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SUMMARY CIVIL SUIT - SUMMARY SUIT

Pankaj Padamkumar KajariaVsBorana Polymers

CNR MHCC01002265202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th June 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100388/2020
Registration Date
16 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 21-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 12.03.2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 15.06.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: Due to Covid-19 pandemic Matter is adjd to 12/08/2021 for Report
    Next Purpose: REPORT
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 07.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None present.
    Matter is adjd to 25.01.2022 for report.
    Next Purpose: REPORT
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: None present.
    Matter is adjd for Report on 11.04.2022.
    Next Purpose: REPORT
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: PO IS ON TRAINING.
    Next Purpose: REPORT
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: As the court is busy in hearing Arguments in SU No. 4211/09 and SU No. 9421/93.  Hence board is discharged.
    Matter adjourned to 30/09/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: Plaintiff\''s representative present and filed draft chamber summons along with affidavit in support.
    Through the present chamber summons plaintiff seeks to replace new power of attorney.  The copy of GPA dated 05.01.2022 is placed on record along with the affidavit.  The amendment sought is technical one.  The nature of suit does not change.  Hence, the chamber summons is allowed in terms of prayer clause (b) which reads as under-
      \''(b)This Hon\''ble Court be pleased to allow the present Chamber
        Summons as per the Schedule annexed herewith.\''
    Plaintiff to register the chamber summons for statistical purpose.  Plaintiff to carry out amendment within two weeks from the date of this Order.
                                                                                                     Judge
    Matter adjd. to 23.11.2022 for steps and compliance.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: Representative of plaintiff present and his advocate absent.
    Plaintiff has carried out amendment as order dated 30/09/2022.  Plaintiff to serve writ of summons on defendant and filed affidavit of service by next date.
    Matter is adj to 17/02/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: Representative of plaintiff present and his advocate absent.
    No steps are taken.
    Matter is adj to 02/05/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy in order SJ No.173/17 in SUM No.101/14 and in SJ No.23/2020 in Sum No. 1082 of 2027, remaining first session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    None for the parties.
    Matter is adj to 14/08/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Ganesh Shetty for plaintiff present and praying for adjournment for filed service affidavit.
    Matter is adj to 07/11/2023 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and its advocate are absent.
    The plaintiff has not filed service affidavit.
    Matter is adj to 16.12.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-12-2023
    
    Date: 16-12-2023
    Business: Court is on Leave
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Mr. Ajit Maru, representative of the plaintiff is present and requested for short adjournment. Adjournment is granted as a last chance.
    Matter is adj to 02.03.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 1.44 pm
    Adv. Ganesh Shetty for plaintiff is present and submitted that the plaintiff is no more. He wants to take steps.
    Already matter is adjourned for dismissal order. The plaintiff has not taken any steps. However, considering the submission of the counsel, matter is adjourned for dismissal order.
    Matter is adj to 20.04.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 4.06 pm
    Both parties and their advocate are absent.
    Matter is adj to 15.06.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 12.47 pm
    Both parties and their advocate are absent.
    Keep back.
    Later on at 1.41 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused record. It appears that matter is pending for filing affidavit of service since 12.03.2021. Further, plaintiff was given ample opportunity to take the steps. As plaintiff failed to take the steps, matter was kept for dismissal order on 07.11.2023, 02.03.2024, 20.04.2024 and 15.06.2024. Even, today also plaintiff failed to take effective steps. Matter is old. Even, today also the plaintiff has not taken any steps. It appears that plaintiff is not interested in conducting the matter. Therefore, no purpose would serve by keeping matter pending. Hence, I proceed to pass following order-
    Order
    1.     Suit No.388 of 2020 is dismissed in default for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102464/2020
    Filing Date: 21-02-2020
    First Hearing Date: 21st December 2020
    Decision Date: 15th June 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Jun 2024
    Order Details: Other
    Pdf Text: 44
    15/06/2024
    SUM
    388/20
    CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 12.47 pm
    Both parties and their advocate are absent.
    Keep back.
    Later on at 1.41 pm
    Both parties and their advocate are absent.
    Order below Exh-1
    Perused record. It appears that matter is pending for filing
    affidavit of service since 12.03.2021. Further, plaintiff was
    given ample opportunity to take the steps. As plaintiff failed
    to take the steps, matter was kept for dismissal order on
    07.11.2023, 02.03.2024, 20.04.2024 and 15.06.2024. Even,
    today also plaintiff failed to take effective steps. Matter is old.
    Even, today also the plaintiff has not taken any steps. It
    appears that plaintiff is not interested in conducting the
    matter. Therefore, no purpose would serve by keeping matter
    pending. Hence, I proceed to pass following order:-
    Order
    1. Suit No.388 of 2020 is dismissed in default for want of
    prosecution.
    Judge
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