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SUMMARY CIVIL SUIT - SUMMARY SUIT

Nobel Biocare India Pvt LtdVsPriyashriya Hospitals Pvt Ltd +2 more

CNR MHCC01002714201883-COURT 83 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100147/2021
Registration Date
12 Sept 2018
Next Hearing Date
30 Sept 2026
Case Stage
COMPLIANCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order37 · Rule2

    Case History / Proceedings

    Case History
    Date: 12-11-2018
    Business: Adv. Kapadia for Plaintiff present.
    None  for Defendant.
    Matter is adjd. to 08/02/2019 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv. Vinita Kapadia for Plaintiff present.
    None for Defendant
    On the oral request of the advocate of plaintiff,
    Matter is adjd. to 18/03/2019 for Service affidavit.
    Next Purpose: REPORT
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. Ms.Kapadiafor Plaintiff
    She requested for adjournment
    O-Granted
    Matter is adjd. to 02/07/2019  for Report
    Next Purpose: REPORT
    Next Hearing Date: 02-07-2019
    
    Date: 02-07-2019
    Next Purpose: REPORT
    Next Hearing Date: 08-08-2019
    
    Date: 08-08-2019
    Business: P.O. is on training.
    Next Purpose: REPORT
    Next Hearing Date: 28-10-2019
    
    Date: 28-10-2019
    Business: Adjd to 02.11.2019
    Next Purpose: REPORT
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: None present.
    Adj to 06.03.2020 for report.
    Next Purpose: REPORT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Zoyed Khatri for plaintiff
    Earlier this was registered as summary suit. Now it has been registered as commercial suit. Therefore, the procedure prescribed for the trial of commercial suit as per the commercial courts act has to be followed. Hence, issue summons to the defendants for filing of written statement.
    Adjd for service to 07-04-2020
    Next Purpose: SERVICE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: SERVICE
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
    Next Purpose: SERVICE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Parties and their respective advocates are absent.
    Upon the directions issued by the Hon\''ble High Court, Bombay, vide circular dated 19.09.2020 and office order no. 136 of 2020 dtd - 30.09.2020 of this court.
    Matter adjd to 22.10.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    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.143/2020 dtd.09/10/2020 of this Court.
    Matter adjd to  05.11.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    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 25.11.2020  for services.
    Next Purpose: SERVICE
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    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 18.12.2020  for services.
    Next Purpose: SERVICE
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: None for plaintiff.
    None for defendant.
    Adjd to 14.01.2021 for Service.
    Next Purpose: SERVICE
    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.Shivesh Upaddhya for plaintiff present.
    Adv. for defendant absent.
    Draft CS along with affidavit filed by adv. for plaintiff.
    O. - Leave granted for register CS
    Matter adjd to 06-02-2021 for service report.
    Next Purpose: SERVICE
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv.Zoheb Khatri i/b. India Law LLP for plaintiff present.
    None present for defendant.
    KB
    LO
    Adv. of plaintiff filed application, Exh.2 for issuance of fresh writ summons t.o.r. O-Issue fresh summons to the defendant.
    Matter adjd to 10.03.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: In view of the office orders the matter be placed before the new allotted Court on 08.04.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv. Kirti Vagal I/b India Law LLP for plaintiff present.
    None for defendant.
    Matter adjd for writ of summons to 20-07-2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Kirti Wagal for plaintiff present.
    None for defendant.
    Matter adjd for writ of summons to 02-12-2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv. Khatri  for plaintiff present.
    None present for deft.
    Exh.   - Service affidavit for deft no.3. O-seen.
    Matter Adjd for service affidavit of deft no. 1 and 2 on 27/01/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv. Khatri for plaintiff present.
    None present for defendant.
    Ld. Adv. for plaintiff sought time for taking steps against deft no. 1and 2.
    Matter Adjd for steps/ex-parte order against deft No. 3 on 27/06/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Khatri for plaintiff present.
    None present for defendant.
    Time sought.
    Matter Adjd for steps on 22/08/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Zoheb Khatri for plaintiff present.
    None present for defendant.
    Matter Adjd for steps on 19/10/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: P.O. is on leave
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2023
    
    Date: 10-01-2023
    Business: Adv. Khatri for plaintiff present.
    None present for defendant.
    Matter be placed before Lok-adalat.
    Issue notice to to both the parties.
    Matter Adjd for lok-adalat on 11/02/2023.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-02-2023
    
    Date: 11-02-2023
    Business: Matter pertaining to C.R. No.13
    Adv. Chitrang Jamoth for plaintiff present.
    None present for defendant.
    Adv. For plaintiff submitts that yet deft. no. 1 and2 are to be served. There are no chances of amicable settelment.
    In view of same Matter Adjd to 12/04/2023.
    Next Purpose: HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv. Chitrang Gamoth for plaintiff present.
    None present for defendant.
    Time sought. Time granted.
    Matter Adjd for steps on 30/06/2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: P. O. is on training.
    Hence, matter is adjourned.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Business: Plaintiff is absent when called.
    Adv. Shubham i/b Adv. India Law for plaintiff is present and submitted that he is searching the address of defendants and sought oral adjournment. Granted.
    Matter Adjd for steps to 01.11.2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-11-2023
    
    Date: 01-11-2023
    Business: P.O. is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-01-2024
    
    Date: 10-01-2024
    Business: Presiding officer is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-02-2024
    
    Date: 29-02-2024
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: Adv. Subham Khaire i/b India Law for plaintiff present.
    None for defendant.
    Matter is adjourned to 04-07-2024 for taking steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2024
    
    Date: 04-07-2024
    Business: Adv Akshata Parkar for plaintiff present.
    Matter is adjourned to 05.09.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: Adv. Shubham Khaire for plaintiff present.
    Matter is adjourned to 17.12.2024 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Adv. Shubham Khaire for plaintiff present.
    Matter is adjourned to 24.03.2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: Adv. Malavika Sreejith i/b India Law LLP for plaintiff present.
    Matter is adjourned to 25.07.2025 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-07-2025
    
    Date: 25-07-2025
    Business: Adv. Malvika Sreejith i/b India law LLP for plaintiff present.
    Matter is adjourned to 15.10.2025 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2025
    
    Date: 15-10-2025
    Business: Adv. Malavika Sreejith i/b India Law LLP for plaintiff present and filed draft CS for substitute of service by way of paper publication.
    O-Leave granted to register CS.
    None for defendant.
    Matter is adjourned to 12.12.2025 for Filing Ch/s.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: Adv. Malavika Sreejith i/b India law LLP for plaintiff present through VC and tendered registered Ch/s No.2903/2025 through intern Ms. Nisha Kumari. Taken on record.
    Matter is adjourned to 23.03.2026 for Affidavit of service of Ch/s.
    Next Purpose: CHAMBER SUMMONS SERVICE
    Next Hearing Date: 23-03-2026
    
    Date: 23-03-2026
    Business: Adv. Malavika Shreejith i/b Indian law LLP for plaintiff present.
    None for defendant.
    ORDER BELOW CH.S NO.2903/2025
    By way of present Ch/s, plaintiff company is praying for substituted service by way of paper publication in two local news paper. According to Adv. Shreejith, the whereabouts of defendant No.1 and 2 is not known and the service affidavit shows remark Left. No such addressee. Gone though the service affidavit Exh.03  which shows remark Left. No such addressee. It seems plaintiff company tried to serve the defendant No.1 and 2 but could not served in view of they left the address. Considering the same, I am of view they can be served by way of substituted service as prayed. Hence, following order -
    ORDER
    1. The Ch/s No.2903/2025 is allowed as prayed.
    2. The defendant be served by way of substituted service in daily new papers Times of India and Dinamalar.
    3. The Ch/s No.2903/2025  is disposed of.
    Matter is adjourned to 09.06.2026 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-06-2026
    
    Date: 09-06-2026
    Business: Adv. Aletea Fernandes i/b India Law LLP for plaintiff present.
    On oral request of Adv. for plaintiff time is granted till next date for compliance of order on Ch/s.
    Matter is adjourned to 01.08.2026 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-08-2026
    
    Date: 01-08-2026
    Business: Adv. Mehak Chaudhari for plaintiff is present through VC.
    On oral request of adv. of plaintiff time is granted for compliance of order passed on ch/s no. 2903/2025.
    Matter is adjourned to 30.09.2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 103016/2018
    Filing Date: 22-02-2018
    First Hearing Date: 12th November 2018
    Court Number And Judge: 83-COURT 83 ADDL. SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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