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SUIT - SHORT CAUSE CIVIL SUIT

M/s. Commercial Capital Company Ltd.VsAmit Gopalji Heda s/o Gopalji Heda

CNR MHCC0101149120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th April 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103336/2019
Registration Date
11 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 38

    Case History / Proceedings

    Case History
    Date: 13-01-2020
    Business: Adv. Shrivastav for plaintiff present and submitted that time extended to serve writ of summons. Time granted to serve writ of summons upon deft.
    Matter stands Adj for Writ of summons to 24.02.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Shrivastav for plaintiff present and seeks extension of time to serve writ of summons. Time extended till next date.
    Matter stands Adj for writ of summons to 24.04.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-01-2021
    
    Date: 11-01-2021
    Business: Advocate Ms.Sana Khan h/f adv. Saraogi for plaintiff present and seeks time to serve writ of summons.
    Time is granted. Date of writ of summons is extended and made R/o 26.02.2021.
    The case is adjourned to 26.02.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Business: Advocate Ms. Neha Pandey for plaintiff present and seeks time to serve writ of summons.
    Date of writ of summons is extended till next date as last opportunity.
    The case is adjourned to 21.04.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Matter called out at 11.45 a.m.
    Adv. Ravindra L. Singh I/b Adv. Saraogi for plaintiff present.
    Adv. for defendant absent.
    It appears from record that since January 2020 for 4 times time is extended to serve writ of summons. Today, Ld. Advocate for the plaintiff further seeking extension of time to serve the defendant. Time extended by way of last chance for period of 8 weeks from today.
    Matter stands adjourned to 05.10.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Adv. Singh for plaintiff present.
    None present for defendant.
    As court is busy in hearing final argument in SU No.3002/04. Hence,
    matter stands adjourned to 25.11.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: None present.
    Matter stands adjourned to 18.12.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: None present.
    Matter stands adjourned to 23.02.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-02-2022
    
    Date: 23-02-2022
    Business: Matter called out at 12.02 p.m.
    None present.
    Matter stands adjourned to 06.06.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-06-2022
    
    Date: 06-06-2022
    Business: None present for plaintiff and defendant.
    Matter stands adjourned to 22.07.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: Adv. Ravindra Singh for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 19.09.2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: None present.
    Matter stands adjourned to 08.12.2022 for Writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: None present.
    Matter stands adjourned to 21.02.2023 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv. Neha pandey for plaintiff. She is seeking to file serve WS to defendants. Time granted.
    None for defendant.
    Matter stands adjourned on 25.04.2023 for Writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 25-04-2023
    
    Date: 25-04-2023
    Business: Adv. Ravindra Singh for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned on 28.07.2023 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 28-07-2023
    
    Date: 28-07-2023
    Business: Court is on Leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: Court is on Leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-12-2023
    
    Date: 22-12-2023
    Business: None present for Plaintiff.
    None present for Defendant.
    Later on at 12.10 pm.
    Advocate Mahima Sharma h/f Advocate Saroagi present for Plaintiff.
    Matter stands adjourned on 06-03-2024 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 06-03-2024
    
    Date: 06-03-2024
    Business: Adv. Ravindra Singh for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 03-05-2024 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 03-05-2024
    
    Date: 03-05-2024
    Business: None present.
    Matter stands adjourned on 23-07-2027 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: None for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 18.10.2024 for  writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Adv. Disha Chopada h/f Adv. Ashok Saraogi for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 02.01.2025 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-01-2025
    
    Date: 02-01-2025
    Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
    Adv. Disha Chopra h/f Adv. A. M. Saraogi for Plaintiff present and seeking time.
    None for defendant present.
    Matter stands adjourned on 21-03-2025 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-03-2025
    
    Date: 21-03-2025
    Business: None for Plaintiff present.
    None for defendant present.
    Matter stands adjourned on 24.06.2025 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 24-06-2025
    
    Date: 24-06-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    None present.
    Considering record the plaintiff is granted very last chance to serve writ of summons upon the defendant and for that purpose issue fresh writ of summons to the defendant for final disposal of the suit. Failure of which suit shall stand dismissed for want of prosecution.
    Matter stands adjourned to 26-11-2025 for affidavit of service/dismissal.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-11-2025
    
    Date: 26-11-2025
    Business: CORAM - H.H.J. SHRI. U.C. DESHMUKH (CR. 03)
    Advocate Ravindra Singh for Plaintiff present.
    None for defendant present.
    Matter stands adjourned for affidavit of service to 17-04-2026.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-04-2026
    
    Date: 17-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present. This is suit of 2019. The plaintiff has not taken steps since last 7 years, already last chance is granted on 24.06.2025. However, plaintiff has not take any steps. Hence suit be fixed for dismissal order.
    Matter stands adjourned for dismissal order to 30-04-2026.
    Next Purpose: DISMISSAL
    Next Hearing Date: 30-04-2026
    
    Date: 30-04-2026
    Business: CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03)
    None present.
    When called repeatedly neither plaintiff nor his advocate present till 5.00 PM.
    The suit is instituted on 08.11.2019 for perpetual injunction. Plaintiff and his advocate are absent since 21.03.2025.  No steps taken since last 7 years. After 7 years matter is for affidavit of service and writ of summons. The matter was fixed for dismissal order on 17.04.2026. However, the plaintiff has not taken any steps today also none present for plaintiff till 5.00 PM. After 7  years the suit is pending for evidence/steps. It is pending since last more than 7 years. There is no progress in suit, no purpose will serve by keeping the matter pending without any progress. The conduct of plaintiff shows that he lost interest in the litigation. The plaintiff is not interested in prosecuting the suit. Hence the Suit  No. 3336 of 2019 is dismissed for want of prosecution and necessary steps. No order as to costs. Notice of Motion, Chamber Summons if any, disposed of as infructuous.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 30-04-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 112125/2019
    Filing Date: 08-11-2019
    First Hearing Date: 13th January 2020
    Decision Date: 30th April 2026
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Apr 2026

    Order Details: Other Pdf Text: Noting 1 C.R. No.03 Daily Status IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE Case No. :SUIT/0103336/2019 M/s. Commercial Capital Company Ltd. Vs Amit Gopalji Heda s/o Gopalji Heda Date : 30-04-2026 Business : CORAM - H.H.J. SHRI. S. M. BUKKE (CR. 03) None present. When called repeatedly neither plaintiff nor his advocate present till 5.00 PM. The suit is instituted on 08.11.2019 for perpetual injunction. Plaintiff and his advocate are absent since 21.03.2025.…

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