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Court Order

Final Order 1

CNR MHCC01009857201929 Mar 2025
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 29 Mar 2025 · CNR MHCC010098572019

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 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.
Judge
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