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SUIT - SHORT CAUSE CIVIL SUIT

M/s. Nirmiti Realties Pvt. ltd.VsDesignated Officer +1 more

CNR MHCC0100141920186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th February 2021

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100261/2018
Registration Date
25 Jan 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 34 · 37 · 38

    Case History / Proceedings

    Case History
    Date: 29-01-2018
    Business: Advocate Mr. Gandhy for plaintiff present and filed draft NM.
    Advocate Mr. Sutar for deft./BMC present.
    Heard arguments by Ld. Advocate for plaintiff on ad interim.
    Adjourned for ad interim hearing by defendant to 30.01.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 30-01-2018
    
    Date: 30-01-2018
    Business: Advocate for plaintiff present.
    Advocate Mrs. Valvi for deft./BMC present.
    Adjourned for ad interim hearing to 03.02.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 03-02-2018
    
    Date: 03-02-2018
    Business: Advocate Mrs. Lahane for plaintiff present.
    Advocate Mrs. Valvi for deft./BMC present and submitted that  matter be kept on next date.
    Till then defendant-corporation is directed not to take any coercive action.
    Adjourned for ad interim hearing to 14.02.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 14-02-2018
    
    Date: 14-02-2018
    Business: Advocate Mrs. Lahane for plaintiff present.
    Advocate Mr. Sutar for deft./BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned ad interim order to 15.02.2018.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 15-02-2018
    
    Date: 15-02-2018
    Business: Advocate for plaintiff present.
    Advocate for deft./BMC present.
    FRSR. The following order is passed in draft notice of motion -
    ORDER
    1.   The defendant, their agent, servant or anybody on behalf of them are hereby restrained from taking any action on the basis of impugned notice and order till next date.
    2.   Notice of motion be registered.
    Adjourned for Filing Writ of Summons to 14.06.2018.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Advocate Ms. Lahane for plaintiff present and filed registered NM No.1070/18 a/w original writ of summons.
    Advocate Mr. Kumawat for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for reply to NM and W.S. to 11.09.2018.
                                                                               Judge
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Advocate for plaintiff is present.
    Advocate Mrs. Meena Dhuri for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for reply to NM to 29.10.2018.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Business: Advocate for plaintiff present.
    Advocate Mr. Kumawat for deft./MMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for reply to NM to 16.01.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Sutar for deft./MMC present and requested short adjournment.
    Earlier order, if any, to continue till next date.
    Adjourned for reply/hearing on NM to 08.03.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Kumawat for deft./MMC present and requested short adjournment to file reply.
    Earlier order, if any, to continue till next date.
    Adjourned for ch/s and NM reply to 19.06.2019.
                                                                               Judge
    Next Purpose: REPLY
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Advocate for plaintiff present.
    Advocate Mr. Kumawat for deft./MMC present and filed reply cum written statement at Exh. 02.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 21.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: CORAM -H.H.J. SHRI. S. N. YADAV (C.R.05)(Incharge of CR. NO. 06)
    (Matter pertains to C.R. 6)
    Advocate for plaintiff is present.
    Advocate for defendant absent.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 04-10-2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: Advocate for plaintiff is present.
    Advocate Mr. Kumawat for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 06.01.2020.
                                                                               Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Advocate for plaintiff is present.
    Advocate Mr. Kumawat for defendant/BMC is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 21.02.2020.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: As court is on leave. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    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: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Authorised representative of plaintiff present.
    Advocate for plaintiff present and filed withdrawal application. (Exh - 3)
    Advocate Mrs. Patil for defendant/BMC Present.
    Order Below Exh-3
    	Plaintiff has filed application Exhibit-3 for unconditional withdrawal of suit. The authorized representative of plaintiff is present. The copy of resolution of meeting of Board of directors of plaintiff company authorizing the authorized representative is filed along with the application. The authorized representative of plaintiff is admitting the contents as well as his signature in this application. He has orally submitted that he wants to withdraw the suit unconditionally. Defendant/BMC has submitted to the orders of the court. As plaintiff is not intending to proceed with his suit, there is no propriety in retaining the suit. Therefore, aforesaid reasons, the application deserves to be allowed. Therefore application Exh- 3 is allowed.
    Order Below Exh-1
    1. In view of order below Exh-3, Suit is disposed of as withdrawn unconditionally.
    2. Issue court fee refund certificate as per rules.
    3. Notice of Motion no. 1070/2018 is accordingly disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 08-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101565/2018
    Filing Date: 25-01-2018
    First Hearing Date: 22nd March 2018
    Decision Date: 08th February 2021
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    4
    Final Order 2
    08 Feb 2021
    Order Details: Order below exhibit
    Pdf Text: : 1 :
    Dt:08022021
    Suit 2612018
    Authorised representative of plaintiff present. Advocate for
    plaintiff present and filed withdrawal application. (Exh 3)
    Advocate Mrs. Patil for defendant/BMC Present. Order Below
    Exh3 Plaintiff has filed application Exhibit3 for unconditional
    withdrawal of suit. The authorized representative of plaintiff is
    present. The copy of resolution of meeting of Board of
    directors of plaintiff company authorizing the authorized
    representative is filed along with the application. The
    authorized representative of plaintiff is admitting the contents
    as well as his signature in this application. He has orally
    submitted that he wants to withdraw the suit unconditionally.
    Defendant/BMC has submitted to the orders of the court. As
    plaintiff is not intending to proceed with his suit, there is no
    propriety in retaining the suit. Therefore, aforesaid reasons,
    the application deserves to be allowed. Therefore application
    Exh 3 is allowed. Order Below Exh1 1. In view of order below
    Exh3, Suit is disposed of as withdrawn unconditionally. 2.
    Issue court fee refund certificate as per rules. 3. Notice of
    Motion no. 1070/2018 is accordingly disposed of.
    -- 1 of 1 --
    Interim Order 1Full order available
    15 Feb 2018

    Order Details: Notice of Motion Pdf Text: Draft NM. : 1 : SUIT NO.261/2018 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY DRAFT NOTICE OF MOTION IN SUIT NO. 261 OF 2018. M/s.Nirmiti Realties Private Limited...} .. Plaintiff. Versus. 1. Designated Officer } Asst. Engineer (Bldg. & Fact.)II } G/South Ward Office Building, } N.M. Joshi Marg, Elphinstone, } Mumbai 400 018 & Ors... } .. Defendants. Advocate Mr. P.D.Gandhy for Plaintiff. Advocate Mrs. Valvi for Defendant /BMC. CORAM…

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    Order 2
    08 Feb 2021
    Order Details: Order below exhibit
    Pdf Text: : 1 :
    Dt:08022021
    Suit 2612018
    Authorised representative of plaintiff present. Advocate for
    plaintiff present and filed withdrawal application. (Exh 3)
    Advocate Mrs. Patil for defendant/BMC Present. Order Below
    Exh3 Plaintiff has filed application Exhibit3 for unconditional
    withdrawal of suit. The authorized representative of plaintiff is
    present. The copy of resolution of meeting of Board of
    directors of plaintiff company authorizing the authorized
    representative is filed along with the application. The
    authorized representative of plaintiff is admitting the contents
    as well as his signature in this application. He has orally
    submitted that he wants to withdraw the suit unconditionally.
    Defendant/BMC has submitted to the orders of the court. As
    plaintiff is not intending to proceed with his suit, there is no
    propriety in retaining the suit. Therefore, aforesaid reasons,
    the application deserves to be allowed. Therefore application
    Exh 3 is allowed. Order Below Exh1 1. In view of order below
    Exh3, Suit is disposed of as withdrawn unconditionally. 2.
    Issue court fee refund certificate as per rules. 3. Notice of
    Motion no. 1070/2018 is accordingly disposed of.
    -- 1 of 1 --
    Order 1Full order available
    15 Feb 2018

    Order Details: Notice of Motion Pdf Text: Draft NM. : 1 : SUIT NO.261/2018 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY DRAFT NOTICE OF MOTION IN SUIT NO. 261 OF 2018. M/s.Nirmiti Realties Private Limited...} .. Plaintiff. Versus. 1. Designated Officer } Asst. Engineer (Bldg. & Fact.)II } G/South Ward Office Building, } N.M. Joshi Marg, Elphinstone, } Mumbai 400 018 & Ors... } .. Defendants. Advocate Mr. P.D.Gandhy for Plaintiff. Advocate Mrs. Valvi for Defendant /BMC. CORAM…

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