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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Chowgule ConstructionVsM/s. Xtreme Constructions and Building Services

CNR MHCC01002788201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 17th August 2024

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100097/2020
Registration Date
14 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 09-03-2020
    Business: None present.
    Matter is Adjd for affidavit of service on 28.03.2020
    Next Purpose: REPORT
    Next Hearing Date: 28-03-2020
    
    Date: 28-03-2020
    Next Purpose: REPORT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 18.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Matter adjd for report on 07.05.2021.
    Next Purpose: REPORT
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharge adjd to 18/08/2021.
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Both the parties and their advocates are absent.
    L.O. at 11.30 a.m.
    Plaintiff absent.
    Defendant and his advocate are absent.
    Adv. Lanjekar for the plff present.
    Adv. For the plff filed application for issuance of fresh writ of summons. t.o.r.
    Order- issue fresh summons as prayed.
    Matter is adjd to 16.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 16-10-2021
    
    Date: 16-10-2021
    Business: As per circular declared holiday
    Next Purpose: REPORT
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: P.O is on leave hence, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: None present.
    Matter is adjd for  report on 07-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: REPORT
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Adv. Mr. Lanjekar for Plaintiff present and seeks time to take proper steps to serve the defendant.
    Matter adjourned to 24/09/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-09-2022
    
    Date: 24-09-2022
    Business: As per Office Order No.169 of 2022, dated 08.08.2022, holiday is declared.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 26-11-2022
    
    Date: 26-11-2022
    Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None for plaintiff.
    No proper steps are taken. As a last chance, matter is adj to 02/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv.Jitendrta Tiwari i/b Adv.Rupesh Lanjekar for plaintiff present.  He filed application   (Exh-2) for re-issuance of fresh writ of summons.
    Order-Application allowed, issue fresh writ of summons.
    Matter is adj to 13/04/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.S.H.Singh for plaintiff present.   He filed application for extension of time  for service (Exh-3)
    Order- Application allowed, as a last chance.
    Plaintiff to lodge summons within two weeks from today.
    Matter is adj to 14/07/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-07-2023
    
    Date: 14-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    As court is busy in hearing and dictating order in other urgent matters, morning board is discharged.
    Matter is adj to 21.09.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and his counsel are absent.
    It is not appearing that the writ of summons is served on the defendant. The plaintiff failed to filed service affidavit.
    Matter is adj to 21.10.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-10-2023
    
    Date: 21-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. S. H. Singh i/b Rupesh Lanjekar for plaintiff is present and filed application for adjournment seeking time to file service affidavit. TOR. It is marked as Exh-4. Adjournment is granted.
    Matter is adj to 02.12.2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining  morning and afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 06-01-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Rupesh Lanjekar for plaintiff is present and filed an application for removal of caption dismissal. It is marked as Exh-4. O-Caption of dismissal is removed and allowed to file affidavit of service.
    Counsel for plaintiff is also filed affidavit of service. It is marked as Exh-5. Service is incomplete.
    The plaintiff is directed to take necessary steps.
    Matter is adj to 12.02.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 16.04.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-04-2024
    
    Date: 16-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff is given last chance to take the steps.
    Matter is adj to 01.07.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff was given last chance to take the steps. The plaintiff failed to take the steps. Hence, matter be kept for dismissal order.
    Matter is adj to 17.08.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 17-08-2024
    
    Date: 17-08-2024
    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 1.30 pm
    The plaintiff and his advocate are absent.
    Keep back
    Later on at 2.56 pm
    The plaintiff and his advocate are absent.
    Order below Exh-1
    The plaintiff and his advocate are absent. On perusing record, it appears that matter is pending for filing affidavit of service since 28.03.2020. The plaintiff has not filed affidavit of service till date. As plaintiff failed to file affidavit of service, matter is adjourned for dismissal order on 21.10.2023, 02.12.2023, 06.01.2024. On 06.01.2024, the plaintiff filed an application at Exh-4 to remove caption of dismissal  and also affidavit of service at Exh-5. The service was incomplete. Therefore, the plaintiff was directed to take the steps  and adjourned to 12.02.2024 and 16.04.2024. The plaintiff was given ample opportunity to file affidavit of service. However, the plaintiff failed to file affidavit of service. Today also, the plaintiff is absent and he has not taken any steps. Thus, it appears that the plaintiff is not interested in conducting the matter. Matter is old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
    Order
        Summary Suit No.97/2020 is hereby dismissed in default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 17-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103087/2018
    Filing Date: 22-02-2018
    First Hearing Date: 09th March 2020
    Decision Date: 17th August 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    17 Aug 2024

    Order Details: Other Pdf Text: 46 17/08/2024 SUM 97/20 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Keep back. Later on at 1.30 pm The plaintiff and his advocate are absent. Keep back Later on at 2.56 pm The plaintiff and his advocate are absent. Order below Exh-1 The plaintiff and his advocate are absent. On perusing record, it appears that matter is pending for filing affidavit of service since 28.03.2020. The…

    Read Full Order
    Order 1Full order available
    17 Aug 2024

    Order Details: Other Pdf Text: 46 17/08/2024 SUM 97/20 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Keep back. Later on at 1.30 pm The plaintiff and his advocate are absent. Keep back Later on at 2.56 pm The plaintiff and his advocate are absent. Order below Exh-1 The plaintiff and his advocate are absent. On perusing record, it appears that matter is pending for filing affidavit of service since 28.03.2020. The…

    Read Full Order

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