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SUMMARY CIVIL SUIT - SUMMARY SUIT

Kishore Nathmalji JainVsSaptagiri Textiles +1 more

CNR MHCC01004723202081-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 14th December 2024

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
100008/2021
Registration Date
05 Jan 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Kishore Nathmalji Jain

    Respondent

    1. 1Saptagiri Textiles
    2. 2Subba Rao

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 02-03-2021
Business: None present.
Matter is adjd for report on  20.03.2021.
Next Purpose: REPORT
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Adjd to
Next Purpose: REPORT
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 26.06.2021.
Next Purpose: REPORT
Next Hearing Date: 26-06-2021

Date: 26-06-2021
Business: In view of Office Order No.117/2021 dated 24.06.2021, as holiday declared on 26.06.2021, the board is discharged and the matter is adjd to
Next Purpose: REPORT
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is vacant
Next Purpose: REPORT
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Court is Vacant.
Next Purpose: REPORT
Next Hearing Date: 15-01-2022

Date: 15-01-2022
Business: None present.
Matter is adjd for Report to 01.02.2022.
Next Purpose: REPORT
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: Plaint Exh.1
Vakalatnama Exh.2
Memorandum of plaintiff\''s registered address Exh. 3
List of document Exh.4
Adv Ramesh Jain for plaintiff  present and filed affidavit of service. TOR. Exh.5
Matter is adjd for report  on 15-02-2022
Next Purpose: REPORT
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv Ramesh Jain for plaintiff present.
None for defendant.
Matter is adjd for report  on 04-04-2022
Next Purpose: REPORT
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: P.O. is on Training
Next Purpose: REPORT
Next Hearing Date: 13-06-2022

Date: 13-06-2022
Business: None for Plaintiff.
Affidavit of Service Exhibit-5 filed by the Plaintiff reveals that Defendant No. 1 is duly served.  However, Defendant No. 2 is not.  Plaintiff to take proper steps to serve the Defendant.
Matter adjourned to 06/08/2022 for Taking Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Ramesh Jain for Plaintiff present.
None for Defendant.
Plaintiff to take steps..
Kept back..
L.O. at 04.00 P.M.
Advocate for plaintiff filed application for issuing fresh summons. (Exh.06)
O-Issue summons as prayed.
Matter adjourned to 22.09.2022 for report.
Next Purpose: REPORT
Next Hearing Date: 22-09-2022

Date: 22-09-2022
Business: None for plaintiff.
Service affidavit not filed.
Matter is adjd. to 23.12.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: None for plaintiff.
No affidavit of service is filed.
Matter is adj to 10/03/2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Ramesh Jain for plaintiff present.  He filed affidavit of service (Exh-7).
It appears that defendant has refused service of writ of summons sent through registered post.
Ld.Adv. seeks time to satisfy this court about refusal amounting to good service.  Time granted.
Matter is adj to 17/03/2023 for ex-parte order.
Next Purpose: ORDER
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: PO IS ON LEAVE (FIRST SESSION).
Next Purpose: ORDER
Next Hearing Date: 01-04-2023

Date: 01-04-2023
Business: None for plaintiff.
None for defendant.
The affidavit of service filed on record reveals refusal on the part of deft.No.2.  In view of Sub Rule (5) of Rule 9 of Order V of CPC, the service is deemed to be a good service.
Deft No.1  is already served and affidavit service to that effect is already filed at Exh.5.
As defts  failed to appear, suit to proceed ex-parte.
Matter is adj to 06.07.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-07-2023

Date: 06-07-2023
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Adv. Ramesh Jain for plaintiff is present and prayed for adjournment. Adjournment is granted.
Matter is adj to 23.10.2023 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 23-10-2023

Date: 23-10-2023
Business: P. O. is on Leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-12-2023

Date: 20-12-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and his advocate are absent.
Matter is adjourned to 26/02/2024 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: Court is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-04-2024

Date: 10-04-2024
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 ex-parte evidence.
Matter is adj to 25.06.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and requested for adjournment for filing ex-parte evidence. Adjournment is granted.
Matter is adj to 26.08.2024 for filing original documents and ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 26-08-2024

Date: 26-08-2024
Business: COURT IS ON LEAVE
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 24-10-2024

Date: 24-10-2024
Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for applicant is present and filed pursis to refer matter to lokadalat. Taken on record. It is marked as Exh-8. Hence, matter is referred to lokadlat.
Matter is adj to 14.12.2024 for lokadalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 14-12-2024

Date: 14-12-2024
Business: Matter pertaining to C.R. No.81
Plaintiff is present.
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is present and filed pursis for withdrawal of suit along with copy of aadhar card. Taken on record. It is marked as Exh-9.
Order below Exh-1
The counsel for plaintiff has filed pursis below Exh-9 for withdrawal of summary suit. Representative of plaintiff and his advocate are present. Representative of plaintiff submitted that defendant has settled the matter.  Therefore, plaintiff does not want to proceed with the matter.
In view of the submissions of representative of plaintiff and his advocate as well as contents in the pursis for withdrawal of the suit at Exh-9, the suit No. 8 of 2021 is hereby stands disposed of, as withdrawn unconditionally.
The plaintiff may be entitled to refund of court fees, if provided for in the rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 14-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 104747/2020
Filing Date: 30-09-2020
First Hearing Date: 02nd March 2021
Decision Date: 14th December 2024
Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Dec 2024
    Order Details: Other
Pdf Text: 14/12/2024 NATIONAL LOK-ADALAT HELD ON 14/12/2024 (Panel-XIV)
Sr. No.- 18
SUM
8/21
Exh-9
Matter pertaining to C.R. No.81
Plaintiff is present.
Adv. Madhuri Shirke h/f Adv. Ramesh Jain for plaintiff is
present and filed pursis for withdrawal of suit along with
copy of aadhar card. Taken on record. It is marked as Exh-9.
Order below Exh-1
The counsel for plaintiff has filed pursis below Exh-9
for withdrawal of summary suit. Representative of
plaintiff and his advocate are present. Representative
of plaintiff submitted that defendant has settled the
matter. Therefore, plaintiff does not want to proceed
with the matter.
In view of the submissions of representative of
plaintiff and his advocate as well as contents in the
pursis for withdrawal of the suit at Exh-9, the suit No.
8 of 2021 is hereby stands disposed of, as withdrawn
unconditionally.
The plaintiff may be entitled to refund of court fees, if
provided for in the rules.
Adv. S. G. Yadav H.H.J. S. S. SHINDE
Panel Member Panel Head
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