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Commercial Suit

Alka Bharat RaisoniVsHarresh N. Mehta

CNR MHCC01002093202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 29th April 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100904/2021
Registration Date
29 Jul 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec Order 37

Case History / Proceedings

Case History
Date: 22-09-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 14.12.2020
Next Purpose: REPORT
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: P.O.is on Leave.
Adj to 01.04.2021.
Next Purpose: REPORT
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Advocate   for the plff. present.
On oral request of advocate for plff.
Matter adjd.to 16/06/2021 for report.
Next Purpose: REPORT
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 09.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Adv.Ankur Jain h/f.Adv.Ram Ugrah Singh for plaintiff present.
None present for defendant.
Due to rise in Covid cases, matter adjd to 29.07.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: As Court is on leave, matter is adjd to 05.08.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 05-08-2021

Date: 05-08-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 30.08.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.34 pm
Adv.Ram Singh for plaintiff present and requested time for taking steps for service of writ of summons.
Matter adjd to 28.09.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv.Ankur Jain for plaintiff present.
Adv.Vaibhav Parab for defendant present. He undertakes to file vakalatnama on behalf of defendant on next date.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 25.10.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: None present for plaintiff.
Adv. Vaibhav Parab present for defendant.
Plaint, Exh.01
Vakalatnama, Exh.02
Memorandum of Address, Exh.03
List of Documents, Exh.04
Adv Vaibhav Parab filed V/P for the defendant t.o.r. and marked Exh.05. V/P is accepted subject to point of delay.
Matter adjd to 26.11.2021 for filing service affidavit and steps by the plaintiff.
LO at 12.15 p.m.
Adv. Ram Singh appeared for the plaintiff.
Matter already adjd to 26.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Adv.Ram Singh for plaintiff present.
Adv.Milind Nar for defendant present.
The defendant filed draft notice of motion (for delay condonation) a/w. affidavit in support a/w. written statement.
O-Leave granted to register draft notice of motion.
Copy of draft notice of motion served to Adv.of plaintiff. Endorsement to that effect is made.
Written statement filed is kept for order after order on NM.
Matter adjd to 04.12.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: Adv.Ram Ugrah Singh for plaintiff present.
None present for defendant.
The plaintiff filed affidavit in reply, Exh.6  to NM No.3107/21 in respect of delay a/w. copy for the defendant.
It is noted that the defendant has not tendered the registered NM.
Matter adjd to 12.01.2022 for Hearing on NM No.3107/21.
Next Purpose: HEARING
Next Hearing Date: 12-01-2022

Date: 12-01-2022
Business: None present for plaintiff.
Adv Vaibhav Parab for defendant present. He tendered registered N/M No. 3107/2021 along with affidavit of N/M t.o.r.
The Ld. advocate for defendant submits that to consider his argument as heard as per the contentions in N/M.
Matter adjd to 27.01.2022 for Argument of plaintiff on N/M.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: Adv.Ankur Jain i/b.Adv.R. U. Singh for plaintiff present.
None present for defendant.
The plaintiff orally requested for adjournment.
In view of SOP dated 06.01.2022, matter adjd to 31.01.2022 for NM argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 31-01-2022

Date: 31-01-2022
Business: Adv. Ram Singh  present for plaintiff.
None present for defendant.
KB for order.
LO at 2.30 pm.
Adv. Vaibhav Parab for defendant present.
F.R.S.R following order is passed in NM No. 3107/2021.
ORDER
1. 	Notice of Motion is allowed.
2.	Delay in filing written statement is condoned.
3.  The written statement filed by the defendant is taken on record.
	    4.   Costs of this notice of motion shall follow the event.
Written statement filed by the defendant is t.o.r as marked as Exh.7.
Matter adjd to 24.02.2022 for  admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: Adv.Ram Ugrah Singh for plaintiff present.
Adv.Milind Nar for defendant present.
On oral request of both parties, matter adjourned for admission and denial on 21.03.2022.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 21-03-2022

Date: 21-03-2022
Business: Court on Leave
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: court is on Leave.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv Ram Singh present for plaintiff.
None present for defendant.
Matter adjd to 05.07.2022 for admission denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-07-2022

Date: 05-07-2022
Business: Adv. Ankur Jain h/f Adv Ram Singh Present for Plff.
None Present for Deft.
Deft has not filed admission and denial, hence matter be proceeded without admission and denial of deft.
Adj. For Case Management Schedule and statement of truth by both parties on 26/07/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Ankur Jain Present for Plff.
Adv. Milind Nar Present for Deft.
Adv of deft contended that matter settled between the parties. Adv of plff contended that, plff has not given any instruction about the settlement. Matter be kept Lok Adalat on 13/08/2022 and Statement of truth and CMS.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 13-08-2022

Date: 13-08-2022
Business: Matter was referred to Lok Adalat dt. 13/08/2022 but it could not settle and remained undated in CIS.  Hence taken on todays board 20/08/2022 .
Adj. For Service affidavit on 13/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. Ram Singh Present for Plff and seeks time to file service affidavit. Granted.
None present for deft.
Adj. For Service affidavit on 29/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv. Ankur Jain h/f Adv. Ram Singh Present for Plff.
Adv. Kranit Sidrul Present for Deft.
Adv of both parties seek time to file statement of truth. Granted as a last chance.
Adj. For Statement of truth by both parties on 12/10/2022.
Next Purpose: FOR___________________
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Ankur Jain Present for Plff.
None Present for Deft.
Adv of plff contended that compromise talk going on between the parties. Hence case be adjourn. Granted.
Adj. For Settlement before Lok Adalat on 12/11/2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 12-11-2022

Date: 12-11-2022
Business: None present when called.
Matter is adjd to 05/12/2022
Next Purpose: SETTLEMENT
Next Hearing Date: 05-12-2022

Date: 05-12-2022
Business: Adv. Ankush Jain Present for Plff.
None Present for Deft.
Record shows that on 26/06/2022 adv of deft submitted that matter settled between the parties and adv of plff contended that plff has not given instructions about the settlement. Thereafter matter was kept in lok adalat. However deft remained absent from time to time till today. The Written statement is on record but deft has not filed statement of truth. Hence defence of deft is hereby strike out. As far as statement of truth plff is concerned he also not filed the same.
Ex.08 - adv of plff has filed application for time to file statement of truth. Granted as a last chance.
Adj. For Statement of truth by plff and Evidence without WS on 10/01/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: Adv. Ankur Jain h/f Ram Singh for plaintiff present.
None for defendant.
KB.
L. O. 12.30 pm.
Adv. Ankur Jain h/f Ram Singh for plaintiff present.
Adv. Milind Nar for defendant present.
Adv of plaintiff has file application of adjournment to adduce evidence and statement of truth on the ground that plaintiff is not feeling well. Granted as last chance.
Case adjd for statement of truth by plaintiff and evidence without written statement on 04.02.2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-02-2023

Date: 04-02-2023
Business: None present.
Adj. For Evidence without WS on 02/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 02-03-2023

Date: 02-03-2023
Business: None present.
Adj. For evidence without WS on 27/03/2023.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: None Present.
Case is for Evidence without WS from last two dates.
Adj. For Dismissal order on 29/04/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: Adv. Ankush Jain Present for Plff.
None Present for Deft.
KB LO. 4.30 pm.
None present for the plff.
Today case is for dismissal order as the plff has not adduced evidence inspite of many opportunity. However today also advocate of plff only remained present in the morning session. Plaintiff has not filed evidence and also not filed any adjournment application. Thus, it seems that plaintiff is not interested to proceed with the suit. Hence, suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 29-04-2023

Additional Case Details

Additional Case Details
Filing Number: 102227/2020
Filing Date: 17-02-2020
First Hearing Date: 22nd September 2020
Decision Date: 29th April 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
29 Apr 2023
Order Details: Other
Pdf Text: 29.04.2023
02
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
904/21
Adv. Ankush Jain Present for Plff.
None Present for Deft.
KB LO. 4.30 pm.
None present for the plff.
Today case is for dismissal order as the plff has not adduced
evidence inspite of many opportunity. However today also advocate
of plff only remained present in the morning session. Plaintiff has
not filed evidence and also not filed any adjournment application.
Thus, it seems that plaintiff is not interested to proceed with the
suit. Hence, suit stands dismissed for want of prosecution.
Judge
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