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SUMMARY CIVIL SUIT - SUMMARY SUIT

Jubilant Foodwarks LtdVsMr. Prahees Hegde

CNR MHCC01009857201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 29th March 2025

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100147/2020
Registration Date
28 Jan 2020

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: 23-03-2020
    Next Purpose: REPORT
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 27-07-2020
    
    Date: 27-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: National Lockdown
    Next Purpose: REPORT
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.  Matter adjd to 26.02.2021.
    Next Purpose: REPORT
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: None present.
    Matter adjd for report to 17.06.2021.
    Next Purpose: REPORT
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is discharged.
    Next Purpose: REPORT
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: COURT IS VACANT
    Next Purpose: REPORT
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: None present.
    Matter is adjd for Report to 17.03.2022
    Next Purpose: REPORT
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Ms. Disha Pandey for Plaintiff present.  She filed an application for re-issuance of summons to the Defendant as since long time service report is not filed by bailiff.  In view of the contentions, application allowed.  Plaintiff is permitted to serve the Defendant privately and to file service report on returnable date.
    	Matter adj. to 05/07/2022 for Report.
    Next Purpose: REPORT
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Adv. Mr.  Nishit Joshi for Plaintiff present and submits that today for the first time he has appeared in the matter and he has not instructions regarding the steps taken pursuant to the Order dated 17/03/2022.
    As already more than three months time is lapsed since the said Order.  The Plaintiff is expected to file affidavit on record explaining what steps he has taken since 17/03/2022.  No adjournment on casual request can be granted.
    Keep back the matter for affidavit/instructions.
    Later on :- at 04.05 p.m.
    Adv. for Plaintiff present.
    Matter adjourned to 05/09/2022 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. for Plaintiff present.
    None for Defendant.
    KB..
    Matter called out at 02.53 pm
    Adv for plaintiff present and filed application Exh-3 seeking adjourned to take steps and to file Vakalatnama.
    In view of the opportunities granted earlier, application allowed as a last chance. If plaintiff fails to take proper steps by next date, appropriate order, including dismissal of suit would be passed.
    Matter adjourned to 03.11.2022 for steps/order.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: Adv.Vaibhav Sharma for plaintiff present.   He filed application for re-issuance of fresh writ of summons (Exh-4).
    Order-Re-issue fresh writ of summons.
    Adv.Vaibhav Sharma filed vakalatnama for plaintiff. (Exh-5)         O-Filed.
    Matter is adj to 06/02/2023 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: As Court is busy in dictating judgment in Suit No.4910 of 2010, Summary Civil Suit No.462/14 and Summary Civil Suit No.962/2015 remaining first session board is discharged.
    Parties are at liberty to tender affidavit in chief, reply, applications, etc. if any.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    Adv.Tanmay P.Bidkar for plaintiff present.   He filed affidavit of service (Exh6).
    From the track report it appears that summons has returned unserved for the reason “insufficient address”
    Adv. for plaintiff filed application for substituted service (e-service) along with affidavit in its support (Exh-7).
    Ld.Adv. for plaintiff submits that provided email id in the affidavit in support of the application is true and correct.  Plaintiff already had communication with the defendant through said email id         (Exh-A and Exh-B of the plaint).
          In view of the above application is allowed in terms of prayer clause (a).
    Matter is adj to 19/07/2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    As court is busy in hearing arguments in Sum. Suit no. 340/21, 1119/16, 65/20, 461/21 and recording evidence in SC no. 334/21, board is discharged.
    Matter is adj to 05.10.2023 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Adv. Tanmay P. Bidkar for plaintiff is present and requested for adjournment for filing service affidavit. Adjournment is granted.
    Matter is adj to 08.01.2024 for filing affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Mr. Shreyas Shrivastava for plaintiff is present and he filed affidavit of service. It is taken on record and marked as Exh.8 along with delivery report at annexure A.
    On perusing said annexure, it appears that delivery to these recipients is completed. But no delivery notification was sent by the destination of server. Further, it appears that in view of order below Exh-7 prayer for substitute service on defendant by newspaper publication was allowed. However, it appears plaintiff has not taken steps to serve by news paper publication. Therefore, the plaintiff is directed to take steps accordingly.
    Matter is adj  to 23/02/2024  for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-02-2024
    
    Date: 23-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv Chirag Hothiramani  for the plaintiff is present.
    Defendant and his advocate are absent.
    The plaintiff was given direction to comply the order passed below Exh.07 on 13.04.2023.  It appears that plaintiff has not complied with the said order.  The plaintiff is given last chance to take the steps. If plaintiff fails to take the steps, matter will be kept for dismissal.
    Matter is adj to 25.04.2024  for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-04-2024
    
    Date: 25-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Rushikesh Mishra for plaintiff is present and requested for adjournment. Adjournment is granted.
    Matter is adj to 15.06.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Rishikesh Mishra  for plaintiff is present and filed an application for adjournment on the ground that they want to withdraw the suit. Taken on record. It is marked as Exh-9. Adjournment is granted.
    Matter is adj to 27.07.2024 for Lokadalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 27-07-2024
    
    Date: 27-07-2024
    Business: None present for both the sides.
    Matter adj. to  30.08.2024 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2024
    
    Date: 30-08-2024
    Business: P.O. IS ON LEAVE
    Next Purpose: HEARING
    Next Hearing Date: 11-11-2024
    
    Date: 11-11-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff is given last chance to take steps.
    Matter is adj to 21.01.2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-01-2025
    
    Date: 21-01-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The plaintiff was given last chance to take the steps. The plaintiff failed to take steps. Hence, matter is kept for dismissal order.
    Matter is adj to 01.03.2025 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 01-03-2025
    
    Date: 01-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Plaintiff failed to take steps.
    Matter is adj to 29-03-2025 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Keep back.
    Later on at 12.57 pm
    The plaintiff and his advocate are absent.
    Order below Exh-1
    Perused record and proceeding. Plaintiff has filed suit for recovery of money on 24.09.2019. Plaintiff had re-issued writ of summons on 03.12.2022 and it was for filing affidavit of service. Thereafter, plaintiff sought permission vide Exh-7 to serve writ of summons through email and by way of paper publication, it was for filing affidavit of service. On 08.01.2024, plaintiff filed affidavit of service at Exh-8. On perusing that report, it appears that no delivery notification was sent by destination of server. It appears that plaintiff had not taken any steps to serve writ of summons by paper publication. Further, it appears that on 15.06.2024, advocate for plaintiff present and filed an application at Exh-9 to seek adjournment to withdraw the matter. Thereafter, till today neither plaintiff nor his counsel present. Plaintiff has neither taken steps nor withdraw the matter. Thus, it appears that plaintiff is not interested in conducting the matter. Hence, no purpose would serve by keeping matter pending. Hence, I proceed to pass following order-
    Order
    Sum. Suit No. 147 of 2020 is hereby dismissed in default for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 29-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 110385/2019
    Filing Date: 24-09-2019
    First Hearing Date: 23rd March 2020
    Decision Date: 29th March 2025
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Mar 2025

    Order Details: Other Pdf Text: 22 29/03/2025 SUM 147/20 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) The plaintiff and his advocate are absent. Keep back. Later on at 12.57 pm The plaintiff and his advocate are absent. Order below Exh-1 Perused record and proceeding. Plaintiff has filed suit for recovery of money on 24.09.2019. Plaintiff had re-issued writ of summons on 03.12.2022 and it was for filing affidavit of service. Thereafter, plaintiff sought permission vide Exh-7 to serve…

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