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SUMMARY CIVIL SUIT - SUMMARY SUIT

Citi Trading Co.VsSwastik Trading

CNR MHCC01002845201981-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 19 Sept 2026

Case Overview

Registration Number
100240/2020
Registration Date
25 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Citi Trading Co.

    Respondent

    1. 1Swastik Trading

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 2

    Case History / Proceedings

    Case History
    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 17.12.2020.
Next Purpose: REPORT
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: P.O. is on Leave.
Next Purpose: REPORT
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: None present.
Matter adjd for report on 06.07.2021.
Next Purpose: REPORT
Next Hearing Date: 06-07-2021

Date: 06-07-2021
Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
The matter is adjd to 04.09.2021.
Next Purpose: REPORT
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Court is Vacant
Next Purpose: REPORT
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: None present for Plaintiff.
	None present for Defendant.
	Matter adj. to 22/04/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: P.O. IS ON LEAVE
Next Purpose: REPORT
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: None for plaintiff.
No proper steps are taken to serve the writ of summons on defendant.  Plaintiff to take proper steps.
Matter adjd. to 02.12.2022 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: Adv.Mangesh Kokare for plaintiff present.  He filed application (Exh--) for issuing fresh writ of summons.
Order- Application allowed, issue fresh writ of summons as prayed for.
Matter is adj to 23/02/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv.Bilal Qureshi i/b Zaid S.Ansari and Associates for plaintiff present.    He submits that summons sent to defendant has returned unserved.
As such service is not complete.  Plaintiff to take proper steps.
Adv. for plaintiff seeks time.  Time granted.
Matter is adj to 02/05/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-05-2023

Date: 02-05-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Bilal Qureshi i/b Zaid S.Ansari and Associates for plaintiff present.  He filed affidavit of service (Exh-3).
O-Filed.
From the affidavit it transpires that notice has returned unserved for the reason “item returned addressee left without instructions”.
In view of the above plaintiff to take proper steps.
Matter is adj to 07/08/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-08-2023

Date: 07-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
As court is busy in recording evidence in High Court Time Bound Sum. Suit No.464/17, remaining morning session board is discharged.
Parties are at liberty to tender affidavits, reply, applications, etc. if any.
Matter is adj to 06.10.2023 for Ex-parte evidence.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-10-2023

Date: 06-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Mangesh R. Kokare i/b Zaid S. Ansari and Associates for plaintiff is present and requested for adjournment for taking steps. It is found that many times matter was adjourned for taking the steps and again the plaintiff is seeking adjournment for taking the steps. Adjournment is granted in the interest of justice, subject to costs of Rs.1,000/- payable to DLSA.
Matter is adj to 21.12.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Mangesh Kokare i/b Adv. Zaid S. Ansari and Associates for plaintiff is present and requested for adjournment.
Costs not paid. Plaintiff failed to lead evidence and file documents.
Matter is adj to 20.01.2024 for dismissal order.
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)
The plaintiff and his advocate are absent.
Matter is adj to 16.03.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Further, the plaintiff has failed to pay the costs as order dated 06.10.2023. Hence, matter is fixed for dismissal order.
Matter is adj to 04.05.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-05-2024

Date: 04-05-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff failed to take steps.
Matter is adj to 20.07.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Kept back.
Later on at 2.45 pm
Both parties and their advocate are absent.
The plaintiff failed to take necessary steps. Hence, 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 12.15 pm
The plaintiff and his advocate are absent.
Keep back
Later on at 1.42 pm
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 06.07.2021. 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 20.01.2024, 16.03.2024, 04.05.2024, 20.07.2024 and 17.08.2024. 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.240/2020 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 17-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102950/2019
Filing Date: 08-03-2019
First Hearing Date: 20th April 2020
Decision Date: 17th August 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Aug 2024
    Order Details: Other
Pdf Text: 48
17/08/2024
SUM
240/20
CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Keep back.
Later on at 12.15 pm
The plaintiff and his advocate are absent.
Keep back
Later on at 1.42 pm
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 06.07.2021. 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 20.01.2024,
16.03.2024, 04.05.2024, 20.07.2024 and 17.08.2024. 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.240/2020 is hereby dismissed in default.
Judge
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