Date: 12-02-2019
Business: PW-1 present. Advocate absent.
Adv. Vyavhare for Defendant No.1/MCGM present.
Defendant No.2 present. Her advocate absent.
K.B.
L.O.
Adv. M.L. Varma for Plaintiff present and tendered reply to N/M No.477/19. T.O.R.
Copy served to other side.
Defendant No.2 is directed to tender original N/m on or before next date.
PW.1- Mr.Amritlal Chabbilal Nirmal resumed on S.A.
Cross-examination of PW-1 by advocate for defendant/MCGM is recorded.
Adjd. to 22.02.2019 for N/m hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-02-2019
Date: 22-02-2019
Business: Plaintiff present. Adv. absent.
Adv. Mrs. Vyavhare for Defendant No.1/MCGM present.
Defendant No.2 present. Adv. absent.
K.B.
L.O. 11.55. a.m. Adv. M L. Verma for plaintiff and Adv. Waghle for def. no. 2 are present.
With consent of both ld. Advocates NM NO. 477/2019 will be heard along with the suit. Ld. Advocate for plaintiff orally submits that the plaintiff wants to examine only one witness namely Mr. Ramashray Gupta.
Adjd. to 22.03.2019 for further evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-03-2019
Date: 22-03-2019
Business: Plaintiff present. Adv absent.
Adv. Vyavhare for Defendant No.1/MCGM present.
Defendant No.2 present. Her adv. absent.
K.B.
L.O.
Adv. M.L. Varma for Plaintiff present and tendered affidavit of evidence of PW-2 Mr. Ram Asare Gupta. T.O.R.
Adv. Wagale for Defendant No.2 present and tendered draft N/m along with affidavit. T.O.R.
O - Leave granted to register the draft N/m. on or before next date.
Cross-examination of PW-2 by advocate for Defendant No.2 is recorded.
Advocate for Plaintiff tendered evidence closed pursis. T.O.R. and marked as Exh.50.
Adjd. to 12/04/2019 for Evidence of Deft No.1/ N/m reply.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 12-04-2019
Date: 12-04-2019
Business: Plff present and his Adv. absent.
Adv. Mrs. Vyavhare for MCGM/deft No.1 present.
Deft No.2 present and her Adv. absent.
On oral request of Defendant No.2, adjournment granted as last chance.
Adjd to 6/6/2019 for evidence of Deft No.1/ N/M reply.
LO at 11.30 a.m.
Adv. Mr. M.L. Verma for Plff present.
Adv. Mr. Wagale for Deft No.2 present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 06-06-2019
Date: 06-06-2019
Business: Adv. M. L. Verma for plaintiff present.
Adv. Khandagle for Defendant 1 MCGM present.
None for def. 2.
KB
L.O. at 11.30 a.m. Def. 2 present. Her advocate absent.
On oral request of Adv. for def. 1, adjournment granted as a last chance.
Adjd to 24.06.2019 for evidence of def. 1.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 24-06-2019
Date: 24-06-2019
Business: None for plaintiff.
Adv. Khandagle for MCGM/Deft. 1 present.
None for def. no. 2.
On oral request of ld adv for def., adjournment granted as a last chance.
Adjd to 01.07.2019 for evidence of def/MCGM.
L. O. At Adv. M. L. Verma for plaintiff present.
Def. no. 2 present. Her advocate is absent.
Adv. Wagle for defendant no. 2 present.
Adjd to 01.07.2019 for evidence of def/MCGM.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 01-07-2019
Date: 01-07-2019
Business: None for plaintiff.
None for defendants.
Due to heavy rain board is discharged.
Adjd to 08.07.2019 for NM reply/evidence of defendant/MCGM.
L.O. at 12.25 p.m. Adv. Khandagle for MCGM/Deft. present.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 08-07-2019
Date: 08-07-2019
Business: Plaintiff present, his advocate is absent.
None for def. no. 2.
Adv. Khandagle for MCGM/Deft. 1 present.
Ld. Adv. for def. no. 1 orally requests for adjournment. However, from roznama sufficient chance is given to def. no. 1 to bring witness. The matter is very old i.e. of 2009. hence, prayer for adjournment is rejected. Oral evidence of def. no.1 is closed and matter is now fixed for oral evidence of def. no. 2.
kept back.
L.O at Adv. Sana Kagdi h/f Adv. Wagle for def. no. 2 present.
Adjd to 02.08.2019 for evidence of def. no. 2.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 02-08-2019
Date: 02-08-2019
Business: Court is on leave. Hence, matter is adjd. to next date.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 16-08-2019
Date: 16-08-2019
Business: Plaintiff present
Adv. for Plaintiff absent.
Adv. Khandagle for MCGM/Deft. 1 present.
None for defendant no. 2
K.B. / L.O. at 11.20 a.m.
Adv. Mr. Varma for plaintiff present
Deft no. 2 present, her adv. absent.
On oral request of deft no. 2, adjournment granted.
Adjd. to 19.08.2019 for evidence of deft no. 2
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 19-08-2019
Date: 19-08-2019
Business: P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: RECORDING EVIDENCE P.H.
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: Plaintiff present, his Adv. absent.
None for defendant no. 1/MCGM.
Defendant No. 2 present and her Adv. absent.
K.B.
L.O.
Adv. M.L. Varma for plaintiff present. K.B.
L.O.
Plaintiff present. His Adv. absent.
Adv. Mr. S.C. Khandagale for Deft no.1/MCGM present.
Defendant no.2 present. Her Adv. absent.
Defendant no.2 tendered affidavit of evidence of DW-1 and compilation of documents, t.o.r. and marked at Exh. 51 and 52 respectively. Copies thereof are served to plaintiff and defendant no.1/MCGM. Order on Exh. 52- other side to admit or deny.
Adjd. to 03/10/2019 for Admission/Denial/Cross Exam. DW-1.
Next Purpose: ADMISSION DENIAL
Next Hearing Date: 03-10-2019
Date: 03-10-2019
Date: 13-08-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 31-08-2021
Date: 31-08-2021
Business: None for plaintiff.
Adv Smita Chavan h/f Adv Tondwalkar for defendant no.1/ MCGM present.
Defendant no.2 present. Her advocate is absent.
K.B.
L.O. at 11.40 a.m.
Adv Waghale for defendant no.2 present.
Matter is fixed for final arguments, but plaintiff as well as his advocate is absent. Sufficient chances was given to the plaintiff to argue the matter finally, the advocate for defendant ready to argue the matter. Considering the facts that Suit is old one, therefore, last chance given to the plaintiff, if on the next date plaintiff fail to argue the matter, it will be proceed further in his absence.
Adjd. To 22/09/2021 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-09-2021
Date: 22-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Adv Wagle for defendant no.2 present.
On perusal of record, it appears that this matter is fixed for final arguments since long but not appearing for plaintiff, hence, it appears that plaintiff is not interested to proceed with the matter, therefore, matter is kept for dismissal of Suit.
Adjd. To 22/10/2021 for dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 22-10-2021
Date: 22-10-2021
Business: Plaintiff is present. His advocate absent.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Defendant no.2 present. Her advocate absent.
Plaintiff submitted that his advocate is not feeling well, hence prayed for short adjournment. Time is granted till next date.
Adjd. To 22/11/2021 for final argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant no.1/MCGM is present.
Defendant no.2 present. Her advocate absent.
Defendant no.2 tendered X-ray report and submitted that Dr advised her to take bed rest.Said X-ray report is TOR and marked as Exh.66. Therefore, matter adjourned for final argument.
Adjd. To 06/12/2021 for final arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-12-2021
Date: 06-12-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
Defendant No.2 is present. Her advocate absent.
K.B. L.O. 11.55 a.m.
None for Plaintiff.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
Adv. Mr. Wagale for Defendant No.2 present.
On perusal of record, it appears that this matter is fixed for final arguments since long but no one appearing for plaintiff, hence, it appears that plaintiff is not interested to proceed with the matter, therefore, matter is kept for dismissal of Suit.
Matter is adjd to 07/01/2022 for dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 07-01-2022
Date: 07-01-2022
Business: As Court is on leave, board is discharged.
Next Purpose: DISMISSAL
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. to 04/02/2022 for dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 04-02-2022
Date: 04-02-2022
Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Adjd. to 28/02/2022 for dismissal of Suit.
Next Purpose: DISMISSAL
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: None for plaintiff.
None for defendant no.1 / MCGM.
Defendant No.2 present. Her advocate is absent.
K.B.
L.O. at 11.50 a.m.
None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant No.1/MCGM is present.
Adv. Wagale for Defendant No.2 present.
Defendant No.2 is also present.
Today, Suit is fixed for dismissal for want of prosecution. Matter is fixed for final arguments since 12.02.2020. Since then, many chances were given to the Plaintiff to argue the matter finally. But , neither Plaintiff nor his advocate remained present and shown interest to proceed with the matter. The advocates for the Defendant Nos. 1 and 2 ready to argue matter, therefore, matter was adjourned for argument of Plaintiff. On giving sufficient opportunities, it reveals that Plaintiff fails to argue the matter. So it shows that the Plaintiff is not interested to proceed with the matter. Therefore, on 22.09.2021 lastly Suit was kept for dismissal for want of prosecution. Since then many chances were given to the Plaintiff but, all goes in vain.
Though since last so many dates, matter is kept for dismissal then also neither Plaintiff nor his advocate remained present and proceed with the Suit. It shows that Plaintiff is not interested to proceed with the matter. Considering this, I pass the following order -
Order
1.L.C. Suit No. 2785/09 is dismissed for want of prosecution.
2. In view of disposal of Suit, Notice of Motion No. 477/2019 is disposed of
3. All pending applications are also disposed off and if on the application of Plaintiff in future, suit will be restored then the pending Nm filed by the Defendant No.2 will be restored at the same time.
3. Proceeding is closed.
Nature Of Disposal: DISMISSED
Disposal Date: 28-02-2022
