Case Details

M/S. V. M. Print Trade Supplies Vs Multimedia Frontiers Ltd.

Case Details

casenoCase TypeSMST S
casenoFiling Number49/2003
casenoRegistration Number49/2003
caseno Filing Date29-03-2003
hearingRegistration Date29-03-2003
hearingFirst Hearing Date02nd March 2010
dateDecision Date23rd January 2018
casestatusCase StatusCase Disposed
courtCourt Number and Judge3-Principal Senior Civil Judge;
natureNature of DisposalUncontested--Dismissed For Want Prosecution;

Petitioners & Respondents

contactsPetitioner

M/S. V. M. Print Trade Supplies, ;

contactsPetitioner Advocate

R A Patel;

contacts Respondent Name

Multimedia Frontiers Ltd.;

contactsRespondent Advocate

A L Dave;

Order Details

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Order Details

Order not found.

Final Order Judgement

orderdateOrder Date23-01-2018 documents
ORDER BELOW Exh Order below Exh. 1 in Sp. Smr. St. No. 49 of 2003 IN THE COURT OF PRINCIPAL SENIOR CIVIL JUDGE AT GANDHINAGAR ------------------------------------------------------------------------------------ Order below Exh. 1  in  Special Summary Suit No. 49 of 2003 ==================================================== 1. It appears from the record and proceeding that this summary suit is filed in the year January, 2013 but as the defendant had not filed leave to defend application against summons for judgment, the suit of plaintiff came to be decreed and defendant was ordered to pay Rs.3,85,064/- alongwith interest as prayed for. 2. However, such decree challenged before the Hon'ble High Court of Gujarat vide Special Civil Application No. 3000/2006 and this fact is envisaged by an application produced at Exh. 20 as well as order of Hon'ble High Court of Gujarat vide mark 22/2. It further appears that the Hon'ble High Court had set aside ex-parte decree passed by this court previously and restored this very suit on the file of this particular court. 3. It transpires from the court notice, produced on record vide Exh. A, Exh. 25, Exh. B, Exh. 26 and Exh. C that even after issuance of such notice, the report of bailiff clearly discloses that it has not been served upon defendant on ground that defendant company has been closed for last seven years and some other company is proceeding its work there. The notice upon the advocate of defendant has also returned unserved with the report of bailiff that learned advocate of defendant i.e. Mr. Dhiren M. Raval has expired. The notice upon learned advocate of    Principal Senior Civil Judge  Gandhinagar 1/2 Order below Exh. 1 in Sp. Smr. St. No. 49 of 2003 plaintiff has been served properly since long as well as in the year April, 2017. The record clearly shows that inspite of service of notice, nobody remained present before the court till today. Defendant company is not working their at the address shown in the cause title of the plaint. The plaintiff company has not made any clarification or submitted new address of defendant company. Therefore, in view of the discussion made hereinabove, the plaintiff poorly failed to proceed with the matter after its restoration and therefore the suit of plaintiff company requires to be dismissed and dismissed accordingly by passing following order. ORDER 1. The suit of plaintiff bearing Special Summary Suit No. 49 of 2003 is hereby dismissed for want of prosecution. Order singed and pronounced in the open Court today on  this the 23rd Day of January, 2018. Place: Gandhinagar             (Chaitanya R. Barot) Date :  23.01.2018     GJ00352         Principal Senior Civil Judge                                                                      Gandhinagar.  Dhiman/GNR    Principal Senior Civil Judge  Gandhinagar 2/2