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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Precious Transport ServiceVsGammon Engineers and Contractors Pvt LTd +5 more

CNR MHCC01001043202184-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 04th July 2025

TrustJury record updated 01 Oct 2026

Case Overview

Registration Number
101096/2021
Registration Date
13 Dec 2021

Advocates

2

For Respondent

Parties

7

Acts & Sections

2
CODE OF CIVIL PROCEDURE · Sec Order 37
SALE OF GOODS ACT · Sec 55

Case History / Proceedings

Case History
Date: 17-02-2022
Business: Adv. for plff. present.
None for deft.
Requested date.
Matter is adjd. for Report to 08-04-2022.
Next Purpose: REPORT
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: Advocate Ms. Richa Singh for plaintiff present.
Advocate Mr. Ramesh Sahu for defendant no. 1,5,6 present.
None for other defendant.
Exh.5-Advocate for plaintiff filed serivce.
Advocate Mr. Sahu filed Vakalatnama for defendant no. 2.TOR
Subject to verification on service.
Matter is adjd. for necessary order to 04-07-2022.
Next Purpose: ORDER
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Both parties and their adv. Absent.
	Perused writ of summons with Report of the Bailiff. The defendant are duly served on 25/02/2022. The defendant is absent.
The appearance is not stipulated period of 10 days, hence cannot be record. Adjd to 27/09/2022 for steps.
                                                                                      Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: Matter pertains to C.R.No.15
None present for plaintiff.
Adv. Ramesh Sahu for defendant present.
Draft Notice of Motion alongwith affidavit in support tendered by defendant.
Order - Leave is granted to register the Notice of Motion.
Matter Adjd for tendering original registered NM on 01/12/2022.
Next Purpose: SERVICE
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: Matter pertains to C.R.No.15
Later on at 03.39 pm.
None present for plaintiff.
Adv. Ramesh Sahu for defendant present.
Ld. Adv.for defendant tendered original registered NM No.4036/22.
Matter Adjd for service affidavit of NM on 20/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: Matter pertains to C.R.No.15
None present for plaintiff.
Adv. Ramesh Sahu for defendant present.
Exh.06 - Service affidavit of NM. O-seen.
Matter Adjd for NM reply/order on 20/03/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-03-2023

Date: 20-03-2023
Business: As court is vacant
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Adv.Ramesh Saho present for plaintiff.
None present for defendant.
The plaintiff failed to file reply, though served with copy by hand to the counsel on 07-09-2022 as per the service affidavit.
Heard counsel of defendant no. 1,2,5 and 6 according to the defendants there is delay of only four days for appearing before court. Defendant No.1 is the company others are the directors, to prayed for the condonation of delay.
Considering the facts, I proceed following order
Order
1. NM NO. 4036/22 is disposed of as allowed.
2. Defendants are permitted to tender the VP for appearance.
3. Defendants are directed to tender the memo of address.
Matter stands adjourned for steps on 13-09-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2023

Date: 06-07-2023
Business: Adv.Ramesh Saho present for plaintiff.
None present for defendant.
The plaintiff failed to file reply, though served with copy by hand to the counsel on 07-09-2022 as per the service affidavit.
Heard counsel of defendant no. 1,2,5 and 6 according to the defendants there is delay of only four days for appearing before court. Defendant No.1 is the company others are the directors, to prayed for the condonation of delay.
Considering the facts, I proceed following order
Order
1. NM NO. 4036/22 is disposed of as allowed.
2. Defendants are permitted to tender the VP for appearance.
3. Defendants are directed to tender the memo of address.
Matter stands adjourned for steps on 13-09-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv.Hitesh Singh present for plaintiff. Seeking time to take out SJ. Time is granted.
None present for defendant.
Matter stands adjourned steps on 08-11-2023.
L.O. at 1.30 pm.
Adv. Ramesh Sahu present for defendant No. 1,2,5 and 6.
Matter is already stands adjourned steps on 08-11-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-11-2023

Date: 08-11-2023
Business: P.O. is on leave. Matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-12-2023

Date: 19-12-2023
Business: Adv.Vijaykumar  Kambale i/b Shrinivas Singh present for plaintiff, tendered Draft SJ TOR.
O-Leave granted to register.
Adv.Ramesh Sahu present for defendant No.1,2,5 and 6, tendered pursis TOR.
Copy of SJ is served upon the Counsel No. 1,2,5 and 6.
Matter stands adjourned for SJ reply on 01-03-2024.
Next Purpose: REPLY
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: Adv. Shriniwas C. Singh present for plaintiff.
Adv. Ramesh Sahu present for defendant No.1,2,5 and 6.
The extension of time is granted to plaintiff to get the register of Summons for Judgment.
Matter stands adjourned reply on 24-04-2024.
Next Purpose: REPLY
Next Hearing Date: 24-04-2024

Date: 24-04-2024
Business: Adv.Richa Singh present for plaintiff, tendered original registered No.82/2024 TOR.
None present for defendant.
The copy of Summons for Judgment is served upon Defendant No.1, 2, 5 and 6 as per roznama dated 19-12-2023, but they failed to file reply to Summons for Judgment , hence, proceed without reply.
Matter stands adjourned for ex-parte evidence on 24-07-2024.
L.O. at 1.30 pm.
Adv. Ramesh C. Sahu present for defendant No.1,2,5 and 6,
tendered Draft Notice of Motion along with affidavit TOR.
O-Leave granted to register.
The defendant is tendered reply to Summons for Judgment TOR,
Subject to result of Notice of Motion.
Matter is already adjourned for ex-parte evidence on 24-07-2024.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-07-2024

Date: 24-07-2024
Business: Adv. Hitesh Singh present for plaintiff.
Adv.Ramesh Sahu for defendant No.1,2,5 and 6, tendered original register Notice of Motion No.1947/24  TOR.
Copy served upon other side.
Matter stands adjourned for Notice of Motion reply on 27-09-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2024

Date: 27-09-2024
Business: Adv. Richa Singh present for plaintiff. Seeking time. Time is granted.
None present for defendant.
Matter stands adjourned for Notice of Motion reply on 05-11-2024.
Later on at 12.35 pm.
Adv. Ramesh Sahu present for defendant No.1,2,5 and 6.
Matter is already adjourned for Notice of Motion reply
on 05-11-2024.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: CORAM - H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR.84)
Both parties and their counsel are absent.
Keep back.
Later on at 12.47 pm
Adv. Richa Singh i/b Adv. Shriniwas Singh for plaintiff present and submitted say on overleaf of notice of motion No.1947/24 itself.
Order on NM No.1947/24
Heard both sides on Notice of Motion No.1947/24. It is contended that there is delay of 116 days in filing reply to SJ and seeking leave to defend. Delay is caused due to non availability of proper papers to give instructions in drafting of affidavit in reply and leave to defend. The plaintiff raised the objection by contending that no sufficient reason is mentioned. Having heard rival parties, I am of the view that the delay deserves to be condon so as to enable the parties to argue the SJ on merit.  Hence, I proceed to pass following order-
Order
1.    Notice of motion No.1947/24 stands allowed.
2.    Delay is stands condoned.
3.    The reply to summons for judgment is already tendered
       be taken on record.
4.    Notice of motion No.1947/24 is disposed of accordingly.
Matter stands adjourned to 16.12.2024 for hearing on
summons for judgment.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 16-12-2024

Date: 16-12-2024
Business: None present.
Kept back.
Later on at 12.05 pm
None present for plaintiff.
Adv. Ramesh Sahu present for defendant No.1,2,5 and 6.
Matter stands adjourned for Summons for Judgment hearing
on 31-01-2025.
Later on at 12.15 pm
Adv. A.K. Kharwar present for plaintiff.
Matter is already adjourned for Summons for Judgment hearing
on 31-01-2025.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 31-01-2025

Date: 31-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 27-03-2025

Date: 27-03-2025
Business: COURT IS VACANT
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 17-06-2025

Date: 17-06-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 04-07-2025

Date: 04-07-2025
Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
CA Nitesh Singh of plaintiff is present.
Adv.Richa Singh h/f Adv S C Singh for plaintiff present.
Pursis for deletion of defendant no.3 and 4 was already filed as on 19-12-2023, today it is marked as Exh.07.
Adv. Ramesh Sahu for defendant No. 1 ,2, 5 and 6 present.
Adv for plaintiff filed withdrawal application. TOR and marked as Exh.08.
FRSR following order is passed-
ORDER
1.Summons for Judgment No.82 of 2024 in Summary Suit No.1096 of 2021, is disposed of as rejected.
2.Summary Suit No.1096 of 2021, stands withdrawn in view of withdrawal application (Exh-08) vide Order XXIII Rule 1 of CPC.
3.Parties to bear their own costs.
4.Court fees, if any, be refunded as per rule.
       (Order dictated and pronounced in open Court)
Nature Of Disposal: WITHDRAWL
Disposal Date: 04-07-2025

Additional Case Details

Additional Case Details
Filing Number: 101058/2021
Filing Date: 30-01-2021
First Hearing Date: 17th February 2022
Decision Date: 04th July 2025
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
04 Jul 2025

Order Details: Other Pdf Text: ..1.. SJ 82/2024 in Sum Suit 1096/2021 MHCC010093302024 SJ filed on : 19/12/2023 Registered on : 12/04/2024 Decided on : 04/07/2025 Duration : 01Y 06M 17D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON SUMMONS FOR JUDGMENT NO.82 OF 2024 IN SUMMARY SUIT NO.1096 OF 2021 M/S Precious Transport Service, Partnership Firm having, registered office at VIII/2065 Gujarati Road, Cochin-682002 & Branch Office at Unit No.04, Kalaghoda Building Bhadekaru, 1st floor above Raymond…

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