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SUMMARY CIVIL SUIT - SUMMARY SUIT

M/s. Yogeshwar Saw MillVsTravos Ventures LLP +1 more

CNR MHCC01008180201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 02nd December 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101253/2019
Registration Date
13 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 17-02-2020
    Business: None present.
    Matter is Adjd for Report to 21.03.2020.
    L.O.
    Adv for plaintiff Mr.Niraj Patil present.
    He prayed for extension of time to serve writ of summons.
    O-Time Extended till next date.
    Next Purpose: REPORT
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
    All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
    None Present.
    Matter is Adjd for report on 04.08.2020.
    Next Purpose: REPORT
    Next Hearing Date: 04-08-2020
    
    Date: 04-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjd to 19.12.2020.
    Next Purpose: REPORT
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: None present.
    Matter is Adjd for Report to 07.04.2021.
    Next Purpose: REPORT
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present.
    Matter adjd for report on 07.05.2021.
    Next Purpose: REPORT
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Business: In view of Office Order No. 85/21, only urgent matters taken up. Hence, board discharge adjd to 18/08/2021.
    Next Purpose: REPORT
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 14.10.2021 for report.
    Next Purpose: REPORT
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: P.O is on leave hence, matter is adjourned.
    Next Purpose: REPORT
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: None present.
    Matter is adjd for report on 12-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: P.O. is on training
    Next Purpose: REPORT
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: As court is busy in R/E in SU No. 6747/05, SC 1172/19, SC 1996/19 and Final Arguments in SC No. 1902/2019.  Hence, board is discharged.
    Matter adjourned to 30/09/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: None for Plaintiff.
    The record reveals that the plaintiff is absent since long time.  Defendant is not yet served.  Therefore, plaintiff to take proper steps at earliest.
    Matter adjd. to 13.12.2022 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-12-2022
    
    Date: 13-12-2022
    Business: As Court is busy in dictating judgment in SUM No.75/15 and SUM 323/15, hence remaining first session board is discharged.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff. Record reveals absence of plaintiff since Covid-19 pandemic period.
    L.O. at 12.25 P.M.
    Adv. Neeraj B. Patil for plaintiff present and filed affidavit of service Exh-2. Service is incomplete.
    Adv. for plaintiff seeks time to take proper steps. O- Time granted.
    Matter is adj to 20.04.2023 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    As court is busy arguments in Suit No.6358 of 2003 and Suit No.8098/2001, remaining first session board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 20/07/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Matter is adj to 05.10.2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his counsel are absent.
    The writ of summons sent to the defendants returned unserved and the plaintiff filed service affidavit to that effect on 27.02.2023. Since then, the plaintiff did not take steps to serve the writ of summons. Adjourned for taking the steps as a last chance.
    Matter is adj to 04.11.2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and its counsel are absent.
    Plaintiff failed to take steps though last chance was granted on previous date.
    Matter is adj to 02-12-2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 108701/2019
    Filing Date: 05-08-2019
    First Hearing Date: 17th February 2020
    Decision Date: 02nd December 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Dec 2023
    Order Details: Other
    Pdf Text: 25
    02/12/2023
    SUM
    1253/19
    CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    Order below Exh-1
    On perusal of the record and proceeding, it is found that the
    plaintiff is not attentive in prosecution of the suit. The
    plaintiff had filed the service affidavit on 27.02.2023, but the
    service was not complete and therefore, matter was
    adjourned to 20.04.2023 for taking steps. Thereafter, matter
    was adjourned to 20.07.2023 and then to 04.10.2023. On
    04.10.2023, neither plaintiff nor his advocate was present
    and therefore, matter was adjourned to 02.12.2023 i.e. today
    for dismissal order. Though the suit is today listed for
    dismissal order, neither plaintiff nor his advocate attended
    the court. Writ of summons is not yet served on the
    defendants. Hence, the plaintiff failed to take steps after
    returning the writ of summons unserved. Hence, suit is
    hereby dismissed under Order-9, Rule-5 of the CPC.
    Judge
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