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SUIT - SHORT CAUSE CIVIL SUIT

Smt. Sophia S. GulatiVsMr. Rinky Singh. S. Gulati

CNR MHCC01011951201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th January 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103245/2019
Registration Date
05 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 06-01-2020
    Business: Advocate Mr. Nikhil Seth for Plaintiff present and filed draft Notice of Motion with affidavit in support of Notice of Motion.  Leave to register Notice of Motion is granted.  Plaintiff is directed to serve copy of NM upon Defendants.  Plaintiff is also directed to file affidavit of service of writ of summons and NM.
    Case is adjourned to 17/01/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: PO IS ON LEAVE.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Advocate @ Plaintiff present and submitted that Plaintiff was required to file FIR against Defendant for alleged assault made by Defendant, hence court should grant ad interim relief as prayed in Notice of Motion. It is pertinent to note here that till this submissions is made registered NM is not tendered.
    Defendant present and submitted that his advocate is held up in Thane Court.  It is but natural that Plaintiff has taken out the preceipe and Defendant\''s advocate who was knowing the date of the matter as 18/03/2019 may have some work in Thane court hence unable to attend this court.
    Considering the fact that Plaintiff is pressing hard for ad-interim relief and matter is pending for NM reply, Defendant is directed to file NM reply on 11/03/2020. Date of the matter is preponed to 11/03/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Court is busy in hearing urgent matter and court has to dictate Judgment in suit no.569/05, hence case is adjourned to 16/07/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2020
    
    Date: 16-07-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 28/01/2021 for NM reply/hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None present for plaintiff
    None present for defendants.
    Plff has not tendered registered NM No.278/2020 in the Court till date.
    As nobody present for both the parties, considering pandemic condition, matter is adjourned for tendering registered NM in Court by the plff and for reply to 21.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2021
    
    Date: 29-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: None present for plff.
    Deft present in person.
    Plff has not tendered registered NM No.278/2020 in the Court till date hence, as nobody is present for the plff today also, N.M.No.278/2020 is dismissed in default for want of prosecution.
    Matter is adjd. for WS to 12.10.2021.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: None present for both parties.
    Matter is kept today for filing WS by the deft however, perusal of the roznama shows that  plff has not filed affidavit of service of writ of summons till date due to which, it is not clear whether writ of summons is served by the plff on deft. Plff is directed to file affidavit of service of writ of summons.
    Matter is adjd. for filing affidavit of service of writ of summons to 05.01.2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: None present for both parties.
    K.B.
    L.O. at 4.00 p.m.
    None appeared for both parties.
    Despite granting several opportunities, plaintiff failed to file affidavit of service of writ of summons. Roznama shows that nobody has attended the matter for and on behalf of the plaintiff after 03.03.2020. No propriety to keep the matter pending any further in absence of plaintiff and for want of service of writ of summons hence, suit is dismissed in default for want of prosecution.
    Proceeding is closed.
    Judge
    L.O. at 4.25 p.m.
    Deft appeared in person and submitted that writ of summons is not served on him.  He submitted that only NM was served on him. Suit is already dismissed in default earlier today.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 05-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 112504/2019
    Filing Date: 16-11-2019
    First Hearing Date: 06th January 2020
    Decision Date: 05th January 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    05 Jan 2022
    Order Details: Other
    Pdf Text: 05/01/2022 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
    24
    SU 3245/19
    None present for both parties.
    K.B.
    L.O. at 4.00 p.m.
    None appeared for both parties.
    Despite granting several opportunities, plaintiff failed to file affidavit
    of service of writ of summons. Roznama shows that nobody has
    attended the matter for and on behalf of the plaintiff after
    03.03.2020. No propriety to keep the matter pending any further in
    absence of plaintiff and for want of service of writ of summons
    hence, suit is dismissed in default for want of prosecution.
    Proceeding is closed.
    Judge
    L.O. at 4.25 p.m.
    Deft appeared in person and submitted that writ of summons is not
    served on him. He submitted that only NM was served on him. Suit
    is already dismissed in default earlier today.
    Judge
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