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Commercial Suit

Muhammad Sadiq Mohd. Jaffer MerchantVsMohd. Hanif Ismail Shaikh

CNR MHCC01005502201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 06th July 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101024/2021
Registration Date
17 Oct 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 37 · Rule 2

Case History / Proceedings

Case History
Date: 14-11-2019
Business: Fresh matter assigned to this Court.
Adv. Ashish Bhandari for plaintiff present.
On the request of Ld. Counsel for plaintiff time is extended for service writ of summons on defendant.
Matter adjd for service affidavit on 06/02/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: H.H.J. is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2020

Date: 23-09-2020
Business: In view of heavy rainfall and disturbed travel services, upon directions of the Honourable High Court, Bombay the Hon''ble I/c. Principal Judge has been pleased to declare Holiday today i.e. 23-09-2020. Hence matter adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: None present.
Today matter is for service affidavit.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for service affidavit to 22-04-2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Business: Court is vacant
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.22 pm
None present.
KB
LO at 03.18 pm
None appear. The plaintiff failed to file service affidavit. Hence, keep for order against plaintiff on 01.10.2021.
Next Purpose: ORDER
Next Hearing Date: 01-10-2021

Date: 01-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 02.56 pm
ORDER
       Plaintiff inspite of keeping the matter for order in default of filing of service affidavit, remained absent. Hence, adjourned for passing order of dismissal of suit on 25.10.2021.
Next Purpose: ORDER
Next Hearing Date: 25-10-2021

Date: 25-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 2.46 p.m.
None present.
After reading the plaint it appears that there are chances of settlement between the parties. Hence, case is referred to Lok-adalat issue notices to the parties of Lok-adalat.
Matter adjd to 11.12.2021 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 11-12-2021

Date: 11-12-2021
Business: Matter pertains to C.R. No.32
None present.
Matter adjd to 13/01/2022.
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 11.02.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 14.03.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv. Mr. Shardul Shruangarpure present for plaintiff.
None present for defendant.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
KB.
L.O. at 11.54 a.m.
The plaintiff filed application for issuance of fresh summons. t.o.r. and marked as exh.5. O- Allowed, issue fresh suit summons on the defendant on the new address stated in the application.
Matter adjd to 22.04.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-04-2022

Date: 22-04-2022
Business: Adv.Ashish Bhandari for plaintiff present.
None present for defendant.
KB
LO at 12.05 pm,
Adv.Ashish Bhandari for plaintiff present.
Adv. of plaintiff filed application for extension of time for service of suit summons t.o.r. and marked as Exh.6.
O-Time is extended for service of suit summons.
Matter adjd to 22.06.2022 for service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Court is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for both parties.
K.B. L.O. at 4.10 p.m.
None present for both parties.
Matter adjd to 06/08/2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-08-2022

Date: 06-08-2022
Business: Adv. Ashsih Bhandari Present for Plff.
None Present for Deft.
Awaiting service report.
Adj. For Service affidavit on 23/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-08-2022

Date: 23-08-2022
Business: Adv. Ashsih Bhandari Present for Plff.
None Present for Deft.
Ex.07 - adv of plff filed application for extension of time to serve writ of summons. Granted.
Adj. For Service affidavit on 19/09/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: Adv. Ashish Bhandari Present for Plff.
None Present for Deft.
Ex.08. - Adv of plff has filed application for extension of time to serve writ of summons. - Granted.
Adj. For Service affidavit on 02/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: None Present for Plff.
Adj. For Service affidavit on 30/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-11-2022

Date: 30-11-2022
Business: None present for both the parties.
Case adjourned for service affidavit to 23.12.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None present.
Case is service affidavit since long. Plff has not taken any steps.
Hence case fixed for Dismissal order on 18/02/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Adv. Ashish Bhandari Present for Plff.
None Present for Deft.
Exh.09- Adv of plff has filed bailiff report. Suit summons returned unserved on the ground that deft is not residing on the said address.
Adj. For Steps on 16/03/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-03-2023

Date: 16-03-2023
Business: PoA of Plaintiff present and seeks time to take steps.
None present for defendant.
Matter is adjourned for taking steps to 13.04.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-04-2023

Date: 13-04-2023
Business: Adv. Ashsih Bhandari Present for Plff.
None Present for Deft.
Adv of plff seeks time for taking steps. Granted as last chance.
Adj. For Steps on 08/06/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: Court is on leave. Hence, adjd.to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: HHJ is on leave today. Hence adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: None present.
As Court is busy in passing orders in another matters for want of time matter is adjourned.
Matter is adj for steps to 19.08.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-08-2023

Date: 19-08-2023
Business: None for the plaintiff.
Matter is adj for steps to 25.09.2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-09-2023

Date: 25-09-2023
Business: As court is on leave hence, matter adjourned to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-10-2023

Date: 30-10-2023
Business: None present.
O- None present for plaintiff since 25/07/2023 and matter is pending for steps therefore, put up the matter for dismissal order.
Matter is adj for dismissal order to 02/12/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 02-12-2023

Date: 02-12-2023
Business: None present.
Matter is adj. for dismissal order to 16/12/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2023

Date: 16-12-2023
Business: None present
Matter is adj. for dismissal order to 06/01/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 06-01-2024

Date: 06-01-2024
Business: None present.
Matter is adj. for dismissal  to 03/02/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 03-02-2024

Date: 03-02-2024
Business: None present.
KB.. Later on at 12.40 p.m.
C.A of plaintiff is present and prayed for last chance for taking steps for service of writ of summons. O-Time granted as last chance.
Matter is adj. for  dismissal to 16/03/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 16-03-2024

Date: 16-03-2024
Business: HHJ is on leave. Hence adjd.to
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2024

Date: 20-04-2024
Business: Court  is on leave in first session hence, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Keep back
LO at 1.40 pm.
O- None appears today for plaintiff. The matter was for dismissal order from 02.12.2023 till 03.02.2024. It was kept in dismissal category as no further steps were taken by plaintiff for service of writ of summons. On 03.02.2024 C.A. of plaintiff appeared and prayed for last chance for taking steps for service of writ of summons but, as no steps are taken till today hence the suit is hereby dismissed in default. The pending interim applications, if any, are also hereby disposed off consequently.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 06-07-2024

Additional Case Details

Additional Case Details
Filing Number: 105951/2019
Filing Date: 04-06-2019
First Hearing Date: 14th November 2019
Decision Date: 06th July 2024
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
06 Jul 2024
Order Details: Other
Pdf Text: 06/07/2024
Commercial
Suit 1024/21
Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
Keep back
LO at 1.40 pm.
O- None appears today for plaintiff. The matter was for dismissal
order from 02.12.2023 till 03.02.2024. It was kept in dismissal
category as no further steps were taken by plaintiff for service of
writ of summons. On 03.02.2024 C.A. of plaintiff appeared and
prayed for last chance for taking steps for service of writ of
summons but, as no steps are taken till today hence the suit is
hereby dismissed in default. The pending interim applications, if
any, are also hereby disposed off consequently.
Judge
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