Commercial Suit
Vikram EnterprisesVsPolymers System +2 more
CNR MHCC01002010202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023
TrustJury record updated 27 Sept 2026
Case Overview
- Registration Number
- 100372/2020
- Registration Date
- 15 Feb 2020
Advocates
2For Petitioner
For Respondent
Parties
4Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 16-03-2020
Business: Adv.for plaintiff present.
None for defendant.
Matter adjd to 9/4/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 12-05-2020
Date: 12-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: DIRECTIONS
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 06-07-2020
Date: 06-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 03-08-2020
Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 19-08-2020
Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-09-2020
Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 16-09-2020
Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 12-10-2020
Date: 12-10-2020
Business: As the Court is on leave Board is discharged and the matter stands adjd. to 02/11/20
Next Purpose: DIRECTIONS
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23/11/ 2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-11-2020
Date: 23-11-2020
Business: Parties and their respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 11/12/2020 for direction.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Adv Vishaki Bhatia for plaintiff present.
None for defendant.
Matter adjd for direction to 14/01/2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-01-2021
Date: 14-01-2021
Business: Coram: H. H. J. SHRI. S. N. YADAV Judge, (C.R.NO. 32)
Adv.Vishaki Bhatia for plaintiff present.
Report of writ of summons filed. t.o.r. marked as Exh. 02
Matter adjd to 18-01-2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.01.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 06.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-02-2021
Date: 06-02-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 26.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 26-02-2021
Date: 26-02-2021
Business: Adv.for plaintiff absent.
Adv.for defendant absent.
plff. had filed Exh.2 affidavit of service of summons.
It points out that the summons are not severed upon the def.
plff. to take steps.
Matter adjd to 10/3/2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2021
Date: 10-03-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 18.03.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: None present for plaintiff.
None present for defendant.
Plaintiff has filed Exh.2, the affidavit of service. The defendant not served. The plaintiff to take steps to serve the defendants.
Matter adjd to 08.04.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2021
Date: 08-04-2021
Business: None present.
Matter adjd to 05.05.2021 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 18.06.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2021
Date: 18-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 06.07.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-07-2021
Date: 06-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 17.07.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2021
Date: 17-07-2021
Date: 28-07-2021
Business: As Court is on leave, matter is adjd to 20.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: None present for plaintiff.
None present for defendant.
L.O. at 3.45 p.m.
The plaintiff absent. No steps are taken.
Matter adjd to 29.10.2021 for Order.
Next Purpose: ORDER
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: None present for plaintiff.
None present for defendant.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
KB
LO at 11.33 am,
Adv.Vishakhi Bhatia for plaintiff present.
Plaintiff wants to filed, adjournment application, hence, keep back.
LO at 12.38 pm,
Adv.Vishakhi Bhatia for plaintiff present.
The plaintiff filed adjournment application, Exh.5 t.o.r.
O-Considering the reason time granted.
Matter adjd to 07.12.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 07-12-2021
Date: 07-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.05 pm,
Adv.Vishakhi Bhatia for plaintiff present. Adv. for plaintiff wants to verify the proceeding. Hence, kb.
KB
LO at 01.39 pm,
Adv.Vishakhi Bhatia for plaintiff present. She filed application to allow issuing fresh writ of summons, Exh.6 t.o.r.
O-Allowed to serve the suit summons on defendants by RPAD.
Matter adjd to 04.02.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: None present.
In view of SOP dated 6.1.2022, matter adjd to 04/03/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2022
Date: 04-03-2022
Business: None present for plaintiff.
None present for defendant.
Plaintiff remained absent. Service affidavit is not filed. Kept for order against plaintiff.
Matter adjd to 25.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 25-03-2022
Date: 25-03-2022
Business: HHJ on leave.
Next Purpose: ORDER
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Ms.Mili Datta, representative of plaintiff present.
None present for defendant.
On oral request matter adjd to 24.06.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 24-06-2022
Date: 24-06-2022
Business: Court is on Leave.
Next Purpose: ORDER
Next Hearing Date: 07-07-2022
Date: 07-07-2022
Business: None present.
KB. LO 12.22
Adv. Vishaki Bhatia Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps against deft for substitute service of suit summons.
Adj. For steps on 30/07/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-08-2022
Date: 25-08-2022
Business: None present.
Case is for steps against defendant since long but plaintiff has not taken any steps. Hence, case be fixed for dismissal in default to 19/09/2022.
Next Purpose: DISMISSAL
Next Hearing Date: 19-09-2022
Date: 19-09-2022
Business: None present.
KB. LO 1.35.
Proprietor of plff namely Nikhil Chimanlal Shah present. He prayed for time to file CS for substitute service of suit summons on deft. Granted as last chance.
Adj. For Steps on 08/10/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-10-2022
Date: 08-10-2022
Business: Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Adv. Vishaki Bhatia Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on defts by way of publication in two local newspaper of Bangalore and also by RPAD to the Civil Court of Bangalore for serving suit summons through Bailiff. Record shows that suit summons were issued to defts by RPAD but it returned with postal remark “addressee left, not claimed respectively” . Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendants by way of publication in two local newspaper publish from Bangalore.
2. Simultaneously plaintiff shall serve suit summons on defendants by RPAD as prayed , as well as by Email to the defendants.
3. Chamber summons be registered for statistical purposes.
Adj. For Service affidavit on 28/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: Adv. Vishaki Bhatia Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing service affidavit as per order dt.08/10/2022 and also seeking permission for extension of time to serve summons by way of newspaper publication. Time extended to publish suit summons in newspaper till next date.
Adj. For Service affidavit on 11/01/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-01-2023
Date: 11-01-2023
Business: Adv Dheeraj Zokade h/f Adv. Vaishaki Bhatia Present for Plff.
None Present for Deft.
Exh.07 Adv of plff has filed service affidavit regarding service of summons through email. It shows that department of court has email sent to deft on 05/01/2023 regarding suit summons.
Adv of plff seeks time for filing service affidavit regarding publication in newspaper. Granted.
Adj. For Service affidavit in respect of publication in newspaper on 08/02/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-02-2023
Date: 08-02-2023
Business: None present.
Case adjourned for service affidavit in respect of News publication to 06.03.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2023
Date: 06-03-2023
Business: Adv. Shradha Jadhav i/b Adv. Vishaki Bhatia for plaintiff present.
None present for defendant.
Adv.of plaintiff made statement that parties arrived at settlement. Therefore prayed for adjournment for filing compromise memo.
Case adjd for service affidavit to 18.04.2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2023
Date: 18-04-2023
Business: None present.
Case adjourned for service affidavit to 28/06/2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-06-2023
Date: 28-06-2023
Business: 28.06.2023
16
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 372/2020 None present for parties.O- Record shows that, since long matter is pending for affidavit of service. Hence, put up the matter for dismissal order on the next date. Adjd. to 24/07/2023 for dismissal order. Judge
Next Purpose: DISMISSAL
Next Hearing Date: 24-07-2023
Date: 24-07-2023
Business: None present.
O-Matter is adjourned as last chance.
Matter is adj for dismissal order to 02/09/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 02-09-2023
Date: 02-09-2023
Business: None present for parties.
KB
L.O at 12.45 p.m.
None present for parties.
Matter is adj for dismissal to 21/10/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: None present till 04.15 p.m.
O - Matter is pending for service affidavit since long. On 06.03.2022 ld. adv of plaintiff made statement that parties have arrived at settlement therefore, adjournment be granted for filing compromise memo hence, matter was posted for service affidavit on 18.04.2023. But from that day none appears for the plaintiff. Therefore, suit is hereby dismissed for non prosecution.
Order below Exh 01
Suit is hereby dismissed in default of non prosecution and
is thus disposed off.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 21-10-2023Additional Case Details
Additional Case Details
Filing Number: 113436/2019 Filing Date: 04-12-2019 First Hearing Date: 16th March 2020 Decision Date: 21st October 2023 Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE
Orders
1Final Order 121 Oct 2023
21 Oct 2023
Order Details: Other Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE Case No. :Commercial Suit/0100372/2020 Vikram Enterprises Vs Polymers System Date : 21-10-2023 Business : None present till 04.15 p.m. O - Matter is pending for service affidavit since long. On 06.03.2022 ld. adv of plaintiff made statement that parties have arrived at settlement therefore, adjournment be granted for filing compromise memo hence, matter was posted for service affidavit on 18.04.2023. But from that day none appears for the plaintiff. Therefore, suit is hereby dismissed for non prosecution. Order below Exh 01 Suit is hereby dismissed in default of non prosecution and is thus disposed off. Nature of Disposal : DISMISSED IN DEFAULT -- 1 of 1 --
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