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Commercial Suit

M/s. ACC LimitedVsM/s. Tiruchitambalam Projects Ltd

CNR MHCC01009186201814-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th April 2024

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
100394/2021
Registration Date
04 Feb 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 01-04-2019
    Business: None present
    Matter is Adjd for Affidavit of Service to 23/08/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Adv. Almeida for plaintiff present.
    Adjd. for affidavit of service to 11.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Business: Adv. Almeda for plaintiff present.
    On oral request time is extended to serve the defendant.
    Adjd. to 21.01.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 16.03.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 01.07.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 01-07-2020
    
    Date: 01-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to  03.03.2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Both the parties and their advocate are absent.
    Matter is adjd to 07.05.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-05-2021
    
    Date: 07-05-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 04/08/2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 06.10.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 12.11.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 10.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: None present.
    The matter is adjd for filing service affidavit to 21.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for Affidavit of Service to 01.03.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: None present.
    Matter is pending for filing service affidavit since long.  Plaintiff failed to take necessary steps for service of summons to defendants.  Therefore, matter be kept for dismissal order.
    The matter is adjd for dismissal order to 05.04.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Almeida for plaintiff present.  He submits that deft. is served with writ of summons.  He sought time for filing service affidavit.  Time as prayed for is granted.
    The matter is adjd for affidavit of service to 02.05.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv. Almeida for plaintiff present.
    Exh.2 - Adv. For plaintiff filed service affidavit along with original writ of summons.  T.O.R.
       As per service affidavit (Exh.2), deft. is duly served with writ of summons.  But, it failed to tender its appearance.  Therefore, suit to proceed without appearance of deft.
    The matter is adjd for filing claim affidavit to 20.06.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Deryck Almeida for plaintiff present.
    Representative of plaintiff present.
    Adv. For plaintiff sought time for filing claim affidavit. Time as prayed for is granted.
    The matter is adjd for filing claim affidavit to 12.07.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. Almeida for plaintiff present.  He sought time for filing claim affidavit.  Time as prayed for is granted.
    The matter is adjd for filing claim affidavit to 27.07.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Deryck Almeida for plaintiff present.  He sought time for filing claim affidavit.  Time as prayed for is granted.
    The matter is adjd for filing claim affidavit to 23.08.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Deryck Almeida for plaintiff present.
    Representative of plaintiff company is present.
    Adv. For plaintiff sought time for filing claim affidavit.  Time as prayed for is granted.
    The matter is adjd for filing claim affidavit to 15.09.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: P.O. is on half day leave. (First Session)
    The matter is adjd for filing affidavit of document to 29.09.2022.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 01-11-2022
    
    Date: 01-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: The Court is Vacant.
    Hence Matter is adjourned.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Court is vacant.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: The Court is Vacant. Hence, Matter is adjourned.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: The Court is vacant. Hence,matter is adjd.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: The court is vacant. Hence, matter is adjd to.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Court is Vacant. Matter adjourned to
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: As court is vacant. Hence, Matter is adjd to
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: Matter received from C.R.No. 14.
    None present for parties.
    O- From the roznama it appears that matter is pending for ex-parte evidence/filing claim affidavit since 20.06.2022.  Therefore, to avoid further delay last chance is granted to the plaintiff for filing claim affidavit.
    Matter is adj for ex-parte evidence to 06/09/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: None present.
    Matter is adj for ex-parte evidence to 12/10/2023.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 12-10-2023
    
    Date: 12-10-2023
    Business: None present.
    Matter is adj for ex-parte evidence to 06/12/2023.
    L.O at 12.15 p.m.
    Adv. Almedia for plaintiff is present.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: None present.
    Matter is adj. for Ex-parte evidence to 09.01.2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-01-2024
    
    Date: 09-01-2024
    Business: None present.
    KB
    LO at 3.01 pm
    None present.
    Matter stands Adj for Ex-parte Evidence on 09/02/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 09-02-2024
    
    Date: 09-02-2024
    Business: None present.
    KB
    LO at 12.16 pm
    None present.
    Matter stands Adj for Ex-parte Evidence on 14/03/2024.
    Next Purpose: EX-PARTE EVIDENCE
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: None present for plaintiff.
    Roznama shows that since 15/09/2022 none appeared for the plaintiff. Inspite of ample opportunites the plaintiff failed to file evidence.  Hence matter be kept for dismissal order.
    Matter stands Adj for Dismissal order on 20/04/2024.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: None present for plaintiff.
    Roznama shows that since 15/09/2022 none appeared for the plaintiff.  Inspite of giving opportunities the plaintiff failed to file evidence.  Today also none appear for plaintiff when called repeatedly.
    It seems that the plaintiff has lost interest in the matter.  Hence the suit stands dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109989/2018
    Filing Date: 24-07-2018
    First Hearing Date: 01st April 2019
    Decision Date: 20th April 2024
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    20 Apr 2024
    Order Details: Other
    Order 1
    20 Apr 2024
    Order Details: Other

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