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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. S. K. Oak and AssociatesVsM/s. Hi-Tech Engineering Corporation India Pct Ltd +2 more

CNR MHCC01000637201866-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 08th October 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100650/2018
Registration Date
21 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 16-08-2018
    Business: Adv. Salim Kohthia for Plaintiff  present.
    None  for Defendant.
    Plaint.
    V.P.
    List of documents.
    Memorandum of address.
    Advocate for plaintiff has filed application for service, TOR.
    Order  Read. Heard permission is granted to serve the writ of summons by registered Post Ad.
    Advocate for plaintiff has filed application for grant of permission to file the document,
    Order  Permission is granted to produce the document.
    List of document.
    Matter is adjd. to 18/12/2018 for Service report.
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Adv. Salim Kothiyan for Plaintiff present.
    None for Defendant
    Matter is adjd. to 25.01.19 for report.
    Next Purpose: REPORT
    Next Hearing Date: 25-01-2019
    
    Date: 25-01-2019
    Business: None for Plaintiff.
    None for Defendant.
    Matter is adjd. to 25/03/2019 for Service report.
    L.O.
    Adv. Salim Kothia for plaintiff present.
    He has filed affidavit of service upon the defendants, TOR.
    Next Purpose: REPORT
    Next Hearing Date: 25-03-2019
    
    Date: 25-03-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 25/07/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. C. P. Patware for plaintiff present and filed VP. VP
    subject to confirmation.
    None for defendant.
    Ld advocate for plaintiff submits that already Writ of
    summons is served upon defendant and affidavit of
    service has been filed. The postal track record shows that
    Writ of summons served to defendant s through RPAD.
    Suit to proceeded Ex-parte.
    Adj for Ex-parte evidence on 24/10/2019.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Matter called out(11.57am)
    None present.
    Matter is adj to 20/01/20 for ex-parte evidence.
    Later on at 2.11pm
    Adv.Sippy Patawari for plainitff present tendered affidavit of evidence alongwith document as per list. T.O.RExh-7 and 8.
    Matter is adj to 20/01/20 for ex-parte argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Matter is called out at 11.15am
    Plaintiff in person present.
    Adv.Sippy Patawari for plaintiff present.
    Defendant Ex-parte.
    Heard Ld.Adv. for the plaintiff.
    Plaintiff filed document as per list (Exh-8).
    1. Document at Sr.No.2 is the copy of letter and quotation dated 15/10/2013 signing by the witness, it is marked as Exh-9.
    2. Office copy of Invoice Number 119/13-14 dated 21/10/2013, it is marked as Exh-10
    3. Office copy of Invoice Number 346/14-15 dated 14/01/2015, it is marked as Exh-11.
    4. Office copy of letter dated 22/08/2016 issued by plaintiff to the defendant alongwith the ledger account and acknowledgment, it is marked as Exh-12(Colly).
    5. Office copy of notice dtaed 05/10/2017 issued by plaintiff advocate to the defendant alongwith the ledger account and acknowledgment, it is marked as Exh-13(Colly).
    Plaintiff seeking time to take proper steps to prove electronic documents.
    Matter is adj to 16/03/2020 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: None for plaintiff.
    None for defendants.
    Adjd to 15-06-2020  for  Steps .
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: None for plaintiff.
    None for defendants.
    In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
    Adjd. to 29.07.2021 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd to. 24.09.2021 for. W/S.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Nobody present.
    Adjd for taking steps to 17/12/2021
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: Dt.17/12/2021
    Sum 650/18
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    None present when called at 2.54 pm
    Adjd for taking steps to 05/02/2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: Dt.05/02/2022
    Sum 650/18
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    AT 11.16
    None present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for taking steps to 07-04-2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: None present for both sides.
    Adjd for taking steps to 29/06/2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Dt.26/04/2022
    Sum 650/18
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    NOB TOB
    Matter is referred to Lok Adalat.
    Issue notice to both parties. Short service allowed.
    Adjd for Lok Adalat to 07/05/2022
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 07-05-2022
    
    Date: 07-05-2022
    Business: National Lok Adalat held on 07.05.2022
    None present for plaintiff.
    None present for defendant.
    Matter adjd to 20.06.2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: None for plaintiff.
    None for defendant
    The plaintiff has already filed evidence affidavit Exh. 7 and documents with list Exh. 8 after ex - parte order against the defendants. Subsequently, the plaintiff has not adduced further evidence. Hence, the plaintiff is directed to file further evidence on the next date of hearing.
    Matter is adjd.to 02-08-2022 for evidence of the plaintiff
    as a last chance.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: NOB-TOB
    Issue notice to both the parties to appear before National Lok-adalat which is going to be held on 13.08.2022.
    Matter is adjd.to  13/08/2022 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 13-08-2022
    
    Date: 13-08-2022
    Business: Both parties are absent.
    Matter is not settled.
    Case is adjourned to 07.10.2022.
    Next Purpose: FOR APPERANCE
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: None for plaintiff.
    None for defendants no.1 and 2.
    Matter is adjd.to 06-12-2022 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: (NOB TOB)
    Matter is kept in Nation Lok-Adalat going to be held on 12-11-2022. Issue notices of Lok-Adalat to both sides.
    Matter is adjd.to 12-11-2022 for Lok-Adalat
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: Both parties are absent.
    Matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: None for plaintiff.
    None for defendants no. 1 and 2.
    Matter is adjd.to 04-02-2023 for evidence of plaintiff
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: None for plaintiff present.
    None for defendant no 1 and 2.
    Matter is adjd.to   05-04-2023 for Dismissal order
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: None for plaintiff.
    None for defendants no. 1 and 2
    Matter is adjd.to 17-07-2023 for dismissal order
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: None  for plaintiff present.
    None for defendant present.
    Matter adjourned for dismissal to 13/10/2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: None for plaintiff
    None for defendant.
    Matter adjourned for dismissal to 16-12-2023.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: None for plaintiff.
    None for defendant.
                Today, matter is kept for dismissal of suit. But the roznama shows that on 25.07.2019 ex-party order was passed against the defendant, as on due service defendant failed to appear in the suit. Later on, plaintiff has filed his evidence affidavit along with compilation of document. Advocate for the plaintiff documents were exhibited which was filed along with list Exhibit-8. Later on, matter was kept for further evidence of the plaintiff. Since then neither plaintiff nor Advocate is present. Therefore, matter was posted for the evidence of the plaintiff and later on for dismissal order.
                 The plaintiff already adduced his evidence, but since long failed to adduce further evidence. Hence, evidence of plaintiff is closed. Matter be posted for final argument ex-parte.
    Matter adjourned for argument to 02.02.2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: None For plaintiff present.
    None For defendant present.
    Matter adjourned for argument to 14/03/2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: None  For plaintiff present.
    None For defendant present.
    Matter adjourned for argument to 11/06/2024.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-06-2024
    
    Date: 11-06-2024
    Business: PO is on leave, Hence Matter adjourned
    Next Purpose: ARGUMENTS
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: PO is on leave, hence matter adjourned
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    
    Date: 08-10-2024
    Business: None present.
    Summary Civil Suit no. 650 of 2018 dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 08-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100747/2018
    Filing Date: 15-01-2018
    First Hearing Date: 16th August 2018
    Decision Date: 08th October 2024
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Oct 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100650/2018
    M/s. S. K. Oak and Associates Vs 1.M/s. Hi-Tech Engineering Corporation India Pct Ltd 2. Mr.
    Sanjay Jyotiram Awate
    Date : 08-10-2024
    Business : None present. Summary Civil Suit no. 650 of 2018 dismissed
    for want of prosecution.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 08-10-2024
    COURT 66 ADDL SESSIONS JUDGE
    Print
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