SUMMARY CIVIL SUIT - SUMMARY SUIT
Diligent Road Carrers LtdVsBalmukund Polyplast Pvt Ltd +1 more
CNR MHCC01002486201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100442/2018
- Registration Date
- 06 Apr 2018
- Next Hearing Date
- 01 Oct 2026
- Case Stage
- REPLY
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Petitioner
Respondent
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 28-06-2018
Business: Adv. Wasani for Plaintiff present.
None for Defendant.
Original writ of summons and affidavit of service, TOR.
Matter is adjd. to 14/09/2018 for Exparte order.
Next Purpose: ORDER
Next Hearing Date: 14-09-2018
Date: 14-09-2018
Business: None for Plaintiff
None for Defendant
Court is busy old matter judgment, due to paucity of time , case is adjourned.
Matter is adjd. to 05/10/2018 for order.
Later on
Adv. Mr. for defendant present.
Adv for defendant has filed V/k. Tor Subject to confirmation.
Adv. Anneta Vasani for plaintiff present.
Next Purpose: ORDER
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Adv. Payal for Plaintiff present.
None for Defendant.
As the defendant has not appeared in the suit, though served, hence suit is proceeded exparte.
Matter is adjd. to 10/12/2018 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-12-2018
Date: 10-12-2018
Business: Adv. Ms. Payal for Plaintiff
None for Defendant
Matter is adjd. to 21/01/2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2019
Date: 21-01-2019
Business: Adv. Madhavi Rai for Plaintiff present.
Adv. Arunkumar for Defendant present and filed vakalatnama for today, as suit is already proceeded exparte and the defendant did not give his appearance within 10days from the date of service of writ of summons, hence filing of his appearance is disallowed.
Matter is adjd. to 11/03/2019 for Expate Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. Madhavi Rai for Plaintiff present.
None for Defendant.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 26/04/2019 for Exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Adv for plaintiff Mrs.Madhavi Rai present
Adv for deft Mr.Arun Kumar present
Adv for deft filed draft N/M with affidavit
O-Leave Granted to register N/M.
Exh 01 Plaint
Exh 02 VP
Exh 03 Address Memo
Exh 04 List of document
Exh 05 Adv for plaintiff filed claim affidavit and
Exh 06 List of document along with documents
Adv for plaintiff stated that she received copy of N/M
Matter is Adjd for Reply to N/M to 12/07/2019
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019
Date: 04-07-2019
Business: adv. Mazi Gakywad for plaintiff.
Adv. Arun kumar for defendant.
Registered NM 1699/190 alongwith affidavit tendered by Adv for defendant. copy is already served adv for plaintiff.
Adjd for NM reply 8/8/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019
Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2019
Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2019
Date: 28-10-2019
Business: Adjd to 02.11.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2019
Date: 28-10-2019
Business: Adjd to 02.11.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: None for both parties.
Adj to 16.01.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-01-2020
Date: 02-11-2019
Business: None for both parties.
Adj to 16.01.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-01-2020
Date: 16-01-2020
Business: Adv. Pandey for plaintiff filed reply to NM 1699/19. Copy served on the defendant.
Adv. Arun Kumar for the defendant.
Adjd for Hearing of NM to 06.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 16-01-2020
Business: Adv. Pandey for plaintiff filed reply to NM 1699/19. Copy served on the defendant.
Adv. Arun Kumar for the defendant.
Adjd for Hearing of NM to 06.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: Adv. Soni pandey for plaintiff
Adv. Arun kumar for defendant filed application for adjournment. O- Granted.
Adjd as last chance on the request of defendant for NM Hearing to 24-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 06-03-2020
Business: Adv. Soni pandey for plaintiff
Adv. Arun kumar for defendant filed application for adjournment. O- Granted.
Adjd as last chance on the request of defendant for NM Hearing to 24-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020
Date: 10-12-2020
Business: Adv. Vasani for plaintiff
None for defendant
Adjd to 04-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021
Date: 10-12-2020
Business: Adv. Vasani for plaintiff
None for defendant
Adjd to 04-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Representative of plaintiff present.
Adv. Rakesh for plaintiff
Defendants and their adv are absent.
No arguments on behalf of the defendant. Hence, put up for dismissal of the Notice of Motion 1699/19.
Adjd for dismissal for want of prosecution to 05-05-2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-05-2021
Date: 04-03-2021
Business: Representative of plaintiff present.
Adv. Rakesh for plaintiff
Defendants and their adv are absent.
No arguments on behalf of the defendant. Hence, put up for dismissal of the Notice of Motion 1699/19.
Adjd for dismissal for want of prosecution to 05-05-2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-05-2021
Date: 05-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2021
Date: 05-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: As per office order dated 12.10.2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-11-2021
Date: 16-11-2021
Business: Adv Rakesh Piprodia present for the plaintiff.
Adv Arun Kumar present for the defendant.
Adv for the defendant filed application for set aside dismissal order TOR O- other side to say O- No say is filed. Matter is removed from dismissal caption.
Adv for defendant also filed rejoinder to NM No.1699/19
Matter is adjd to 06.01.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
KB L.O. 01.45 p.m.
Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
Matter is adjd. to 09/02/2022 for passing dismissal order on NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-02-2022
Date: 06-01-2022
Business: Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
KB L.O. 01.45 p.m.
Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
Matter is adjd. to 09/02/2022 for passing dismissal order on NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-02-2022
Date: 09-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. for NM for Dismissal to 23-03-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-03-2022
Date: 09-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. for NM for Dismissal to 23-03-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Advocate Mr. Rakesh Piprodia for plaintiff present.
Advocate Mr. Arun Kumar for defendant present.
Exh.7-Advocate for defendant filed application for set aside dismissal order dt. 06-01-2022. TOR Other side to say.
Matter is adjd. for reply on Exh. 07 to 12-07-2022.
Next Purpose: REPLY
Next Hearing Date: 12-07-2022
Date: 23-03-2022
Business: Advocate Mr. Rakesh Piprodia for plaintiff present.
Advocate Mr. Arun Kumar for defendant present.
Exh.7-Advocate for defendant filed application for set aside dismissal order dt. 06-01-2022. TOR Other side to say.
Matter is adjd. for reply on Exh. 07 to 12-07-2022.
Next Purpose: REPLY
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
Adv. Deepak Karade for Plaintiff present and filed reply on Exh. 7 is t.o.r and marked as Exh. 7-A. O :- Seen.
Adv. Arunkumar for defendant present.
Heard arguments of both sides on Exh. 7.
Order Below Exh. 7.
This is application for recalling the order dtd. 06/01/2022 and fixing the matter for hearing on N.M. The defendant is seeking the recall on the ground that, he was prevented by Covid-19 from appearing. The counsel for Plaintiff has strongly objected to the same. In the interest of justice matter is kept for hearing on N.M.
Adjd to 05/08/2022 for hearing on N.M.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR (C.R. No.15)
Adv. Deepak Karade for Plaintiff present and filed reply on Exh. 7 is t.o.r and marked as Exh. 7-A. O :- Seen.
Adv. Arunkumar for defendant present.
Heard arguments of both sides on Exh. 7.
Order Below Exh. 7.
This is application for recalling the order dtd. 06/01/2022 and fixing the matter for hearing on N.M. The defendant is seeking the recall on the ground that, he was prevented by Covid-19 from appearing. The counsel for Plaintiff has strongly objected to the same. In the interest of justice matter is kept for hearing on N.M.
Adjd to 05/08/2022 for hearing on N.M.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022
Date: 05-08-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 05-08-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022
Date: 07-10-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022
Date: 02-12-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023
Date: 22-02-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Adv. Deepak Karde present for plaintiff.
Adv.Arun Kumar present for defendant.
Heard both side.
F.R.S.R. following order is passed-
ORDER
1.Notice of Motion No.1699/2019 in Summary Civil Suit No.442/2018, is hereby allowed.
2.Delay stands condoned
3.Defendants are permitted to appear in the proceeding.
4.Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for steps on 17-10-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2023
Date: 17-07-2023
Business: Adv. Deepak Karde present for plaintiff.
Adv.Arun Kumar present for defendant.
Heard both side.
F.R.S.R. following order is passed-
ORDER
1.Notice of Motion No.1699/2019 in Summary Civil Suit No.442/2018, is hereby allowed.
2.Delay stands condoned.
3.Defendants are permitted to appear in the proceeding.
4.Notce of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for steps on 17-10-2023.
Disposal Date: 17-07-2023
Date: 18-07-2023
Business: Adv. Deepak Karde present for plaintiff.
Adv.Arun Kumar present for defendant.
Heard both side.
F.R.S.R. following order is passed-
ORDER
1.Notice of Motion No.1699/2019 in Summary Civil Suit No.442/2018, is hereby allowed.
2.Delay stands condoned
3.Defendants are permitted to appear in the proceeding.
4.Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for steps on 17-10-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2023
Date: 17-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Adv.Deepak Karde present for plaintiff. Seeking time. Time is granted.
Adv. Arun Kumar present for defendant.
Matter stands adjourned for steps 20-03-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-03-2024
Date: 20-03-2024
Business: Adv.Deepak Kerde present for plaintiff. Seeking time. Time is granted.
Adv. Arun Kumar present for defendant.
Matter stands adjourned for steps on 24-06-2024.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: Adv.Deepak Karde present for plaintiff.
Adv.Arun Kumar present for defendant.
Plaintiff failed to take out Summons for Judgment within stipulated period as per the provisions of Rule 119 (4) of Bombay City Civil Court Rule. Hence, suit be kept for dismissal on next date.
Matter stands adjourned for dismissal on 19-08-2024.
Next Purpose: DISMISSAL
Next Hearing Date: 19-08-2024
Date: 19-08-2024
Business: Adv. Rakesh Piprodia present for plaintiff, tendered VP TOR marked as Exh.7.
He also tendered application for removal caption of dismissal TOR marked as Exh.8.
He also tendered draft Summons for Judgment TOR.
It appears from the roznama that the defendant has tendered appearance on 17-07-2023, thus, the Summons for Judgment is not taken out within stipulated period as per provisions of Rule 119(4) of City Civil Court Rule, Mumbai, therefore, the counsel of plaintiff to argue how is entitled for leave to register the Summons for Judgment.
Adv. Arun Kumar present for defendant.
Matter stands adjourned for hearing on leave to Summons for
Judgment on 21-10-2024.
Next Purpose: HEARING
Next Hearing Date: 21-10-2024
Date: 21-10-2024
Business: Adv. Rakesh Pitrodia present for plaintiff. Seeking time. Time is granted.
Adv. Arun kumar present for defendant.
Matter stands adjourned for hearing on 18-12-2024.
Next Purpose: HEARING
Next Hearing Date: 18-12-2024
Date: 18-12-2024
Business: None present.
Kept back.
Adv. Sudhakar Kadam present for plaintiff, tendered Draft Notice of Motion along with affidavit TOR.
O-Leave granted to register.
Copy served to the defendant.
Adv. Ranjana Singh present for defendants, tendered VP TOR marked as Exh.09.
Matter stands adjourned for hearing on 21-02-2025.
Next Purpose: HEARING
Next Hearing Date: 21-02-2025
Date: 21-02-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: HEARING
Next Hearing Date: 16-04-2025
Date: 16-04-2025
Business: P. O. is on Leave.
Next Purpose: HEARING
Next Hearing Date: 27-06-2025
Date: 27-06-2025
Business: Adv. Sudhakar Kadam present for plaintiff, tendered written notes of arguments to Notice of Motion No.6361/24 TOR.
None present for defendant.
Plaintiff is directed to tender the registered Notice of Motion on or before next date.
Matter stands adjourned to 08-08-2025 for Notice of Motion
hearing.
Later on at 12.15 pm.
Adv. Jugas Haria a/w Ayush Jain present for defendant.
Matter is already adjourned to 08-08-2025 for Notice of Motion
hearing.
Next Purpose: HEARING
Next Hearing Date: 08-08-2025
Date: 08-08-2025
Business: None present for plaintiff.
Adv. Vijay Jha i/b Law Juris present for defendant.
kept back.
Later on at 1.45 pm.
Adv. Sudhakar Kadam i/b RMP Legal present for plaintiff, tendered original register Notice of Motion No.6361/24 TOR.
Matter stands adjourned to 17-10-2025 for Notice of Motion
Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-10-2025
Date: 17-10-2025
Business: None present for plaintiff.
Adv. Preksha Jain i/b Law Juris present for defendant.
Matter stands adjourned to 04-12-2025 for Notice of Motion
hearing.
Later on at 12.15 pm.
Adv. Sudhakar Kadam i/b RMP Legal present for plaintiff.
Matter is already adjourned to 04-12-2025 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-12-2025
Date: 04-12-2025
Business: Adv. Suditakar Kadam present for plaintiff.
Adv. Vijay Jha i/b Law Juris present for defendant. Seeking time. Time is granted, subject to costs of Rs.500/- vide section 35 B of CPC.
Matter stands adjourned to 14-01-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2026
Date: 14-01-2026
Business: Adv. Sudhakar Kadam present for plaintiff.
Adv. Vijay Jha i/b Law Juris present for defendant, tendered Notice of Motion reply TOR.
Affirmed downloaded copy of reply of defendant resident of culcutta is tendered today with undertaking tender original as an when received.
Order in Notice of Motion No. 6361/24
By present Notice of Motion plaintiff wants to condone 518 days in filing Summons for Judgment supported by affidavit of Abhishek Gupta according to him the delay was not on his part but due to the defendant who failed to file VP within 10 days and subsequently appropriate proceeding in accordance with the law, hence, prayed to allow the Notice of Motion as under rule 265 of BCCC,1948 being court vested with inherent powers to condone the delay.
Vide affidavit in reply dated 13-01-2016 the Notice of Motion strongly resisted as delay is one year and 3 months. Therefore no due and proper question is taken to file Summons for Judgment well within 6 months from the date of service of writ of summons. Hence, prayed to dismiss the Notice of Motion.
Points-
Does cogent and sufficient reasons are made out to condone huge delay of 518 days
What order
Heard ld. Advocate shri kadam and Jha defendant.
The conduct from the record of the plaintiff that suit filed on 16-02-2018 came to be registered on 06-04-2018 and writ of summons served on defendant on 28-06-2018. The court pass Ex-parte order on 05-10-2018 and claim affidavit filed on 26-04-2019 goes to show plaintiff was taking steps in the suit in accordance with the law.
Subsequently according to Ld. Jha defendant appeared and apply for setting aside Ex-parte order on 17-07-2023. Thereafter, 4 dates was passed and therefor objecting to condone the delay as Ex-parte order came to be passed on 17-07-2023.
From the aforesaid affairs the delay appears to be for not at all for the plaintiffs fault but due to ex-parte order set aside if any one has to be blamed it must coat and all the plaintiff who punctually filed his claim affidavit after passing the Ex-aprte order and if at all the delay has to be counted in the peculiar facts and circumstances of the case from the date of Ex-parte order i.e. 17-07-2023. Therefore, I am inclined to condone the delay. Hence, I pass the following order
Order
1. Notice of Motion is allowed.
2 Delay stands condoned.
3. Leave is granted to register the Summons for Judgment forthwith.
Matter stands adjourned to 18-03-2026 for Summons for Judgment
reply.
Next Purpose: REPLY
Next Hearing Date: 18-03-2026
Date: 18-03-2026
Business: CORAM :- H.H.J. SHRI SANJIV PRABHAKAR PINGLE(CR. 84)
Due to paucity of time, court is busy in hearing argument in Com.Suit No. 646/2024 and passing order in N/M no.4021/25 in SU 3783/13 and NM 790/26 in MA 187/25. Hence, matter is adjourned.
Matter stands adjourned to 06-07-2026 for Reply.
Next Purpose: REPLY
Next Hearing Date: 06-07-2026
Date: 06-07-2026
Business: Adv. Sudhkar Kadam i/b RMP Legal for plaintiff.
Defendant and his Advocate are absent.
Matter stands adjourned to 14.08.2026 for SJ reply.
Next Purpose: REPLY
Next Hearing Date: 14-08-2026
Date: 14-08-2026
Business: P.O. is on training.
Next Purpose: REPLY
Next Hearing Date: 01-10-2026Additional Case Details
Additional Case Details
Filing Number: 102764/2018 Filing Date: 16-02-2018 First Hearing Date: 28th June 2018 Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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