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Commercial Suit

M/s. Neha EnterprisesVsH.J. Hygiene +1 more

CNR MHCC01007796201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 21st February 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100149/2019
Registration Date
23 Oct 2019

Advocates

2

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 29-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Priti Chawla for plaintiff present.
Advocate for plaintiff filed application for extension of time to serve writ of summons. t.o.r.
Adv.for defendant absent.
Matter adjd to 24/1/2020 for report.
Next Purpose: REPORT
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.Aditya Khare for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for extension of time for writ of summons - Allowed.
Matter ajdj to 03.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: Adv. for plaintiff absent.
Adv. for defendant absent.
In view of order dated 24.01.2020 time is extended for writ of summons. However, plaintiff absent and his advocate absent.
Failed to file affidavit of service. Hence, suit is keep for further order on next date.
Matter adjd to  18.02.2020 for further order.
Judge
LO at 12.15p.m.
Adv.Hardik Desai for plaintiff present and tender application for taken on board.
Advocate for plaintiff tender application for extension of time for  issuance of writ of summons - Allowed
Matter adjd to  18.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv.H. Desai for plaintiff present.
Adv.for defendant abent.
Advocate for plaintiff tender application for issuance of summons through E-mail @ affidavit for authenticity of E-mail address - Issue summons to the defendant through E-mail.
Matter adjd to 20.03.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: None present.
As per the circular issued by Hon\''ble High Court. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization.  No urgency.
Matter adjd to 07.04.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: court time is over
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-09-2020

Date: 19-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Business: COURT IS ON LEAVE
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 23.11.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  14/12/ 2020 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 08.01.2021 for Affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 08-01-2021

Date: 08-01-2021
Business: Adv.Mr.Hardik Desai for plaintiff present.
None present for defendant.
Matter adjd to 27.01.2021 for Affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 25.02.2021 for affidavit of Service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv.for plaintiff absent.
Adv. for defendant absent.
L.O. at 2.55 p.m.
Ld. Adv. Yashvi Panchal i/b Hark Desai for plaintiff present.
She tendered affidavit of service of writ of summons by E-mail to the defendant. The affidavit shows that  the defendants are served by E-mail.
Put of for order against defendant on the date fixed.
Matter adjd to 16/03/2021 for Order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv.Yashvi Panchal for plaintiff present.
None present for defendant.
The plaintiff had filed affidavit of service of summons, Exh.6 t.o.r.
The defendant are served. They have failed to appear in the suit. Suit to proceed ex-parte against them.
Matter adjd to 05.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: Adv.Hardik Desai for plaintiff present.
None present for defendant.
Matter adjd to 19.04.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Weekly Off is given to P.O. as per order of Hon\''ble P.J. at 17/04/2021 ( Assignment duties during Covid) hence, matter adjd. to 30/4/2021 for  Exparte R/E.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 25.06.2021 for Ex-parte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-06-2021

Date: 25-06-2021
Business: PO is on leave.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 03-07-2021

Date: 03-07-2021
Business: As Holiday declared on Saturday as per office circular 81/2021.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: None present.
Matter adjd on 30.07.2021 for  exparte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-07-2021

Date: 30-07-2021
Business: PO is on Leave.
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 20/08/2021 for ex-party evidence..
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-09-2021

Date: 08-09-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: Adv.Hardik Desai for plaintiff present.
None present for defendant.
(As Court is busy in hearing argument in NM No.2017/21 and dictating judgment in Commercial SU No.144/21 and Commercial SU No.147/21, hence, board is discharged.)
Matter adjd to 08.10.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.14 pm,
Adv.Hardik Desai for plaintiff present. He submits that the plaintiff is not in touch with the advocate and he wants to make correspondence with the plaintiff.
Matter adjd to 15.11.2021 for filling affidavit of evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.11 pm,
Adv.Hardik Desai i/b.Adv.Piyush Shah for plaintiff present.
The plaintiff filing adjd application, hence, keep back.
LO at 12.44 pm,
Adv.Hardik Desai i/b.Adv.Piyush Shah for plaintiff present.
The plaintiff filed adjournment application, Exh.7 t.o.r.
O-Adjournment granted.
Matter adjd to 29.11.2021 for ex-parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Reason For Adjournment: court time is over
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-12-2021

Date: 21-12-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 04.44 pm,
None present.
The plaintiff absent. No evidence is adduce. Adjd for Order against the plaintiff on 18.01.2022.
Next Purpose: ORDER
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 21.02.2022 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: None present for plaintiff.
None present for defendant.
KB for order.
LO at 12.13 pm,
None present.
KB for order.
LO at 03.40 pm,
FOLLOWING ORDER IS PASS BELOW EXH.1.
ORDER BELOW EXH.1
Read the roznama dated 28.09.2021. Suit was ordered to proceed ex-parte against the defendant. Read the roznama dated 08.10.2021, 15.11.2021, 21.12.2021. The plaintiff failed to file affidavit of evidence. On 21.12.2021 as no evidence is filed suit was adjourned for order against the plaintiff. Today also the plaintiff is absent and failed to adduce evidence. Hence, I pass the following order.
ORDER
1. Suit is dismissed for default.
2. Parties to bear their own costs.
Nature Of Disposal: DISMISSED
Disposal Date: 21-02-2022

Additional Case Details

Additional Case Details
Filing Number: 108185/2019
Filing Date: 24-07-2019
First Hearing Date: 29th November 2019
Decision Date: 21st February 2022
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
21 Feb 2022
Order Details: Order below exhibit
Pdf Text: ORDER BELOW EXH.1
IN
COMMERCIAL SUIT NO.149 OF 2019
Read the roznama dated 28.09.2021. Suit was ordered
to proceed exparte against the defendant. Read the roznama
dated 08.10.2021, 15.11.2021, 21.12.2021. The plaintiff failed to
file affidavit of evidence. On 21.12.2021 as no evidence is filed
suit was adjourned for order against the plaintiff. Today also the
plaintiff is absent and failed to adduce evidence. Hence, I pass the
following order.
ORDER
1. Suit is dismissed for default.
2. Parties to bear their own costs.
(Rajesh A. Sasne)
Judge
21.02.2022 City Civil Court, Gr. Mumbai.
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