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SUIT - SHORT CAUSE CIVIL SUIT

International Interconnected Spot Exchange Ltd. Through Sanjukta KeluskarVsMonica Trading Pvt Ltd +1 more

CNR MHCC0100137020191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 08th June 2023

TrustJury record updated 18 Sept 2026

Case Overview

Registration Number
100874/2019
Registration Date
29 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 04-07-2019
    Business: Director of plaintiff company present.
    Adv. Abhijeet Desai for deft. no. 1 present.
    Counsel for the deft. no. 1 filed Vakalatnama.  O-Seen and filed.
    The Ld. Counsel for deft. no. 1 submitted that copy of the plaint and annexures weer not served to the deft. no. 1. The director of the plaintiff present submitted that Bailiff had served the copy of the plaint and documents. Even prior to  that plaintiff had served the copy of the plaint and documents.  No affidavit of service is filed on the record. The plaintiff is directed to serve the copy of plaint and documents, if not duly served, to the deft. no. 1.
    Adjourned for compliance and written statement to 11.9.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: None present for plaintiff
    Adv. Firoz Merchant h/f Adv. Abjhijeet Desai  for defendant no. 1 present.
    Written statement filed on behalf of defendant no. 1.  TOR.
    Plaintiff to file affidavit of service of writ of summons to defendant no. 2.
    Adjourned for affidavit of service of writ of summons in respect of defendant no. 2 to 5.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Vidya Anupure for plaintiff present.
    Adv. Firoz Merchant for defendant no. 1 present.
    It appears that the plaintiff has not taken steps to serve writ of summons to the defendant no. 2.  Last chance is granted to the plaintiff  to serve writ of summons to defendant no. 2  and to file affidavit of service.
    Adjourned for affidavit of service of writ of summons in respect of defendant no. 2 to 9.1.2020
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Adv. Amiksha Joshi for plaintiff present.
    Adv. Ms. Bhavika Thakkar i/b. Abhijeet Desai for deft. no.1 present.
    Adv. Ms. Joshi for plaintiff filed memo of appearance.
    O. - Seen and filed.
    Adv. for plaintiff undertakes to file Vakalatnama on next date.
    Last chance was granted to plaintiff to serve deft. no.2 but as the advocate is changed, plaintiff to take steps to serve deft. no.2.
    Fresh writ of summons issued against deft. no2.
    The matter is adjd for affidavit of service to 17.03.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None for plaintiff.
    Adv. Bhavika Thakkar for deft. no.1 present.
    Plaintiff to file service affidavit in respect of service to deft. no.2.
    The matter is adjd for affidavit of service to 19.06.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: None for plaintiff.
    Adv. Firoz Merchant for deft. no.1 present.
    Since long, the plaintiff has not taken steps to serve deft. no.2.  Last chance is granted to plaintiff to serve deft. no.2.
    The matter is adjd for service to 26.03.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjourned to 14.07.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: In view of office order no.131/2021 dated 02.07.2021, the matter not being urgent, is adjourned to 17.09.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv. Ansari for plaintiff is present.
    Adv. Chandani Sachdev for defendant no.1 is present.
    On oral request of Adv.for plaintiff last chance is granted for taking steps to serve upon deft no.2.
    Matter adjd for steps on 07.01.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, Hence matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None for pltff.
    Adv. Firoz Merchant for deft no. 1 present.
    Perused the previous roznamas, last chance is granted to pltff to take steps for service on deft no. 1.
    Matter is adjd to 15/07/2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: Adv. Jitendra Kshirsagar for the plff.
    None for the deft.
    The learned advocate for the plff. Has filed an application for grant of time to serve the deft no.2. t.o.t. marked Exh.6
    Considering the request of advocate for the plff.
    Matter adjd to 12/10/2022 for service upon deft..
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: None present for plff.
    The matter is adjd.for affidavit of service as last chance.
    Matter adjd to 09/12/2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: Plff and deft adv. is absent.
    Plff. in person is present.
    Inspite of giving ample opportunities to the plff. the plff failed to serve writ of summons on the deft. Roznama shows that already last chance given to the plff. Today again the plff. is seeking an adjournment. Hence considering the request last chance given subject to payment of cost of Rs. 2000/- paid to DLSA Mumbai, failing which necessary order will be passed.
    Matter adjd to 14.02.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: P.O.is on leave. Matter adjd to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-06-2023
    
    Date: 08-06-2023
    Business: None present for plaintiff.
    Roznama dated 09.12.2022 shows that by imposing cost of Rs.2000/- paid to DLSA Mumbai last chance given to the plaintiff to serve Writ of summons to the defendant. Today none present for plaintiff. Upon perusal of record it transpire that the plaintiff has not complied with the order. It seems that the plaintiff is not interested to proceed with the matter. Hence, the suit is stands dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 08-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101529/2019
    Filing Date: 04-02-2019
    First Hearing Date: 04th July 2019
    Decision Date: 08th June 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    08 Jun 2023
    Order Details: Other
    Pdf Text: 08.06.2023
    Sr. No. 54
    SU 874/19
    CORAM :- H.H.J. SHRI V.D.KEDAR(CR. 01)
    None present for plaintiff.
    Roznama dated 09.12.2022 shows that by imposing cost of
    Rs.2000/- paid to DLSA Mumbai last chance given to the plaintiff
    to serve Writ of summons to the defendant. Today none present
    for plaintiff. Upon perusal of record it transpire that the plaintiff
    has not complied with the order. It seems that the plaintiff is not
    interested to proceed with the matter. Hence, the suit is stands
    dismissed in default.
    Judge
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