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SUIT - SHORT CAUSE CIVIL SUIT

Kripesh M. Sanghvi +1 moreVsUnion Chains And Jewellers Pvt Ltd +1 more

CNR MHCC0100565320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st September 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102743/2019
Registration Date
16 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 13-11-2019
    Business: Adv. Abhinav Tiwari for plff present.
    Plaint
    VP
    Address Memo
    List of documents
    Plff is directed to serve writ of summons upon defts through court bailiff.
    Adjd for Service Report 03.01.2020.
    Next Purpose: REPORT
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Business: Adv.  Madhuri Samant for plaintiff present.
    None for defendants.
    Time extended till next date for service of writ of summons.
    Adjd to 20-02-2020  for Service of writ of summons .
    Next Purpose: SERVICE
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: None for the parties.
    Hence matter is adjd to 20.04.2020  for  service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: SERVICE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: SERVICE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 10-09-2020
    
    Date: 10-09-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: Due to Covid-19, the matter is adjourned to 18.02.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv. Ruchita Mhatre for plaintiff present.
    None for deft.
    Plaintiff to take steps to serve writ of summons to defendants.
    The matter is adjd for steps to 03.05.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Business: Due to Covid-19, matter is adjourned
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None present.
    Plaintiff is directed to take steps.
    Matter adjd for steps on 11.10.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv. Yogesh Admane for plaintiff is present.
    Adv.for plaintiff filed an application t.o.r marked as Exh.5.
    O- Issue fresh summons upon the defendants on payment of necessary process fee to be paid within three days for settlement of issues and WS.
    Matter adjd for service on 24.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    Business: Adv. Abhinav Tiwari for pltff present.
    Matter is adjd to 08/03/2022 for Affidavit of Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Vedant Kulkarni for pltff present.
    Adv. Vedant Bhatia for deft no. 2 present and filed VP.  TOR.  Marked as Exh. 6
    It is submitted by the adv for pltff that copy of plaint and documents are not served.
    Pltff is directed to serve the copy of plaint and document on deft no. 2.
    Matter is adjd to 24/06/2022 for service of deft no. 1 and WS of deft no. 2.
    Next Purpose: SERVICE
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Mhatre h/f Adv. Mali for plaintiff is present.
    Adv. Abhinav Kumar filed V/P for defendant no.2 t.o.r marked as Exh.7.
    Matter adjd to 01.08.2022 for service of deft no.1 and WS of deft no.2. .
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv. Mhatre for plaintiff is present and filed affidavit of service. T.O.R.
    Adv. Abhinav Kumar for defendant no.2 is present and filed WS t.o.r marked as Exh.8.
    The plaintiff to take effective steps for service on defendant no.1.
    Matter adjd to 07.10.2022 for service of defendant no.1.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Adv Raj Shah for plff is present.
    Adv Abhinav Kumar for deft no. 2 is present.
    Last chance given to the plff to effect the service of writ of summons on deft no. 1 on or before next, else appropriate order will be passed.
    Matter adjd to 02.12.2022 for affidavit of service of deft no.1.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Adv. Vedant Kulkarni for plaintiff is present.
    Adv. Abhinav kumar for defendant no.2 is present.
    Roznama shows that on last date last chance given to the plaintiff to serve writ of summons on defendant no.1. However, plaintiff failed to take steps. Today also no steps taken by the plaintiff to that effect. Hence, suit stands dismissed against defendant no.1.
    Matter adjd to 02.02.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv. Aarti Nishad h/f Adv. Sushant Valimbe for plaintiff is present.
    Adv. Abhinav Kumar for defendant no.2 is present.
    Matter adjd to 17.04.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: Adv. Vedant Kulkarni for plaintiff is present.
    None present for defendant.
    Matter adjd to 28.07.2023 for draft issues.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: None for plaintiff and defendant when called.
    Exh-9 Issues framed.
    Matter adjd to 10/10/2023 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-10-2023
    
    Date: 10-10-2023
    Business: None present for plaintiff.
    Adv. Abhinav Kumar for defendant no.2 is present.
    Matter adjd to 05.01.2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-01-2024
    
    Date: 05-01-2024
    Business: None present for plaintiff.
    None for defendant no. 1.
    Adv. Abhinav Kumar for defendant no. 2 is present.
    Last chance granted to plaintiff to lead evidence.
    Matter adjd to 13.03.2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: None present for plaintiff.
    Adv. Abhinav Kumar for defendant no.2 is present.
    Plaintiff is absent since 28.07.2023. No steps are taken to lead evidence despite sufficient opportunity. Last chance granted to plaintiff to lead evidence, on failure order regarding dismissal of suit will be passed on next date.
    Matter adjd to 20.07.2024 for evidence of plaintiff.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: P. O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-09-2024
    
    Date: 21-09-2024
    Business: None present for plaintiff.
    Adv. Abhinav Kumar for defendant no.2 is present.
    Issues are framed on 28.07.2023. The matter is posted for recording evidence of plaintiff since 10.10.2023. The plaintiff and his advocate remain absent since long. From the roznama it is seen that plaintiff is not interested to proceed with the matter. Sufficient time is granted to plaintiff to lead oral evidence. Hence, stands dismissed for default with no order as to costs.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-09-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106146/2019
    Filing Date: 10-06-2019
    First Hearing Date: 13th November 2019
    Decision Date: 21st September 2024
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Sept 2024
    Order Details: Other
    Pdf Text: 30 21.09.2024
    SU 2743/19
    CORAM : HIS HONOUR JUDGE SHRI R. R. PATARE
    (C.R.NO.1)
    None present for plaintiff.
    Adv. Abhinav Kumar for defendant no.2 is present.
    Issues are framed on 28.07.2023. The matter is posted for
    recording evidence of plaintiff since 10.10.2023. The
    plaintiff and his advocate remain absent since long. From
    the roznama it is seen that plaintiff is not interested to
    proceed with the matter. Sufficient time is granted to
    plaintiff to lead oral evidence. Hence, stands dismissed for
    default with no order as to costs.
    Judge
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