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Commercial Suit

Dr. Sir. George P. JosephVsMr. Jagdish Jairam Parab

CNR MHCC01004645201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th April 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
100475/2021
Registration Date
24 Jul 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 14-08-2019
Business: Matter called out (11.16am)
Plaintiff and his advocate absent.
Defendant in person present with the copy of suit summons.
Matter adj for written statement on 16/09/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-09-2019

Date: 16-09-2019
Business: Matter called out(11.45am)
Plaintiff and his advocate absent.
Exh-1 Plaint
Exh-2 Vakalatnama                                                                           Exh-3 Memorandum of register address.                                                     Exh-4 List of documents.                                                                         Exh-5 Adv.Sanjay Kolge for defendant present filed vakalatnama. Time granted to file written statement.                                                   Matter adj for written statement on 16/10/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: Matter called out(12.16pm)
Adv.R.A.Dubey for plaintiff present.
Exh-6 Adv.Sanjay Kolge for defendant no.25 to 28 present filed written statement. T.O.R
Copy serve to the other side.
Matter is adj to 08/01/20 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Matter is called out at 11.48am
Plaintiff and his advocate absent.
Defendant absent.
Adv.Sanjay Kolge for defendant present.
Matter is adj to 29/04/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-05-2020

Date: 20-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-06-2020

Date: 08-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2020

Date: 13-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 21.04.2021  for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 18.08.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 11.45 a.m.
Defendant Jagdish Parab present.
L.O. at 1.20 p.m.
Adv. Prashant Malik h/f Adv. Sanjay Kolge for defendant present.
     The defendant is disputing the jurisdiction of commercial Court to deal with this suit. He submits that he will file notice of motion for the same.
Matter adjd to 11.11.2021 for filing Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None present for plaintiff.
Defendant Jagdish Parab present.
KB
LO at 12.56 pm,
Defendant Jagdish Parab present.
Adv.Draviya Pravin Koymavalappil h/f.Adv.Prashant Malik appeared for the defendant. Adv.Draviya Pravin Koymavalappil submits that the defendant is willing to file vakalatnama Adv.Prashant Malik. Hence, adjd for filing new vakalatnama and notice of motion in respect of jurisdiction on 14.12.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 10.02.2022 for filing new Vakalatnama and  notice of motion in respect of jurisdiction by the defendant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-02-2022

Date: 10-02-2022
Business: None present for plaintiff.
Adv. Mr. Prashant Malik for the defendant is present.
In view of SOP dated 6.1.2022, matter adjd to 15.03.2022 for filing NM in respect of jurisdiction.
Adv. Prashant Malik filed VP  for defendant  t.o.r marked as exh.7.
Defendant present.
Matter already adjd 15.03.2022 for filing NM in respect of jurisdiction.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 01.20 p.m.
Defendant and his Adv. Mr. Prashant Malik present.
Matter adjd to 19.04.2022 for filing NM in respect of jurisdiction.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None present for plaintiff.
Defendant present.
        The defendant has not filed any notice of motion in respect of jurisdiction, case to proceed further.
Matter adjd to 14.06.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: None present for both parties.
K.B.L.O. at 12.55 p.m.
None presnet for plff.
Deft present with his Adv Prashant Malik and seeks time for filing draft issues.
Matter adjd to 13.07.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for plff.
Deft present with his Adv Prashant V Malik.
Adv for deft seeks time to file draft issues.
Matter is ajd. for draft issues to 10.08.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None present.
KB. LO 12.20.
Deft in person present.
Adj. For Draft issues on 03/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order No.178/2021 dt. 25/08/2022 of Honble Principle Judge and Letter no. X(Gen)-0202/2022/1622 dt. 25.08.2022 of Honble High Court, Bombay, today declared holiday on account of Ganesh Festival.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: None present.
Deft in person present.
Ex.08. Deft in person filed draft issues.
Adj. For Draft issues by plff on 18/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: None Present for Plff.
Adv. Kumar Gaurav Soukee h/f Adv. Prashant Malik Present for Deft.
Plff has not filed draft issues.
Adj. For Framing issues and CMS hearing on 21/11/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: None Present for Plff.
Deft in person present.
Case is draft issues since long. Plff has not filed draft issues.
Ex.09- Issues framed.
Adj. For CMS hearing and List of witness on 12/12/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 12-12-2022

Date: 12-12-2022
Business: Court on Leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: None Present for Plff.
Adv. Kumar Gaurav h/f Adv. Prashant Malik Present for Deft.
Deft in person present.
Heard adv of deft on case management schedule. Fixed CMS  as under.
Case Management Hearing/ Schedule.
On or before
Business.
07/01/2023 to 18/02/2023.
Evidence of witnesses of plff. ( Chief and Cross examination)
18/02/2023 to 31/03/2023.
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days after 31/03/2023.
Arguments
Adj. For Evidence of Plff on 01/02/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: None Present for Plff.
Adv. Kumar Gaurav Sonker h/f Adv. Prashant Malik Present for Deft.
KB 1.00 pm.
LO at 1.00 p.m.
Adv. Kumar Gaurav Sonker h/f Adv. Prashant Malik Present for Deft.
None present for plaintiff.
Today case is for evidence of plaintiff but he remained absent. Hence, case adjourned for order against plaintiff to 23.02.2023.
Next Purpose: ORDER
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: None Present for Plff.
Adv. Kumar Gavrav h/f Adv. Prashant Malik Present for Deft.
Deft present.
KB LO 11.50 am.
None Present for Plff.
Adv. Kumar Gavrav h/f Adv. Prashant Malik Present for Deft.
Deft present.
Case is for evidence of plff from 01/02/2023. As per CMS schedule plff has to conclude his evidence on or before 18/02/2023 but plff and his advocate remained absent since long.
Hence adj. For dismissal of suit on 17/03/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: None for plff.present.
Defendant and his advocate present.
L.O.on 12.30 pm.
Message received from the department of this court that today advocates are on strikes.
Case adjourned for dismissal order on 15.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023

Date: 15-04-2023
Business: None Present.
KB 4.00
Case is for dismissal order because plaintiff is absent since long and has not adduced evidence. However today also plaintiff remained absent. Hence suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 15-04-2023

Additional Case Details

Additional Case Details
Filing Number: 105110/2019
Filing Date: 24-04-2019
First Hearing Date: 14th August 2019
Decision Date: 15th April 2023
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
15 Apr 2023
Order Details: Other
Pdf Text: 15.04.2023
05
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
475/21
None Present.
KB 4.00
Case is for dismissal order because plaintiff is absent since long and
has not adduced evidence. However today also plaintiff remained
absent. Hence suit stands dismissed for want of prosecution.
Judge
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