SUMMARY CIVIL SUIT - SUMMARY SUIT

s. Aim Transport Co.

CNR MHCC01012293201961-COURT 61 ADDL SESSIONS JUDGE

City Civil Court, Mumbai

Mumbai · Maharashtra (MH)

CASE DISPOSED

Uncontested--DISMISSED

Decision Date: 04th November 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number: 101187/2019
Registration Date: 27 Nov 2019

Advocates

For Petitioner

Madhuri Maisheri

For Respondent

Not available

Parties

Petitioner

1M/s. Best Carrier Private Limited

Respondent

1M/s. Aim Transport Co.

Acts & Sections

Protection of Women from Domestic Violence Act · Sec Order 37

Case History / Proceedings

Case History

Date: 31-01-2020
Business: None present.
Matter is Adjd for Report to 13.03.2020.
Next Purpose: REPORT
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv for plff. Ms.Madhuri present.
None for the defendant.
Matter is Adjd for Affidavit of Service to  17.04.2020.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 28-07-2020

Date: 28-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Business: Due to National Lockdown (Covid-19) matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Due to National Lockdown (Covid-19).
All parties absent.
Matter adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None present.
Matter adjd for report on 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: Adv. Mr. B. S. Patil for Plaintiff present.
Plaint – Exhibit-1
Vakalatnama – Exhibit-2
Memorandum of Address – Exhibit-3
List of Documents – Exhibit-4
Adv. for Plaintiff filed application for re-issuance of Writ of Summons.  O :- Allowed.
Matter adjourned to 15/10/2022 for Report.
Next Purpose: REPORT
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: PO IS ON LEAVE
Next Purpose: REPORT
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Adv.Balbheem Patil for plaintiff present.   He filed application        (Exh-6) for issuance of writ of summons through Bailiff.
Order- Issue summons through Bailiff.
Matter is adj to 23/03/2023 for report
Next Purpose: REPORT
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.Balbheem Patil for plaintiff present.
Kept back.
Later on at 2.45pm
Adv.Balbheem Patil for plaintiff present.   He filed application      (Exh-7) for extension of time for service of summons through Bailiff.
Order- On last date this court had permitted issuance of summons through Bailiff. Plaintiff failed to take proper steps to lodge summons and that has caused delay more than two months.  Hence, application allowed subject to cost of Rs.3,00/- (Rupees Three Hundred Only) cost to Legal Aid.
Matter is adj to 30/06/2023 for report.
Next Purpose: REPORT
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE -(C.R.NO.61)
Plaintiff and his counsel are absent.
Matter is adj to 13.10.2023 for filing service affidavit and payment of costs.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
The plaintiff and his counsel are absent.
The plaintiff failed to take steps and comply the order dated 23.03.2023.
Matter is adj to 04.11.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 04-11-2023

Date: 04-11-2023
Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and its counsel are absent.
Order below Exh.1.
           Plaintiff and its counsel are absent. The suit is instituted in the year 2019. Writ of summons is not yet served on the defendant. It is apparent from the record and proceedings that the plaintiff is not diligent in serving the writ of summons. The plaintiff was not promptly taking steps to serve the writ of summons and therefore, costs of Rs.300/- was imposed on 23.03.2023 and then the matter was adjourned to 30.06.2023, and then 13.10.2023, and then adjourned for dismissal to 04.11.2023 i.e. today. The plaintiff has neither complied with the order of paying the costs nor attended the Court nor taken the steps. Hence, suit is hereby dismissed under Order 9, Rule 2 of the CPC.
Nature Of Disposal: DISMISSED
Disposal Date: 04-11-2023

Additional Case Details

Filing Number: 112573/2019
Filing Date: 18-11-2019
First Hearing Date: 31st January 2020
Decision Date: 04th November 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

Final Order 1

04 Nov 2023

Order Details: Other
Pdf Text: 24
04/11/2023
SUM 1187/19
CORAM - H.H.J. SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
Plaintiff and its counsel are absent.
Order below Exh.1.
Plaintiff and its counsel are absent. The suit is instituted in
the year 2019. Writ of summons is not yet served on the defendant.
It is apparent from the record and proceedings that the plaintiff is
not diligent in serving the writ of summons. The plaintiff was not
promptly taking steps to serve the writ of summons and therefore,
costs of Rs.300/- was imposed on 23.03.2023 and then the matter
was adjourned to 30.06.2023, and then 13.10.2023, and then
adjourned for dismissal to 04.11.2023 i.e. today. The plaintiff has
neither complied with the order of paying the costs nor attended
the Court nor taken the steps. Hence, suit is hereby dismissed under
Order 9, Rule 2 of the CPC.
Judge
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