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SUIT - SHORT CAUSE CIVIL SUIT

Naushad Noorali Keshwani +2 moreVsAmrish Rasiklal Shah +1 more

CNR MHCC0100041920202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 08th December 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100287/2020
Registration Date
22 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Petitioner

    1. 1Naushad Noorali Keshwani
    2. 2Kishore Sunderdas Chugh
    3. 3Mohammedi I. Jawadwala

    Respondent

    1. 1Amrish Rasiklal Shah
    2. 2Zakir Usman Shaikh

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9 · Order 37 · Rule 1

    Case History / Proceedings

    Case History
    Date: 12-02-2020
Business: None for plaintiff.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Issue writ of summons to defendants.
Adjd to 17-04-2020  for  service .
Next Purpose: SERVICE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 16-01-2021

Date: 16-01-2021
Business: Adv Vriti Soni for plff present.
Adv Supriya Jadhav for deft present.
By Consent, matter stands Adj for Service to 11/03/2021.
Next Purpose: SERVICE
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Since the institution of the suit, none present for plff.  Hence last chance is granted to plff for writ of summons, in default for dismissal order.
Matter stands Adj for Writ of Summons, in default for dismissal order to 08/06/2021.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-06-2021

Date: 08-06-2021
Business: due to covid matter is adjourned
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Adv Gaikwad for plff present.
Matter stands Adj to 10/11/2021 for Writ of Summons, in default dismissal order.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: It appears from roznama dated 16.01.2021 that Adv. Supriya Jadhav appeared for deft. However, she had not filed written statement.  Further, plaintiff failed to file affidavit of service of writ of summons on deft.  For want of affidavit of service, case is fixed for dismissal order since 08.06.2021.  Today also, none present for plaintiff. Hence, in the interest of justice, adjourned for dismissal order for want of service of writ of summons to 12.01.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DISMISSAL
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Next Purpose: DISMISSAL
Next Hearing Date: 03-03-2022

Date: 03-03-2022
Business: None for plff when called out at 11.20 am.
KB
LO
None for plff when called out at 12.40 pm.
Case was fixed for dismissal order since 08/06/2021 for want of filing affidavit of service of writ of summons on the deft.  Today also none present for plff when called repeatedly.  Today the case is fixed for dismissal order.  It seems that plff is not interested in prosecuting the suit. Hence suit is dismissed in default for want of prosecution.
LO at 5.25 pm
Adv Shyam Pathak for plff present.
He requested for restoration of the suit and undertakes to serve writ of summons on the deft without any fault before next date.  Considering the submission of Adv for plff suit be restored.
Adv for plff is directed to serve writ of summons on deft through Bailiff.
Matter stands Adj for Affidavit of Service, in default dismissal order to 25/04/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2022

Date: 03-03-2022

Date: 25-04-2022
Business: Adv Ganesh Singh for plff present.
None for plff.
P. O. is busy in dictating Judgment in SU 9918/1988.
Hence, matter stands Adj for Affidavit of Service to 28/06/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: Adv. Ganesh Singh for plaintiff present.
None for defendant.
Matter is adjd for affidavit of service to 06/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Adv. Ganesh Singh For plaintiff present.
He seek time to take steps for service of writ summons. On last date oral undertaking was given for taking steps for service of writ summons on defendant. Time granted as last chance, on failure further order will be passed on next date.
None For defendant present.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 14/10/2022 on the request of advocate.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: Both parties and their advocate are absent.
Parties are directed to give CTS number of suit property.
Matter is adjd for steps to 08/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: Both parties and their advocate are absent.
Sufficient time is granted to plaintiff to take steps for service of writ of summons on defendant.  Today also plaintiff and his advocate absent when called repeatedly. From the Roznama it is seen that one advocate Miss. Supriya Jadhav appeared for defendant on 16/01/2021, however there is no evidence on record to suggest that writ of summons was duly served on defendant, hence suit stands dismissed for default for want of service with  no order as to costs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 08-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100435/2020
Filing Date: 10-01-2020
First Hearing Date: 12th February 2020
Decision Date: 08th December 2022
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Dec 2022
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE
Case No. :SUIT/0100287/2020
Naushad Noorali Keshwani Vs Amrish Rasiklal Shah
Date : 08-12-2022
Business : Both parties and their advocate are absent. Sufficient time
is granted to plaintiff to take steps for service of writ of
summons on defendant. Today also plaintiff and his
advocate absent when called repeatedly. From the Roznama
it is seen that one advocate Miss. Supriya Jadhav appeared
for defendant on 16/01/2021, however there is no evidence
on record to suggest that writ of summons was duly served
on defendant, hence suit stands dismissed for default for
want of service with no order as to costs.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 08-12-2022
COURT 02 ADDL SESSIONS JUDGE
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