SUMMONS FOR JUDGT - SUMMON FOR JUDGMENT
Ms Vasa Aluminium Pvt LtdVsMs Metal Mart And Anr
CNR MHCC01003101201961-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
- 100105/2019
- Registration Date
- 18 Mar 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Protection 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: 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: 102719/2019 Filing Date: 18-03-2019 First Hearing Date: 04th April 2019 Decision Date: 22nd December 2022 Court Number And Judge: 61-COURT 61 ADDL SESSIONS JUDGE
Orders
1Final Order 122 Dec 2022
22 Dec 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE Case No. :SUMMONS FOR JUDGT/0100105/2019 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 -- 1 of 1 --
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