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Commercial Suit

M/s. SMS ConstructionVsNafees CHS Ltd

CNR MHCC01007194201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th November 2021

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
100284/2021
Registration Date
26 Sept 2018

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1M/s. SMS Construction

Respondent

  1. 1Nafees CHS Ltd

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec Order 9

Case History / Proceedings

Case History
Date: 17-10-2018
Business: Court is on leave.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-12-2018

Date: 20-12-2018
Business: Both the parties and adv absent.
Issue writ of summons.
Matter adjd to 1.3.2019 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: CA of pltff present. Adv. for pltff  present.
Adv. for deft. absent.
Exh.1 - Plaint
Exh. 2 - Vakalatnama
Exh. 3- Address memo
Exh. 4- List of document.
Exh.5 - Affidavit of service filed by pltff.
Order- According to it deft served on 1.10.2018 by hand.  They are absent.  Proceeded exparte.
Matter adjd to 16.4.2019 for exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Adv. for Plaintiff present.
Adv. for Defendant present.
Mr. S.K. Bhola for representative plff., prayed for adjd.
Matter is adjd.for Ex-parte evidence on 27.08.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 27-08-2019

Date: 27-08-2019
Business: Adv. for plaintiff absent.
None for defendant present.
Mr. S.K. Bhola, representative of plff. present.
Exh.6- evidence affidavit of PW-1 Mr. S.K. Bhola.
In view of testimony of PW-1 compilation attached with
pliant, the documents are exhibited as follows.
Exh.7- Running bill dtd. 26.11.2016.
Exh.8- Running bill dtd. 15.02.2017.
Exh.9- Running bill dtd. 09.06.2017.
Exh.10- Work order dtd. 16.05.2016.
Exh.11- Notice issued by plff. dtd. 26.02.2018.
Exh.12- Particulars of claims.
Matter is adjd. for Ex-parte evidence on 18.10.2019.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Mr. S.K. Bhola representative of Plaintiff present, prayed for adjd.
None for Defendant.
Matter is adjd. 03/01/2020 for  Ex-parte Evidance
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-01-2020

Date: 03-01-2020
Business: Court is Vacant
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Representative of plaintiff is present and filed evidence closed pursis at Exh. 13.
None present for defendant.
Adjourned for arguments to 17.03.2020.
                                                                               Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: N.O.B. T.O.B.
                               ORDER BELOW EXHIBIT-1
On perusal of the plaint, it appears to me that the nature of the suit is commercial. Therefore, it is hereby directed to the Registry to register this suit as Commercial Suit.
Matter already adjourned to 17.03.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None present for plaintiff.
None present for defendant.
Adjourned for (ex-parte) arguments to 04.04.2020.
                                                                               Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: ARGUMENTS
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENTS
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 02-07-2020

Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: National Lockdown
Next Purpose: ARGUMENTS
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for exparte arguments to 09/10/2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: None present for plaintiff.
Adjourned for Ex-parte arguments to 21.10.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Both the parties and their advocates absent.
Adjd. for arguments  to 12.11.2020.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) arguments to 21.12.2020.
                                                                                 Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for (ex-parte) arguments to 15.01.2021.
                                                                                Judge
Next Purpose: ARGUMENTS
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-02-2021

Date: 02-02-2021
Business: Adv. Shashikala Mahamuni for plaintiff , prayed for time to file VP on behalf of plaintiff.
None for defendant
Matter is adjd.to 15-02-2021 for Arguments.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv . Mrs. Shashikala Mahamuni for plaintiff present.
Adv. Ms. Ayushi for defendant present..
In view of note-sheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dtd. 07-02-2019 and note-sheet forwarded by the Addl. Registrar (Smt. S. S. Dhakane) dtd. 08-02-2021, present suit required to be reverted back to the original Court. Therefore, it be removed from The  Commercial Court.
      Hence, matter be placed before the board department for further order and allotment.
Matter is adjd.to 19.03.2021 for filling V/P.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv. Shashikala Mahamuni for plaintiff present.
Adv. Ayushi soni for for defendant present.
Matter is adjd.to 28.04.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 09-06-2021

Date: 09-06-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 28-06-2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-06-2021

Date: 28-06-2021
Business: Court is on leave.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 17.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: None for plaintiff.
Matter is adjd.to 08-09-2021 for (ex-parte) argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Business: None for the plaintiff.
Plaintiff is directed to argue the matter on next date.
Matter is adjd. argument to 8.10.2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: None for plaintiff.
The plaintiff is directed argue the matter on the next date of hearing failing which necessary order will be passed.
Matter is adjd.to 15-11-2021 for ex parte argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None for plaintiff.
In this suit, the plaintiff and his adv. are absent since long. The plaintiff did not argue after closing ex parte evidence on 14-02-2020. Hence, Commercial Suit No. 284/21 is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 15-11-2021

Additional Case Details

Additional Case Details
Filing Number: 107920/2018
Filing Date: 15-06-2018
First Hearing Date: 17th October 2018
Decision Date: 15th November 2021
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

2
Final Order 1
15 Nov 2021
Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Business : None for plaintiff.
In this suit, the plaintiff and his adv. are absent
since long. The plaintiff did not argue after
closing ex parte evidence on 14-02-2020. Hence,
Commercial Suit No. 284/21 is dismissed in
default.
COURT 31 ADDL SESSIONS JUDGE
-- 1 of 1 --
Order 1
15 Nov 2021
Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Business : None for plaintiff.
In this suit, the plaintiff and his adv. are absent
since long. The plaintiff did not argue after
closing ex parte evidence on 14-02-2020. Hence,
Commercial Suit No. 284/21 is dismissed in
default.
COURT 31 ADDL SESSIONS JUDGE
-- 1 of 1 --

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