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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Akash Tarunkumar ShahVsMr. Nitin Sangharajka +1 more

CNR MHCC0100097820203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 10th August 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100283/2020
Registration Date
24 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Mr. Akash Tarunkumar Shah

    Respondent

    1. 1Mr. Nitin Sangharajka
    2. 2Mr. Ravindra Chafe

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 30-01-2020
Business: By praecipe matter is taken on today\''s board.
Matter newly assigned to this court.
Adv. Bharat Jain for plaintiff present and filed draft NM along with affidavit. Leave granted to register draft NM. Copy served on other side.
Adv. Ratnaveer Singh present for defendant and filed VP.
Vakalatnama filed on behalf of defendant
Ld. counsel for defendants submitted that he has no objection to grant interim relief in terms of prayer clause (b) of draft NM, but sought time to file reply and WS on merits. Time granted. Ld. counsel for defendants is directed to serve the copy of reply and WS in advance before next date to the Ld. counsel for plaintiff.
Ld. counsel for defendants submitted that he accept service of draft NM on the defendants as service in the suit also and waived service of writ of summons on the defendants .
In view of the above submissions and hearing both the sides, interim relief is granted to the plaintiff in terms of prayer clause (b) of draft NM as prayed.
Matter already Adj to 14.02.2020.
Next Purpose: REPLY
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Bharat Jain for plaintiff present and filed original NM no. 548/20 along with affidavit.
None present for defendant.
Matter stands Adj for reply to 04.04.2020.
Next Purpose: REPLY
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: REPLY
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 12-01-2021

Date: 12-01-2021
Business: None present.
The case is adjourned to 05.02.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 05-02-2021

Date: 05-02-2021
Business: None present.
The case is adjourned to 24.03.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: None present.
The case is adjourned to 16.06.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None present for plaintiff and defendant.
Matter stands adjourned to 09.09.2021 for reply
Next Purpose: REPLY
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter called out at 04.01 p.m.
None present.
Matter stands adjourned to 10.11.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 10-11-2021

Date: 10-11-2021
Business: Matter called out at 5.42 p.m.
None present.
Matter stands adjourned to 12.01.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-03-2022

Date: 07-03-2022
Business: None present.
Matter stands adjourned to 25.04.2022 for reply.
Next Purpose: REPLY
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: None present.
Matter stands adjourned to 18.07.2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 17.09.2022 for appearance of plaintiff.
Next Purpose: FOR APPERANCE
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None present.
Matter stands adjourned to 13.12.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: None present.
Matter stands adjourned to 20.02.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 20-02-2023

Date: 20-02-2023
Business: None present.
Reissue notice to the plaintiff through Bailiff/RPAD.
Matter stands adjourned on 25.04.2023 for appearance
Next Purpose: FOR APPERANCE
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: None present.
Matter stands adjourned on 10.08.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: None for Plaintiff present.
None for defendant present.
Exh 3. Report of notice filed by the bailiff -  Unserved as Plaintiff left the address.
Suit is pending for taking steps by the Plaintiff.
Plaintiff failed to file affidavit of service of defendant since 12.01.2021 event the Plaintiff failed to appear therefore notice was issued on Court motion through bailiff.
Today the report is received showing that Plaintiff has sold the premises and left the address his whereabouts are not known.
In view of the report and absence of the Plaintiff it seems that Plaintiff does not proceed with the matter hence, suit is dismissed for want of steps. Interim order dtd. 30.01.2020 is vacated. NM No.  548/2020 is dismissed. Suit and NM are disposed of.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101127/2020
Filing Date: 23-01-2020
First Hearing Date: 30th January 2020
Decision Date: 10th August 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Aug 2023
    Order Details: Other
Pdf Text: 10.08.2023
Sr. No. 56
SU 283/20
NM 548/20
CORAM : H.H.J. SMT. N. S. SHAIKH (CR. 03)
None for Plaintiff present.
None for defendant present.
Exh 3. Report of notice filed by the bailiff Unserved as Plaintiff
left the address.
Suit is pending for taking steps by the Plaintiff.
Plaintiff failed to file affidavit of service of defendant since
12.01.2021 event the Plaintiff failed to appear therefore notice was
issued on Court motion through bailiff.
Today the report is received showing that Plaintiff has sold the
premises and left the address his whereabouts are not known.
In view of the report and absence of the Plaintiff it seems that
Plaintiff does not proceed with the matter hence, suit is dismissed
for want of steps. Interim order dtd. 30.01.2020 is vacated. NM
No. 548/2020 is dismissed. Suit and NM are disposed of.
Judge
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