Full Order Text
Final Order 1 · 25 Apr 2024 · CNR MHCC010003992019
Order Details: Other Pdf Text: 25.04.2024 Coram : HHJ Shri V. S. Hingne, Additional District Judge, (Court Room No.31 : Commercial Court, Mumbai) Sr. No.32 Commercial Suit No. 100797/2021 SJ 14/2019 Navinchandra Steels V/s Neev Infrastructure All called, but absent. Suit is filed on 05.09.2018, as Summary Suit No. 1157 / 2018, for recovery of Rs. 4,46,299/- with interest @ of 18 % per annum. On 03.01.2019, plaintiff filed Summons for Judgement. On 10.03.2022, defendant filed reply to Summons for Judgement. Since then, Suit is pending for arguments of parties on Summons for Judgement. On 30.09.2021 the suit got re-registered as Commercial Suit No. 100797 / 2021. Perusal of roznama shows that the parties are either remaining absent or taking oral adjournments. Vide roznama Orders Dt. 18.08.2023, 08.11.2023, 16.01.2024, 09.02.2024, parties, especially plaintiff, was directed to argue the pending Summons for Judgement. Despite that, parties, especially plaintiff, failed to take steps. Sufficient time and opportunities were available to the parties, especially plaintiff, for taking steps. It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable Appellate Court and hence he is not taking any steps. No reason is forthcoming for absence and inactivity of plaintiff. Therefore, no purpose would be served by keeping the Suit pending for indefinite period. Hence, following order is passed. Order 1. Commercial Suit No. 100797 / 2021, Navinchandra Steels V/s Neev Infrastructure , is dismissed in default. -- 1 of 2 -- 2. Order dictated and pronounced in open Court at 17.40 Hrs. Judge -- 2 of 2 --
