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SUMMARY CIVIL SUIT - SUMMARY SUIT

Milind Vasant Dedhia HUFVsRicco Raccolto Private Limited +2 more

CNR MHCC01010466201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 10th April 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
101065/2019
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: 15-09-2020
    
    Date: 15-09-2020
    Business: Due to Covid-19 Pandemic / National Lockdown Matter adjourned t to 25.11.2020.
    Next Purpose: REPORT
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Due to National Lockdown (Covid-19).
    All parties absent.
    Matter adjd to 06.03.2021.
    Next Purpose: REPORT
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Business: None present.
    Matter adjd for report to 02.07.2021.
    Next Purpose: REPORT
    Next Hearing Date: 02-07-2021
    
    Date: 02-07-2021
    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 02.09.2021.
    Next Purpose: REPORT
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Court is Vacant
    Next Purpose: REPORT
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Court is vacant
    Next Purpose: REPORT
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: None present.
    Matter is adjd for report on 08-04-2022
    Next Purpose: REPORT
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: P.O. is on training.
    Next Purpose: REPORT
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: None for Plaintiff.
    Since long time Defendants are not served with Writ of Summons.  Plaintiff to take proper steps.
    Matter adjourned to 15/10/2022 for Taking Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: PO IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: None for plaintiff.
    None for defendant.
    It appears that though the matter is filed in the year 2019 till dated plaintiff could not serve writ of summons on the defendant, no proper steps are be taken hence, matter kept for dismissal in default.
    Matter is adj to 04/03/2023 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-03-2023
    
    Date: 04-03-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    As plaintiff is consistently absent since long time and as no affidavit of service is filed till date, matter is listed today for dismissal order.  However, in the interest of justice, I find it just and proper to issue notice to the plaintiff through RPAD on Court Motion.  If plaintiff fails to appear and proceed with the suit, suit would be dismissed in default.
    Matter is adj to 10/04/2023 for report.
    Next Purpose: REPORT
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
    None for plaintiff.
    Due to long standing absence of plaintiff, this court had issued notice to the plaintiff on Court Motion.  The notice is duly served.  Plaintiff in response to the notice has sent a letter dated 05/04/2023 to this court thereby showing his willingness to withdraw the suit.  The said letter is hereby treated as and application for withdrawal of the suit same is marked as Exh-2.
            Plaintiff has also sought refund of court fees on withdrawal of the suit.
             In view of the said letter Exh-2, I pass following order-
    1.Summary Suit No.1065/2019 is hereby permitted to be withdrawn unconditionally.
    2. Plaintiff is entitled for refund of court fees, as per the rules.
    3. Summary Suit No.1065/2019 is disposed of accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 10-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111267/2019
    Filing Date: 15-10-2019
    First Hearing Date: 16th December 2019
    Decision Date: 10th April 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    10 Apr 2023
    Order Details: Other
    Pdf Text: 38
    10/04/2023
    SUM 1065/19
    Exh2
    CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
    None for plaintiff.
    Due to long standing absence of plaintiff, this court had issued
    notice to the plaintiff on Court Motion. The notice is duly served.
    Plaintiff in response to the notice has sent a letter dated
    05/04/2023 to this court thereby showing his willingness to
    withdraw the suit. The said letter is hereby treated as and
    application for withdrawal of the suit same is marked as Exh2.
    Plaintiff has also sought refund of court fees on withdrawal of
    the suit.
    In view of the said letter Exh2, I pass following order
    1.Summary Suit No.1065/2019 is hereby permitted to be
    withdrawn unconditionally.
    2. Plaintiff is entitled for refund of court fees, as per the rules.
    3. Summary Suit No.1065/2019 is disposed of accordingly.
    Judge
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