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Commercial Suit

Ghevariya ExportsVsOm Shanti Diam +1 more

CNR MHCC01013164201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th February 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
100383/2020
Registration Date
15 Feb 2020

Advocates

2

Parties

3

Acts & Sections

2
MAHARASHTRA COURT FEES ACT · Sec 138
Protection of Women from Domestic Violence Act · Sec Order 37

Case History / Proceedings

Case History
Date: 16-03-2020
Business: Advocate for plaintiff is present and requested extension of time to serve writ of summons. Time is extended.
None present for defendant.
Adjourned for service of writ of summons to 27.03.2020.
                                                                               Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Business: National lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Business: National Lockdown due to Covid 19.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-07-2020

Date: 23-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-08-2020

Date: 21-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for writ of summons to 06.11.2020.
                                                                               Judge
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 25-01-2021

Date: 25-01-2021
Business: Court is on leave.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Adv. Mr. Jain for plaintiff, prayed for longer date.
None for defendant.
Plff to take proper steps.
Matter is adjd.to 23.03.2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 23-03-2021

Date: 23-03-2021
Business: Adv. Mr. Ramesh Jain for plaintiff, prayed for adjd.
None for defendant.
Matter is adjd.to 15.06.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 15-06-2021

Date: 15-06-2021
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-07-2021

Date: 14-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 24.08.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None for plaintiff.
On perusal of record, it appears that the plaintiff has not taken steps for service of writ of summons on the defendants. Hence, the plaintiff is directed to take steps for service of writ of summons on or before the next date failing which necessary order will be passed.
Matter is adjd.to 27-09-2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: Adv. Ramesh Jain for plaintiff present and submitted that time may be extended for service of writ of summons. Considering, his submission, time is extended for service of writ of summons.
None for defendant
Matter is adjd.to  16-11 -2021 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: None for plaintiff.
 Matter is adjd.to 03-01-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None for plaintiff.
The plaintiff is directed to take steps for service of writ of summons upon the defendant on or before the next date failing which necessary order will be passed.
Matter is adjd.to 08-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: None for plaintiff.
None for defendant.
Matter is adjd.to 17-03-2022 for writ/sum.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-03-2022

Date: 17-03-2022
Business: Adv. Ramesh Jain  for plaintiff present.
The plaintiff is directed to issue writ of summons for service upon the defendant
 Time is extended for service of writ of summons.
Matter is adjd.to 06-06-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. Ramesh Jain for plaintiff present and seeks time.
Adjd for writ of summons to 28/07/2022
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: None for plaintiff present
None for defendant present
plaintiff is directed to serve the writ of summons and file the report.
Adjd. to 16.09.2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 16-09-2022

Date: 16-09-2022
Business: Court is on leave
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None present when called.
Plaintiff to file affidavit of service on next date.
Adjd for affidavit of service to 07/12/2022
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 07-12-2022

Date: 07-12-2022
Business: Adv. Ramesh Jain for plaintiff present.
Plaintiff is directed to file affidavit of service on next date.
Adjd for affidavit of service to 13/01/2023
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: None for plaintiff.
None for defendant.
Plaintiff is directed to file affidavit of service.
Case adjourned for affidavit of service to 18-02-2023.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Court is on leave
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: None present.
Matter is referred for lok adalat.
Case is adjourned to 30.04.2023 for lok adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 30-04-2023

Date: 30-04-2023
Business: Adv. Ramesh Jain present for the plff.
None present for the deft.
Case is not settled in Lok Adalat.
Adj. to 03/07/2023.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 03-07-2023

Date: 03-07-2023
Business: Ghevariya Exports Vs Om Shanti Diam
All called, but absent
plaintiff to take steps regarding service. Else, put for necessary order.
Matter adjourned to 18.09.2023 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: Ghevariya Exports Vs Om Shanti Diam
Court hall shifted from 3rd Floor to 1st Floor on 16.09.2023.
All called, but absent.
Parties to take steps.
Matter adjourned to 05.10.2023 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 05-10-2023

Date: 05-10-2023
Business: Ghevariya Exports Vs Om Shanti Diam
All called, but absent.
Matter adjourned for Lok-Adalat.
Matter adjourned to 09.12.2023 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 09-12-2023

Date: 09-12-2023
Business: Parties and their advocates are absent.
Matter adjd to 20.01.2024.
Next Purpose: FOR___________________
Next Hearing Date: 20-01-2024

Date: 20-01-2024
Business: Court hall shifted from City Civil Court Building, Fort to Mazgaon Court Building, Mazgaon on 02.01.2024
Ghevariya Exports V/s Om Shanti Diam
Plaintiff side called, but absent.
Suit is filed on 16.12.2019 and it is pending for service.
Plaintiff to take steps. Else, put for dismissal order.
Case adjourned to 20.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-02-2024

Date: 20-02-2024
Business: Ghevariya Exports V/s Om shanti Diam
Plaintiff side called, but absent.
Plaintiff to take steps.
Suit adjourned to 27.02.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 27-02-2024

Date: 27-02-2024
Business: Ghevariya Exports V/s OM Shanti Diam

All called, but absent.

Suit is filed on 16.12.2019, as Commercial Suit No. 100383 / 2020, for recovery of Rs. 6,20,515.74/- with interest @ of 18 percent per annum.
Till date, plaintiff has failed to secure presence of defendants, who are resident of Mumbai.
Roznama shows that, plaintiff is regularly absent.
Vide Orders Dt. 16.02.2021, 24.08.2021, 03.01.2022, 17.03.2022, 28.07.2022, 17.10.2022, 07.12.2022,  13.01.2023, 03.07.2023, 20.01.2021 and 20.02.204, plaintiff was directed to take steps. Despite that, plaintiff failed to take steps.

Sufficient time and opportunities were available to the plaintiff for taking steps.
It appears that, plaintiff is not interested in trial and hence, is not taking any steps. It is also not his case that, the dispute is subjudice before the Honorable Appellate Court  and hence he is not taking any steps.
No reason is forthcoming for absence and inactivity of plaintiff. Therefore, no purpose would be served by keeping the Suit  pending for indefinite period. Hence, following order is passed.
Order
1.   Commercial Suit No. 100383 / 2020, Ghevariya Exports V/s Om Shanti Diam, is dismissed for want of prosecution.
2.  Order dictated and pronounced in open Court at 17.00 Hrs.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 27-02-2024

Additional Case Details

Additional Case Details
Filing Number: 113942/2019
Filing Date: 16-12-2019
First Hearing Date: 16th March 2020
Decision Date: 27th February 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
27 Feb 2024

Order Details: Other Pdf Text: 27.02.2024 Coram : HHJ Shri V. S. Hingne, Additional Judge, (Court Room No.31) Sr. No.7 Commercial Suit No. 100383/2020 Ghevariya Exports V/s OM Shanti Diam All called, but absent. Suit is filed on 16.12.2019, as Commercial Suit No. 100383 / 2020, for recovery of Rs. 6,20,515.74/- with interest @ of 18 percent per annum. Till date, plaintiff has failed to secure presence of defendants, who are resident of Mumbai. Roznama shows that, plaintiff is regularly…

Read Full Order

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