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SUMMARY CIVIL SUIT - SUMMARY SUIT

Mr. Karim Amirali RupaniVsZakaria Ibrahim Maklai +3 more

CNR MHCC01010633201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100359/2024
Registration Date
22 Nov 2019
Next Hearing Date
21 Oct 2026
Case Stage
FOR TAKING STEPS

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

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

Case History / Proceedings

Case History
Date: 27-01-2020
Business: Plaintiff present.
Adv for deft Ms.Shivangi Rajatkar present.
Matter is Adjd for Report to 07.03.2020.
Next Purpose: REPORT
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Matter pertains to Court Room No.14.
Adv for plaintiff Mr.Pawar present.
Adv for plff. filed joint Affidavit of Service in suit. T.O.R.
Adv for plff filed draft S/J along with affidavit.
O-Leave Granted to register S/J.
Matter is Adjd for Service of S/J to 12.06.2020.
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 27-07-2020

Date: 27-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-09-2020

Date: 09-09-2020
Business: National Lockdown
Next Purpose: SERVICE
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Business: Due to National Lockdown (Covid-19) all parties absent.  Matter adjd to 25.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Adv. Girish Pawar for plaintiff is present.
Adv. Shivani Rajak for defendants.
Adv.for plaintiff tendered original registered SJ No.64/2020. TOR.
Copy is served to other side.
Adv.for defendant sought time to file reply. On oral request of Adv.for defendant matter is adjourned for filing reply to SJ.
Matter adjd for filing reply to SJ to 18.03.2021.
Next Purpose: REPLY
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Next Purpose: REPLY
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
Matter adjd to 07.08.2021.
Next Purpose: REPLY
Next Hearing Date: 07-08-2021

Date: 07-08-2021
Business: Adv.Girish Pawar for plaintiff present.
Adv.Neelam Gupta i/b.Adv.Shivangi Rajak for defendant present.
KB
LO at 12.45 pm
Adv.Neelam Gupta i/b.Adv.Shivangi Rajak for defendant present.
Plaint, Exh.1.
Vakalatnama, Exh.2
Memorandum of registered address of the plaintiff, Exh.3
List of Documents, Exh.4
Adjournment application, Exh.5 filed by adv.of defendant t.o.r.
O-Last chance granted.
Matter adjd to 18.08.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 07-09-2021

Date: 07-09-2021
Business: PO is on Leave.
Next Purpose: REPLY
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv.Girish Pawar h/f.Adv.Ashish Dubey for plaintiff present.
Adv.Shivangi Rajak for defendant present.
The defendant has not filed reply to the SJ. Sufficient time has been availed hence, no reply of defendant.
Matter adjd to 07.10.2021 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv.Girish Pawar i/b.Adv.Ashish Dubey for plaintiff present.
Adv.Shivangi Rajak for defendant present.
Application for adjournment, Exh.6 filed by Adv. of defendant t.o.r.
O-Other side to say.
Say given by Adv.of plaintiff on application Exh.6.
ORDER ON EXH.6
Read the application. Read say. The Ld.Adv.for defendant unable to show whether draft of say is ready, hence, the reason stated cannot be accepted. Sufficient time has been availed. Application is rejected.
KB
LO at 12.14 pm
Adv.Ashish Dubey for plaintiff present.
None present for defendant.
KB
LO at 01.25 pm
Adv.Girish Pawar i/b.Adv.Ashish Dubey for plaintiff present.
KB
LO at 04.16 pm,
Adv.Neelam Gupta h/f.Adv.Shivangi Rajak for defendant present.
Matter adjd to 12.10.2021 for SJ argument.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 12-10-2021

Date: 12-10-2021
Business: Adv.Girish Pawar h/f.Adv.Ashish Dubey for plaintiff present.
Adv.Shivangi Rajak for defendant present.
Adv. of defendant tendered draft notice of motion a/w.affidavit in support. O-Leave granted to register the notice of motion.
Copy of NM and affidavit furnished to otherside. Endorsement to that effect is made.
KB
LO at 01.42 pm
Adv.Girish Pawar h/f.Adv.Ashish Dubey for plaintiff present.
Adv.Shivangi Rajak for defendant present.
Adv. of plaintiff filed reply on draft NM itself.
Heard both the sides on draft notice of motion.
F.R.S.R. the following order is passed
ORDER
1. The draft Notice of Motion is allowed subject to costs of Rs.1,000/- (Rupees One Thousand Only) to be paid to the plaintiff.
2. No reply order dated 17.09.2021 is set aside accordingly.
3. Draft notice of motion is disposed off accordingly. It be registered for statistical purpose.
Defendant tendered the reply to SJ. It is kept for order till compliance of cost.
Matter adjd to 27.10.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: Adv. Girish Pawar for plaintiff present.
Adv. S.R.Gupta for defendant present.
The defendant tendered amount of cost Rs.1,000/- to the plaintiff.
Acknowledgment is made.
Matter adjd to 23.11.2021 for hearing of SJ.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: Adv.Girish Pawar h/f.Adv.Ashish Dubey for plaintiff present.
Adv.S.R.Gupta h/f.Adv.Shivangi Rajak for defendant present.
On oral request of plaintiff, kb for argument.
LO at 01.25 pm,
Adv.Girish Pawar h/f.Adv.Ashish Dubey for plaintiff present.
Adv.S.R.Gupta a/w. Adv.Shivangi Rajak for defendant present.
Heard both the sides on SJ.
Matter adjd to 08.12.2021 for SJ order.
Next Purpose: ORDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: Adv.Girish Pawar h/f. Adv.Ashish Dubey for plaintiff present.
Adv.Shivangi Rajak for defendant present.
Read the roznama dated 12.10.2021 and 27.10.2021, no reply order has been set aside by allowing notice of motion. Compliance as to costs has been made by the defendant on 27.10.2021. However, technically the reply already filed is remained to be exhibited. Parties have already argued on SJ which is pending today for order. Hence, the reply is marked as Exh.7.
KB for order on SJ.
LO at 05.15 pm,
F.R.S.R. the following order is passed
ORDER
1. Summons for Judgment No.64/2020 is dismissed.
2. Unconditional leave to defend is granted to the defendants.
3. The defendants shall file written statement on or before 07.01.2022.
4. Costs of this summons for judgment is kept in cause.
Matter adjd to 07.01.2022 for written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.09 pm,
Adv.Girish Pawar i/b.Adv.Ashish Dubey for plaintiff present.
Adv.Shivangi Rajak for defendant present.
Adv. of defendant filed application, Exh.8 for extension of time limit for filing written statement t.o.r. O-Otherside to say.
The plaintiff filed handwritten say  on the application, Exh.8.
Heard the plaintiff and defendant on Exh.8.
ORDER
         Read the order dated 08.12.2021 in summons for judgment No.64/20. Defendant was directed to file written statement within 30 days on or before 07.01.2022.  The Ld.Adv.for the defendant orally went statement that written statement will be filed within 7 days. Hence, time for filing written statement is extended by 7 days.
Matter adjd to 14.01.2022 for filing written statement.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
KB.
LO. at 2.10. pm.
Adv. Shivangi Rajak  for all defendants present. She filed w/s for defendant no. 1 and 4. w/s is  t.o.r   marked as Exh.9.
In view of SOP dated 6.1.2022, matter adjd to 08.02.2022 for   order against   defendant 2 and 3 for not filing   w/s and  admission and denial.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: None present for plaintiff.
Adv. Ms. Shivani Rajak present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 09/03/2022 for filing of Written Statement subject to limitation.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: None present for plaintiff.
Adv.Shivangi Rajak for defendant No.1 to 4 present.
The defendant No.1 and 4 have filed written statement, defendant No.2 and 3 have not filed written statement. Hence, suit to proceed without written statement of defendant No.2 and 3.
Matter adjd to 29.03.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: None present for plaintiff.
Adv.Shivangi Rajak for defendant present.
Plaintiff absent. No admission and denial filed by the plaintiff. Suit to proceed without admission and denial of the plaintiff.
        Defendant No.1 and 4 requested time to file admission and denial.
Matter adjd to 11.04.2022 for admission and denial by 1 and 4.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: None present for plaintiff.
Adv.Shivangi Rajak for defendant No.1 and 4 present. She orally requested time for filing admission and denial. O-Last chance granted.
Matter adjd to 05.05.2022 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 05-05-2022

Date: 05-05-2022
Business: None present for plaintiff.
None present for defendants.
Defendant Nos. 1 and 4 failed to file admission and denial. case to proceed without admission and denial of defendant Nos.1 and 4.
Matter adjd to 28.06.2022 for issues/ statement of truth by plaintiff.
L.O. 11.36 a.m.
Adv. Shivangi Rajak present for defendant No.1 and 4.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: None present.
kb. LO 12.05.
None Present for Plff.
Adv. S. R. Gupta h/f Shivangi Rajak Present for Deft no.1 to 4 and seeks time to file draft issue.
Adj. For draft issue and Case Management Schedule on 18/07/2022.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 18-07-2022

Date: 18-07-2022
Business: None present.
KB.
None Present for Plff.
Adv. Farim Choudhary Present for Deft and seeks time for filing draft issues.
Adj. For Draft issues on 05/08/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: Adv. Yogita Kanojiya h/f Adv Ashish Dubey Present for Plff.
Adv. Shivangi Rajak Present for Deft.
Adv of plff seeks time to file draft issues. Last chance granted for draft issues and CMS.
Adj. For Draft issues on 07/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: None Present for Plff.
Adv. Shivangi Rajak Present for Deft.
Adv of deft seeks time for filing draft issues. Granted as a last chance.
Adj. For Draft issues on 01/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 01-10-2022

Date: 01-10-2022
Business: Adv. Yogita Kanojia h/f Adv Ashish Dubey Present for Plff.
Adv. Shivangi Rajak Present for Deft.
Ex.10- Adv of plff has filed draft issues. Copy served upon otherside.
Adj. For Draft issues by deft on 31/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: Adv. Yogita Kanojiya h/f Adv. Ashish Dubey Present for Plff.
Adv. Shivangi Rajak Present for Deft.
Ex.11 - Adv of deft no.1 and 4 has filed draft issues. Copy served to otherside.
Ex.12 Issues framed.
Adj. For Hearing on Preliminary issue no.1 on 23/11/2022.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: Adv. Yogita Kanojia h/f Adv. Ashish Dubey Present for Plff.
Adv. Shivjangi Rajak Present for Deft.
Adv of both parties seeks time for hearing on Preliminary issue no.1. granted.
Adj. For Hearing on Preliminary issue no.1 on 14/12/2022.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: court is on Leave.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: PO is on leave.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: Adv. Yogita Kanojiya h/f Adv. Ashsih Dubey Present for Plff.
Adv. Shivangi Rajak Present for Deft.
Adv of both parties prayed for adjournment. Adj. Granted.
Adj. For Hearing on preliminary issue on 18/02/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None Present for Plff.
Adv. Shivangi Rajak Present for Deft.
Adj. For Hearing on Preliminary issues on 23/03/2023.
LO 12.50.
Adv. Ajay Dube h/f Ashish Dubey Present for Plff.
Adj. For Hearing on Preliminary issues on 23/03/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv. Ajay Dubey h/f Adv. Ashish Dubey for plaintiff present.
None present for defendant.
Case adjd for hearing on preliminary issue to 21.04.2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 21-04-2023

Date: 21-04-2023
Business: Adv. Yogita Kanojiya h/f Adv. Ashish Dubey Present for Plff.
None Present for Deft.
Adv of plff seeks time for hearing on preliminary issue. Granted.
Adj. For Hearing on preliminary issue on 27/06/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: 27.06.2023
18
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 841/2021
Adv. Shahnaj Chougulei/b Adv. Dubey for plaintiff present.
None present for defendant.
She orally requested to adjourn matter.
Order- Time Granted as prayed for as last chance.
Adjd. to 24/07/2023  for hearing on preliminary issue no. 1.
									Judge
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 24-07-2023

Date: 24-07-2023
Business: Adv. Dubey   for plaintiff is present.
O- Matte is adjourned as a last chance.
Matter is adj for  hearing on preliminary issues to
18/08/2023
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 18-08-2023

Date: 18-08-2023
Business: Adv. Gayatri Gupta h/f Adv. Ashish Dubey for plaintiff is present.
None present for Deft.
Exh.13 - Adjournment application filed by Adv. for Plff.
O. - Adjournment granted.
Matter is adj for hearing on preliminary issue to 18.09.2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: None present.
Matter is adj for hearing on preliminary issues to 01/11/2023.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 01-11-2023

Date: 01-11-2023
Business: None present.
O- Matter is pending for hearing on preliminary issue no. 1 since 23.11.2022.  None appeared on behalf of the plaintiff and the defendant on the last date and today.  Therefore, plaintiff to take note that if none appears on the next date for hearing on preliminary issue no. 1 then matter will be posted for dismissal order.
Matter is adj. for hearing on preliminary issues  to 10/01/2024.
Next Purpose: HEARING ON PRELMINARY ISSUE
Next Hearing Date: 10-01-2024

Date: 10-01-2024
Business: Coram: H.H.J. SHRI. VISHAL S. GAIKE JUDGE, (C.R.No 32)
None present.
O- It appears from the previous roznama that, since 23/11/2022 matter is pending for hearing on preliminary issue No.1. None appears for the plaintiff since last two dates. Hence, put up the matter for dismissal order.
Matter is adj. for  dismissal order to 23/02/2024.
Next Purpose: DISMISSAL
Next Hearing Date: 23-02-2024

Date: 23-02-2024
Business: Adv. Ajay Dubey h/f Adv. Ashish Dubey for plaintiff is present and requested to keep back the matter.
None for Defendant. K. B.
Later on at 2.45 p.m.
Exh. 14 - Application for removing the matter from dismissal category. O - Application allowed.
Heard Ld. Adv of plff. on preliminary issue No. 1. keep the matter for hearing on behalf of deft.
Matter is adj. for hearing to 02.03.2024.
Next Purpose: HEARING
Next Hearing Date: 02-03-2024

Date: 02-03-2024
Business: None present.
Matter is adj. for hearing on preliminary issue no.1 to 28/03/2024.
Next Purpose: HEARING
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: None present.
ORDER : The matter is kept for hearing on preliminary issue no. 1 on behalf of the defendant. None appeared for the defendant on the last date and today also none appears for him. The ld. Adv of plaintiff has already made his submissions on 23.02.2024. Therefore, to avoid further delay put up the matter for order on preliminary issue no. 1.
Matter is adj. for order to 06/04/2024.
Next Purpose: ORDER
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: None present.
Matter is adj. for order on preliminary issues to 02/05/2024.
Next Purpose: ORDER
Next Hearing Date: 02-05-2024

Date: 02-05-2024
Business: None present.
As Court is busy in passing orders in other matters on board hence,  matters adjourned.
Matter is adj. for order on preliminary issue to 10/05/2024.
Next Purpose: ORDER
Next Hearing Date: 10-05-2024

Date: 10-05-2024
Business: None present.
ORDER
That my Ld. Predecessor had framed issue No. 1 as to whether the subject matter is a Commercial dispute as defined under sec. 2(1)(c) of the Commercial Suit Act, and if the answer is no then whether this Court is having Jurisdiction to try and decides the suit. Thereafter the matter was posted for hearing on the said preliminary issue no. 1. The ld. Adv of plaintiff made his submission on the said issue but none appeared on behalf of defendant hence, the matter was closed for order on Preliminary issue no. 1. I have perused the contents of plaint and as per the averments of plaintiff he was having friendly relation with the defendants and in the year 2015 the defendants made request for financial assistance of Rs.30,00,000/- and agreed that they shall  give him profits from their business of making films or else he can take possession of their commercial premises on heavy deposit basis.  Plaintiff went ahead with the option of giving financial assistance to the defendants by taking possession of their commercial premises on heavy deposit basis. Allegedly a leave and license agreement was also notarized between the parties and plaintiff paid a total amount of Rs.20,11,000/- towards interest free refundable security amount. Thus, the dispute between the parties is not a commercial dispute as defined u/sec. 2(1)(c) of the Commercial Courts Act, 2015. The plaintiff had admittedly filed a Summary Suit and it was later on converted to a Summary Suit. Therefore, the suit is not maintainable as a Commercial Summary Suit. Hence, I proceed to pass the following order.
ORDER
The registry of this Court is hereby directed to re-register the suit  and assign the matter to some other Court other than a Commercial Court. The plaintiff and the defendant are directed to appear before the concerned court on 27/06/2024.
Matter is adj. for compliance to 27/06/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-06-2024

Date: 27-06-2024
Business: None present.
Kept back.
L.O. at 3.10 pm
None present.
Matter stands adjourned for compliance on 02-09-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 02-09-2024

Date: 02-09-2024
Business: None present.
Kept back.
L.O. at 4.40 pm.
None present.
Matter stands adjourned for compliance on 07-11-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: None present.
Kept back.
Later on at 4.00 pm.
None present.
Matter stands adjourned for compliance on 03-01-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2025

Date: 03-01-2025
Business: s Court is Vacant, Hence matter adjd to
Next Purpose: COMPLIANCE
Next Hearing Date: 10-03-2025

Date: 10-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-05-2025

Date: 07-05-2025
Business: As court is vacant. Hence, mattter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-08-2025

Date: 04-08-2025
Business: None present.
Kept back.
Later on at 4.30 pm.
None present.
Matter stands adjourned to 26-09-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-09-2025

Date: 26-09-2025
Business: None present.
Matter stands adjourned to 27-10-2025 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 27-10-2025

Date: 27-10-2025
Business: P.O is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 09-12-2025

Date: 09-12-2025
Business: None present.
Kept back.
Later on at 4.00 pm.
None present.
Matter stands adjourned to 06-02-2026 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-02-2026

Date: 06-02-2026
Business: None present.
    If the compliance is not reported or made today, the suit would be disposed off for want of steps/compliance.
Matter stands adjourned to  05.08.2026 steps/compliance.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-08-2026

Date: 05-08-2026
Business: P. O. is on training.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2026

Additional Case Details

Additional Case Details
Filing Number: 111382/2019
Filing Date: 17-10-2019
First Hearing Date: 27th January 2020
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Orders

0

No order text is available in this record.

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