Commercial Suit
Essa Mohammed Mohammed ZarifVsMusharaf Rajapkar
CNR MHCC01001777202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100399/2020
- Registration Date
- 18 Feb 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 37
Case History / Proceedings
Case History
Date: 18-03-2020
Business: Adv for plff is present.
None for defendant.
Adjourned for Directions to 8.4.2020.
Next Purpose: DIRECTIONS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdwon due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 09-07-2020
Date: 09-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 27-07-2020
Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 21-08-2020
Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Both parties and their advs are absent when called out.
Issue writ of summons.
Adjd for writ of summons to 01/12/2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-12-2020
Date: 01-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 05.01.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to clarify whether this suit can be captioned as commercial suit
Matter is adjd.to 20-01-2021 for Writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-01-2021
Date: 20-01-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 24-02-2021 for writ of summons.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 24-02-2021
Date: 24-02-2021
Business: None for plaintiff and defendant.
Plff to take proper steps for writ of summons.
Matter is adjd.to 17.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None for plaintiff and defendant.
Plff to take steps of service of summons.
Matter is adjd.to 27.04.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-04-2021
Date: 27-04-2021
Business: None for plaintiff and defendant.
Matter is adjd.to 22.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: Both the parties absent when called out.
Adjourned to 03.09.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-09-2021
Date: 03-09-2021
Business: Adv. Ramesh Jain for plaintiff present
Matter is adjd.to 08-09-2021 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2021
Date: 08-09-2021
Business: None for the plaintiff.
Matter is kept in Lok-Adalat which is going to be held on 25.09.2021.
Issue notice to both the side.
Matter is adjd.to 25.09.2021 for Lok-Adalat.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-09-2021
Date: 25-09-2021
Business: Matter pertaining to C.R. No.31
None present.
Matter Adjd to 24/11/2021
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-11-2021
Date: 24-11-2021
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment for filing affidavit of service.
Matter is adjd.to 21-12 -2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-12-2021
Date: 21-12-2021
Business: None for plaintiff.
Matter is adjd.to 31-01-2022 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-01-2022
Date: 31-01-2022
Business: Adv. Mr. Ramesh Jain for plaintiff present.
Matter is adjd.to 09-03-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2022
Date: 09-03-2022
Business: None for plaintiff.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: None for plaintiff.
Matter is adjd.to 13-06-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: None present when called.
Adjd for affidavit of service to 27/07/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: None present when called.
Matter is referred to Lok Adalat. Issue notice to both parties to appear before Lok Adalat to be held on 13.08.2022
Adjd for Lok Adalat to 13/08/2022
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022
Date: 13-08-2022
Business: None present.
Adjd to 22/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: None present plaintiff is directed to file affidavit of service on next date.
Adjd for affidavit of service to 07/10/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: None present when called. Plaintiff is directed to file affidavit of service on next date
Adjd for affidavit of service to 22/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022
Date: 22-11-2022
Business: None present.
Plaintiff directed to filed affidavit of service of writ of summons on next date otherwise further order will be passed
Adjd. to 15.12.2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: None present for plaintiff and defendant
Plaintiff directed to file affidavit of writ of summons on next date.
Adjd to 27.01.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2023
Date: 27-01-2023
Business: None present.
Matter is referred to lokadalat.
Case is adjourned for lokadalat to 11-02-2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: Parties are absent.
Matter adjourned to 05.04.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO on leave. Board discharged.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: ESSA Mohammed Mohammed Zarif Vs Musharaf Rajapkar
All called, but absent.
Plaintiff to take steps regarding service. Else, put for necessary order.
Matter adjourned to 09.08.2023 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: All called, but absent.
Matter adjourned to 15.09.2023 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-09-2023
Date: 15-09-2023
Business: ESSA Mohammed Mohammed Zarif Vs Musharaf Rajapkar
Adv. Ramesh Jain present for plaintiff.
Matter is not traceable.
Matter be traced out.
Plaintiff to take appropriate steps.
Matter adjourned to 04.12.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 04-12-2023
Date: 04-12-2023
Business: ESSA Mohammed Mohammed Zarif Vs Musharaf Rajapkar
Adv. Ramesh Jain present for plaintiff.
On oral request of plaintiff matter adjourned to lokadlalt.
Case adjourned to 09.12.2024 for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023
Date: 09-12-2023
Business: Parties and their advocates are absent.
Matter adjd to 23.01.2024.
Next Purpose: FOR___________________
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Essa Zarif V/s Musharaf Rajapkar
Adv. Ramesh Jain present for plaintiff.
He is seeking oral adjournment.
On oral request matter adjourned to 29.02.2024.
Case adjourned to 29.02.2024 for steps
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: ESSA Mohd. Zarif V/s Musharaf Rajapkar
All called, but absent.
Parties to takes steps.
Later on at 12.19 Hrs.
Adv. Madhuri Shirke present for plaintiff.
Defendant side called, but absent.
Plaintiff to take steps. Else, put for dismissal order.
Suit adjourned to 13.06.2024 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: ESSA Mohd. Zarif V/s Musharaf Rajapkar
All called, but absent.
Parties to take steps.
Put for dismissal.
Suit adjourned to 29.06.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: ESSA Mohammed Vs Musharaf Rajapkar
Plaintiff side called, but absent.
Suit is kept back.
Later on at 16.58 Hrs.
Adv. Ramesh Jain present for plaintiff.
Exh.2 - Pursis filed by plaintiff for referring the Suit in Lok- Adalat.
Suit adjourned to 27.07.2024 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024
Date: 27-07-2024
Business: None present.
Matter stands Adj on 28/09/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Not on Board, Taken on todays board by Courts order.
The Suit was listed for dismissal order.
On oral request of plaintiff (Roznama dt.29.06.2024), the Suit was adjourned to be placed before Lok-adalat.
Accordingly, the Suit was listed before Lok-adalat on 27.07.2024.
Before the Lok-adalat (27.07.2024), Sheristedar has allotted the next date as 28.09.2024 which is Lok-adalat.
As the Suit was listed for dismissal order, hence Suit cannot be allotted next date which will be of Lok-adalat.
Therefore it is taken on todays board.
Suit is adjourned for dismissal order on 22.08.2024.
Office to issue notice to plaintiff.
Plaintiff to note the new date as 22.08.2024.
Suit adjourned to 22.08.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: ESSA Mohammed Zarif Vs Musharaf Rajapkar
Plaintiff side called, but absent.
Defendant side called, but absent.
Perused roznama dt. 27.07.2024 and 29.07.2024.
Plaintiff to take steps.
Suit adjourned to 23.09.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: ESSA Mohammed Mohammed Vs Musharaf Rajapkar
Plaintiff side called, but absent.
Defendant side called, but absent.
Plaintiff to take appropriate steps.
Else put for dismissal Order.
Suit adjourned to 15.10.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: ESSA Mohammed Vs Musharaf Rajapkar
Presiding Officer is on leave.
All called, but absent.
Suit adjourned to 21.11.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 21-11-2024
Date: 21-11-2024
Business: ESSA Mohammed Mohammed Zarif Vs Musharaf
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take steps as per previous roznama.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 04.01.2025 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 04-01-2025
Date: 04-01-2025
Business: ESSA Mohammed Mohammed Zarif Vs Musharaf Rajapkar
Plaintiff side called, but absent.
Parties to comply previous date roznama.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 03.02.2025 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2025
Date: 03-02-2025
Business: Persuant to notification no. A-1201/2025 dated 27.01.2025, by Honble Bombay High Court of Judicature, Appellate Side, Bombay, the Presiding Officer of this Court has been transferred and Successor Presiding Officer has joined today at 1.00 p.m. Hence, except matters at Sr. Nos. 5 to 9 and Sr. Nos. 13 to 15 rest of the board is discharged.
Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 15.03.2025 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: None present for plaintiff.
None present for defendant.
Since 29.02.2024 time and again matter was adjourned for under the caption dismissal. Twice i.e. on 04.12.2023 and 27.07.2024 on the request of plaintiff, matter was kept in Lok-adalat. No effective steps taken. Matter is of the year 2020 and five years old. It appears that, the plaintiff is not interested in prosecuting the present Suit. Hence, Suit stands dismissed for want of prosecution. Interim application, if any stands dismissed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-03-2025Additional Case Details
Additional Case Details
Filing Number: 101870/2020 Filing Date: 10-02-2020 First Hearing Date: 18th March 2020 Decision Date: 15th March 2025 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 115 Mar 2025
15 Mar 2025
Order Details: Order below exhibit Pdf Text: 15.03.2025 03 Court Room No.31 - Commercial Court, Mumbai Coram : Shri S. B. Bhansali, District and Additional Sessions Judge Comm Suit 399/2020 None present for plaintiff. None present for defendant. Since 29.02.2024 time and again matter was adjourned for under the caption dismissal. Twice i.e. on 04.12.2023 and 27.07.2024 on the request of plaintiff, matter was kept in Lok-adalat. No effective steps taken. Matter is of the year 2020 and five years old. It appears that, the plaintiff is not interested in prosecuting the present Suit. Hence, Suit stands dismissed for want of prosecution. Interim application, if any stands dismissed. Judge -- 1 of 1 --
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