Lucky EnterprisesVsKohinoor Plaster

Date: 08-04-2021
Business: None for both sides.
Plaintiff to take steps for writ of summons.
Matter is adjd.to 2.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 28.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-08-2021

Date: 31-08-2021
Business: None for plaintiff.
Plaintiff is directed to takes steps for issuance of writ of summons.
Matter is adjd.to  05-10-2021 for take steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to   22-11-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv. Deepak Salunkhe  for plaintiff present and requested for issuance of fresh writ of summons.
Issue fresh writ of summons for service upon the defendant.
Matter is adjd.to 04-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Suvarna Salukhe for plaintiff present and filed application for adjournment t.o.r. – short date be given.
Matter is adjd.to 03-02-2022 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2022

Date: 03-02-2022
Business: None for plaintiff.
Matter is adjd.to 28-02-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Adv. Deepak Salunkhe for plaintiff present and filed affidavit of service with original writ of summons and bailiff report t.o.r. and marked as Exh.2
He also filed application for re-issuance of writ of summons t.o.r. and marked as Exh.3  – allowed as prayed
Issue writ of summons on the address mentioned in the application for service upon the defendant.
Matter is adjd.to 07-04-2022  for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: None for plaintiff.
Time is extended for service of writ of summons.
Matter is adjd.to 16-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. Deepak Salunkhe for plaintiff present and sought time.
Adjd for writ of summons to 03/08/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-08-2022

Date: 03-08-2022
Business: None present when called.
Plaintiff is directed to file affidavit of service on next date.
Adjd for affidavit of service to 08/09/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-10-2022

Date: 04-10-2022
Business: Adv. Deepak Salunkhe for plaintiff present.
Application for re-issuance of writ of summons filed by plaintiff t.o.r. and marked as Exh.  4 O- Reissue writ of summons to defendants.
Adjd for affidavit of service to 28/11/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: None present when called. Plaintiff is directed to file affidavit of service on next date.
Adjd for affidavit of service to 12/01/2023
LO
Adv. Deepak Salunkhe for plaintiff present.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-01-2023

Date: 12-01-2023
Business: none for plaintiff.
None for defendant.
Plaintiff is directed to file affidavit of service.
Case adjourned for affidavit of service to 16-02-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: PO on leave. Board discharged. Matter adjd.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: Adv. Dipak Salunkhe for plaintiff present and sought time for taking steps. O time granted.
None for defendant.
Case is adjourned to 04.05.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-05-2023

Date: 04-05-2023
Business: Adv. Suvarna Salunkhe for plaintiff is present.
None for defendant.
Exh.05 - Ld adv for plaintiff filed original writ of summons a/w bailiff report t.o.r. O-Seen.
The bailiff report is shows that the summons is unserved to the defendant.
Case is adjourned for steps to 30-06-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: Lucky Enterprises Vs Kohinoor Plaster
Adv. Suvaran Salunke present for plaintiff.
Exh. 6- Application  preferred by plaintiff to effect service on defendant by Email. O- Allowed.
Exh.07- Affidavit in support
Defendant side called, but absent.
Matter adjourned to 09.10.2023 for service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Lucky Enterprises Vs Kohinoor Plaster
Adv. Deepak Salunke present for plaintiff.
Exh.8 - Application filed by plaintiff for extension of time to effect service.
O- Time allowed.
Matter adjourned to 24.01.2024 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2024

Date: 24-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Lucky Enterprises V/s Kohinoor Plaster
Plaintiff side called, but absent.
Plaintiff to take steps regarding service.
Case adjourned to 04.04.2024 for affidavit of service.
Later on at 12.34 Hrs.
Adv. Deepak Salunke present for plaintiff.
Exh.9 - Affidavit of service filed by plaintiff stating that,  Suit-summon is delivered on email address of defendant on 21.10.2023.
Defendant side called, but absent.
Till date defendant has not filed appearance before this Court.

As Court hall  is shifted to new building, Suit is adjourned for necessary Order.
Case adjourned to 04.04.2024 for necessary Order.
Next Purpose: ORDER
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Lucky Enterprises Vs Kohinoor Plaster
Plaintiff side called, but absent.
Perused roznama dt. 24.01.2024.
Suit to proceed ex-parte.
Plaintiff to lead evidence by next date.
Suit adjourned to 24.06.2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-06-2024

Date: 24-06-2024
Business: Lucky Enterprises V/s Hohinoor Plaster
Adv. Suvarna Salunke present for plaintiff.
Exh.10- Adjournment application filed by plaintiff.
Suit is ex-parte.
Adjournment allowed for today.
Suit adjourned to 19.09.2024 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-09-2024

Date: 19-09-2024
Business: lucky Enterprises V/s Kohinoor Plaster
Adv. Deepak Salunke present for plaintiff.
Plaintiff representative Sameer Nagare present.
Exh.11 - Application filed by plaintiff for withdrawal of Suit.
Plaintiff counsel identified plaintiff representative Sameer Nagare.
Both admitted contents and signature from withdrawal application at Exh.11.
On oral request of plaintiff, Suit be adjourned to Lok- Adalat.
Suit adjourned to 28.09.2024 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: CORAM-H.H.J SHRI. CHANDRAKANT S. DATIR
LOKADALAT PANEL NO.XIII(CR. NO. 31)
Both parties and their counsel are absent.
Matter is ajdn to 14.11.2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-11-2024

Date: 14-11-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Parties are directed to e-file all their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, its replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Parties to take steps as per previous roznama.
Suit adjourned to Steps on 13/12/2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Parties to take appropriates steps.
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 13.03.2024 for steps.
                                                                              Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-03-2025

Date: 13-03-2025
Business: None present for plaintiff.
Since long matter is kept for evidence, Plaintiff failed to adduce evidence. Suit is of the year 2021 and five years old.
Matter stands Adj for dismissal on 29-03-2025.
Next Purpose: DISMISSAL
Next Hearing Date: 29-03-2025

Date: 29-03-2025
Business: None present for plaintiff.
KB, Later on at 01.00 pm
None present for plaintiff.
Despite the lapse of considerable time, the matter has been pending due to plaintiff's inaction. Neithter has the plaintiff appeared nor taken any steps to prosecute the matter, indicating a clear lack of interest.
    The suit instituted in the year 2021 has been pending for over five  years. In view of the plaintiff's inordinate delay and lack of prosecution and also this being a commercial suit, this court is left with no option but to dismiss the suit for want of prosecution.
   Hence, suit stands dismissed for want of prosecution. Interim aplications, if any also stands dismissed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-03-2025

Filing Number: 101924/2020
Filing Date: 11-02-2020
First Hearing Date: 08th April 2021
Decision Date: 29th March 2025
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE