Date: 21-10-2019
Business: NOB TOB
Government has declared holiday in view of General Assembly Election. Hence board is discharged.
Adjd to 11.12.2019 for Directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 11-12-2019
Date: 11-12-2019
Business: None for plff.
Exh.1-Plaint.
Exh.2- VP.
Exh.3-Address Memo.
Exh.4-List of documents.
Plff is directed to serve writ of summons upon deft through Court bailiff.
Since P.O is under transfer, adjd for service to 22.01.2020.
Next Purpose: SERVICE
Next Hearing Date: 22-01-2020
Date: 22-01-2020
Business: None for plaintiff.
None for defendants.
The suit is filed on 21-09-2019. But till date no steps are taken to serve writ of summons upon the defendant. Hence, kept for further order on next date.
Adjd to 29-01-2020 for further order .
Next Purpose: ORDER
Next Hearing Date: 29-01-2020
Date: 29-01-2020
Business: None for plaintiff.
None for defendants.
Plaintiff and his Ld. advocate are absent when the matter is called at 11.15 a.m.
KB LO
Plaintiff and his Ld. advocate are absent when the matter is called at 11.50 a.m.
KB LO
Order-
Plaintiff and his Ld. advocate are absent when the matter is called at 12.00 p.m. On previous date it was noted in roznama that the plaintiff had not taken any steps for service of writ of summons upon the defendant. Rule 55 of The Bombay City Civil and Sessions Court Rules, 1948 provides that the plaintiff has to deliver writ of summons to the Sheriff for service. However, in this matter the plaintiff has neither turned up nor tendered any affidavit of service nor the acknowledgement or document showing that the writ of summons is delivered to the sheriff.
This is a suit relating to a commercial dispute. Schedule to The Commercial Courts Act, 2015 provides for amendments to The Code of Civil Procedure, 1908. Order XV- A is inserted prescribing the procedure for trial of the suit after case management hearing. Rules 3 and 4 thereof provide that the court has to ensure that the arguments are closed within 6 months from the date of the first case management hearing and for recording evidence on a day to day basis. From these provisions it can be ascertained that the suits relating to commercial disputes are to be tried expeditiously. In this matter the plaintiff has not taken steps for last three months to serve writ of summons to the defendant. In such circumstances if the matter is kept on board without steps, it will not only delay the progress of the matter but also will frustrate the object of the Commercial Courts Act, 2015. Therefore, suit is dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 29-01-2020