SUMMARY CIVIL SUIT - SUMMARY SUIT
Akzo Nobel India Ltd.VsM/s. M. Shantilal and Co.
CNR MHCC01001033201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th August 2024
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100237/2020
- Registration Date
- 20 Feb 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order37 · Rule2
Case History / Proceedings
Case History
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lock Down
Next Purpose: REPORT
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: REPORT
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Business: National Lockdwon
Next Purpose: REPORT
Next Hearing Date: 06-08-2020
Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 01-10-2020
Date: 01-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 11.01.2021.
Next Purpose: REPORT
Next Hearing Date: 11-01-2021
Date: 11-01-2021
Business: Adv. for plaintiff absent.
Adv.for defendant absent.
Adjd for report on 07.06.2021.
Next Purpose: REPORT
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Business: In view of Office Order No.100/21 dated 04.06.2021, only urgent matters are taken for hearing. Hence, board discharged.
The matter is adjd to 24.08.2021.
Next Purpose: REPORT
Next Hearing Date: 24-08-2021
Date: 24-08-2021
Business: Court is Vacant.
Matter is adjd to 20.10.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 20-10-2021
Date: 20-10-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 18-12-2021
Date: 18-12-2021
Business: None present.
Matter is adjd to 18.02.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 18-02-2022
Date: 18-02-2022
Business: None present.
Matter is adjd for report on 02-05-2022
Next Purpose: REPORT
Next Hearing Date: 02-05-2022
Date: 02-05-2022
Business: PO is on Training. Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 12-08-2022
Date: 12-08-2022
Business: None for Plaintiff.
Service affidavit is not filed.
Matter adjourned to 20.10.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-10-2022
Date: 20-10-2022
Business: Adv. for plaintiff present filed application (Exh-3) seeking extension of time to serve writ of summons.
By order dated 28/03/2022 this court, on the application of the plaintiff, had issued fresh writ of summons and service through Bailiff as we as RPAD was permitted. So also plaintiff was directed to file affidavit of service.
However plaintiff failed to take serve writ of summons for considerable period. On last date plaintiff was absent and no steps were taken.
In view of the above,
1) Application is allowed however, subject to cost of Rs.5,00/- cost payable to DLSA, Mumbai.
2) Re-issue fresh writ of summons through RPAD.
Matter is adj to 13/12/2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: Adv.Malika Monda for plaintiff present.
Adv.Devanshi K.Sanghvi i/b Adv.Haresh Ganatra filed vakalatnama and memorandum of address for defendant present.
She also tendered draft Notice of Motion along with affidavit seeking condonation of delay.
O-Leave is granted to register the Notice of Motion.
Matter is adj to 16/01/2023 for reply on N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-01-2023
Date: 16-01-2023
Business: Adv.Malika Mondal h/f Adv.Raghvendra S.Mahrotra for plaintiff present.
Adv.Devanshi K.Sanghvi i/b Adv.Haresh G.Ganatra for defendants present. She tendered register N/M No.114/2023.
ORDER ON N/M NO.114/2023.
Though the present N/M defendant seeks to condone delay of two days in causing appearance.
Heard both the sides.
Ld.Adv. for plaintiff objects to condone the delay on the ground that the reason for delay is not sufficient.
Considering the fact that the delay is only of two days same is condoned. The appearance of defendant is taken on record.
Notice of Motion No.114/2023 is disposed of.
Matter is adj to 29/03/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-03-2023
Date: 29-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Raghavendra S.Mahrotra for plaintiff present. He seeks time to file SJ.
Time granted as last chance.
Adv.Devanshi K.Sanghvi i/b Adv.Haresh G.Ganatra for defendant present.
Matter is adj to 11/07/2023 for filing SJ.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Wasim Sayyed for plaintiff is present.
Adv. Devanshi K. Sanghvi i/b Adv. Haresh G. Ganatra for defendant is present.
In view of the order dated 16.01.2023 in respect of taking on record the appearance of the defendant, Vakalatnama is taken on record and it is marked as Exh-5.
Matter is adj to 15.09.2023 for taking steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-12-2023
Date: 11-12-2023
Business: CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Both parties and their counsel are absent.
Though more than six months have been elapsed, the plaintiff failed to file Summons for judgment.
Matter is adj to 20.01.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-01-2024
Date: 20-01-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 16.03.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2024
Date: 16-03-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff has failed to file summons for judgment within stipulated period. Hence, matter is fixed for dismissal order.
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)
The plaintiff and his advocate are absent.
The plaintiff failed to take steps.
Matter is adj to 20.07.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024
Date: 20-07-2024
Business: CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Kept back.
Later on at 2.45 pm
Both parties and their advocate are absent.
The plaintiff failed to take necessary steps. Hence, Matter is adj to 17.08.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 17-08-2024
Date: 17-08-2024
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 12.30 pm
Both parties and their advocate are absent.
Keep back.
Later on at 1.56 pm
Order below Exh-1
On perusing record, it appears that matter is pending for filing Summons for judgment by the plaintiff since 15.09.2023. As plaintiff failed to file Summons for judgment for more than six months, matter is kept for dismissal order on 20.01.2024, 16.03.2024, 04.05.2024, 20.07.2024 and 17.08.2024. The plaintiff was given ample opportunity to file Summons for judgment. However, the plaintiff failed to file Summons for judgment. Today also, the plaintiff is absent and he has not taken any steps. Thus, it appears that the plaintiff is not interested in conducting the matter. Matter is old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
Order
Summary Suit No.237/2020 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-08-2024Additional Case Details
Additional Case Details
Filing Number: 101121/2019 Filing Date: 25-01-2019 First Hearing Date: 15th April 2020 Decision Date: 17th August 2024 Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE
Orders
1Final Order 117 Aug 2024
17 Aug 2024
Order Details: Other Pdf Text: 47 17/08/2024 SUM 237/20 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties and their advocate are absent. Keep back. Later on at 12.30 pm Both parties and their advocate are absent. Keep back. Later on at 1.56 pm Order below Exh-1 On perusing record, it appears that matter is pending for filing Summons for judgment by the plaintiff since 15.09.2023. As plaintiff failed to file Summons for judgment for more than six months, matter is kept for dismissal order on 20.01.2024, 16.03.2024, 04.05.2024, 20.07.2024 and 17.08.2024. The plaintiff was given ample opportunity to file Summons for judgment. However, the plaintiff failed to file Summons for judgment. Today also, the plaintiff is absent and he has not taken any steps. Thus, it appears that the plaintiff is not interested in conducting the matter. Matter is old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order:- Order Summary Suit No.237/2020 is hereby dismissed in default. Judge -- 1 of 1 --
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