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SUMMARY CIVIL SUIT - SUMMARY SUIT

Aar International-Jyoti Ajoykumar GalaVsRicco Raccolto Private Limited +2 more

CNR MHCC01010465201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 04th February 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101067/2019
Registration Date
08 Nov 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 16-12-2019
    Business: By Precipe,
    Adv for deft no.2 and 3 Ms.Jyoti Vajpai present.
    Adv for deft no.2 and 3 filed VP. Keep for order.
    Already Adjd for Report to 13.01.2020.
    Next Purpose: REPORT
    Next Hearing Date: 13-01-2020
    
    Date: 13-01-2020
    Business: P.O. is on Leave
    Next Purpose: REPORT
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: REPORT
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Next Purpose: REPORT
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPORT
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: REPORT
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPORT
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to National Lockdown (Covid-19) matter adjourned
    Next Purpose: REPORT
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Adv. Amol Kumeria present for plaintiff .
    None present for defendant.
    Advocate for plaintiff stated that defendant has appeared within time on receipt of summons and we wants to take out  Summon for judgment.
    Matter is adjd for steps on 06.03.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: None present.
    Matter adjd for steps to 01.07.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 30.08.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: COURT IS VACANT
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Court is Vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: None present for Plaintiff.
    	None present for Defendant.
    	Matter adj. To 13/04/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: P.O. is on Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: None for Plaintiff.
    None for Defendant.
    Inspite of appearance of Defendant, Plaintiff has not taken out SJ.  Plaintiff to take proper steps accordingly.
    Matter adjourned to 27/09/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: None for Plaintiff.
    In spite of specific order dated 25.07.2022, plaintiff has not taken steps to file SJ.  If plaintiff fails to file SJ by next-date, it would be presumed that plaintiff is not interested to proceed with the matter and suit would stand dismissed for non-prosecution.
    Matter adjourned for steps/order to 16.12.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-12-2022
    
    Date: 16-12-2022
    Business: None for plaintiff.
    This court by order dated 25/07/2022 had directed plaintiff to take steps to file SJ.  However no steps were taken even on next date i.e. 27/09/2022.  Therefore, this court had observed that if plaintiff fails to file SJ by next date, it would be presumed that plaintiff is not interest to proceed with the matter and suit would stand dismissed for non prosecution.  Despite the clear order neither plaintiff nor his advocate are present.  Hence, matter kept for dismissal order.
    Matter is adj to 04/02/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: None for plaintiff.
    Though the def.No.2 and 3 caused appears on 16/12/2019 and though plaintiff on 01/12/2020 had sought time to file summons for judgment, same is not filed till date.  This court by detailed order dated 27/09/2022 and 16/12/2022 by observing long standing failure of plaintiff to appear and to take steps, had kept the matter today for dismissal order.
               As the plaintiff is absent and no steps are taken, suit is hereby dismissed in default.
    Nature Of Disposal: DISMISSED
    Disposal Date: 04-02-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111266/2019
    Filing Date: 15-10-2019
    First Hearing Date: 16th December 2019
    Decision Date: 04th February 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    04 Feb 2023
    Order Details: Other
    Pdf Text: Back
    Daily Status
    IN THE COURT OF :COURT 61 ASST SESSIONS JUDGE
    Case No. :SUMMARY CIVIL SUIT/0101067/2019
    Aar InternationalJyoti Ajoykumar Gala Vs Ricco Raccolto Private Limited
    Date : 04022023
    Business : None for plaintiff. Though the def.No.2 and 3
    caused appears on 16/12/2019 and though
    plaintiff on 01/12/2020 had sought time to file
    summons for judgment, same is not filed till date.
    This court by detailed order dated 27/09/2022
    and 16/12/2022 by observing long standing
    failure of plaintiff to appear and to take steps, had
    kept the matter today for dismissal order. As the
    plaintiff is absent and no steps are taken, suit is
    hereby dismissed in default.
    Nature of Disposal : DISMISSED
    Disposal Date : 04022023
    COURT 61 ASST SESSIONS JUDGE
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