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SUMMARY CIVIL SUIT - SUMMARY SUIT

Akai Steels Pvt. Ltd.VsOrbit Venture Developers

CNR MHCC01000827201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100337/2019
Registration Date
25 Feb 2019

Advocates

1

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: 25-02-2019
    Business: None for Plaintiff.
    None for Defendant.
    Matter is assigned today.
    Matter is adjd. to 20/04/2019 for Steps.
    Next Purpose: REPORT
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Adv for deft Mr.Patel present
    Matter is Adjd for S/J Hearing to 22/07/2019
    L.O.
    AAdv for plaintiff Mr. Pandey present
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: Adv. Samar Patel for defendant.
    None for plaintiff.
    KB.
    LO
    Plaintiff present.
    Adv. Samart Patel for defendant.
    Registered SJ no. 132/2019 @ affidavit tendered by plaintiff.
    Copy is served to adv for defendant.
    Adjd for leave to defend on 30/7/2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: None for plaintiff.
    Adv. Samarth Patel for defendant.
    Adjd to 04/09/2019 for SJ reply
    Next Purpose: REPLY
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: Adv .S.P. Pandey for plaintiff present.
    Adv. Patel for deft. Present.
    Draft nm alongwith SJ reply filed by deft.
    Leave granted to register.
    NM served on plaintiff.
    Adjd. to 04.11.2019 for nm reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Representative of plaintiff present.
    Adv. Savita Suryavanshi for deft. Present.
    Registered nm 3523/19 @ affidavit filed by adv. For deft.
    V/p filed by adv. for deft.
    Adjd. to 28.01.2020 for nm hearing.
    LO
    Adv. Pandey for plaintiff present.
    Reply to nm filed by plaintiff. t.o.r.
    Copy supplied to OS
    Already adjd. to 28.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 06.02.2020 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 06-02-2020
    
    Date: 06-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. S.P. Pandey for plff.  Present.
    Adv. Ashish Suryanshi for deft. Present.
    For reason separately recorded following order is passed.
    ORDER
    1. The Notice of Motion no.3523 of 2019 is allowed subject to costs of Rs.1000/- which shall be paid by the defendant to the plaintiff on or before next date.
    2. The defendant is granted permission to put his reply/leave to defend to the Summons for Judgment in the interest of justice.
    3. The Notice of Motion No. 3523 of 2019 is disposed off.
    Matter is adjd to 27.02.2020 for hearing of S/J.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. S.P. Pandey for plff. Present.
    Adv. Priyanka Sonavane for deft. Present.
    Matter is adjd to 18.03.2020 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: As per Circular dated on 16.03.2020.
    Hence matter is adjd to  04.08.2020 for Summons for judgment hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Business: Due to Covid-19 Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 05.04.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. Vinay Shinghde I/b Ashish Suryavanshi for the deft present.
    As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
    Matter is adjd to 14.07.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 28.09.2021 for S/J hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Court is vacant
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: None for plaintiff.
    Adv Naik for defendant present.
    Adv for defendant prayed for grant of time to argue Summons for Judgment. Allowed short adjournment as last chance.
    Matter is adjd to 07-12-2021 for hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 07-12-2021
    
    Date: 07-12-2021
    Business: Adv S.P Pandey for plaintiff present.
    Adv Ashish Surywanshi for defendant present.
    Adv for plff as argued on SJ at length.
    Adv for defendant prayed for grant of short adjournment for advancing arguments. O- granted.
    Matter is adjd to 15.12.2021 for SJ hearing of defendant.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv S.P. Pandey for plaintiff  present.
    Adv Suryawanshi for defendant present.
    Heard argument of adv for defendant.
    Matter is adjd to 20.12.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Court is on leave hence, matter is adjourned.
    Next Purpose: ORDER
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: Plaintiff in person present.
    Adv Suryawanshi for defendant present.
    FRSR following order is passed
         ORDER
    1.Summons for Judgment No.131 of 2019 is dismissed.
    2.Leave to defend the suit is granted to the defendant subject to deposit of amount of Rs.35,000/- within four weeks  in court from the date of this order  in   Summary Suit no. 342/2019.
    3. Defendant is further directed to file written statement on record within four weeks  from the date of this order.
    4.Costs in cause.
    5.Summons for Judgment No. 342/2019 is disposed off accordingly.
    Matter is adjd for 07.02.2022 to compliance
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: A Holiday declared by Govt. to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar Matter adjd to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: None for Plaintiff.
    Adv. Ms. Stenna Fernandes for Defendant present and seeks time to file WS.  She submits that settlement talks are going on between the parties.
    Matter adjourned to 22/08/2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: As Court busy in dictating judgment in Suit No. 9250 of 1994, hence, board is discharged.
    Matter adjourned to 21.10.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: None for plaintiff.
    Adv.Amruta Athavale h/f Adv.Ashish Suryavanshi defendant present and seeks time to file written statement.
    The record shows that leave to filed written statement withing four weeks was granted by order dated 10/01/2022.  In spite of lapse of considerable period defendant failed to file written statement.  Hence, no further time can be granted.   Hence, suit to proceed without written statement.
    Matter is adj to 14/12/2022 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: None for plaintiff.
    Adv.Stenna Fernandes i/b Adv.Ashish Suryavanshi for defendant  present.
    No evidence is filed by the plaintiff.
    Matter is adj to 20/02/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: None for plaintiff.
    Adv.Stenna Fernandes i/b Adv.Ashish Suryavanshi for defendant present.
    No evidence is led by plaintiff despite order to file ex-parte evidence dated 21/10/2022.
    Matter is adj to 27/04/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.S.P.Pandey for plaintiff present.
    None for defendant (Ex-parte).
    Matter is adj to 03/08/2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Plaintiff and his counsel are absent.
    Matter is adj to 20.09.2023 for ex-parte evidence.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 20-09-2023
    
    Date: 20-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    The plaintiff fails to lead evidence.
    Matter is adj to 21.10.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Representative of plaintiff is present and filed application for adjournment. It is marked as Exh-2.
    Order below Exh-1
    It is found that matter is fixed for dismissal order today. The plaintiffs representative filed the adjournment application. Having regard to the lethargic conduct in prosecuting the suit, adjournment is granted in the interest of justice, subject to costs of Rs.2,000/- payable to the DLSA.
    Matter is adj to 23.11.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Court is on leave in first session.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and its advocate are absent.
    On last date, matter was adjourned subject to costs of Rs.2,000/- to be paid to the DLSA. There is nothing on record to show that the plaintiff has complied the said direction.
    Matter is adj to 02.03.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take steps since long.
    Matter is adj to 04.05.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    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 3.37 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Both parties and their advocate are absent. On perusing roznma, it appears that the plaintiff has filed suit against defendant and defendant has appeared in the suit. Summons for judgment No.132/2019 came to be decided on 10.01.2022 and conditional leave was granted to the defendant. Roznma dated 21.10.2022 shows that  the defendant failed to file its written statement, matter was proceeded without written statement. Further, it appears from roznama that since 14.12.2022 matter is pending for filing ex-parte evidence. The plaintiff has not filed ex-parte evidence till date. Therefore, matter is fixed for dismissal order. On 21.10.2023, the plaintiff sought adjournment to take steps and it was allowed subject to costs of Rs.2,000/-. It appears that the plaintiff has not complied the order till date. Even today, the plaintiff is absent and has not taken any steps. It appears that the plaintiff is not interested to conduct the case. The matter is very old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
    Order
           Summary Suit No.337/2019 is hereby dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100980/2019
    Filing Date: 22-01-2019
    First Hearing Date: 25th February 2019
    Decision Date: 04th May 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 May 2024

    Order Details: Other Pdf Text: 50 04/05/2024 SUM 337/19 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties and their advocate are absent. Keep back. Later on at 3.37 pm Both parties and their advocate are absent. Order below Exh-1 Both parties and their advocate are absent. On perusing roznma, it appears that the plaintiff has filed suit against defendant and defendant has appeared in the suit. Summons for judgment No.132/2019 came to be decided on 10.01.2022 and…

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