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CHAMBER SUMMONS

Sunil Dalpat Patel Applicant and Org. Plff. Harsha Yogesh KapadiaVsJitendra Haridas Udeshi

CNR MHCC01013517201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 26th October 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102329/2019
Registration Date
24 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-01-2020
    Business: Advocate Ms.Urvi Shah for Plaintiff present
    Advocate Mr. Padmakar Garad for applicant present and filed registered Chamber Summons no.2329/2019 with affidavit in support, t.o.r. Applicants advocate submitted that copy of Chamber Summons is served upon Plaintiff and some of the Defendants and affidavit of service will be filed. Plff\''s advocate submitted that parties are thinking for settlement in the matter.  Considering submissions parties are directed to sign referral letter so that matter can be referred for mediation if really parties are serious about settlement.
    Case is adjourned to 28/02/2020 for settlement/service.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: Clerk of advocate for Plaintiff present.
    Advocate Mr. Garal for applicant present and filed affidavit of service of Chamber Summons, t.o.r.
    Advocate Rochiramani for Defendant no.1 to 3 present and filed affidavit in reply to Chamber Summons no.2329/19, t.o.r. Copy of Chamber Summons reply is served upon advocate for applicant as well as upon clerk of advocate for Plaintiff.
    Case is adjourned to 23/04/2020 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-04-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 23-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-05-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 14-05-2020
    Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.77.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 03-06-2020
    Business: Case is adjd.to 20.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 20-06-2020
    Business: National Lock down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Business: Due to Covid 19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: None present for Plaintiffs.
    Adv. Shivaji Yadav for Defendant no. 2 present.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/01/2021 for NM REPLY REJOINDER.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for both the parties.
    None present for the applicant in CS No. 2329/2019.
    As nobody present for the parties, considering present pandemic condition, matter is adjd. for CS hearing to 08.03.2021.
    Judge
    L.O.
    Adv Ms.Bhairavi Pathak for plff present.
    Alerady adjd. to 08.03.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Clerk for Adv Ms. Bharvi Pathak for plff present and seeks adjournment by submitting that adv Pathak is unable to attend this Court as she is busy in Small Causes Court.
    None present for deft and applicant in CS No.2329/2019.
    Matter is adjd at same stage to 03.05.2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: None present for both the sides and applicant in Ch/s No.2329/2019 hence, matter be kept for order.
    Matter is adjd. for order to 27.10.2021.
    Judge
    L.O.at 3.50 p.m.
    Adv Ms. Bhairavi Pathak for plff present.
    Already adjd. to 27.10.2021.
    Next Purpose: ORDER
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: None present for both parties.
    K.B.
    L.O.
    Adv Urvi Shah i/b Bhairavi Pathak for plff present.
    Deft No.2 present.
    None present for the applicant in ch/s No.2329/2019 hence, said Ch/s is kept for dismissal order.
    Matter is adjd. for Ch/s dismissal order to 12.11.2021.
    Judge
    L.O. at 5.30 p.m.
    Adv Ms. Kirti Pardeshi for applicant in Ch/s No.2329/2019 appeared and submitted that she was present in the Court hall itself but she was not aware that suit is at serial No.1 because of which, she could not give her attendance when the matter was called ealier. She requested to remove the matter from Ch/s dismissal caption. As adv. for applicant is present, Ch/s No.2329/2019 be removed from dismissal caption and it be kept for hearing.
    Already adjd. to 12.11.2021.
    Next Purpose: HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Adv Urvi Shah for plff present and endorsed reply on Chs. no. 2329/2019 itself.  None present for defendants.
    Perusal of affidavit of service shows that Ch.s is not properly served on all defendants.
    Adv Padmakar for applicant present and seeks time to take steps to serve the defendant with chs.
    Matter is adjd. for steps to. 07.01.2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-01-2022
    
    Date: 12-11-2021
    Business: Adv Urvi Shah for plff present and endorsed reply on Chs. no. 2329/2019 itself.  None present for defendants.
    Perusal of affidavit of service shows that Ch.s is not properly served on all defendants.
    Adv Padmakar for applicant present and seeks time to take steps to serve the defendant with chs.
    Matter is adjd. for steps to. 07.01.2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: None present for plff.
    Deft No.2 Chandrasen present in person.
    Adv Mr. Garad for applicant in Ch/s No.2329/2019 present and seeks adjournment to serve said Ch/s by submitting that he has recently received the address of the defts who are yet to be served.
    As nobody is present for the plff., considering present pandemic condition, matter is adjd. for service to 22.02.2022.
    Judge
    Next Purpose: SERVICE
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv Ms. Shah present for plff.
    Adv Mr. Ruchiramani present for deft. Nos.1 to 3 .
    Adv Ms. Kirti Pardeshi for applicants in Ch/s No.2329/2019 present and seeks adjournment by submitting that the some of the defendants are yet to be with the Ch/s.
    By consent, matter is adjd. for service of Ch/s to 04.04.2022.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    
    Date: 07-06-2022
    Business: Adv.Ms.Bhairavi Pathak for plaintiff present.
    Adv.M.A.Rochinamani i/b.Rochi and Rochi for defendant no.1 to 3 present.
    Adv.Padmakar Garud for applicant in chamber summons present. He pray for time to serve as per the last roznama. Time granted. Plaintiff to comply accordingly.
    Matter adjd to 19.07.2022 for filing service affidavit in ch/s.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-07-2022
    
    Date: 07-06-2022
    Business: Adv.Ms.Bhairavi Pathak for plaintiff present.
    Adv.M.A.Rochinamani i/b.Rochi and Rochi for defendant no.1 to 3 present.
    Adv.Padmakar Garud for applicant in chamber summons present. He pray for time to serve as per the last roznama. Time granted. Plaintiff to comply accordingly.
    Matter adjd to 19.07.2022 for filing service affidavit in ch/s.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv.Bhairavi Pathak for plaintiff present.
    Defendant Chandrasent Udeshi present.
    Adv.Padmakar Garad for applicant in Ch/s. no.2329/19 present.
    Adv. for applnt. in ch/s. submits that original chamber summons will be required for service through bailiff. He requested for time. Time is extended for service of chamber summons. Compliance be made.
    Matter adjd to 27.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2022
    
    Date: 19-07-2022
    Business: Adv.Bhairavi Pathak for plaintiff present.
    Defendant Chandrasent Udeshi present.
    Adv.Padmakar Garad for applicant in Ch/s. no.2329/19 present.
    Adv. for applnt. in ch/s. submits that original chamber summons will be required for service through bailiff. He requested for time. Time is extended for service of chamber summons. Compliance be made.
    Matter adjd to 27.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: None for plaintiff present.
    Adv. Salman Atlania for applicant  in Ch/S is present and submits that Ch/s is yet to be served on defendant nos. 5,15 and 16.  He requested for extension of time for said service. O: Time extended.
    Defendant no. 2 in person is present. Advocate is absent.
    Matter adjd to 28/11/2022 for service affidavit in Ch/S.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 28-11-2022
    
    Date: 27-09-2022
    Business: None for plaintiff present.
    Adv. Salman Atlania for applicant  in Ch/S is present and submits that Ch/s is yet to be served on defendant nos. 5,15 and 16.  He requested for extension of time for said service. O: Time extended.
    Defendant no. 2 in person is present. Advocate is absent.
    Matter adjd to 28/11/2022 for service affidavit in Ch/S.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Mr.Chandrasen-Deft.No.2 is present.
    None present for plaintiff.
    Adv.Padmakar Gad for applicant in Ch/s. present. He requested extension of time for service of chamber summons. Time extended till next date.
    Matter adj. to 17.02.2023 for ch/s. service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: None present for plaintiff.
    Mr. Chandrasen of defendant no.2 present.
    The applicant in C/S is absent and failed to filed service affidavit in C/S.
    Matter adjd to 30-03-2023 for Order.
    L.O 3.46 pm
    Adv. Salman Athania i/b Adv. Padmakar and Garad for applicant/third party present.
    On his oral request time for servie of chamber summons is extended.
    Next Purpose: ORDER
    Next Hearing Date: 30-03-2023
    
    Date: 30-03-2023
    Business: Defendant No.2 present.
    Adv.Urvi Shah for plaintiff present.
    Adv.Padmakar Garad for applicant in ch/s. present.
           On oral request of the applicant in chamber summons time is extended for service of chamber summons.
    Matter adj. to 15.06.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 15-06-2023
    
    Date: 30-03-2023
    Business: Defendant No.2 present.
    Adv.Urvi Shah for plaintiff present.
    Adv.Padmakar Garad for applicant in ch/s. present.
           On oral request of the applicant in chamber summons time is extended for service of chamber summons.
    Matter adj. to 15.06.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 15-06-2023
    
    Date: 15-06-2023
    Business: Adv. Bhairavi Pathak h/f Adv. Joshi for plaintiff present.
    Adv. Rochi Ramani for defendants no. 1 to 3 present.
    Adv. Salman Athania h/f Adv. Padmakar Garad for applicant in C/S Present and filed original C/S No. 2329/19 with supporting affidavit t.o.r.
    Since the C/S taken out by the applicant namely Sunil Patel who is not a party to the present suit, the applicant is directed to satisfy the Court as to how the C/S is maintanable by next date.
    Matter is adjd.to 06-07-2023 for C/S hrg
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: None for plaintiff.
    Adv. Ruchi Ramani for defendants no. 1 to 3 present.
    Adv. Salman Athania for applicant in C/S No. 2329/19 present.
    As court is busy in dictating order. Hence, matter is adjourned.
    Matter is adjd.to 01-08-2023 for C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-08-2023
    
    Date: 01-08-2023
    Business: None for plaintiff.
    Adv. Ruchi Ramani for defendants no. 1 to 3 present.
    Adv. Salman Athania for applicant in C/S No. 2329/19 present.
    Matter is adjd.to 21-08-2023 for C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. Monan Shah for plaintiff present.
    Defendant no. 2 in person present.
    Adv. Padmakar Garad for applicant in C/S  present
    Matter is adjd.to 25-09-2023 for C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2023
    
    Date: 25-09-2023
    Business: None for plaintiff.
    Defendant no. 2 in person present.
    Adv. Salman for applicant in C/S present.
    Matter is adjd.to 11-10-2023 for C/S Hrg.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Adv. Manan Shah  for plaintiff present.
    Adv. Ruchi Ramani for defendants no. 1 to 3  present.
    Adv. Padmakar Garad for applicant in C/S present
    Heard both sides.
    Matter is adjd.to  26-10-2023 for C/S Order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 26-10-2023
    
    Date: 26-10-2023
    Business: Adv. Bharavi Pathak for plaintiff present.
    Defendant no. 2 in person present.
    Adv. Salman for applicant in C/S  present.
    F. R.S.R. following order passed in C/S No. 2329/19-
                                     ORDER
    The Chamber Summons No. 2329/2019 stands dismissed.
    Matter is adjd.to 14-12-2023 for C/S Order.
    Nature Of Disposal: DISMISSED
    Disposal Date: 26-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 114309/2019
    Filing Date: 24-12-2019
    First Hearing Date: 06th January 2020
    Decision Date: 26th October 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Oct 2023

    Order Details: Chamber summons Pdf Text: 1 Ch/S No.2329/2019 MHCC010135172019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI. CHAMBER SUMMONS NO. 2329 OF 2019 IN SUIT No. 4813 OF 2008 Sunil Dalpat Patel … Applicant/Third Party Harsha Yogesh Kapadia … Plaintiff Vs. Jitendra Haridas Udeshi & Ors. … Defendants And Mr. Alok Bhattacharyaji … Respondent. Appearance Learned Advocate Mr. Padmakar Garad for the Applicant Learned Advocate Mr. Joshi for the Plaintiff. Learned Advocate Ruchi Ramani for defendant Nos.1 to 3…

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