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NOTICE OF MOTION

Ms Vasa Aluminium Pvt LtdVsMs Metal Mart And Anr

CNR MHCC01002864201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 22nd December 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101110/2019
Registration Date
14 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ms Vasa Aluminium Pvt Ltd

    Respondent

    1. 1Ms Metal Mart And Anr

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-04-2019
Business: Adv for plaintiff Mr.Jagtap present
Adv for deft Mrs.Thapa present
Adv for plaintiff tendered registered N/M 1110/19 and S/J 105/19
Matter is Adjd for N/M 1110/19 Hearing to 15/07/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: P.O. is on leave, Board is discharged
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Representative of Plaintiff is present, his advocate absent. He requested for short adjournment. O- granted as a last chance.
None for defendant present.
Matter adjd for NM hearing to 13.09.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Business: P.O. is on half day leave. Hence board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: None for plaintiff present.
Representative of defendant present.
Matter adj for NM hearing to 10.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Plaintiff absent
Defendant absent.
Adv. Ashwini Kumar Patil for defendant present
Adv. For defendant absent.
He filed reply on Notice of Motion No. 1110/19
Matter 11.02.2020 for Hearing on NM
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv for plaintiff absent.
Defendant present.
Adv Pushpa Thapa for defendant present.
Matter adjourned for NM hearing to 31.03.2020 at 2.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Business: Due to Covid -19 Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lock down
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: Due to Covid-19
Matter is adjd to 07/12/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 08.01.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Court is on Leave.
Matter is adjd to 24.02.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: P.O. is on leave.
Matter is adjd to 06.04.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 30.06.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Due to Covid-19 pandemic.
Both the parties and their advocates are absent.
Matter is adjd to 21.08.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Both the parties and their advocates are absent.
L.O. at 03.50 p.m.
Plaintiff and his advocate are absent.
Defendant absent.
Adv. Pushpa Thapa for the deft present.
Matter is adjd to  14.10.2021 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: None present.
Matter is adjd to15.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present.
Matter is adjd for NM hearing to 05.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2022

Date: 05-02-2022
Business: Plaintiff Mr. Paras Vasa present.
Court is busy in order dictating in Summary Suit Nos. 535 of 2017, 24 of 2021 and 53 of 2021. Hence board is discharged.
Matter is adjd for NM hearing on 19-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: P.O. is on Trining
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2022

Date: 16-07-2022
Business: Plaintiff present.  His advocate absent.
None for Defendant.
On perusal of NM is transpires that the Plaintiff has not mentioned about how much delay is caused.  Plaintiff to specify the delay in NM.
Matter adjourned to 23/08/2022 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: None for Plaintiff.
Defendant and his Advocate present.
The notice of motion no.1110/2019 is taken out by the plaintiff for seeking condonation of delay to take out summons for judgment.
Defendant seeks time to file reply to NM.  Time granted as prayed for.
Matter adjourned to 02.11.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Later on at 5.01pm
Adv. for plaintiff present.
Matter is adj to 28/11/2022 for hearing on SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 28-11-2022

Date: 28-11-2022
Business: None for plaintiff.
Adv.Savina Bangera for defendant present.  She submits that SJ filed by plaintiff is already dismissed on 07/03/2013.  Thereafter, plaintiff has again taken out SJ No.105/2019 along with N/M No.1110/19 seeking condonation of delay and permission to take out fresh SJ. She submits that plaintiff is not vigilant to proceed with the matter and therefore suit and the application therein are pending since long time.  She prays to dismissed the pending applications and suit in default.
On perusal of record it appears that the SJ No.60/2013 was filed on 12/02/2013.  Further the record reveals that the said SJ was dismissed on 07/03/2013.  Although there is no order dated 07/03/2013 in roznama however, CIS reveals the dismissal of SJ No.60/2013 on 07/03/2013.  Thereafter plaintiff did nothing till 2019.   This court on 13/02/2018 had kept the matter for dismissal.  Therefore plaintiff appears to have again filed SJ along with N/M No.1110/2019.  Even thereafter plaintiff is consistently absent.  Even after Covid-19 pandemic period plaintiff did not appear.  On last date, as per the contention of advocate for defendant, instead of her presence, presence of advocate for plaintiff is shown in the roznama dated 02/11/2022.  She submits that infact plaintiff and his advocate were absent.
In view of the aforesaid, in the interest of justice, as a last chance matter is adj to 22/12/2022 for hearing on SJ and N/M.
It is made clear that, if plaintiff fails to appear on next date not only the SJ and N/M but the suit itself would be dismissed in default.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 22-12-2022

Date: 22-12-2022
Business: None for plaintiff.
Defendant Mr Mukesh Shah present.
By detail order dated 28.11.2022, last chance was granted to plaintiff to workout S.J. as well as NM, which are pending since considerable time. Despite said order, neither plaintiff not its advocate are present. I have no reason to adjourned the matter. For the reasons detailed in order dated 28.11.2022, NM No.1110/2019 as well as S.J. No.105/2019 hereby stands dismissed in default.
In view of dismissal of S.J. and NM, Suit would not survive. Hence same is also dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 22-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102718/2019
Filing Date: 14-03-2019
First Hearing Date: 04th April 2019
Decision Date: 22nd December 2022
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Dec 2022
    Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101110/2019
Ms Vasa Aluminium Pvt Ltd Vs Ms Metal Mart And Anr
Date : 22122022
Business : None for plaintiff. Defendant Mr Mukesh Shah
present. By detail order dated 28.11.2022, last
chance was granted to plaintiff to workout S.J. as
well as NM, which are pending since considerable
time. Despite said order, neither plaintiff not its
advocate are present. I have no reason to
adjourned the matter. For the reasons detailed in
order dated 28.11.2022, NM No.1110/2019 as
well as S.J. No.105/2019 hereby stands dismissed
in default. In view of dismissal of S.J. and NM,
Suit would not survive. Hence same is also
dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 22122022
COURT 61 ASST SESSIONS JUDGE
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