Commercial Suit
M/s. Kavi Commercial Company Ltd.VsMr. Gaurav Shah (Prop. of M/s. Pragati Steel)
CNR MHCC01008436201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 10th March 2022
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100132/2019
- Registration Date
- 25 Sept 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 01-11-2019
Business: Fresh matter assigned to this Court.
None present for plaintiff.
Issue writ of summons to defendant and plaintiff to file service affidavit.
Matter adjd for service affidavit on 23/11/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-11-2019
Date: 23-11-2019
Business: Adv. Pandey for plaintiff present.
Adv. for plff filed an application for extend time for collecting writ of summons. Order. time extended to collect writ of summon.
Matter adjd to 27/01/2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-01-2020
Date: 27-01-2020
Business: None present.
Matter adjd for service affidavit on 05/02/2020 at 11.00 am
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Adv. A.K. Dubey for plaintiff present.
None for defendant.
KB. L. O. 12.31 pm
Representative of plaintiff present.
Ex.03 Ld adv for plff filed affidavit of service t.o.r. O- Seen.
Matter adjd for order against deft to 21-02-2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 21-02-2020
Date: 21-02-2020
Business: Adv. Vinay Mishra for plaintiff present.
None for defendant.
The Ld Adv for plaintiff tendered original writ of summons t.o.r.
KB. L.O. at 4.46 pm
Court busy in dictating Notice of motion.
Matter adjd for order against defendant to 06-03-2020 at 11.00 am.
Next Purpose: ORDER
Next Hearing Date: 06-03-2020
Date: 06-03-2020
Business: None present.
KB L.O. at 12.34 pm
Adv Vinay Mishara for plaintiff present.
None for defendant.
KB L.O. at 12.54 pm
Perused affidavit of service Ex.03. It is mentioned in the affidavit of service that RPAD is not received. Perused the said affidavit of service. There is no letter from the postal department that writ of summons along with plaint sent by the plaintiff is served to the defendant. The ld Adv for plaintiff is ready to do needful.
Matter adjd for steps to 18-03-2020 at 11.00 am.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-03-2020
Date: 18-03-2020
Business: Both the parties are absent.
Adjourned for taking steps to 8.4.2020
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-07-2020
Date: 30-07-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2020
Date: 29-08-2020
Business: National Lockdown
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-09-2020
Date: 18-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for taking steps for service to 03.12.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2020
Date: 03-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for taking steps to 22.12.2020.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-12-2020
Date: 22-12-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for taking steps to 21.01.2021.
Judge
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-01-2021
Date: 21-01-2021
Business: Adv. Vinay Mishra for plaintiff, prayed for permission to issue fresh summons by RPAD to defendant - granted.
Matter is adjd.to 04-03-2021 for service affidavit.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-03-2021
Date: 04-03-2021
Business: Adv. Mr.Vinay Mishra for plaintiff present.
None for defendant.
Exh.4- Service affidavit along-with original writ of summons is submitted by plff. In view of postal track report, RPAD is delivered to deft. None present for deft. Deft. was appeared before the secretary of DLSA in pre-institution mediation. Hence, suit to proceed Ex-parte.
Plff. is directed to inform aforesaid roznama on mobile no. of deft. as mentioned on page no.13 of plaint and submit the pursis on next date.
Matter is adjd.to 18.03.2021 for hearing (ex-parte).
L.O. at 03.30 p.m.
Exh.5- Deft. Mr. Gaurav Shah is present, he submits that local train is not allowed in peak hours, therefore, he is delayed to appear, submitted application for adjd. to engage lawyer.
Roznama of morning session is explained to deft.
Matter is adjd.to 18.03.2021 for hearing (ex-parte).
Next Purpose: HEARING
Next Hearing Date: 18-03-2021
Date: 18-03-2021
Business: Adv. Vinay Mishra for plaintiff present.
Adv. for defendant absent.
Mr. Gaurav Shah, deft. in person, submits that matter is likely to be settled. Deft has assured to bring plff. before Lok Nyayalaya dtd. 10.04.2021.
Matter be placed before Lok Adalat dtd. 10.04.2021.
Matter is adjd.to 20.04.2021 for hearing (ex-parte).
Next Purpose: HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 04-05-2021
Date: 04-05-2021
Business: Adjd. due to Covid.
Next Purpose: HEARING
Next Hearing Date: 22-06-2021
Date: 22-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: HEARING
Next Hearing Date: 22-07-2021
Date: 22-07-2021
Business: Both parties and their advocates are absent when called out.
Matter kept for Lok Adalat
Matter is adjd.to 01-08-2021 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 01-08-2021
Date: 01-08-2021
Business: None present.
Matter is adjd.to 11-10-2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 11-10-2021
Date: 11-10-2021
Business: None for plaintiff.
None for defendant.
On perusal of record, it appears that the defendant has appeared in the matter and ex parte order is already passed on 04-03-2021. Considering the stage of the matter, the plaintiff is directed to lead evidence on or before the next date failing which necessary order will be passed.
Matter is adjd.to 20-11-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Adv. Harikesh Singh h/f Vinay Mishra for plaintiff present and prayed for adjournment – granted.
Matter is adjd.to 13-12-2021 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Court is on leave
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
Matter is adjd.to 22-02-2022 for ex parte evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 22-02-2022
Date: 22-02-2022
Business: None for plaintiff. None for defendant.
Matter is adjd.to 10/3/2022 for Exparte Evidence.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-03-2022
Date: 10-03-2022
Business: None for plaintiff.
In this suit, the plaintiff and his adv. are absent since long. No evidence is filed after passing of ex parte order on 04-03-2021. The plaintiff and his advocate are absent even today till 1.00 pm. Hence, Commercial Suit No. 132/19 is dismissed in default .
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 10-03-2022Additional Case Details
Additional Case Details
Filing Number: 108922/2019 Filing Date: 09-08-2019 First Hearing Date: 01st November 2019 Decision Date: 10th March 2022 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 110 Mar 2022
10 Mar 2022
Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE Case No. :Commercial Suit/0100132/2019 M/s. Kavi Commercial Company Ltd. Vs Mr. Gaurav Shah (Prop. of M/s. Pragati Steel) Date : 10-03-2022 Business : None for plaintiff. In this suit, the plaintiff and his adv. are absent since long. No evidence is filed after passing of ex parte order on 04-03-2021. The plaintiff and his advocate are absent even today till 1.00 pm. Hence, Commercial Suit No. 132/19 is dismissed in default . Nature of Disposal : DISMISSED IN DEFAULT Disposal Date : 10-03-2022 COURT 31 ADDL SESSIONS JUDGE -- 1 of 1 --
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