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CHAMBER SUMMONS

Brian Trevor Lobo and AnrVsAustin Lobo of Bombay Indian and Ors.

CNR MHCC0101343320194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 01st September 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102316/2019
Registration Date
21 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: 30-01-2020
    Business: Matter is called out at 2.49pm
    Adv.S.J.Khera for plaintiff present.
    Adv.R.S.Reymond for defendant no.5 to 8, 9(a) and 10(a) present.
    Plaintiff filed original C/S. T.O.R
    Adv. for defendant seeking time to give say on C/S. Time granted by way of last chance as the matter is very old.
    Defendant advocate under take to supply the copy of reply of C/S to the plaintiff in advance.
    Hence, matter is adj to 10/02/2020 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Matter is called out at 4.07pm
    Adv.S.J.Khera for plaintiff present.
    Adv.R.S.Reymond for defendant no.5 to 8, 9(a) and 10(a) present.
    Adv.R.S.Reymond for defendant no.5 to 8, 9(a) and 10(a) tendered reply on C/S No.2316/19. T.O.R.
    Copy serve to the other side.
    Matter is adj to 02/03/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Matter mention by both the advocate and matter is called out at 2.48pm
    Adv.S.J.Khera for plaintiff present.
    Adv.R.S.Reymand i/b Reymand and Company for defendant no.5 to 8 and 9(A) to 10(A) present.
    By consent.
    Matter is adj to 16/03/2020 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-07-2020
    
    Date: 08-07-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Court is on Leave. Hence matter is adjd.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    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.
    Adjd to 21.12.2020 for Ch.s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: The P.O. is on leave.  Hence board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None for plaintiff.
    None for defendants.
    Plaintiffs and their advocate are absent.  Therefore, CH/s no. 2316/19 is kept for dismissal on next date.
    Adjd to 26.02.2021 for Ch/s Dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: None for plaintiff.
    None for defendant.
    Plaintiff and his advocate are absent when the matter is called on for hearing at 2.50 p.m.  Hence kept for dismissal for next date.
    Adjd to 20.03.2021 for Ch/s for dismissal.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Adv. S.J. Khera for plff. present.
    None for deft.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of defendant.
    Adjd. to 01.04.2021 for C/S Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    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 03.05.2021 for Ch/Sum Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    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.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Adv. S. J. Khera for plaintiff present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for Ch/s hearing to 30/07/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Adv. J.J. Thakkar for plff present.
    None foe deft.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to.11.08.2021 for Chs. hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv. S. J Kher for plaintiff present.
    None for defendant.
    Chamber summons is pending since 2019 the suit is of the year 1986 therefore parties are directed to argue the Chamber summons on next date failing which chamber summons have to be decided without hearing of parties as suit is pending since last 35 years.
    Adjd for Ch/s hearing to 23/08/2021
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: Adv. Mr. S. J. Khera for plaintiff present.
    None for defendant.
    Adv. for plaintiff filed affidavit in rejoinder to the chamber summons. t.o.r.
    kb L. O at 3.16 pm
    Adv. Mr. Khera for plaintiff present.
    Heard adv. for plaintiff.
    Defendant absent. Argument of defendant not heard in view of directions in earlier roznama.
    Adjd for Ch/s orders to 01/09/2021
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 01-09-2021
    
    Date: 01-09-2021
    Business: Adv. Mr. S. J. Khera for plaintiff present.
    None for defendant.
    FRSR the following order is passed in chamber summons No. 2316/19
                                       ORDER
    1. The Chamber Summons No. 2316 of 2019 is rejected.
    2. No order as to cost.
    3. Accordingly, Chamber Summons is disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 114300/2019
    Filing Date: 21-12-2019
    First Hearing Date: 30th January 2020
    Decision Date: 01st September 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Sept 2021

    Order Details: Chamber summons Pdf Text: 1 Order in Ch/s 2316/2019 in Suit 8204/1986 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 2316 OF 2019 IN S.C.SUIT NO. 8204 OF 1986 CNR NO. : MHCC010134332019 Mr. Brian Trevor Lobo and Ors …. Plaintiffs Versus Austin Lobo and Ors ….Defendants Appearance: Mr. S. J. Khera, Advocate for the plaintiff None for the Defendants. CORAM : SMT. S.S. NAGUR, JUDGE, (C.R.NO.04) DATE : 01/09/2021 ORAL ORDER (Dictated in Open…

    Read Full Order

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