Commercial Suit
Essa Mohammed Mohammed ZarifVsZohair A. Khakra
CNR MHCC01002860202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 100428/2020
- Registration Date
- 17 Mar 2020
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec Order 37
Case History / Proceedings
Case History
Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 22-04-2020
Date: 22-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 13-05-2020
Date: 13-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: DIRECTIONS
Next Hearing Date: 02-06-2020
Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 19-06-2020
Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: DIRECTIONS
Next Hearing Date: 15-07-2020
Date: 15-07-2020
Business: National Lockdown
Next Purpose: DIRECTIONS
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 09-09-2020
Date: 09-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-10-2020
Date: 07-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 07-11-2020
Date: 07-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2020
Date: 11-12-2020
Business: Both parties and their advocates are absent when called out.
Issue writ of summons.
Adjourned for writ of summons to 03.02.2021.
Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-02-2021
Date: 03-02-2021
Business: Both parties and their advocates are absent when called out.
Plaintiff to take steps for service of summons.
Matter is adjd.to 17-03-2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2021
Date: 17-03-2021
Business: None for plaintiff and defendant.
Plff to take steps of service of summons.
Matter is adjd.to 08.06.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-06-2021
Date: 08-06-2021
Business: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 07-07-2021
Date: 07-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: Adv. Ramesh Jain for plaintiff present and filed service affidavit with original writ of summons and closed envelope t.o.r. marked as Exh. 2
Matter is adjd.to 06-09-2021 for (ex-parte) order.
Next Purpose: ORDER
Next Hearing Date: 06-09-2021
Date: 06-09-2021
Business: Advocate Ramesh Jain for plaintiff present.
None for Defendant.
Matter is adjd.to 18-10-2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In view of Letter of Honble High Court dtd. 11-10-2021 and office order no. 213 of 2021 of Honble Principal Judge City Civil Court, Mumbai dtd. 12-10-2021, two holidays are declared on 16-10-2021 and 18-10-2021. Hence, the matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 29-11-2021
Date: 29-11-2021
Business: Adv. Ramesh Jain for plaintiff present.
On perusal of record, it appears that writ of summons was sent to the defendant through RPAD, but he did not claim as per report of postal authority and affidavit of service Exh.2. The defendant failed to appear. Hence, suit to proceed ex parte against the defendant.
Matter is adjd.to 15-12-2021for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-12-2021
Date: 15-12-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2021
Date: 20-12-2021
Business: None for plaintiff.
Matter is adjd. to18-01-2022 for Ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
Matter is adjd.to 23-02-2022 for ex parte evidnce.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-02-2022
Date: 23-02-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment – short date be given.
Matter is adjd.to 15-03-2022 for ex parte evidence
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None for plaintiff.
Matter is adjd.to 05-04-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2022
Date: 05-04-2022
Business: Adv. Ramesh Jain for plaintiff present and prayed for adjournment - short date be given.
Matter is adjd.to 07-06-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-06-2022
Date: 07-06-2022
Business: Adv. Ramesh Jain for plaintiff present and seeks time.
Adjd for exparte evidence to 22/07/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv Ramesh Jain for plaintiff present and sought time t file evidence.
Adjd for exparte evidence to 22/08/222
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Ramesh Jain for plaintiff present.
Adjd for exparte evidence to 07/10/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: None present.
Adjd for exparte evidence to 10/11/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Ramesh Jain for plaintiff present and seeks time to file evidence.
Adjd for exparte evidence to 28/11/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-11-2022
Date: 28-11-2022
Business: adv. Ramesh Jain for plaintiff present and seeks time to file evidence. Granted.
Adjd for exparte evidence to 13/12/2022
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2022
Date: 13-12-2022
Business: CORAM : H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Adv. Ramesh jain for plaintiff present and sought time for filing affidavit. Granted.
None for defendant.
Adjourned to 21.01.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-01-2023
Date: 21-01-2023
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-02-2023
Date: 11-02-2023
Business: Parties are absent.
Matter adjourned to 05.04.2023 for hearing.
Next Purpose: HEARING
Next Hearing Date: 05-04-2023
Date: 05-04-2023
Business: PO on leave. Board discharged.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-06-2023
Date: 19-06-2023
Business: Essa Mohammed Mohammed Zarif Vs Zohair A. Khakra
Plaintiff side called, but absent.
Matter pending for Ex-parte evidence.
Plaintiff to takes steps. Else, put for necessary order.
Matter adjourned to 04.09.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2023
Date: 04-09-2023
Business: Essa Mohammed Mohammed Zarif Vs Zohair A. Khakra
Plaintiff side called, but absent.
Suit is pending for ex-parte evidence of plaintiff.
Plaintiff to take steps. Else, put for necessary order.
Matter adjourned to 16.09.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-09-2023
Date: 16-09-2023
Business: Essa Mohammed Mohammed Zarif Vs Zohair A. Khakra
Today, Court Hall shifted from Third Floor to First Floor.
Plaintiff side called, but absent.
Plaintiff to take steps regarding Ex-parte evidence.
Matter adjourned to 07.10.2023 for Ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-10-2023
Date: 07-10-2023
Business: Essa Mohammed Vs Zohair A. Khakra
Adv. Ramesh Jain present for plaintiff.
Plaintiff absent.
On oral request of Adv. Jain matte adjourned before Lok-Adalat.
Matter adjourned to 09.12.2023 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023
Date: 09-12-2023
Business: Parties and their advocates are absent.
Matter adjd to 22.01.2024.
Next Purpose: FOR___________________
Next Hearing Date: 22-01-2024
Date: 22-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Essa Mohammed V/s Zohair Khakra
Adv. Ramesh Jain present for plaintiff.
Connected Com. Suit No. 100399 / 2020 is listed on 23.01.2024.
Present Suit is adjourned to 23.01.2024.
Defendant side called, but absent.
Case adjourned to 23.01.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-01-2024
Date: 23-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Essa Zarif V/s Musharaf Rajapkar
Adv. Ramesh Jain present for plaintiff.
He is seeking oral adjournment.
On oral request matter adjourned to 29.02.2024.
Case adjourned to 29.02.2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-02-2024
Date: 29-02-2024
Business: ESSA Mohd. Zarif V/s Zohair Khakra
All called, but absent.
Parties to takes steps.
Later on at 12.19 Hrs.
Adv. Madhuri Shirke present for plaintiff.
Defendant side called, but absent.
Plaintiff to take steps. Else, put for dismissal order.
Suit adjourned to 13.06.2024 for Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 13-06-2024
Date: 13-06-2024
Business: ESSA Mohd. Zarif V/s Zohair Khakra
All called, but absent.
Parties to take steps.
Put for dismissal.
Suit adjourned to 29.06.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 29-06-2024
Date: 29-06-2024
Business: Essa Mohammed Vs Zohair A. Khakra
All called, but absent.
Suit is kept back.
Later on at 16.58 Hrs.
Adv. Ramesh Jain present for plaintiff.
Exh.3 - Pursis filed by plaintiff for referring the Suit in Lok- Adalat.
Suit adjourned to 27.07.2024 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024
Date: 27-07-2024
Business: None present.
Matter stands Adj on 28/09/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-07-2024
Date: 29-07-2024
Business: Not on Board, Taken on todays board by Courts order.
The Suit was listed for dismissal order.
On oral request of plaintiff (Roznama dt.29.06.2024), the Suit was adjourned to be placed before Lok-adalat.
Accordingly, the Suit was listed before Lok-adalat on 27.07.2024.
Before the Lok-adalat (27.07.2024), Sheristedar has allotted the next date as 28.09.2024 which is Lok-adalat.
As the Suit was listed for dismissal order, hence Suit cannot be allotted next date which will be of Lok-adalat.
Therefore it is taken on todays board.
Suit is adjourned for dismissal order on 22.08.2024.
Office to issue notice to plaintiff.
Plaintiff to note the new date as 22.08.2024.
Suit adjourned to 22.08.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-08-2024
Date: 22-08-2024
Business: Essa Mohammed Zarif Vs Zohair A. Khakra
Plaintiff side called, but absent.
Defendant side called, but absent.
Perused roznama dt. 27.07.2024 and 29.07.2024.
Plaintiff to take steps.
Suit adjourned to 23.09.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 23-09-2024
Date: 23-09-2024
Business: Essa Mohammed Mohammed Zarif Vs Zohair A. Khakra
Plaintiff side called, but absent.
Defendant side called, but absent.
Plaintiff to take appropriate steps.
Else put for dismissal Order.
Suit adjourned to 15.10.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 15-10-2024
Date: 15-10-2024
Business: Essa Mohammed Vs Zohair A. Khakra
Presiding Officer is on leave.
All called, but absent.
Suit adjourned to 22.11.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-11-2024
Date: 22-11-2024
Business: Essa Mohammed Mohammed Zarif Vs Zohair A. Khakra
Plaintiff side called, but absent.
Plaintiff to take appropriate steps. Else put for dismissal Order.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 09.12.2024 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 09-12-2024
Date: 09-12-2024
Business: Essa Mohammed Mohammed Zarif Vs Zohair A. Khakra
Plaintiff side called, but absent.
Plaintiff to comply previous date roznama.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 04.02.2025 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: Plaintiff side called, but absent.
Defendant side called, but absent.
Hence keep for dismissal on next date.
Parties to e-file their respective pleadings, Interim Applications (Chamber Summons, Notice of Motions, Summons for Judgment, replies, joinder, rejoinders, etc.), Written arguments, documents in OCR compatibility.
Suit adjourned to 15.03.2025 for dismissal.
Judge
Next Purpose: DISMISSAL
Next Hearing Date: 15-03-2025
Date: 15-03-2025
Business: None present for plaintiff.
None present for defendant.
Since 29.02.2024 time and again matter was adjourned for under the caption dismissal. Twice i.e. on 09.12.2023 and 27.07.2024 on the request of plaintiff, matter was kept in Lok-adalat. No effective steps taken. Matter is of the year 2020 and five years old. It appears that, the plaintiff is not interested in prosecuting the present Suit. Hence, Suit stands dismissed for want of prosecution. Interim application, if any stands dismissed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-03-2025Additional Case Details
Additional Case Details
Filing Number: 103141/2020 Filing Date: 05-03-2020 First Hearing Date: 15th April 2020 Decision Date: 15th March 2025 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 115 Mar 2025
15 Mar 2025
Order Details: Order below exhibit Pdf Text: 15.03.2025 04 Court Room No.31 - Commercial Court, Mumbai Coram : Shri S. B. Bhansali, District and Additional Sessions Judge Comm Suit 428/2020 None present for plaintiff. None present for defendant. Since 29.02.2024 time and again matter was adjourned for under the caption dismissal. Twice i.e. on 09.12.2023 and 27.07.2024 on the request of plaintiff, matter was kept in Lok-adalat. No effective steps taken. Matter is of the year 2020 and five years old. It appears that, the plaintiff is not interested in prosecuting the present Suit. Hence, Suit stands dismissed for want of prosecution. Interim application, if any stands dismissed. Judge -- 1 of 1 --
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
