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Summons Cases SS - Summons Case SS

PERMANAND H LILANEYVsM-S AHUJA PROPERTIES AND ASSOCIATES +2 more

CNR MHMM18001591201858-
CASE DISPOSED
Uncontested--Settled by Mediation
Decision Date: 09th April 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
3101/2017
Registration Date
07 Dec 2017

Advocates

0

No advocate information is available in this record.

Parties

4

Acts & Sections

1
NEGOTIABLE INSTRUMENTS ACT · Sec 138

Case History / Proceedings

Case History
Date: 17-02-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
For Verification
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 13-03-2018

Date: 13-03-2018
Business: Ld. MM is on Leave Charge with ACMM 9th Court Hence Board is Discharge
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 19-04-2018

Date: 19-04-2018
Business: Ld. MM is on leave, Charge with ACMM, 9th court, Hence Board is discharged
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 05-07-2018

Date: 05-07-2018
Business: When called out complainant absent.  Ld. Counsel for complainant absent.
No steps taken by complainant to proceed with case.
For verification.  Adjourned to
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-08-2018

Date: 24-08-2018
Business: When called out
Complainant Present with Advocate
Exh. 4 Complainant filed Verification Statement
Exh. 5 Complainant filed Affidavit of Evidence
Exh. 6 List of Document
Adj. for Argument on Process issue Order on
Next Purpose: NOT HEARD AT 2.45 P.M.
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: When matter is called out
Complainant is absent advocate for complainant is present
O/exh.1- issue process against accused under section 138  R/W 141 Negotiable Instrument Act. summons returnable on 30.11.2018
Next Purpose: NOT HEARD CASES
Next Hearing Date: 30-11-2018

Date: 30-11-2018
Business: When matter is called out
Complainant is absent and his advocate is present
Accused is absent advocate for accused is present
Exh.7- Advocate for accused is given vakalatnama
Filed
Exh.8- Advocate for accused is given exemption application
the accused should furnish bail and recorded plea
Exh.9- Advocate for complainant is given warrant application
Keep for order
Adj for plea of accused
Next Purpose: NOT HEARD CASES
Next Hearing Date: 04-12-2018

Date: 04-12-2018
Business: When matter is called out
Complainant is present Advocate for complainant is present
Accused is absent advocate for accused is present
Exh.10- Advocate for accused is given exemption application
As per exh.8 time granted the accused to furnish bail and recorded plea. Hence, application is rejected
O/exh.9- In view of exh.8 Issue bailable warrant against the accused as pray
Adj for warrant report
Next Purpose: NOT HEARD CASES
Next Hearing Date: 19-01-2019

Date: 19-01-2019
Business: When Called out Complainant is present Advocate for complainant is present Accused is absent advocate for accused is present
Exh.11  Bailable warrant report filed by P.S. Santacruz
Exh. 12 Application for stay of bailable warrant filed by Adv for Accused
Order Bailable warrant is executed
Exh. 13. Application for Direction to deposit money u/s 143(A) of N.I. Act
filed by Adv for Complainant
Order - Other side to file say on Exh. 13.
Adj for Say on Exh.13
Next Purpose: NOT HEARD CASES
Next Hearing Date: 26-03-2019

Date: 26-03-2019
Business: Today case not trace.
Both parties absent.
Their advocate absent.
For say on exh.13.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 17-05-2019

Date: 17-05-2019
Business: When called out complainant present with advocate.
Accused present with advocate.
Exh.14. Plea of accused recorded today.
Matter send for mediation.
For mediation report.
Next Purpose: NOT HEARD CASES
Next Hearing Date: 07-06-2019

Date: 07-06-2019
Business: When matter is called out
Complainant is present advocate for Complainant is present
Accused is present advocate for accused is present
O/Exh.13- Say not filed. Hence, proceed without say
Adj for Argument on Exh.13 application u/s. 143-A
Next Purpose: PART HEARD
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
Adv for complainant argument on exh.13. 143(A)
For order on exh.13. 143(A).
Next Purpose: PART HEARD
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with M.M.12th court.
Adj for.
Next Purpose: PART HEARD
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: When called out complainant present with advocate.
Accused absent advocate present.
For order on exh. 13 - 143(A)
Next Purpose: PART HEARD
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: When called out complainant absent advocate present.
Accused absent advocate present.
Accused no. 2 and 3 exempted.
Today order passed on application 143(A) at exh.13.
Application is rejected.
for cross.
Next Purpose: PART HEARD
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: When called out complainant and advocate present.
Accused absent advocate present.
For cross.
Next Purpose: PART HEARD
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: When called out complainant and advocate present
Accused absent advocate present.
Exemption application is rejected.
Application for warrant
Issue NBW warrant against accused
For NBW report and cross.
Next Purpose: PART HEARD
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down extended up to 3rd May 2020
Next Purpose: PART HEARD
Next Hearing Date: 06-07-2020

Date: 06-07-2020
Business: As per directions of Honble High Court, due to precautions against corona virus and as there is no urgency in the matter, Hence case is adjourned.
Next Purpose: PART HEARD
Next Hearing Date: 15-07-2020

Date: 15-07-2020
Business: Case taken on today board.
Accused are absent,
Advocate for accused present.
Adv for accused filed application for cancellation of warrant against accused no. 2 and 3.
Order passed on application.
Warrant issued against accused no. 2 and 3 are cancelled, subject to penalty of Rs. 2500/- each.
Next Purpose: PART HEARD
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Business: As per directions of Honble High Court, due to precautions against corona virus and as there is no urgency in the matter, Hence case is adjourned.
Next Purpose: PART HEARD
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: When called out, complainant absent, his advocate absent.
Accused absent, his advocate present.
For NBW report.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Board is discharged.
As Ld M.M.is on leave.
Charge is with Ld. M.M.12th court.
Adj for.
Next Purpose: Awaiting execution of service NBW
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: When called out, complainant absent, his advocate present.
Accused absent, his advocate present.
Exh.16. Adv for complainant filed V.P today.
Exh.17. Adv for complainant filed application for filing additional affidavit of evidecne of Mr. Parmanand Laillaney, P.W.No.1.
Accused to say.
For say on accused on exh. 17.
Next Purpose: PART HEARD
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: When called out complainant present with advocate.
Accused absent, his advocate present.
Matter send for mediation.
Exh.18. Information regarding mediation.
For mediation report.
Next Purpose: PART HEARD
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: When called out, complainant absent, his advocate present.
Accused absent, his advocate present.
For mediation report and withdrawal
Next Purpose: PART HEARD
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: When called out, complainant absent, his advocate present.
Accused absent, his advocate present.
Order below exh.1.
The case was referred to the mediation. The complainant and accused arrived on settlement before the trained mediator.  The mediator sent a report about the successful mediation at exh.20..  The complainant is present before me. She does not want to proceed with the case.  Hence case is withdrawn for want of prosecution.  The accused are acquitted u/s. 320 (8) of crpc.
The court fee be refunded to the complainant as per rules.
Nature Of Disposal: Settled by Mediation
Disposal Date: 09-04-2021

Additional Case Details

Additional Case Details
Filing Number: 10545/2017
Filing Date: 07-12-2017
First Hearing Date: 17th February 2018
Decision Date: 09th April 2021
Court Number And Judge: 58-

Orders

1
Final Order 1
09 Apr 2021
Order Details: Order Below EX 1
Pdf Text: MHMM180015912018
IN THE COURT OF THE METROPOLITAN MAGISTRATE, 58TH
COURT, BANDRA, MUMBAI
ORDER BELOW EXH. 01 IN C. C. No.3101/SS/2017
The case was referred to the mediation. The
complainant and accused arrived on settlement before the trained
mediator. The mediator sent a report about the sussessful
mediation at Exh.20. The complainant is present before me. He
does not want to proceed with the case. Hence, case is withdrawn
for want of prosecution. The accused are acquitted u/sec.320(8) of
Cr.P.C.
The court fee be refunded to the complainant as per
rules.
Mumbai, (M.Y.Wagh)
Dated : 09.04.2021. Metropolitan Magistrate,
58th Court, Bandra, Mumbai.
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