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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Rushabh Novelty - Through Mr. Damji Vijpar SavlaVsM/s. Pitara

CNR MHCC01004298202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 10th April 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100123/2021
Registration Date
08 Feb 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1M/s. Rushabh Novelty - Through Mr. Damji Vijpar Savla

    Respondent

    1. 1M/s. Pitara

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 37

    Case History / Proceedings

    Case History
    Date: 05-04-2021
Business: None present.
Matter adjd for report on 16.07.2021.
Next Purpose: REPORT
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 21.09.2021 for Report.
Next Purpose: REPORT
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Court is vacant.
Next Purpose: REPORT
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: None present.
Matter is adjd for  report on 25-04-2022
Next Purpose: REPORT
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: REPORT
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: None for Plaintiff.
None for Defendant.
Matter is pending at the stage of filing report/affidavit of service since long time.  If plaintiff fails to take proper steps, matter would be dismissed as per Rule 5 Order IX of CPC.
Matter adjourned to 15.10.2022 for steps/order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: PO IS ON LEAVE
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: None for plaintiff.
None for defendant.
It appears that though the matter is filed in the year 2020 till dated plaintiff could not serve writ of summons on the defendant, no proper steps are be taken hence, matter kept for dismissal in default.
Matter is adj to 04/03/2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-03-2023

Date: 04-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
As plaintiff is consistently absent since long time and as no affidavit of service is filed till date, matter is listed today for dismissal order.  However, in the interest of justice, I find it just and proper to issue notice to the plaintiff through RPAD on Court Motion.  If plaintiff fails to appear and proceed with the suit, suit would be dismissed in default.
Matter is adj to 10/04/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
None for plaintiff.
None for defendant.
This court by observing long standing absence of plaintiff, had issued notice to plaintiff on Court Motion vide order dated 04/03/2023.   The RPAD track report shows due delivery of the notice.  However plaintiff and his advocate are absent.  It appears that plaintiff is not interest to proceed with the suit, same is hereby dismissed in default.
Nature Of Disposal: DISMISSED
Disposal Date: 10-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104754/2020
Filing Date: 30-09-2020
First Hearing Date: 05th April 2021
Decision Date: 10th April 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Apr 2023
    Order Details: Other
Pdf Text: 41
10/04/2023
SUM 123/21
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
None for plaintiff.
None for defendant.
This court by observing long standing absence of plaintiff, had
issued notice to plaintiff on Court Motion vide order dated
04/03/2023. The RPAD track report shows due delivery of the
notice. However plaintiff and his advocate are absent. It appears
that plaintiff is not interest to proceed with the suit, same is hereby
dismissed in default.
Judge
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