Skip to main content
SUMMARY CIVIL SUIT - SUMMARY SUIT

Dr. Batras Positive Health Clinic Private LimitedVsDr. P. Chandrakanth

CNR MHCC01013712201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th October 2025

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100696/2021
Registration Date
24 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: As per the directions the suit is not covered under office order No. 84 of 2020 dt. 05.06.2020. Hence adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: None present.
    Matter adjd for report to 21-06-2021.
    Next Purpose: REPORT
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: Both parties and their advocates are absent when called out.
    Next Purpose: REPORT
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 18.08.2021.
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: None present.
    Perused the proceedings.  As per Judicial order dated 18.12.2019, present matter is removed from the Commercial category.  Said order directs registration of the suit as a Summary Suit.  As per circular no.30/2021 dated 05.07.2021, present matter is required to be sent back to the Office of Registrar (Civil) for registration of the suit as per order dated 18.12.2019.  Hence, it be sent to the Office of Registrar (Civil) for further assignment.
    Registrar (Civil) is directed to act according to the Judicial order dated 18.12.2019.
    Matter is adjd for compliance of above order to 28.08.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: COURT IS VACANT
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Court is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: None present.
    Matter is adjd for compliance on 12-04-2022
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: P.O. is on training
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-06-2022
    
    Date: 30-06-2022
    Business: None for Plaintiff.
    None for Defendant.
    The matter is transferred to this court from Commercial Court.
    O :- Issue notice to the Plaintiff on Court Motion to appear and to proceed in the matter.
    Matter adjourned to 26/08/2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: As the Court time of Civil Board is over, hence board discharged.
    Matter adjourned to 11.11.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: None for plaintiff.
    Matter is adj to 11/01/2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv.Ms.Deepa Kamath for plaintiff present. She filed application for    issuance of fresh writ of summons to defendants on present address and additional address (Exh-2).
    Order-Plaintiff has filed application for issuance of fresh writ of summons to defendant on his present as well as additional address. However, no additional address as such is provided.  Hence, summons can not be issued on so called additional address.  Hence re-issue summons on available address of defendant. Plaintiff to lodge writ of summons within two weeks.
    Matter is adj to 06/03/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Deepa Kamath for plaintiff present.
    At the request of advocate for plaintiff matter is kept back.
    Matter called out at 12.24pm
    Adv.Deepa Kamath for plaintiff filed application (Exh-3) for issuance of writ of summons to the defendant on fresh address provided in the application.
    In view of the same, issue writ of summons on both the addresses.
    Matter is adj to 08/06/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Deepa Kamath for the plaintiff is present.
    Awaiting service report.
    Matter is adj to 24.08.2023 for service report.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Deepa Kamath for plaintiff is present and filed affidavit of service. TOR. It is marked as Exh-4.
    Order below Exh-1
    Plaintiff has filed the service affidavit in respect of the service of the writ of summons on the defendant.  It appears that the suit summons sent by RPAD has been returned with the postal endorsement refused. The counsel for the plaintiff prayed for proceeding the suit ex-parte with the submission that the defendant is duly served.
    As the defendant refused to accept the writ of summons, it is declared that defendant is duly served. Thus, despite of service of writ of summons, the defendant failed to appear and therefore, suit proceed to ex-parte against him.
    Matter is adj to 20.11.2023 for filing original documents, if any, and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-11-2023
    
    Date: 20-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Pushpa Thapa for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 26.02.2024 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-02-2024
    
    Date: 26-02-2024
    Business: Court is on leave.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The matter is very old. The plaintiff is given last chance to file ex-parte evidence.
    Matter is adj to 25.06.2024 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 02.09.2024 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 07.10.2024 for filing original documents and ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Sonali Pawar h/f Adv. Deepa Kamath for plaintiff is present and requested for adjournment to file evidence. Adjournment is granted.
    Matter is adj to 04.12.2024 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 27.02.2025 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff is given last chance to file ex-parte evidence.
    Matter is adj to 11.04.2025 for filing ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 11-04-2025
    
    Date: 11-04-2025
    Business: Plaintiff advocate absent.
    Matter is adj to 15.07.2025 for exparte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 15-07-2025
    
    Date: 15-07-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Plaintiff was given last chance to file ex-parte evidence. Plaintiff failed to file ex-parte evidence. Hence, matter is kept for dismissal order.
    Matter is adj to 02.08.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-08-2025
    
    Date: 02-08-2025
    Business: P. O. is on half day leave(in first session).
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-10-2025
    
    Date: 04-10-2025
    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 1.55 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused record. Order is passed on 24.08.2023 to proceed matter ex-parte against defendant and it was adjourned on 20.11.2023 for filing ex-parte evidence. Thereafter, it was adjourned on 26.02.2024, 06.04.2024, 25.06.2024, 02.08.2024, 07.10.2024, 04.12.2024, 27.02.2025, 11.04.2025, 15.07.2025, 02.08.2025 and today.  Plaintiff failed to file his evidence. Even today also plaintiff is absent. He has neither sought adjournment nor file ex-parte evidence. Thus, it appears that near about two years matter is pending for ex-parte evidence. It appears that plaintiff is not interested in conducting the matter. Therefore, no purpose would served by keeping the matter pending. Hence, I proceed to pass following order-
    Order
    Sum. Suit No. 696 of 2021 is hereby dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-10-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 114177/2019
    Filing Date: 20-12-2019
    First Hearing Date: 20th April 2020
    Decision Date: 04th October 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Oct 2025
    Order Details: Other
    Pdf Text: 12
    04/10/2025
    SUM
    696/21
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 1.55 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused record. Order is passed on 24.08.2023 to proceed
    matter ex-parte against defendant and it was adjourned on
    20.11.2023 for filing ex-parte evidence. Thereafter, it was
    adjourned on 26.02.2024, 06.04.2024, 25.06.2024,
    02.08.2024, 07.10.2024, 04.12.2024, 27.02.2025,
    11.04.2025, 15.07.2025, 02.08.2025 and today. Plaintiff
    failed to file his evidence. Even today also plaintiff is absent.
    He has neither sought adjournment nor file ex-parte
    evidence. Thus, it appears that near about two years matter
    is pending for ex-parte evidence. It appears that plaintiff is
    not interested in conducting the matter. Therefore, no
    purpose would served by keeping the matter pending. Hence,
    I proceed to pass following order:-
    Order
    Sum. Suit No. 696 of 2021 is hereby dismissed in default.
    Judge
    -- 1 of 1 --

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.