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Commercial Suit

Om Sai EnterprisesVsShri. Siddhi Kumar Infrastructure Pvt. Ltd. +4 more

CNR MHCC01001282202014-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th July 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
101070/2021
Registration Date
13 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Petitioner

    1. 1Om Sai Enterprises

    Respondent

    1. 1Shri. Siddhi Kumar Infrastructure Pvt. Ltd.
    2. 2Ashok Anoopchand Jaswani
    3. 3Pushpa Ashok Jaswani
    4. 4Apurva Ashok Jaswani
    5. 5L and T Reality Ltd

    Acts & Sections

    2
    Hindu Marriage Act · Sec 37 · 38
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 17-02-2020
Business: P. O. is on Leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-04-2020

Date: 02-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-06-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Aditi Prabhu for deft no. 5 present.
Matter stands Adj for NM reply to 15/02/2021.
Next Purpose: REPLY
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: None present.
Matter stands Adj for NM Reply to 24/03/2021.
Next Purpose: REPLY
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 09-06-2021

Date: 24-03-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: Adv. Aditi Prabhu for plaintiff present.
Adv. Aditi Prabhu for plaintiff present.
Matter is adjd.to  29-06-2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 29-06-2021

Date: 09-06-2021
Business: Adv. Aditi Prabhu for plaintiff present.
Adv. Aditi Prabhu for plaintiff present.
Matter is adjd.to  29-06-2021 for Reply.
Next Purpose: REPLY
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 14-07-2021

Date: 29-06-2021
Business: Court is on leave.
Next Purpose: REPLY
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: None present for Plff.
Adv. Ms. Aditi Prabhu for Deft.no.5 present.
Adv. for deft.no.5 filed affidavit in reply to N/m.
Adv. for deft.no.5 filed additional affidavit to the N/m.
The plff did not file original N/m No. 596/2020.  Hence, the plff is directed to file original N/m on record.
Matter is adjd.to 24.08.2021 for filing registered n/m by
the plff.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2021

Date: 14-07-2021
Business: None present for Plff.
Adv. Ms. Aditi Prabhu for Deft.no.5 present.
Adv. for deft.no.5 filed affidavit in reply to N/m.
Adv. for deft.no.5 filed additional affidavit to the N/m.
The plff did not file original N/m No. 596/2020.  Hence, the plff is directed to file original N/m on record.
Matter is adjd.to 24.08.2021 for filing registered n/m by
the plff.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None present.
Registered N/M is not filed.  Plaintiff is directed to file registered N/M.
The matter is adjd for compliance and N/M hearing to 08.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021

Date: 24-08-2021
Business: None present.
Registered N/M is not filed.  Plaintiff is directed to file registered N/M.
The matter is adjd for compliance and N/M hearing to 08.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None present.
Plaintiff did not file N/M.  Plaintiff is directed to tender registered N/M.
The matter is adjd for compliance to 27.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2021

Date: 08-09-2021
Business: None present.
Plaintiff did not file N/M.  Plaintiff is directed to tender registered N/M.
The matter is adjd for compliance to 27.09.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: None for plaintiff.
Adv. Namrata Parmar along with Adv. Ashutosh Kaushik for deft. no.5 present.
Exh.4 - Vakalatnama filed by Adv. Kaushik for deft. no.5. T.O.R.
Plaintiff is directed to file registered N/M.
The matter is adjd for compliance to 25.10.2021 at   11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2021

Date: 27-09-2021
Business: None for plaintiff.
Adv. Namrata Parmar along with Adv. Ashutosh Kaushik for deft. no.5 present.
Exh.4 - Vakalatnama filed by Adv. Kaushik for deft. no.5. T.O.R.
Plaintiff is directed to file registered N/M.
The matter is adjd for compliance to 25.10.2021 at   11.00 am.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: None for plaintiff.
Adv. Kunal Naik i/b. Adv. Ruben Fernandes for deft. nos.1 to 4 present.
Adv. Namrata Parmar for deft. no.5 present.
Plaintiff is directed to file registered N/M.
The matter is adjd for compliance to 18.11.2021 at    02.45 pm.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021

Date: 25-10-2021
Business: None for plaintiff.
Adv. Kunal Naik i/b. Adv. Ruben Fernandes for deft. nos.1 to 4 present.
Adv. Namrata Parmar for deft. no.5 present.
Plaintiff is directed to file registered N/M.
The matter is adjd for compliance to 18.11.2021 at    02.45 pm.
Next Purpose: COMPLIANCE
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None for plaintiff.
Adv. Namrata Parmar for deft. no.5 present.
Registered N/M is not filed on record.  Plaintiff is directed to file registered N/M.
The matter is adjd for compliance to 03.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2021

Date: 18-11-2021
Business: None for plaintiff.
Adv. Namrata Parmar for deft. no.5 present.
Registered N/M is not filed on record.  Plaintiff is directed to file registered N/M.
The matter is adjd for compliance to 03.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: None present.
Plaintiff is directed to file registered N/M No.596/20.
The matter is adjd for compliance to 14.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-12-2021

Date: 03-12-2021
Business: None present.
Plaintiff is directed to file registered N/M No.596/20.
The matter is adjd for compliance to 14.12.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: None present.
The matter is adjd for compliance to 05.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2022

Date: 14-12-2021
Business: None present.
The matter is adjd for compliance to 05.01.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Adv. Dinesh Yadav for plaintiff present.
Adv. Ashutosh Kaushik for deft. no.5 present.
Adv. For plaintiff tendered registered N/M No.596/20. T.O.R.
Plaintiff is directed to communicate the next date of hearing to Adv. of deft. nos.1 to 4.
The matter is adjd for hearing on N/M to 25.01.2022 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022

Date: 05-01-2022
Business: Adv. Dinesh Yadav for plaintiff present.
Adv. Ashutosh Kaushik for deft. no.5 present.
Adv. For plaintiff tendered registered N/M No.596/20. T.O.R.
Plaintiff is directed to communicate the next date of hearing to Adv. of deft. nos.1 to 4.
The matter is adjd for hearing on N/M to 25.01.2022 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: None for plaintiff.
Adv. Ashutosh Kaushik for deft. No. 5 present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Notice of Motion Hearing to 17.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 25-01-2022
Business: None for plaintiff.
Adv. Ashutosh Kaushik for deft. No. 5 present.
In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Notice of Motion Hearing to 17.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None for plaintiff.
Adv. Ashutosh Kaushik for deft. no.5 present.
Matter is pending for hearing on N/M since long.  It appears from order-sheet that plaintiff is not interested in prosecuting N/M.  Therefore, N/M No.596/20 be kept for dismissal order.
The matter is adjd for dismissal of N/M No.596/20 to 09.03.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-03-2022

Date: 17-02-2022
Business: None for plaintiff.
Adv. Ashutosh Kaushik for deft. no.5 present.
Matter is pending for hearing on N/M since long.  It appears from order-sheet that plaintiff is not interested in prosecuting N/M.  Therefore, N/M No.596/20 be kept for dismissal order.
The matter is adjd for dismissal of N/M No.596/20 to 09.03.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None for plaintiff.
Adv. Ashutosh Kaushik for deft. no.5 present.
   Perused the order-sheet.  N/M No.596/2020 is pending for hearing since long.  It appears from the order-sheet that plaintiff is not interested in prosecuting N/M No.596/2020. Therefore, N/M No.596/2020 is dismissed in default for want of prosecution.  No order as to costs.
The matter is adjd for filing service affidavit to 12.04.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-04-2022

Date: 12-04-2022
Business: None for plaintiff.
Adv. Kunal Naik for deft. nos.1 to 4 present.
Adv. Namrata Parmar i/b. M/s. Kaushik and Co. for deft. no.5 present.
The matter is adjd for filing service affidavit to 18.06.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: None for plaintiff.
Adv. Namrata Parmar for deft. no.5 present.
K.B.
L.O. at 11.25 am.
Adv. Kunal Naik for deft. nos.1 to 4 present.
Adv. Namrata Parmar for deft. no.5 present.
Adv. For deft. no.5 submits that deft. no.5 is not served with writ of summons.
Plaintiff is absent since long.  It appears from the       order-sheet that plaintiff is not interested in prosecuting the suit.  Therefore, suit be kept for dismissal order.
The matter is adjd for dismissal order to 07.07.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: None for plaintiff.
Adv. Kunal Naik for deft. nos.1 to 4 present.
Adv. Namrata Parmar i/b. M/s. Kaushik and Co. for deft. no.5 present.
K.B.
L.O. at 03.30 pm.
Plaintiff and its advocate are absent.
Plaintiff is absent since long.  It appears that plaintiff is not interested in prosecuting the suit.  Therefore, suit is dismissed in default for want of prosecution.  No order as to costs.  Proceedings be closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 07-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101383/2020
Filing Date: 30-01-2020
First Hearing Date: 17th February 2020
Decision Date: 07th July 2022
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Jul 2022
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 14 ASST SESSIONS JUDGE
Case No. :Commercial Suit/0101070/2021
Om Sai Enterprises Vs Shri. Siddhi Kumar Infrastructure Pvt. Ltd.
Date : 07072022
Business : None for plaintiff. Adv. Kunal Naik for deft.
nos.1 to 4 present. Adv. Namrata Parmar
i/b. M/s. Kaushik and Co. for deft. no.5
present. K.B. L.O. at 03.30 pm. Plaintiff and
its advocate are absent. Plaintiff is absent
since long. It appears that plaintiff is not
interested in prosecuting the suit.
Therefore, suit is dismissed in default for
want of prosecution. No order as to costs.
Proceedings be closed.
Nature of
Disposal
: DISMISSED IN DEFAULT
Disposal Date : 07072022
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