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SUIT - SHORT CAUSE CIVIL SUIT

Shri Ashwinkumar Arun SalveVsVijayshree CHS Ltd +1 more

CNR MHCC0100425420183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 17th October 2023

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
101558/2018
Registration Date
24 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Shri Ashwinkumar Arun Salve

    Respondent

    1. 1Vijayshree CHS Ltd
    2. 2M/s. Heritage Enterprise

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 17-07-2018
Business: Plff. present. His adv. absent.
Deft. and his adv. absent.
Issue writ of summons.
Matter is adjd. to 11.09.2018 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-09-2018

Date: 11-09-2018
Business: Adv. S. Chaterjee for plff. present.
Defts. and their adv. absent.
Adv. for plff. has tendered draft N/M alongwith supporting affd. t.o.r. He has also sought leave to register it.
Leave granted. N/M be registered.
Time is extended for filing service of Wr/sum till next date.
Matter is adjd. to 11.12.2018 for report of service of Wr/sum / N/M.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-12-2018

Date: 11-12-2018
Business: Adv. A.G. Pandit for plff. present.
deft. and his adv. absent.
Service affd. of plff. in respect of service on D/2 is tendered by adv. for plff. t.o.r
kb at 2.45
L.O. at 3.30 p.m
Same appearance
Matter is adjd. to. 24.01.2019 for report of service of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-01-2019

Date: 24-01-2019
Business: Adv. for plff. present and has application for service of writ of summons to the D/1 through bailiff. Allowed.
deft. and his adv. absent.
As court is busy in argument in suit No.2541/14 and  recording evidence in suit No.692/14 including suit No.8207/86 and hearing RTI Applications. Hence, board is discharged. Matter is adjd. to. 06.03.2019 for report of service of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv. A.G. Pandit for plff. present and has filed application for service of writ of summons through Registered Post. t.o.r. Allowed.
Matter is adjd. to. 25.04.2019 for report of service of writ of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Adv for plff present.
None for deft present.
On request of adv. for plff., matter is adjd. to. 29/07/2019  for Report of service.
Next Purpose: REPORT
Next Hearing Date: 29-07-2019

Date: 29-07-2019
Business: Court is vacant,hence board is discharge.
Next Purpose: REPORT
Next Hearing Date: 18-09-2019

Date: 18-09-2019
Business: As court is vacant, hence board is discharge.
Next Purpose: REPORT
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv. S. Chatterji for plff present.
None for deft no. 2.
Advocate for plff tendered affidavit of service alongwith unclaimed cover of RPAD containing writ of summons plaint and annextures. TOR.
It appears from the postal remark on the said cover that the Chairman despite intimation on 26.03.2019 refused the said cover. As such defendant no. 1 society is deemed to served writ of summons. None appeared on behalf of deft no. 1 today. Thus deft no. 1 is marked Ex-parte.
Advocate for plff tendered registered N/M No. 3546/18  alongwith affidavit in support. TOR.
Last chance is granted for N/M Reply by Deft no. 2 to 28.01.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Adv. K. G. Pandit for plaintiff present.
None for defendants.
Ld. adv. for plaintiff orally submits that he is withdrawing NM No. 3546/18 as the same has become infructuous due to demolition of the building. Therefore, said NM No. 3546/18 is disposed off as withdrawn. Deft. no. 2 has not appear after service of writ of summons. Therefore, suit to proceed ex parte against defendant no. 2
Adjd to 18-03-2020  for R/E (ex parte) .
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: (Matter received from CR No.04 as per order dt.14.03.2020)
None present for the parties.
Adjourned to 04.04.2020 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-07-2020

Date: 22-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Business: Due to Covid-19, both parties are absent, hence adjourned to 13.10.2020 for R.E. and NM hearing.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: Both sides absent.
Due to COVID-19, adjourned to 05.11.2020 for R.E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 07.12.2020 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present for plaintiff.
None present for defendant.
Both sides to remain present on next date positively.
Adjourned to 04.01.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 04-01-2021

Date: 04-01-2021
Business: None present for parties.
Adjourned to 26.02.2021 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: None present for plaintiff.
None present for defendant.
Since nobody appears for plaintiff, by way of last opportunity, matter adjourned to 05.04.2021 for Recording Evidence.
L.O.
Adv. Sarbari Chatterjee h/f Adv. A. G. Pandit for plaintiff present.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: None present for plaintiff.
None present for defendants.
Since nobody nappers for plaintiff, matter adjourned to 05.07.2021 for Recording Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 05-07-2021

Date: 05-07-2021
Business: None present for parties.
Due to COVID-19, adjourned to 23.07.2021 for R/E.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: None present for the parties.
Due to COVID-19, Adjourned to 09.08.2021 for recording evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: None present for plaintiff and defendant.
Matter stands adjourned to 09.09.2021 for RE.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter called out at 11.45 a.m.
None present.
Matter stands adjourned to 03.12.2021 for Recording Evidence.
                                                                                                     Judge
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Matter called out at 11.49 a.m.
Plaintiff in person present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 11.02.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: Matter called out at 11.53 a.m.
Plaintiff in person present. He is seeking time. Time granted.
None present for defendant.
Matter stands adjourned to 19.03.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Court is on leave, Hence board is discharged.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None present.
Matter stands adjourned to 06.08.2022 for Evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None present.
Matter stands adjourned to 13.10.2022 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: None present.
Issue notice of appearance to the plaintiff through bailiff/RPAD.
Matter stands adjourned to 04.01.2023 for appearance of plaintiff.
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Plaintiff in person present. His advocate absent. He is seeking time. Time is granted.
None present for defendant.
Matter stands adjourned on 04.03.2023 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: None present.
Bailiff report received. Exh-06.
As per the report notice served to the plaintiff but he remains absent.
Hence, put up for dismissal.
Matter stands adjourned on 07.06.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-06-2023

Date: 07-06-2023
Business: Both parties are absent.
Matter is pending for evidence of plaintiff since 04.04.2020,
still no evidence is adduced inspite of notice served to the
plaintiff vide Exh-6. Hence, matter is put up for order
of dismissal of suit.
Matter stands adjourned on 01.08.2023 for dismissal of suit.
Next Purpose: DISMISSAL
Next Hearing Date: 01-08-2023

Date: 01-08-2023
Business: None for Plaintiff present.
None for defendant present.
Matter stands adjourned on 17-10-2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Both parties absent.
Matter is pending for evidence of Plaintiff since 04.04.2020.  Plaintiff failed to adduce further evidence inspite of notice Exh. 6 being served on the Plaintiff. Suit is 5 years old. Hence suit is dismissed for want of prosecution. Suit No. 1558/2018 is disposed of.
Nature Of Disposal: OTHER
Disposal Date: 17-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104635/2018
Filing Date: 28-03-2018
First Hearing Date: 17th July 2018
Decision Date: 17th October 2023
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    17 Oct 2023
    Order Details: Other
Pdf Text: 17.10.2023
Sr. No. 7
SU 1558/2018
CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
Both parties absent.
Matter is pending for evidence of Plaintiff since 04.04.2020.
Plaintiff failed to adduce further evidence inspite of notice Exh. 6
being served on the Plaintiff. Suit is 5 years old. Hence suit is
dismissed for want of prosecution. Suit No. 1558/2018 is disposed
of.
Judge
-- 1 of 1 --
    Order 1
    17 Oct 2023
    Order Details: Other
Pdf Text: 17.10.2023
Sr. No. 7
SU 1558/2018
CORAM :- H.H.J. SMT. N. S. SHAIKH (CR. 03)
Both parties absent.
Matter is pending for evidence of Plaintiff since 04.04.2020.
Plaintiff failed to adduce further evidence inspite of notice Exh. 6
being served on the Plaintiff. Suit is 5 years old. Hence suit is
dismissed for want of prosecution. Suit No. 1558/2018 is disposed
of.
Judge
-- 1 of 1 --

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