M/s. Value EnterpriseVsM/s. Ambika Foods and Dairy Corporation +1 more

Date: 02-05-2018
Business: Adv Sana Shaikh for plaintiff present.
Plaint.
V/k.
Address memo.
List of documents.
Adv for plaintiff filed affidavit of service alongwith sheriff report. Writ of summon duly served on defendant no.1 , inspite of service defendant no.1 is not appear before court suit to proceed exparte against defendant no.1,it appears that defendant no. 2 is unserved.
Matter is adj for steps on 07/08/2018.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2018

Date: 07-08-2018
Business: Adv. Sana Shaikh for Plaintiff present.
None for Defendant.
Advocate for plaintiff has filed registered Chamber summons no.1327/18 alongwith affidavit, TOR.
Matter is adjd. to 24/09/2018 for Reply on Ch/s.
Next Purpose: REPLY
Next Hearing Date: 24-09-2018

Date: 24-09-2018
Business: Adv. Pratik Khadani for Plaintiff present.
None for Defendant.
Matter is adjd. to 20/11/2018 for Reply.
Next Purpose: REPLY
Next Hearing Date: 21-11-2018

Date: 21-11-2018
Business: P.o is on Mediation Training
Next Purpose: REPLY
Next Hearing Date: 31-01-2019

Date: 31-01-2019
Business: Adv for plff.Ms. Maya Upadeshi present
She filed affidavit of service of C/S 1327/18 on deft no 2 along with track consignment print out of post.
Matter is Adjd for Reply to C/S 1327/18 on 16/02/2019
Next Purpose: REPLY
Next Hearing Date: 16-02-2019

Date: 31-01-2019
Business: Adv for plff.Ms. Maya Upadeshi present
She filed affidavit of service of C/S 1327/18 on deft no 2 along with track consignment print out of post.
Matter is Adjd for Reply to C/S 1327/18 on 16/02/2019
Next Purpose: REPLY
Next Hearing Date: 16-02-2019

Date: 16-02-2019
Business: Adv for plff.Ms.Maya Updeshi present
No reply filed by deft on C/S 1327/18
Matter is Adjd for C/S 1327/18 Hearing on 18/03/2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-03-2019

Date: 16-02-2019
Business: Adv for plff.Ms.Maya Updeshi present
No reply filed by deft on C/S 1327/18
Matter is Adjd for C/S 1327/18 Hearing on 18/03/2019
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Business: Adj. for Service of CS 1327/18 on 18/07/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-07-2019

Date: 18-03-2019
Business: Matter transferred from Cr. no.09.
Both parties and their counsel absent.
Adj. for Service of CS 1327/18 on 18/07/2019.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 18-07-2019

Date: 18-07-2019
Business: None present.
Adv.for plaintiff present.
Adv.for defendant absent.
Matter adjd to  09.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-08-2019

Date: 18-07-2019
Business: None present.
Adv.for plaintiff present.
Adv.for defendant absent.
Matter adjd to  09.08.2019 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: P.O. is on training. Matter adjd for ..
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2019

Date: 09-08-2019
Business: P.O. is on training. Matter adjd for ..
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: P.O. is on leave, Board is discharged
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: P. O. is on training. Board is discharged.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-01-2020

Date: 10-12-2019
Business: P. O. is on training. Board is discharged.
Next Purpose: C/S  HEARING
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Maya Upadeshi  For plff. Present.
Adv. For deft. Absent.
Matter is adjd to 03.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2020

Date: 21-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Maya Upadeshi  For plff. Present.
Adv. For deft. Absent.
Matter is adjd to 03.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Pratik for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 23.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2020

Date: 03-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Pratik for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 23.03.2020 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020

Date: 23-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020

Date: 01-04-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: COMPLIANCE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020

Date: 27-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020

Date: 27-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020

Date: 27-05-2020
Next Purpose: COMPLIANCE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2020

Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: COMPLIANCE
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 20/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2021

Date: 01-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 20/01/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2021

Date: 20-01-2021
Business: Court is on Leave.
Matter is adjd to 16.03.2021 for Compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2021

Date: 20-01-2021
Business: Court is on Leave.
Matter is adjd to 16.03.2021 for Compliance .
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 03.05.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-05-2021

Date: 03-05-2021
Business: Due to Covid-19 pandamic
Next Purpose: COMPLIANCE
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 07.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2021

Date: 21-06-2021
Business: Both the parties and their advocates are absent.
Hence, delay the matter.
Matter is adjd to 07.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to  09.09.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021

Date: 07-08-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to  09.09.2021 for Compliance
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021

Date: 09-09-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021

Date: 26-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: None present.
Affidavit of service of ch/s is already produced on record.
Matter is adjd to 04.01.2022 for reply on Ch/s.
Next Purpose: REPLY
Next Hearing Date: 04-01-2022

Date: 04-12-2021
Business: None present.
Affidavit of service of ch/s is already produced on record.
Matter is adjd to 04.01.2022 for reply on Ch/s.
Next Purpose: REPLY
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv Varsha Jagtap for plaintiff present.
None for defendant.
Matter is adjd to 01.03.2022 for reply
Next Purpose: REPLY
Next Hearing Date: 01-03-2022

Date: 04-01-2022
Business: Adv Varsha Jagtap for plaintiff present.
None for defendant.
Matter is adjd to 01.03.2022 for reply
Next Purpose: REPLY
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: P.O. is on training.
Next Purpose: REPLY
Next Hearing Date: 24-03-2022

Date: 01-03-2022
Business: P.O. is on training.
Next Purpose: REPLY
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv. Ms. Darshana Jogdankar for Plaintiff present.
Ch/s. 1327/18	None present for Defendant.
	KB
	Later on :-
	Heard Ld. Advocate for Plaintiff.
	She submits that the Ch/s. is taken out for correction in the surname of Defendant No. 2 from Shah to Mehta.  Ch/s. is served on the Defendant by Registered Post on 22/09/2018.  But they have not caused their appearance till date.
		Perused Ch/s and Affidavit in support.  Bu way of the present application Plaintiff prays to change the surname of Defendant No. 2 as \''Mehta\'' instead of \''Shah\''.  The amendment sought being merely a typographical error, same needs to be allowed.  Hence, the Order.
					ORDER
	1.	Ch/s. No. 1327/2018 is allowed in terms of prayer clause (a).
	2.	Plaintiff to carry out amendment within 14 days from this order.
	3.     	Ch/s. No. 1327/2018 is accordingly disposed off.
	4.	Cost in cause.
	Matter adj. to 07/04/2022 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-04-2022

Date: 24-03-2022

Date: 07-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv. Ms. Varsha Jagtap for Plaintiff  present.
By Order dated 02/05/2018 suit is directed to proceed ex-parte against Defendant No. 1.  Defendant No. 2 till date seems unserved.
By Order dated 24/03/2022 this court has allowed Ch/s. No. 1327/2018 thereby permitted Plaintiff to carry out the amendment with respect to Surname of Defendant No. 2 as prayed in the Ch/s.  However, the Plaintiff has carried out amendment on 05/04/2022.
Plaintiff to take steps against unserved Defendant No. 2.
Matter adjourned to 27/09/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: None for Plaintiff.
No steps taken as per order dated 04.07.2022.  It is hereby made clear that if plaintiff fails to take proper steps against defendant no.2, suit would stand dismissed against unserved defendant no.2.
Matter adjourned for steps to 09.12.2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 13/02/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-02-2023

Date: 13-02-2023
Business: None for plaintiff.
None for defendant.
Despite the order dates 04/07/2022 and 27/09/2022, plaintiff failed to appear and take proper steps.  Hence, matter kept for dismissal order.
Matter is adj to 01/04/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: Adv.Laxman Kanal  for plaintiff present.
None for defendant.
Adv for plaintiff submits that the summons is sent to deft no.2, however postal acknowledgment is not yet  received. He seeks time to have communication with the post department and to file appropriate application accordingly. Time granted.
Matter is adj to14.07.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Pushpanjali Kolpe h/f Adv. Laxman Kanal for plaintiff is present and prayed for adjournment for filing affidavit of service.   Adjournment is granted.
Matter is adj to 19.10.2023 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2023

Date: 19-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and its advocate are absent. Writ of summons is not yet served. Service affidavit is not filed. Plaintiff failed to take steps.
Matter is adj to 02.12.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Laxman Kana for plaintiff is present and requested for adjournment for filing affidavit of service.
Order below Exh-1
On perusal of the record and proceeding, though the suit is instituted in the year 2018, writ of summons is not yet served on defendant No.2. On previous date i.e. on 19.10.2023 neither plaintiff nor plaintiffs advocate was present. Service affidavit was not filed and therefore, matter was adjourned to 02.12.2023 for dismissal order. Counsel for the plaintiff praying again for the adjournment with the submission that the plaintiff would file the service affidavit on next date. In view of the submission, the matter is being adjourned to next date on same stage, subject to costs of Rs.1,000/- payable to DLSA within 10 days.
Matter is adj to 06.01.2024 for dismissal.
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)
Adv. Laxman Kanal for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-6. Service is incomplete.
Counsel for plaintiff filed an application for issuance of fresh writ of summons to the defendants, as neither acknowledgment received nor detected on postal tracking site. Hence, prayed for issuance of fresh summons.  It is marked as Exh-7. O-Allowed. Issue fresh writ of summons to the defendants by RPAD.
Matter is adj to 14.02.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-02-2024

Date: 14-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Resma Kurle for plaintiff is present and requested short adjournment to filed affidavit of service.
Matter is adj to 21/03/2024 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-03-2024

Date: 21-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Divya Kanan for plaintiff is present and filed affidavit of service. Taken on record. It is marked as Exh-8.
The defendant and his counsel are absent.
Matter is adj to 30.04.2024 for Order on Exh-8.
Next Purpose: ORDER
Next Hearing Date: 30-04-2024

Date: 30-04-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Reshma Kurle for plaintiff is present.
Order below Exh-1
On perusing affidavit of service at Exh-8, it appears that writ of summons sent through RPAD to the defendant, is served on defendant on 12.03.2024, as per A. D. Card. The defendant failed to appear. Hence, matter be proceeded ex-parte against the defendant.
Matter is adj to 28.06.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-06-2024

Date: 28-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Reshma Kurle  for plaintiff is present and requested for adjournment to file ex-parte evidence. Adjournment is granted as  a last chance, as matter is very old.
Matter is adj to 05.08.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-08-2024

Date: 05-08-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Representative of the plaintiff is present and requested for adjournment to file ex-parte evidence. Adjournment is granted as last chance.
Matter is adj to 04.09.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2024

Date: 04-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Divya Kanal for plaintiff is present and requested for adjournment.
Perused record. Matter is very old. Already last chance was granted to the plaintiff to file ex-parte evidence. The plaintiff failed to file ex-parte evidence. Today also, the plaintiff is seeking adjournment on the ground that wife of plaintiff is suffering from cancer. Matter is adjourned. If plaintiff fails to take positive steps on next date, matter will be listed for dismissal order.
Matter is adj to 09.10.2024 for filing ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-10-2024

Date: 09-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff was given last chance to take the steps. The plaintiff fails to take steps. Hence, matter is kept for dismissal order.
Matter is adj to 30.11.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 30-11-2024

Date: 30-11-2024
Business: P.O. IS DEPUTED FOR MEDIATION CONFERENCE AT PUNE
Next Purpose: DISMISSAL
Next Hearing Date: 04-01-2025

Date: 04-01-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
The plaintiff is given last chance to file ex-parte evidence.
Matter is adj to 15.02.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-02-2025

Date: 15-02-2025
Business: P. O. is on half day(first session) leave.
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2025

Date: 29-03-2025
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Order below Exh-1
Perused roznama and record. It appears though writ of summons was served to the defendants, they failed to appear. Therefore, order was passed on 30.04.2024 to proceed matter ex-parte against them. Matter was adjourned for filing ex-parte evidence and adjourned on 28.06.2024, 05.08.2024, 04.09.2024, 09.10.2024, 30.11.2024, 04.11.2025, 15.02.2025 and 29.03.2025. Plaintiff was given last chance to file ex-parte evidence. However, plaintiff failed to file ex-parte evidence. Matter is very old. Thus, it appears that plaintiff is not interested in conducting the matter. Hence, no purpose would serve by keeping matter pending. Hence, I proceed to pass following order-
Order
Sum. Suit No. 288 of 2018 is hereby dismissed in default for want of prosecution.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-03-2025

Registration Number: 100288/2018
Transfer Date: 24-10-2018
From Court: 28 - COURT 28 ADD SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100288/2018
Transfer Date: 05-12-2018
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 9 - COURT 09 ADDL SESSIONS JUDGE

Registration Number: 100288/2018
Transfer Date: 25-03-2019
From Court: 9 - COURT 09 ADDL SESSIONS JUDGE
To Court: 20 - COURT 20 ADDL SESSIONS JUDGE

Registration Number: 100288/2018
Transfer Date: 06-06-2019
From Court: 20 - COURT 20 ADDL SESSIONS JUDGE
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100288/2018
Transfer Date: 20-07-2019
From Court: 40 -
To Court: 7 - COURT  07 ADDL SESSIONS JUDGE

Registration Number: 100288/2018
Transfer Date: 20-07-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 40 -

Registration Number: 100288/2018
Transfer Date: 22-07-2019
From Court: 7 - COURT  07 ADDL SESSIONS JUDGE
To Court: 40 -

Registration Number: 100288/2018
Transfer Date: 09-01-2020
From Court: 40 - COURT 40 ADDL SESSIONS JUDGE
To Court: 59 - IC REGISTRAR CITY CIVIL COURT MUMBAI

Registration Number: 100288/2018
Transfer Date: 10-06-2021
From Court: 59 - Court 59 ADDL SESSIONS JUDGE
To Court: 61 - COURT 61 ADDL  SESSIONS JUDGE

Registration Number: 100288/2018
Transfer Date: 01-01-2024
From Court: 61 - COURT 61 ADDL  SESSIONS JUDGE
To Court: 81 - judge 904

Filing Number: 101240/2018
Filing Date: 19-01-2018
First Hearing Date: 02nd May 2018
Decision Date: 29th March 2025
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE