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Commercial Suit

Dr. Sir George P. JosephVsMr. Prakash Sadashiv Mahadeshwar +1 more

CNR MHCC01008080201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 01st November 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
100474/2021
Registration Date
17 Sept 2019

Advocates

2

For Petitioner

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 09-10-2019
Business: Court is busy recording evidence Suit No.6900 of 2005 and Suit No.7247 of 2004.
None present.
Matter is adj to 03/12/19 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 03-12-2019

Date: 03-12-2019
Business: Court is busy in recording of evidence of Suit No. 3122/12 and final argument of Suit No.6822/79, 6823/79, 6824/79 and 6826/79.
None present.
Matter is adj to 20/01/2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Matter is called out at 11.34am
None present.
Matter is adj to 07/04/2020 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: FOR APPERANCE
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: FOR APPERANCE
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 25.03.2021 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: Adv. Rajnish Dubey for plaintiff and filed application for issuance of fresh writ of summons through court bailiff.  Tor and marked at Exh. 2.  Order - Granted.
Adjd to 02.07.2021 for service of writ of summons.
Next Purpose: SERVICE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 02.08.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None present for plaintiff.
None present for defendant.
Adjd to 24/08/2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.53 pm
Adv.Prashant Malik for defendant present.
KB
LO at 01.47 pm
Adv.Prashant Malik for defendant present. He submits that the defendant has received the packet containing letter addressed to Sopandev Naik and copy of plaint in respect of Sopandev Naik instead of Prakash Mahadeshwar. The defendant has accordingly filed precipee a/w. xerox copies of the aforesaid letter dated 10.02.2020 and copy of envelope with index of plaint.
Order passed precipee-The plaintiff to take note.
Matter adjd to 17.09.2021 for steps by plaintiff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.50 pm
None present.
KB
LO at 04.50 pm
None present.
Read the last roznama. Plaintiff to take steps regarding proper service of suit summons.
Matter adjd to 05.10.2021 for steps of service of summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. 11.45 a.m.
K.B.
L.O. at 1.30 p.m.
  Read the roznama dated 24.08.2021. Since last two dates the plaintiff has not taken steps for proper service of suit summons.
Matter adjd to 11.11.2016 for steps/orders.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 03.23 pm,
None present.
Matter adjd to 14.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 14.02.2022 for steps .
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None present for plaintiff.
None present for defendant.
Matter adjd to 15.03.2022 for steps in view of roznama dated 05.10.2021.
                                                                                              Judge
LO at 12.22 pm,
Adv.Drawiya Praveen h/f.Adv.Prashant Malik for defendant present.
Matter adjd to 15.03.2022 for steps in view of roznama dated 05.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: None present for plaintiff.
Defendant in person present. His advocate absent.
Plaintiff absent. No steps for service of summons are taken as per roznama dated 15.10.2021.
Matter adjd to 19.04.2022 for order against the plaintiff.
L.O. at 01.15 p.m.
Adv. Mr. Prashant Malik for the defendant present.
Next Purpose: ORDER
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 11.50 am,
None present for plaintiff.
None present for defendant.
Plaintiff absent. No steps are taken for service of summons. Keep for order against plaintiff on 14.06.2022.
Next Purpose: ORDER
Next Hearing Date: 14-06-2022

Date: 14-06-2022
Business: None present for both parties.
K.B.L.O. at 12.50 p.m.
None present for plff.
Adv Prashant Malik for deft present.
No steps taken by plff. for serivce of summons as per order dt.05.10.2021.
Matter adjd to 13.07.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: None present for plff.
Deft present with his Adv Prashant V Malik.
Matter is ajd. steps to 10.08.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None present.
KB. LO 12.20.
Adj. For Steps and Draft issues on 03/09/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-09-2022

Date: 03-09-2022
Business: As per office order No.178/2021 dt. 25/08/2022 of Honble Principle Judge and Letter no. X(Gen)-0202/2022/1622 dt. 25.08.2022 of Honble High Court, Bombay, today declared holiday on account of Ganesh Festival.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: None present for plaintiff.
Adv. Kumar Gaurav Sonker for defendant present I/b P. V. Malik.
Mr. Prakash Sadashiv Madadeshwar defendant present.
As per roznama dated 24.08.2021 the matter was posted for steps to be taken by Plaintiff for serving copies of plaint and documents/ proper service. However, till date plaintiff has not complied the said order. Hence, case adjd for dismissal order On 01.11.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 01-11-2022

Date: 01-11-2022
Business: None Present for Plff.
Deft Present.
Today case is for dismissal order because plff has not taken any steps to serve copies of plaint and documents to the deft. However the plff and his advocate have not taken any steps for the same. Plff is absent since long. Thus it seems that plff is not interested to proceed with the suit. Thus suit stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 01-11-2022

Additional Case Details

Additional Case Details
Filing Number: 108581/2019
Filing Date: 02-08-2019
First Hearing Date: 09th October 2019
Decision Date: 01st November 2022
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1
01 Nov 2022
Order Details: Other
Pdf Text: 01.11.2022
02
Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32)
Comm SU
474/21
None Present for Plff.
Deft Present.
Today case is for dismissal order because plff has not taken any
steps to serve copies of plaint and documents to the deft. However
the plff and his advocate have not taken any steps for the same. Plff
is absent since long. Thus it seems that plff is not interested to
proceed with the suit. Thus suit stands dismissed in default.
Judge
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