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SUMMARY CIVIL SUIT - SUMMARY SUIT

Millennium Consultancy Through Ritesh UpadhyayVsSavla Buildwell LLP +2 more

CNR MHCC01001208202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 04th November 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100589/2022
Registration Date
11 Jul 2022

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 05-09-2022
    Business: Adv. Parul Pandya for Plaintiff present and seeks time to file affidavit of service.
    None for Defendant.
    Matter adjourned to 18.11.2022 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-11-2022
    
    Date: 18-11-2022
    Business: Adv.Parul Pandya for plaintiff present.
    Plaint
    Vakalatnama.
    List of documents.
    Memorandum of address of plaintiff.
    Adv. for plaintiff filed affidavit of service. (Exh-5)
    It appears that writ of summons are returned unserved with endorsement “door locked”
    Plaintiff to take propers steps as per the law.
    Matter is adj to 03/02/2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv.Smt.Parul Pandya for plaintiff present.  She seeks time to file proper application/chamber summons for substitute service. Time granted.
    None for defendant.
    Matter is adj to 17/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Parul Pandya for plaintiff present.    She seeks time to file proper application for pasting, as earlier summons has returned unserved with the endorsement “door locked”.
    Matter is adj to 11/07/2023 for taking steps.
    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)
    Plaintiff and his counsel are absent.
    Matter is adj to 13.10.2023 for taking steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    The plaintiff failed to take steps to serve writ of summons.
    Matter is adj to 04.11.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and its counsel are absent.
    Order below Exh.1
                On perusal of the record and proceedings, it is found that the writ of summons is not served on the defendants though the suit was instituted long back in the year 2020. It is appearing that the suit summons sent for service earlier was returned unserved on 18.11.2022. Thereafter, the plaintiff did not take any steps for serving the writ of summons on the defendant. Hence, suit is hereby dismissed under Order 9 Rule 5 of the CPC.
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-11-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100936/2020
    Filing Date: 20-01-2020
    First Hearing Date: 05th September 2022
    Decision Date: 04th November 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Nov 2023
    Order Details: Other
    Pdf Text: 30
    04/11/2023
    SUM 589/22
    CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and its counsel are absent.
    Order below Exh.1
    On perusal of the record and proceedings, it is found that
    the writ of summons is not served on the defendants though the
    suit was instituted long back in the year 2020. It is appearing that
    the suit summons sent for service earlier was returned unserved on
    18.11.2022. Thereafter, the plaintiff did not take any steps for
    serving the writ of summons on the defendant. Hence, suit is hereby
    dismissed under Order 9 Rule 5 of the CPC.
    Judge
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