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SUMMARY CIVIL SUIT - SUMMARY SUIT

BANK OF BARODAVsDroupadi Kavalsingh Bauat +1 more

CNR MHCC01003087201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 30th September 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100478/2019
Registration Date
09 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

    Case History / Proceedings

    Case History
    Date: 01-07-2019
    Business: Adv for plaintiff Mr.Pooja Mali present
    She requested for issuance of fresh writ of summons.
    O-Issue fresh writ of summons as prayed.
    Matter is Adjd for Affidavit of Service to 25/09/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Mali for plaintiff present.
    Exh.1- Plaint
    Exh.2- V/p
    Exh.3- Memorandum of address.
    Exh.4- List of documents
    Exh. 5- Affidavit of service.
    Exh. 6- Writ of summons.
    Adjd. to 18.11.2019 for exparte order.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Pooja Mali for plaintiff present.
    Defendant absent.
    Matter is adjd to 29.11.2019 for Necessary Order
    Next Purpose: ORDER
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: As court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Both the parties and advocate are absent.
    Matter is adjd to 15.04.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Business: Due to Covid-19 pandemic none appeared.
    Matter is adjd to 18/12/2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-12-2020
    
    Date: 18-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 18.03.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Both the parties and their advocate are absent.
    L.O. At. 11.41 a.m.
    Adv. Pooja Mali I/b Adv. Purnima Pandit for the plff. present.
    Matter is adjd to 16.06.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-06-2021
    
    Date: 16-06-2021
    Business: Due to Covid-19 Pandemic Lockdown.
    Both the parties and their advocates are absent.
    Matter is adjd to 21.08.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 18.10.2021 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: As per circular declared as Holiday
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Both parties and advocates are absent.
    Matter is adjd to 18.01.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 18-01-2022
    
    Date: 18-01-2022
    Business: None present.
    Matter is adjd for taking steps to 04.03.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: P O is on training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: Adv. Ms. Nilima Alande for Plaintiff present and submits that she needs to take steps to serve the Defendants and for that prays for some time.
    As per her request matter adjourned to 15/07/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: As court is busy in R/E in SU No. 6747/05, SC 1172/19, SC 1996/19 and Final Arguments in SC No. 1902/2019.  Hence, board is discharged.
    Matter adjourned to 21/09/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-09-2022
    
    Date: 21-09-2022
    Business: None for plaintiff.
    No service affidavit filed.  No proper steps are taken.  Plaintiff to take steps at earliest to serve the defendants.
    Matter adjd. to 09.12.2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As Court is busy in recording evidence in Suit No.3359/2008 and argument in Suit No.9421/93, hence remaining first session board is discharged. Matter is adj to 15/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-02-2023
    
    Date: 15-02-2023
    Business: None for plaintiff.
    Neither affidavit of service is filed nor steps are taken by plaintiff no serve summons on defendants.
    Matter is adj as a last chance to 27/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    None for defendant.
    Matter is adj to 04/08/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-08-2023
    
    Date: 04-08-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
    Plaintiff and his counsel absent.
    Plaintiff failed to take steps, adjourned for dismissal order.
    Matter is adj to 02/09/2023  for Dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 30.09.2023 dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-09-2023
    
    Date: 30-09-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and its advocate are absent.
    Order below Exh-1
    This is the Summary suit filed in the year 2019. There are two defendants. Till date no defendant is served with the writ of summons. Many times matter was adjourned for taking the steps. But, the plaintiff failed to take steps. The plaintiff and its counsel are absent today and they were absent on previous dates. Inaction of the plaintiff and continuous absence suggests that the plaintiff is not interested in proceeding with the suit. Hence, the suit is hereby dismissed under Order-9, Rule-2 of the CPC.
    Nature Of Disposal: DISMISSED
    Disposal Date: 30-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103300/2019
    Filing Date: 16-03-2019
    First Hearing Date: 01st July 2019
    Decision Date: 30th September 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Sept 2023
    Order Details: Other
    Pdf Text: 08
    30/09/2023
    SUM
    478/19
    CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and its advocate are absent.
    Order below Exh-1
    This is the Summary suit filed in the year 2019. There are
    two defendants. Till date no defendant is served with the
    writ of summons. Many times matter was adjourned for
    taking the steps. But, the plaintiff failed to take steps. The
    plaintiff and its counsel are absent today and they were
    absent on previous dates. Inaction of the plaintiff and
    continuous absence suggests that the plaintiff is not
    interested in proceeding with the suit. Hence, the suit is
    hereby dismissed under Order-9, Rule-2 of the CPC.
    Judge
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