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CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 14th December 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100515/2021
Registration Date
05 Jan 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37 · Rule 7

    Case History / Proceedings

    Case History
    Date: 02-03-2021
    Business: Adv. Apurva Kulkarni for plaintiff present.
    None for defendant.
    He seeks time to file service affidavit. Time granted till next date.
    Matter adjd for affidavit of service to 06-05-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: By Praecipe
    Adv Jyoti Sanap for plaintiff present.
    Ex.02   Ld adv for plaintiff filed praecipe t.o.r. O- Allowed to take case on todays board from 06-05-2021.
    Ld Adv for plaintiff filed draft chamber summons along with affidavit t.o.r. O- Heard Ld Adv for plaintiff. Leave granted to register CS.
    Ld adv for plaintiff tendered original registered CS no. 664 of 2021 along with affidavit t.o.r.
    Heard ld adv for plaintiff.
    F.R.S.R. following order is passed-
    ORDER
    Chamber Summons no. 664 of 2021 in Summary Suit no. 01 of 2021 is allowed as under-
    1.   Plaintiff is permitted to amend the plaint as per schedule filed with the CS.
    2.   Plaintiff is permitted to carry out amendment in the plaint till next date.
    3.   Plaintiff is directed to serve amended copy of plaint with writ of summons to the defendant after carrying out amendment to the plaint as directed above.
    4.   Issue fresh writ of summons to the defendant.
    5.   Plaintiff is directed to file on record amended copy of the plaint for Court record.
    5.   Order dictated and pronounced in open Court.
    Matter adjd for compliance to 06-05-2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Business: The Hon''ble Principal Judge of City Civil and Sessions Court, Gr. Bombay as per Office Order No. 81/2021 dtd. 17.04.2021 in pursuance of the directions of the Hon''ble Bombay High Court being issued after taking into account the exponential surge in Covid 19 cases and the views of the Stateholders, vide circular dtd. 16.04.2021 with the Letter No. Insp/I/33/2021 dtd. 16.04.2021, there by restricted the functioning of the Courts and put in place the arrangements for the City Civil and Sessions Court Gr. Bombay at main and Dindoshi Branch and offices at MTNL Building Mumbai with effect from 19.04.2021. As per Clause No.1 of the said Office Order No.81/2021 all Courts shall continue to function in one shift and take up remand, bail and urgent criminal and civil matters, with judicial working hours of two and half hours that is from 11.00 am. to 1.30 pm. with presence of 50 percent of the staff every day, by rotation.  As per Clause No. 2 of the said Office Order the judicial officers may pronounce Judgment/s or pass Order/s in the matters, wherein the arguments of both the parties are concluded.  As per Clause No. 4  of the said Office Order the judicial officers may not passed any adverse order owing to the absence of the advocates, parties, witnesses of accused persons.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Nikhil Rajani for plaintiff present.
    None for deft.
    Exh.3 - Adv. For plaintiff filed application for extension of time for carrying out amendment.
    O. - Time granted till next date.
    The matter is adjd for compliance to 27.08.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Adv. Apoorva Kulkarni for plaintiff present.
    Exh.4 - Adv. For plaintiff filed application for extension of time for carrying out amendment.
    O. - Time granted till next date.
    The matter is adjd for compliance to 28.09.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv. Nikhil Rajani for plaintiff present.
    Adv. For plaintiff tendered amended copy of plaint.T.O.R.
       As per order dated 24.03.2021, plaintiff is directed to serve amended copy of plaint with writ of summons to the defendant. Suit is filed as per Order 37 of C.P.C. Therefore, writ of summons to defendant be issued as per Order 37 Rule 2 of C.P.C. (Form no.5 of Bombay City Civil Court Manual).
    The matter is adjd for affidavit of service to 11.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: Adv. Jyoti Sanap for plaintiff present.
    Exh.5 - Adv. For plaintiff filed affidavit of service.  T.O.R.
    Service is not proper.
    Exh.6 - Adv. For plaintiff filed application for re-issuance of summons on alternate address and for substituted service.
    O. - As per service affidavit (Exh.5), summons to deft. cannot be served on the address known to the plaintiff.  Considering the service affidavit filed on record, there is reason to believe that defendant is keeping out of the way for the purpose of avoiding service.  Therefore, summons to deft. be served by publishing writ of summons in daily newspaper circulating in the locality in which defendant is last known to have actually and voluntarily resided, carried on business or personally worked for gain and by affixing the copy of suit summons on the conspicuous place in the Court house. Plaintiff also prayed for           re-issuance of fresh writ of summons on the alternate address of deft.  Fresh writ of summons be issued on the address mentioned in the application by R.P.A.D.
    The matter is adjd for affidavit of service to 14.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. Jyoti Sanap i/b. V. Deshpande and Co. for plaintiff present.
    Exh.7 - Adv. For plaintiff filed application for withdrawal of suit.
    Contents in the application (Exh.7) are verified, read and recorded.
    Plaintiff wants to withdraw the suit unconditionally as it has settled the matter with defendant. Therefore, plaintiff is permitted to withdraw the suit.  No order as to costs.  Court fees be refunded as per Rules.  Proceedings be closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 14-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105020/2020
    Filing Date: 15-10-2020
    First Hearing Date: 02nd March 2021
    Decision Date: 14th December 2021
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Dec 2021
    Order Details: Other
    Pdf Text: 14/12/2021
    Commercial
    Suit –
    515/21
    Exh.7
    CORAM : H.H.J. SHRI S.U. HAKE, JUDGE, CITY CIVIL
    COURT (C. R. NO. 14)
    Adv. Jyoti Sanap i/b. V. Deshpande and Co. for plaintiff
    present.
    Exh.7 Adv. For plaintiff filed application for withdrawal
    of suit.
    Contents in the application (Exh.7) are verified, read and
    recorded.
    Plaintiff wants to withdraw the suit unconditionally as it
    has settled the matter with defendant. Therefore, plaintiff
    is permitted to withdraw the suit. No order as to costs.
    Court fees be refunded as per Rules. Proceedings be
    closed.
    Judge
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