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NOTICE OF MOTION

Arvind Jagannath JadhavVsM/s. Universal Construction Company And Ors

CNR MHCC01000403201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 17th December 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100143/2019
Registration Date
10 Jan 2019

Advocates

3

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-03-2019
    Business: Adv. for plff. present and has filed original writ of summons alongwith affd. of service t.o.r. She has also filed registered N/M No.143/19 along with supporting affd. t.o.r
    Adv. Avinash Salvi for D/1 present and undertakes to file V/P on behalf of D/1.
    Adv.Prem  Pandey for D/2,3 and 4,5 and 6 present and has filed V/P on behalf of D/2,3 and 5 t.o.r. He has undertaken to file V/P on behalf of D/4 and 6
    Matter is adjd. to. 30.04.2019  for reply to N/M No.143/19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2019
    
    Date: 30-04-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-09-2019
    
    Date: 16-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Advocate Ms. Anuradha Joshi for Plaintiff present
    Advocate Ms. Khushbu Pathak for Defendant no.2 to 6 present and submitted that her senior is out of station hence matter may be adjourned.
    None present for Defendant no.1.  As submitted by advocate for Plaintiff that writ of summons is served on Defendant no.1 on 27/11/2018 and till this date, said Defendant has not filed his Written Statement, hence suit to proceed without Written Statement of Defendant no.1.  Written Statement of Defendant nos.2,3,5 and 6 is already on record at Exh.6.  Copy of said Written Statement is served upon Plaintiff\''s advocate. Record shows that Defendant no.4 also has not filed his Written Statement hence suit to proceed without Written Statement of Defendant no.4.
    Case is adjourned to 13/03/2020 for NM for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Defendant no. 5 present and filed affidavit of reply of N.M. no. 143/2019 copy is served upon plaintiffs advocate.
    Adv. Anuradha for plaintiff present.
    Case is adjourned to 22.06.2020 for N.M. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 22-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 19-08-2020
    Business: Due to covid-19 pandemic and lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Business: None present for plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to  08/01/2021 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/ No.1
    Deft No. 5 present.
    Adv Ms. Khushbu for Defendant Nos.2 to 6 present.
    As nobody is present for the Plaintiff, considering the present pandemic condition, matter is adjd.for hearing on Notice of Motion to 22.03.2021.
    L.O. Deft No.3 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: None present for plff.
    Adv Mr. Prem Pandey for deft nos.2 to 6 plff present.
    As nobody is present for plff and as court is busy in other matters, this matter is adjd. for NM hearing to 06.05.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Adv Ms. Jaiswal h/f Adv Manish Rai for the plff. present.
    None present for deft.
    Regular functioning of the Court has started however, local train facility is yet to be started for the public at large. To protect the interest of justice, matter is adjourned till next date.
    Matter is adjd. for NM hearing / order to 28.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: None present for both the parties
    As nobody is presnt for the plff, N.M. No.143/2019 be kept for dismissal order on next date.
    Matter is adjd. for NM dismissal to 24.11.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 24-11-2021
    
    Date: 24-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-02-2022
    
    Date: 24-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-02-2022
    
    Date: 04-02-2022
    Business: Due to covid - 19
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: Adv Mr. Kunal present for plff. and requested to remove the matter from NM dismissal caption.
    None present for deft.
    As nobody is preset for deft, on request of adv for plff, matter be removed from NM dismissal caption and it be kept for NM hearing to 04.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: None present.
    Read the last roznama.  As the plaintiff is absent and failed to proceed with NM. Keep NM for dismissal.
    Matter adjd to 06.09.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv.B.A. Shaikh for plaintiff present.
    None present for deft.
    KB
    LO at 04.00 pm
    Adv.B.A. Shaikh for plaintiff present.
    None present for deft.
    Heard the plaintiff in NM 143/2019. The defendants are absent. Hence, no argument of defendants.
    Matter adjd to 05.11.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-11-2022
    
    Date: 05-11-2022
    Business: None present for plaintiff.
    Adv.Prem Pandey for deft.No.2, 3, 5 and 6 present. He submits that his affidavit in reply shall be considered as his argument.
    Matter adjd. to 17.12.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-12-2022
    
    Date: 05-11-2022
    Business: None present for plaintiff.
    Adv.Prem Pandey for deft.No.2, 3, 5 and 6 present. He submits that his affidavit in reply shall be considered as his argument.
    Matter adjd. to 17.12.2022 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Plaintiff  is absent.
    Defendant No.5 in person present.
    k.b.
    later on 5.55 p.m.
    F.R.S.R. Following order is passed in NM 143 of 2019
    Order in NM 143 of 2019
    1. The NM 143 of 2019 is dismissed.
    2.  Costs shall follow the event.
    Matter adj. to 14.02.2023  for Written Statement / issues.
    Judge
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100349/2019
    Filing Date: 10-01-2019
    First Hearing Date: 13th March 2019
    Decision Date: 17th December 2022
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    17 Dec 2022

    Order Details: Notice of Motion Pdf Text: 1 N/M NO.143/2019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 143 OF 2019 IN S.C. SUIT No. 2892 OF 2018 Arvind Jagannath Jadhav ...Plaintiff. V/s. 1. M/s. Universal Construction Company & Ors. … Defendants. Appearance Advocate Mr. Manish Rai for the plaintiff. Advocate Ms. Hemali Bane I/b. Ajay Law Associates for defendant CORAM : HHJ Rajesh A. Sasne (C.R.NO.62) Date : 17th December, 2022 O R D E…

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