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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Chowgule ConstructionVsWinex India

CNR MHCC01003816201881-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 19th October 2024

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100729/2019
Registration Date
23 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1M/s. Chowgule Construction

    Respondent

    1. 1Winex India

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-09-2019
Business: P.O. Is on leave. Adjd to 8/11/19
Next Purpose: REPORT
Next Hearing Date: 08-11-2019

Date: 08-11-2019
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 19.03.2020 for report.
Next Purpose: REPORT
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 16.07.2020 for Report
Next Purpose: REPORT
Next Hearing Date: 16-07-2020

Date: 16-07-2020
Business: Due to Covid-19 Lockdown
Next Purpose: REPORT
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Plaintiff absent.
Defendant  absent.
Adv. Sayli Bhaitkar for plff. present.
Adv. For the plff. Filed application for issuance of fresh writ of Summons.
Order - Issue fresh summons as prayed.
Matter is adjd to 16.03.2021 for Service.
Next Purpose: SERVICE
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Plaintiff absent.
Defendant and his advocate are absent.
Adv. Sayli Bhaidka for the plff. present.
Adv. For the plff. filed application for issuance of fresh writ of summons. t.o.r.
Order- issue fresh summons as prayed.
Matter is adjd to 15.06.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Due to Covid-19 pandemic Matter is adjd to 11/08/2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Both the parties and their advocate are absent.
Matter is adjd to 22.10.2021  for report.
Next Purpose: REPORT
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Court is Vacant
Next Purpose: REPORT
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: P.O is on leave hence, matter is adjourned.
Next Purpose: REPORT
Next Hearing Date: 25-01-2022

Date: 25-01-2022
Business: None present.
Matter is adjd for Report on 11.04.2022.
Next Purpose: REPORT
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: PO IS ON TRAINING.
Next Purpose: REPORT
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None for Plaintiff.
Since long time Defendants are not served with Writ of Summons.  Plaintiff to take proper steps.
Matter adjourned to 15/10/2022 for Taking Steps.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: PO IS ON LEAVE
Next Purpose: FRAMING ISSUES
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: It appears that matter is wrongly listed under the caption of “framing of issues”, instead of steps.
None for plaintiff.
None for defendant.
It appears that though the matter is filed in the year 2019, no service affidavit is filed, no steps are taken.
Plaintiff is not interested to proceed in the matter, however as the matter is listed under wrong caption, so as to afford one more opportunities, matter is adj to 03/03/2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv. for plaintiff present.
At the request of advocate for plaintiff matter is kept back.
Matter called out at 11.25am
Plaint.(Exh-1)
Vakalatnama. (Exh-2)
List of documents.(Exh-3)
Memorandum of address of plaintiff. (Exh-4)
Adv.Rupesh Lanjekar for plaintiff present.   He filed application (Exh-5) for issuance of fresh writ of summons.  On perusal of the roznama it appears that this court has re-issued summons on two occasion in last three years.  Thereafter, since 2021, plaintiff failed to appear and take proper steps.  Therefore, this court on last date i.e. 09/01/2023 observing long standing absence of plaintiff had granted last opportunity to take steps.  Considering delay already caused, application allowed subject to cost of Rs.2,00/-  (Rupees Two Hundred Only).  Cost to be deposited with DLSA, Mumbai within two weeks.  After compliance, office to issue fresh writ of summons.
Matter is adj to 09/06/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2023

Date: 09-06-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and his advocate absent.
Matter is adj to 11.09.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Presiding officer is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-12-2023

Date: 01-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and its advocate are absent. It is appearing that the defendant is not yet served with the writ of summons. It is not appearing that the plaintiff has not complied with the order dated 03.03.2023.
Matter is adj to 06.01.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rupesh Lanjekar for plaintiff is present and filed application for removal of caption of dismissal and extension of time to comply the order dated 03.03.2023. It is marked as Exh-6.
Order below Exh-6
Heard Ld. Counsel for the plaintiff. It is specific direction in the order dated 03.03.2023 to comply the direction in respect of costs of Rs.200/- within 2 weeks. It appears that the plaintiff has not complied  the said order. Even in application Exh-6 no specific reason has been given for non-complying the said order. Further Ld. counsel requested to extend the time to comply the said order. considering the amount is meager, it is not complied. Hence, his request cannot be accepted. Application (Exh-6) is rejected.
Matter is adj to 03.02.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Rupesh Lanjekar for plaintiff is present.
Keep back.
Later on at 12.14 pm
Adv. Rupesh Lanjekar for plaintiff is present and filed an application for extension of time to pay costs. It is marked as Exh-7. O-Heard. Considering the reason in the application, the plaintiff is allowed costs of Rs.200/- to be paid to DLSA today itself.
Counsel for the plaintiff filed an application for removal of caption of dismissal and issuance of fresh writ of summons to the defendant. Taken on record. It is marked as Exh-8. O-Allowed. Caption of dismissal is removed and issue fresh writ of summons to the defendant.
Matter is adj to 14.03.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-03-2024

Date: 14-03-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
Matter is adj to 03.05.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-05-2024

Date: 03-05-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff is given last chance to file affidavit of service.
Matter is adj to 19.07.2024 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-07-2024

Date: 19-07-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff was given last chance to file affidavit of service. The plaintiff failed to file affidavit of service. Hence, matter is kept for dismissal order.
Matter is adj to 21.09.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 21-09-2024

Date: 21-09-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
The plaintiff and his advocate are absent.
The plaintiff has not taken any steps. Hence, keep for dismissal order.
Matter is adj to 19.10.2024 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 19-10-2024

Date: 19-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Both parties and their advocate are absent.
Keep back.
Later on at 12.59 pm
Both parties and their advocate are absent.
Order below Exh-1
The plaintiff and his advocate are absent. On perusing roznma, it appears that the matter was pending for removal of office objections since 26.07.2018. Further, it appears that  the matter is pending for filing affidavit of service since 09.06.2023.  The plaintiff was given ample opportunity to take the steps to file affidavit of service. However, till today plaintiff failed to file affidavit of service. Thus, it appears that the plaintiff is not interested to conduct the case. The matter is old. Therefore, no purpose will served by keeping the matter pending. Hence, I proceed to pass following order-
Order
       Summary Suit No.729/2019 is hereby dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 19-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104209/2018
Filing Date: 20-03-2018
First Hearing Date: 16th September 2019
Decision Date: 19th October 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    2
    Final Order 1
    19 Oct 2024
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 81 ADDL. SESSIONS JUDGE
Case No. :SUMMARY CIVIL SUIT/0100729/2019
M/s. Chowgule Construction Vs Winex India
Date : 19-10-2024
Business : CORAM - H.H.J. SHRI. SANGRAM S. SHINDE -
(C.R.NO.81) Both parties and their advocate are
absent. Keep back. Later on at 12.59 pm Both parties
and their advocate are absent. Order below Exh-1 The
plaintiff and his advocate are absent. On perusing
roznma, it appears that the matter was pending for
removal of office objections since 26.07.2018. Further,
it appears that the matter is pending for filing affidavit
of service since 09.06.2023. The plaintiff was given
ample opportunity to take the steps to file affidavit of
service. However, till today plaintiff failed to file
affidavit of service. Thus, it appears that the plaintiff is
not interested to conduct the case. The matter is old.
Therefore, no purpose will served by keeping the
matter pending. Hence, I proceed to pass following
order- Order Summary Suit No.729/2019 is hereby
dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 19-10-2024
-- 1 of 1 --
    Order 1
    19 Oct 2024
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 81 ADDL. SESSIONS JUDGE
Case No. :SUMMARY CIVIL SUIT/0100729/2019
M/s. Chowgule Construction Vs Winex India
Date : 19-10-2024
Business : CORAM - H.H.J. SHRI. SANGRAM S. SHINDE -
(C.R.NO.81) Both parties and their advocate are
absent. Keep back. Later on at 12.59 pm Both parties
and their advocate are absent. Order below Exh-1 The
plaintiff and his advocate are absent. On perusing
roznma, it appears that the matter was pending for
removal of office objections since 26.07.2018. Further,
it appears that the matter is pending for filing affidavit
of service since 09.06.2023. The plaintiff was given
ample opportunity to take the steps to file affidavit of
service. However, till today plaintiff failed to file
affidavit of service. Thus, it appears that the plaintiff is
not interested to conduct the case. The matter is old.
Therefore, no purpose will served by keeping the
matter pending. Hence, I proceed to pass following
order- Order Summary Suit No.729/2019 is hereby
dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 19-10-2024
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