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Commercial Suit

Balaji EngineeringVsM/s. Techno Infra +3 more

CNR MHCC01000830202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100047/2020
Registration Date
21 Jan 2020

Advocates

3

For Respondent

Parties

5

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 39

Case History / Proceedings

Case History
Date: 20-02-2020
Business: Harshad Thakkar, proprietor of plff present.
Issue writ of summons on defts.
Matter stands Adj for writ of summons to 27/02/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Harshad Thakkar, representative of plff company present.
He filed affidavit of service.  Writ of summons is not served on defts due to change of address.
Plff to take steps.
Matter stands Adj for taking steps to 02/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv Nevil Chopra for plff present.
Exh 02 - He filed application for permission to serve writ of summons on new address of deft no. 1 to 4. t.o.r. Permissions granted.
Matter stands Adj for writ of summons to 16/03/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None present.
Matter adjd to 9/4/2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-09-2020

Date: 08-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Hon\\\''ble High Court, Bombay, the Hon\\\''ble I/c. Principal Judge has been pleased to declare holiday on 23.09.2020.
Hence, matter adjd to 09.10.2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  04/12/ 2020 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None for plaintiff.
None for defendant.
Matter adjd to 12/02/2021 for writ of summons.
Reason For Adjournment: court time is over
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. Steps not taken to serve the defendant.
Matter adjd to 02.03.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: None present for plaintiff.
None present for defendant.
Steps not taken by plaintiff. Matter adjd for order against plaintiff.
Matter adjd to 17.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Harshad Thakkar, authorised representative of plaintiff present.
None present for defendant.
Matter adjd to 05.04.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 29.04.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjournded due to Covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ORDER
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandemic, matter adjourned.
Next Purpose: ORDER
Next Hearing Date: 06-05-2021

Date: 06-05-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 10.06.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Matter is adjd to 01.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.07.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: As Court is busy in dictating Order in Commercial Suit No.1075/2021.  Hence, Matter is adjd to 07.08.2021 for order.
Next Purpose: ORDER
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.49 pm
Mr.Harshad Thakkar, proprietor of plaintiff present and filed adjournment application, Exh.3 t.o.r. O-Last chance granted.
Matter adjd to 30.08.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.02 pm
Mr.Harshad Thakkar,representative of plaintiff present. He filed vakalatnama-NOC, Exh.4 of Adv.Vivek Singh on behalf of plaintiff t.o.r.
Matter adjd to 28.09.2021 for filing vakalatnama by the plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Representative of plaintiff present.
None present for defendant.
Representative of plaintiff filed application for issuance of writ of summons, Exh.5 t.o.r.
O-Allowed to serve the writ of summons through bailiff at the address stated in application, Exh.5.
Matter adjd to 29.10.2021 for filing vakalatnama by plaintiff.
Next Purpose: FOR___________________
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.03 pm,
Adv.Shailesh Pal present and filed new vakalatnama, Exh.6 on behalf of plaintiff t.o.r.
The plaintiff filed application for extension of time for service of suit summons, Exh.7 t.o.r. O-Plaintiff submits that the plaintiff wants to proceed under O-37 of CPC, hence, issue fresh suit summons under O-37, Rule-2 of CPC.
Matter adjd to 13.12.2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv.Shailesh Pal for plaintiff present.
None present for defendant.
Adv. for plaintiff filed application for extension of time to serve the defendant t.o.r. marked as Exh.08
O-Time extended for service of suit summons.
Matter adjd to 21.01.2022 for service.
Next Purpose: SERVICE
Next Hearing Date: 21-01-2022

Date: 21-01-2022
Business: Adv. Shailesh Pal present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 17.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv.S.R.Maurya h/f.Adv.Shailesh Pal for plaintiff present.
None present for defendant.
On oral request of pltff KB
LO at 01.02 pm,
Adv.Shailesh Pal for plaintiff present. On oral request of plaintiff matter adjd to 16.03.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff absent. Service affidavit is not filed.
Matter adjd to 12.04.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: None present for plaintiff.
None present for defendant.
K.B for order
LO at 12.40 pm.
Adv. Mr. Pal for plaintiff present. He requested to keep back the case for filing affidavit of service. Hence, Keep Back.
LO at 3.30 pm.
None present for the plaintiff.
Service affidavit is not filed.  Keep Back for order.
LO at 4.00 pm.
Adv. Mr. Pal for plaintiff present, filed affidavit of service alongwith summons alongwith returned RPAD packets with remark unclaimed, t.o.r. marked as Exh.9(Colly.)
Matter adjd to 15-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2022

Date: 15-06-2022
Business: Adv Shailesh Pal present for plaintiff and filed application Exh.10 for substituted service to deft Nos.1 to 4. AS per serviced affidavit Exh.9 and report on RPAD envelopes, defts are not served with suit summons.  O- Application Exh.10 allowed.
Matter adjd to 16.07.2022 for Newspaper publication report.
Next Purpose: REPORT
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: None present.
KB LO 2.45.
None present.
Adj. For Newspaper publication report on 06/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present.
KB Lo.4.45.
Adj. For Service affidavit on 08/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: None present.
It seems that, there are element of settlement in this matter. Hence issue notice of Lok Adalat to both parties. Adj. For Lok Adalat on 12/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None present when called.
Matter is adjd to 05/12/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: None present.
Adj. For Steps on 24/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: None present.
Adj. For Steps on 18/02/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None present.
No steps taken by plff since 15/06/2022.
Adj. For Dismissal order on 18/03/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None present.
Today case is for dismissal order because plaintiff has not taken steps to serve suit summons to the defendant. However plaintiff and its learned counsel remained absent. Hence suit is dismissed in default.
Nature Of Disposal: DISMISSED
Disposal Date: 18-03-2023

Additional Case Details

Additional Case Details
Filing Number: 100142/2020
Filing Date: 03-01-2020
First Hearing Date: 20th February 2020
Decision Date: 18th March 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
18 Mar 2023
Order Details: Other
Pdf Text: 18.03.2023
04
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
47/20
None present.
Today case is for dismissal order because plaintiff has not taken
steps to serve suit summons to the defendant. However plaintiff and
its learned counsel remained absent. Hence suit is dismissed in
default.
Judge
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