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SUMMARY CIVIL SUIT - SUMMARY SUIT

Standard Metal FabricatorsVsStanlubes and Specialities India Private Ltd.

CNR MHCC01002520201884-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 18th September 2024

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100425/2018
Registration Date
05 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-06-2018
    Business: Adv. Anusha Parikh for Plaintiff present.
    Adv. Mamta Kadam for Defendant present.
    Advocate for plaintiff filed Original summons to answer plaint, tor.
    Advocate for plaintiff tendered the draft Summons for Judgment  alongwith affidavit, Tor.
    Matter is adjd. to 20/09/2018 for S/J Reply.
    Next Purpose: REPLY
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Business: Adv. Gauri Joshi for plaintiff, AdvJain for defendant filed draft Ch/sum. @ Affidivate
    Order Leave is granted to registered the Ch/Summ.
    Adv. For plaintiff file original SJ no. 181/18 @ affidavit t.o.r.
    case is adjd for reply to ch/su. on 01.11.2018.
    Next Purpose: REPLY
    Next Hearing Date: 01-11-2018
    
    Date: 01-11-2018
    Business: Adv. Neha Sawant for Plaintiff present.
    Adv. Pravin Shetty for Defendant present.
    Advocate for defendant has filed original Ch/s no.1770/18 alongwith affidavit, TOR.
    Advocate for plaintiff has filed the reply to the Ch/s.
    Matter is adjd. to 27/11/2018 for Ch/s hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-11-2018
    
    Date: 27-11-2018
    Business: Adv. Neha Sawant for Plaintiff present.
    Adv. Lalit Jain for Defendant present.
    Advocate for plaintiff has requested for short adjournment as her senior is held up in High Court hence,
    Matter is adjd. to 09/01/2019 for Hearing on Ch/s.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-01-2019
    
    Date: 09-01-2019
    Business: Adv. Sawant for Plaintiff present.
    Adv. Lalit Jain for Defendant present.
    Heard the argument of both the sides,
    Matter is adjd. to 19/01/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 19-01-2019
    
    Date: 19-01-2019
    Business: Adv. Neha Sawant for Plaintiff present.
    None for Defendant.
    Court is busy in dictating Judgment in Civil Suit no.3385/09 hence, due to paucity of time,
    Matter is adjd. to 30/01/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Adv. Sonal Sanap for Plaintiff present.
    None for Defendant.
    Court is busy in dictating Judgments in Summary suits, hence due to paucity of time,
    Matter is adjd. to  25/02/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: As the Court is on leave Board is discharged and the mattar stands adjd.to
    Next Purpose: ORDER
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv. Neha Sawant for Plaintiff present.
    None for Defendant.
    Court is busy in High Court Time bound matter in Su no.3734/11 and other order matter hence due to paucity of time, Matter is adjd. to 03/04/2019 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Adv for plaintiff Ms.Sonal Sanap present
    Adv for deft Mr.Mishra present
    Heard Argument of Adv for plaintiff and deft
    FRSR Following order is passed
    1.Chamber Summons No. 1770 of 2018 is allowed subject to cost of Rs. 1500/- to be given by defendant to plaintiff.
    2.  Chamber Summons No. 1770 of 2018 stands disposed of.
    Matter is Adjd for Compliance to 24/08/2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-08-2019
    
    Date: 24-08-2019
    Business: None present.
    Adjd to 18/10/2019
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Neha Sawant for plaintiff present.
    Adv Mishra for deft. Present.
    Deft has complied with the earlier order therefore, reply to SJ is taken on record. Copy is supplied to OS.
    Adjd. for SJ hearing to 16.12.2019.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Mansi Jain for plaintiff present.
    None for defendant present.
    Matter is adjd to 21/02/2020 for SJ hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Adv Sonal Sanap for pltff present and she has filed rejoinder to SJ No. 181/18. TOR.
    Adv Lalit Jain for deft present.
    Matter is adjd to 17/06/2020 fpr SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: Adv. Kakrla for plaintiff I/b Apek law partners
    Adv. Mamta kadam for defendant
    Adjd by consent to 30-06-2021 for SJ Hearing
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv Sanap for plaintiff present.
    None for defendant.
    KbLO
    Adv mamta for defendant.
    defendant filed Sir-rejoinder T.O.R.
    Matter is adjd to 13-12-2021 for SJ Hearing.
    Next Purpose: SUMMONS FOR JUDGEMENT HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Adv. Hafiz for plaintiff present.
    Adv. Lalit Jain i/b Praveer G. Shetty  for the defendant present.
    K.B.  L.O. 01. 15 p.m.
    Adv. Sonal Sanap for plaintiff present.
    Adv. Lalit Jain i/b Praveer G. Shetty  for the defendant present.
    Heard arguments of both sides on SJ from 01.15 p.m. to 02.02 p.m.
    K.B. L.O.
    Further heard arguments of both sides sides on SJ from 02.45 p.m. to 03.00 p.m.
    Matter is adjd. to 22/12/2021 for SJ order.
    Next Purpose: ORDER
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Adv. Lalit Jain i/b Praveer G. Shetty for the defendant present.
    Adv. Sonal Sanap i/b M/s. Apex law partners for plaintiff present.
    KB
    LO
    Adjourned to 15.01.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adv.  Hafiz for the plaintiff is present.
    None availability of Steno.
    Matter is adjd. to 18/01/2022 for SJ order.
    Next Purpose: ORDER
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: None present.
    F R S R following order is passed:
    O R D E  R
    
    1.Summons for Judgment No.181 of 2018 is rejected.
    Matter is adjd. to 18.02.2022 compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: None for plff.
    Adv. for Deft. present.
    The Inspite of order 18/01/2022. The deft. failed to file WS, therefor suit to proceed without WS of Deft.
    Matter is adjd. for NO WS hearing to 08-04-2022.
    Next Purpose: HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: None for plaintiff.
    Advocate Ms. Sneha Agrawal for defendant present.
    Draft N/M along with affidavit in support of N/M tendered by advocate for the defendant. O-  Leave to register N/M is granted.
    She also filed WS. TOR.
    Matter is adjd. for service to 06-07-2022.
    Next Purpose: SERVICE
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: None present for Plaintiff.
    Adv. Mamta Kadam for defendant present.
    K.B.
    L.O. at. 12.15 p.m.
    Both parties and their adv. absent.
    Adjd to 06/09/2022 for N.M. service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: As court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: AS court is vacant.
    Next Purpose: SERVICE
    Next Hearing Date: 09-08-2023
    
    Date: 09-08-2023
    Business: None present for plaintiff.
    Adv. C.D. Mishra  for defendant, tendered original register NM No. 1831/22 and affidavit of service TOR.
    Matter stands adjourned for NM reply on 13-10-2023.
    Next Purpose: REPLY
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: None present for plaintiff.
    Adv.Gayatri Devandra present for defendant.
    Matter stands adjourned for reply on 21-12-2023.
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: None for plaintiff.
    Adv. Mishara for defendant.
    Matter stands adjourned to 01.03.2024 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    Business: None present for plaintiff.
    Adv. Lalit V. Jain present for defendant.
    Heard the counsel of defendant.
    It appears from the record the defendant has served the Notice of Motion to the counsel of plaintiff as well as the upon the plaintiff. The plaintiff is absent since long, failed to file reply to the Notice of Motion. Considering the submissions of defendant and reason mentioned I passed following order-
    Order
    1. Notice of Motion No.1831/22 stands allowed.
    2. Delay is condoned
    3. The written statement already tendered, hence, it be exhibited at Exh.5.
    4. Notice of Motion No.1831/22 stands disposed off accordingly.
    Issues are framed Exh.6
    Issues
    1. Does the plaintiff proved that the defendant is liable to pay an amount of Rs. 9,43,351/-
    2. Does the plaintiff proved that it is entitled to charge interest @ 24 percent per annum from the date of default
    3.Whether the suit is filed within limitation
    4. Is the plaintiff entitle for the relief sought
    5. What order and decree
    Plaintiff is directed to file list of witness, evidence in chief as well
    as documents as per list on next date.
    Matter stands adjourned for R/E on 02-05-2024.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-05-2024
    
    Date: 02-05-2024
    
    Date: 19-07-2024
    Business: None present for plaintiff.
    Adv.C.D. Mishra present for defendant.
    Plaintiff absent since long, hence, put up for dismissal on next date.
    Matter stands adjourned for dismissal on 18-09-2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 18-09-2024
    
    Date: 18-09-2024
    Business: None present.
    Kept back.
    L.O. at 12.22 pm.
    None present for plaintiff.
    Adv. C.D. Mishra present for defendant.
    Kept back.
    L.O. at 4.30 pm.
    None present.
    Plaintiff absent since 18-01-2022, it seems that plaintiff do not want to proceed with the matter. Hence, Summary Suit No.425/18 stands dismissed in default. Proceeding is closed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 18-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102797/2018
    Filing Date: 17-02-2018
    First Hearing Date: 27th June 2018
    Decision Date: 18th September 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    18 Sept 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100425/2018
    Standard Metal Fabricators Vs Stanlubes and Specialities India Private Ltd.
    Date : 18-09-2024
    Business : None present. Kept back. L.O. at 12.22 pm. None present for
    plaintiff. Adv. C.D. Mishra present for defendant. Kept back.
    L.O. at 4.30 pm. None present. Plaintiff absent since 18-01-
    2022, it seems that plaintiff do not want to proceed with the
    matter. Hence, Summary Suit No.425/18 stands dismissed in
    default. Proceeding is closed.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 18-09-2024
    COURT 84 ADDL SESSIONS JUDGE
    Print
    -- 1 of 1 --
    Order 1
    18 Sept 2024
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0100425/2018
    Standard Metal Fabricators Vs Stanlubes and Specialities India Private Ltd.
    Date : 18-09-2024
    Business : None present. Kept back. L.O. at 12.22 pm. None present for
    plaintiff. Adv. C.D. Mishra present for defendant. Kept back.
    L.O. at 4.30 pm. None present. Plaintiff absent since 18-01-
    2022, it seems that plaintiff do not want to proceed with the
    matter. Hence, Summary Suit No.425/18 stands dismissed in
    default. Proceeding is closed.
    Nature of Disposal : DISMISSED IN DEFAULT
    Disposal Date : 18-09-2024
    COURT 84 ADDL SESSIONS JUDGE
    Print
    -- 1 of 1 --

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