Date: 13-01-2020
Business: Plaintiff and his advocate absent.
Adv. Mr. Nandanwar for defendant MCGM Present .
Mater is adjd to 05.02.2020 for reply on n.m.
L. O. at 03.49 p.m.
Adv. Ms. Smita Patel (Partner of Plff.) present and filed tendered register notice of motion no. 142/2020 alongwith affidavit t.o.r.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-02-2020
Date: 05-02-2020
Business: Plaintiff and advocate absent.
Adv. Mr. Nandanwar for the defendant MCGM present
Matter is adjd to 04/03/2020 for reply on n.m.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-03-2020
Date: 04-03-2020
Business: Plaintiff and Advocate absent.
Adv. Mr. Nandanwar for MCGM/deft present.
MCGM not filed reply. Suit be proceeded without reply of notice of motion.
Matter is adjd to 13/04/2020 for hrg.on n.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-04-2020
Date: 13-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2020
Date: 28-04-2020
Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 19.05.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-05-2020
Date: 19-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020
Date: 06-06-2020
Business: COVID-19 LOCKDOWN.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020
Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: covid-19, adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-10-2020
Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Plaintiff in person present.
Adv Nandanwar present for MCGM/defendant no.1.
None present for defendant no.2.
Defendant no.2 is absent. According to plaintiff defendant no.2 is not filing reply on NM No.142/2020 of plaintiff since long. Hence keep for order against defendant no.2 regarding no reply and arguments on NM No.3151/19.
Matter adjourned for reply and arguments to 06.01.2021.
Next Purpose: REPLY
Next Hearing Date: 06-01-2021
Date: 06-01-2021
Business: Plaintiff Smita Patel in person present.
Adv Nandanwar present for MCGM/defendant no.1.
None present for other defendant.
Matter adjourned for reply and arguments to 01.02.2021.
Next Purpose: REPLY
Next Hearing Date: 01-02-2021
Date: 01-02-2021
Business: Plaintiff Smita Patel in person present.
Adv Nandanwar present for MCGM/defendant.
Adv Sushma Singh present for defendant no.2.
Plaintiff submitted and served reply of delay condonation application, reply on the application of rejection of plaint served on other side, copy of NM No.142 of 2020 of plaintiff served on adv of defendant.
Matter adjourned for rejoinder if any to 10.02.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021
Date: 10-02-2021
Business: Plaintiff in person present.
Adv Soraan/Nandanwar present for MCGM/defendant.
Adv Sushma Singh present for defendant no.2.
Adv of defendant no.2 filed affidavit in rejoinder on NM No.3151/2019.
Adv of defendant no.2 filed affidavit in rejoinder on NM No.2387/2019.
Adv of defendant no.2 filed affidavit in reply on NM No.142/2020.
Copy served upon other side.
F.R.S.R.Following order is passed below NM No.2387/2019-
ORDER
1. Notice of Motion No.2387/19 stands allowed subject to cost Rs.500/- payable to legal aid for said delay.
2. After above compliance WS be exhibited.
3. The above notice of motion stands disposed off.
Matter adjourned for payment of cost/compliance to 05.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-03-2021
Date: 05-03-2021
Business: None present for plaintiff.
Adv Soraan/Nandanwar present for MCGM/defendant.
Matter adjourned for compliance to 31.03.2021.
LO at 3.50 pm
Plaintiff present.
Defendant no.2 present and sought adjournment.
By consent Matter adjourned for compliance to 31.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: None present for plaintiff.
Adv Soraan present for MCGM/defendant.
Matter adjourned for compliance to 11.06.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-06-2021
Date: 11-06-2021
Business: Due to Covid-19 Matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 03-07-2021
Date: 03-07-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
Next Purpose: COMPLIANCE
Next Hearing Date: 21-08-2021
Date: 21-08-2021
Business: As court is busy in order on Chamber summons 377/2019 in Suit no. 2505/2011 and hearing urgent arguments in Suit No. 1600/2016 and in By Praciepe Suit St. No. 6122/21 hence, remaining board is discharged and matter is adjd. to.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Business: Adv. absent for plaintiff.
Plaintiff in person present.
Adv. Sushma Singh present for defendant no. 02 and submitted that cost as per order in NM no. 2387/19 is already paid.
Adv. absent for MCGM/defendant no. 01.
Matter adjourned for nm hearing to. 18/10/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021
Date: 18-10-2021
Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: None present for plaintiff.
Adv. Diwate present for MCGM/defendant no. 01
Adv. Sushama Singh present for defendant no. 02 and sought adjournment.
Matter adjourned for nm hearing to. 12/01/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-01-2022
Date: 12-01-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence , Matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-02-2022
Date: 16-02-2022
Business: Adv. absent for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
Partner of Plaintiff company in person present.
Matter is adjd. for nm hearing to 28/03/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2022
Date: 28-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2022
Date: 22-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022
Date: 04-07-2022
Business: As court is busy.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022
Date: 07-10-2022
Business: None for Plaintiff.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Matter is adjd for NM hearing on 30-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-11-2022
Date: 30-11-2022
Business: Plaintiff in person is present.
Adv. Mr. Diwate for MCGM/ defendant no. 1 present.
None for deft no.2.
Matter is adjd for NM hearing on 06-01-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2023
Date: 06-01-2023
Business: As Court is busy in urgent hearing in Suit No. 2784 of 2006 and Suit No.8206 of 1984. Hence want of time board is discharged.
Matter is adjd for NM on 10-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: None for Plaintiff.
Adv Sushma Singh for deft no. 2 present.
None for BMC.
Matter is adjd for NM hearing on 24-03-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2023
Date: 24-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2023
Date: 21-06-2023
Business: None for Plaintiff.
Adv. Sushma Singh for D-2 present.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 19.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2023
Date: 19-07-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Adv. Sushma Singh for D-2 present.
Ld. Adv. for D-2 has filed intimation about the death of plaintiffs partner Smita Patel along with copy of death certificate. TOR and marked at Exh. 9
Matter is adjd to 09.08.2023 for steps/passing abatement order.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-08-2023
Date: 09-08-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 18.10.2023 for taking steps.
L.o. at 3.05 p.m. Adv. Sushma Singh for D-1 present.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-10-2023
Date: 18-10-2023
Business: None for Plaintiff.
Adv. Sushma Singh for D-2 present.
Adv. Pradip Patil for MCGM present.
Matter is adjd to 21.10.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-10-2023
Date: 21-10-2023
Business: None for Plaintiff.
Adv. Shahpurkar h/f Adv. Sushma Singh for D-2 present.
Adv. Ms. Rawade for MCGM present.
Considering the submissions of the Ld.A dv. For D-2, it reveals that on 19.07.2023, intimation was filed about the death of the plaintiff who is the partner of the plaintiff firm. However, it reveals that no steps are taken inspite of passing more than 3 months from the date of filing the intimation Exh. 9. Hence, matter be kept for passing abatement order.
Matter is adjd to 13.12.2023 for passing abatement order.
Next Purpose: ORDER
Next Hearing Date: 13-12-2023
Date: 13-12-2023
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
The P.O. is busy in hearing ad-interim hearing. Hence, adjourned.
Matter is adjd to 09.02.2024 for passing abatement order.
Next Purpose: ORDER
Next Hearing Date: 09-02-2024
Date: 09-02-2024
Business: None for Plaintiff.
Adv. Pradip Patil for MCGM present.
Kept back
Later on a.m. 1.45p.m.
Today also none appeared for the plaintiff. On the other hand, on behalf of defendant no. 2 intimation pursis Exh. 9 has been filed on record along with copy of death certificate of Smita Patel who has filed this suit as being one of the partners of the plaintiff firm to show that she is expired on 31.01.2023. However, till this date, no steps are taken to bring legal representative of the plaintiff firm so as to proceed with this suit. Since long nobody is appearing on behalf of the plaintiff. ON the other hand, it is contended on behalf of D-2 by pursis Exh. 9 for passing no order of abatement of suit. Thus, considering all these circumstances, there is no propriety by keeping the case in abeyance for want of bringing the Legal representative of the plaintiff firm on record. Hence, following order is passed -
ORDER
1. Suit stands disposed off as abated.
2. In view of disposal of the suit, NM No. 3151/19 and NM No. 142/20 disposed off accordingly for want of prosecution.
3. L. C. Suit No 696 of 2019 disposed of accordingly.
Nature Of Disposal: ABATED
Disposal Date: 09-02-2024
