08-2021
Business: Adv.Jinklle Vira for plaintiff present.
None present for defendant.
Adv. of plaintiff filed draft notice of motion a/w. affidavit in support of draft notice of motion t.o.r.
O-Leave granted to register draft notice of motion.
Matter adjd. to 06.09.2021 for affidavit of service (NM).
Judge
LO at 02.50 pm
Adv.Clarissa Miranda for defendants present.
Matter adjd. to 06.09.2021 for affidavit of service (NM).
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
None present for defendant.
Adv. of plaintiff tendered registered NM No.1892/21 a/w.affidavit in support.
Matter adjd to 21.10.2021 for service affidavit of NM.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-10-2021
Date: 21-10-2021
Business: Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
None present for defendant.
On oral request of the plaintiff, adjd for filing service affidavit.
Matter adjd to 16.11.2021 for affidavit of service.
Judge
LO at 12.43 pm
Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
Adv.Neel Gala for defendant present. He submits that he has received copy of NM and he will file reply to NM on next date.
Matter adjd to 16.11.2021 for affidavit of service and NM reply.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv.Preeti Gada for plaintiff present.
None present for defendant.
The plaintiff tendered affidavit of service in NM No.1892/21, Exh.10 t.o.r.
KB for passing order.
LO at 03.45 pm,
None present.
ORDER IN NM 1892/21
No reply filed by the defendant on notice of motion No.1892/21.
Matter adjd for hearing on NM No.1892/21 on 26.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv.Sonal Darbar h/f.Adv.Preeti Gada for plaintiff present.
Adv.S.P.Patankar h/f.Adv.Anand Nikhal for defendant present.
KB
LO at 12.39 pm,
Adv.Preeti Gada for plaintiff present.
Adv.S.P.Patankar h/f.Adv.Anand Nikhal for defendant present.
Heard plaintiff on NM No.1892/21. Heard the Ld.Adv.of defendant on law points in NM No.1892/21.
Matter adjd to 14.12.2021 for NM order.
Next Purpose: NM ORDERS
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: Adv.Preeti Gada for plaintiff present.
Adv.Patankar h/f.Adv.Anand Nikhal for defendant present.
KB for order
LO at 03.11 pm,
As other similar matter is kept on 05.01.2022, hence, adjourned.
Matter adjd to 05.01.2022 for NM Order.
Next Purpose: NM ORDERS
Next Hearing Date: 05-01-2022
Date: 05-01-2022
Business: As Commercial Suit No.37/2020 is converted as Summary Suit No. 17/2022 and same is transferred to CR No.61.
Matter adjd to 03.03.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 03-03-2022
Date: 03-03-2022
Business: P O is on training
Next Purpose: NM ORDERS
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: PO is on training. Matter adj. to
Next Purpose: DIRECTIONS
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Preeti Gada for Plaintiff present.
None for Defendant.
Advocate for plaintiff filed summons for judgment along with affidavit in support
O-Leave granted to register.
Plaintiff to serve copy on other side and file affidavit of service.
Matter adjourned to 19.10.2022 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 19-10-2022
Date: 19-10-2022
Business: Adv.Priti Gada for plaintiff present. She filed registered SJ No.246/22 along with affidavit. O-Filed.
As court is busy in dictating order in SJ No.68/2019 in Summary Suit No.669/2019, matter is adj to 21/12/2022 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: Adv. Preeti Gada for plaintiff present.
She filed affidavit of service of S/J. She submits that S/J is served on defendant through E-Mail on the Ld. advocate for defendant. She submits that same advocate through same E-mail ID has responded to her before some time. She as such submit that the E-mail ID of the defendant advocate is proper and being used by him.
As the affidavit of service do not contents these facts, plaintiff to file additional affidavit, requisite for issuance of summons/notice through e-mail.
None for defendant.
Matter is adj to 16-02-2023 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-02-2023
Date: 16-02-2023
Business: Adv.Preeti Gada for plaintiff present. She filed affidavit of service of SJ. T.O.R
None for defendant.
Matter is adj to 05/04/2023 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: As court is busy in hearing final arguments in Sessions Case Nos.1884/2019 and 208/2020, remaining second session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 15.06.2023 for S/J. Hrg.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Preeti Gada for plaintiff present.
Defendant and his counsel absent.
Matter is adj to 24.08.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-08-2023
Date: 24-08-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Jitendra Gupta i/b Preeti Gada for plaintiff is present and prayed for adjournment. Adjournment is granted.
Matter is adj to 05.12.2023 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-12-2023
Date: 05-12-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Advocate Priti Gada for the plaintiff present.
Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining morning and afternoon board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 22.02.2024 for SJ Hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv Ms.Preeti Gada for the plaintiff is present and filed list of document. Taken on record. It is marked as Exh.11.
Defendant and his advocate are absent.
Matter is adj to 5.4.2024 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 05-04-2024
Date: 05-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present.
The defendant and his counsel are absent.
Keep back.
Later on at 1.30 pm
Adv. Preeti Gada for plaintiff is present.
The defendant and his counsel are absent.
Heard counsel for the plaintiff on Summons for judgment No.246/22
Matter is adj to 26.04.2024 for filing translated copy.
Next Purpose: FILING AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-04-2024
Date: 26-04-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present and filed an application for production of documents along with list of documents and document. Taken on record. They are marked as Exh-12 and 13 respectively.
The defendant and his counsel are absent.
Matter is adj to 10.05.2024 for order on Summons for judgment.
Next Purpose: ORDER
Next Hearing Date: 10-05-2024
Date: 10-05-2024
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.58 pm
Adv. Preeti Gada for plaintiff is present and filed an application for adjournment for carry out necessary amendment. Taken on record. It is marked as Exh-14. O-Allowed
The defendant and his counsel are absent.
Matter is adj to 07.08.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2024
Date: 07-08-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present and requested for adjournment. Adjournment is granted as last chance.
The defendant and his counsel are absent.
Matter is adj to 26.09.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-09-2024
Date: 26-09-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present and requested for adjournment to take steps. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 10.12.2024 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2024
Date: 10-12-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present and requested for adjournment to take steps. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 20.01.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-01-2025
Date: 20-01-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to take steps.
Matter is adj to 07.03.2025 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-03-2025
Date: 07-03-2025
Date: 25-04-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present and filed draft Chamber Summons to add party along with affidavit in support. O-Leave is granted to register the draft Chamber Summons.
Matter is adj to 21.07.2025 for filing registered Chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 21-07-2025
Date: 21-07-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan for plaintiff is present and filed registered Chamber summons No.1285/25 along with affidavit in support. She also filed affidavit of service of Chamber summons.
The defendant and his counsel are absent.
On perusing affidavit of service, it appears that Chamber summons is served on defendant on 21.06.2025.
Matter is adj to 21.08.2025 for filing reply to Chamber summons
Next Purpose: REPLY
Next Hearing Date: 21-08-2025
Date: 21-08-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan i/b Adv. Preeti Gada for plaintiff is present through video conferencing
The defendant and his counsel are absent.
Defendant is given last chance to file reply to Chamber summons
Matter is adj to 23.09.2025 for filing reply to Chamber summons.
Next Purpose: REPLY
Next Hearing Date: 23-09-2025
Date: 23-09-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present.
The defendant and his counsel are absent.
Defendant failed to file reply to Chamber summons. Hence, Chamber summons is kept for hearing.
Matter is adj to 16.10.2025 for hearing Chamber summons
Next Purpose: C/S HEARING
Next Hearing Date: 16-10-2025
Date: 16-10-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Preeti Gada for plaintiff is present through video conference.
The defendant and his counsel are absent.
Heard advocate for plaintiff on Chamber summons.
Matter is adj to 06.11.2025 for Order on Chamber summons.
Next Purpose: CH/S ORDERS
Next Hearing Date: 06-11-2025
Date: 06-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Court is busy in dictating order in Suit No.7457/96 and Sum. Suit No. 617/19 and recording evidence in Suit No. 6590/03 and haring argument in Suit No. 6641/04, 3674/09, 4704/11, 8114/98 and NM No.4167/25.
Matter is adj to 15.11.2025 for order on Chamber summons
Next Purpose: CH/S ORDERS
Next Hearing Date: 15-11-2025
Date: 15-11-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Order on CS No.1285/25
Perused chamber summons and affidavit in support thereof. Chamber summons is served on proposed defendant No.2. However, the defendant failed to appear and file reply to the Chamber summons. Heard counsel for plaintiff. It is the contention of the plaintiff that he had filed suit against defendant and he appeared in the matter. Thereafter, he has taken out Summons for judgment No.246/22 and it is kept for order as defendant is not appearing in the matter. Thereafter, plaintiff tried to search new address of defendant and he recently came to know that one other suit is filed against defendant and its partner. Thus, defendant came to know about new address of defendant and its partner. Therefore, plaintiff wants to add proposed defendant No.2 being partner of defendant No.1. Further, it is inadvertently mentioned in paragraph No.3 of plaint that bill of exchange cum promissory note instead of only promissory note. The word Bill of Exchange needs to be deleted as it is typographical mistake. Further, initially suit was filed as Commercial suit. However, it is subsequently converted into Summary suit. However, paragraph No.21(a) i.e. contentions with respect to Commercial suit needs to be deleted. It is further submitted that these amendments are necessary and if it is allowed, no prejudice would cause to the defendants. Hence, Chamber summons may be allowed.
On perusing record, it appears that plaintiff has served Chamber summons only to proposed defendant No.2 and not to the present defendant. Further, proposed defendant No.2 failed to file reply to Chamber summons. Further, on perusing proposed amendments in chamber summons, I am of view that so far as change of address of defendant is concerned, no prejudice would cause to the defendant. So far as adding proposed defendant No.2 is concerned, it is contention of plaintiff that he has recently came to know that proposed defendant No.2 is partner of defendant No.1. Therefore, I am of view that proposed defendant No.2 is necessary party in present suit. On perusing plaint, it appears that plaintiff has made Partnership Firm as a party defendant. So far as contention of plaintiff that word Bill of Exchange is a typographical mistake and instead of Bill of Exchange cum Promissory note, only Promissory Note needs to be pleaded. Therefore, considering the facts and circumstances of the case, I am of the view that if proposed amendment annexed to schedule in Chamber summons, no prejudice would cause to defendants. Hence, I proceed to pass following order-
Order
1. Chamber summons No.1285 of 2025 is hereby allowed.
2. The plaintiff is directed to carry out proposed amendment, as per schedule annexed to the chamber summons within 14 days.
3. The plaintiff is directed to file amended copy of the plaint and supply it to the defendants.
4. Chamber summons No.1285 of 2025 is disposed of accordingly.
Matter is adj to 17.12.2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-12-2025
Date: 17-12-2025
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Priti Gada for plaintiff is present and filed amended plaint. Taken on record.
The defendant and his counsel are absent.
Matter is adj to 17.02.2026 for serve the copy of amended plaint to other side.
Next Purpose: COMPLIANCE
Next Hearing Date: 17-02-2026
Date: 17-02-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Vanshika Mahajan h/f Adv. Preeti Gada for plaintiff is present and requested for adjournment. Adjournment is granted.
The defendant and his counsel are absent.
Matter is adj to 30.03.2026 for service of amended plaint.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2026
Date: 30-03-2026
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Advocate for plaintiff is present through VC. and filed affidavit service of amendment plaint. Taken on record.
Defendant and advocates absent.
Issue writ of summons to defendant no 2
Matter is adj to 22/06/2026 for filing affidavit of service.
Judge
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2026
Date: 22-06-2026
Business: P. O. has not taken charge.
As per Standing Order dated 123/2026, the charge of C.R.No.81 is with C.R.No.83.
Board is discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-08-2026
Date: 05-08-2026
Business: court is on training
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-09-2026Additional Case Details
Additional Case Details
Filing Number: 113925/2019 Filing Date: 16-12-2019 First Hearing Date: 18th February 2020 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
0No order text is available in this record.
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
