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SUIT - SHORT CAUSE CIVIL SUIT

Sarju Devanandan Gupta and Ors. +3 moreVsMCGM

CNR MHCC0100160520204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100454/2020
Registration Date
07 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    2
    Protection of Women from Domestic Violence Act · Sec Order 39 · Rule 1

    Case History / Proceedings

    Case History
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: /home/ubuntu/Desktop/Please do careful
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None for plaintiff.
    Matter adjd to 08/03/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: None for plaintiff.
    Adv. Khandagle for deft/MCGM present.
    Matter adjd to 11/06/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: Due to Covid-19 pandemic, matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Due to Covid - 19.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None for plaintiff. Not taken any steps to proceed the matter till today. Hence, kept for dismissal.
    Adjd. To 06/09/2021 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plaintiff.
    None for defendant / MCGM.
    Adjd. To 25/10/2021 for dismissal of Suit.
    Next Purpose: DISMISSAL
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Adv. Mr. Asit Singh for Plaintiff is present and seeks time for service of Writ of Summons upon Defendants. Time is granted till next date.
    Matter is adjd to 20/12/2021 for Service of Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Asit Singh for Plaintiff present and seeks time to serve the Writ of Summons on Defendant/MCGM. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Advocate for Defendant/MCGM submitted that she has not yet received the copy of Plaint. Therefore, Plaintiff is directed to serve the copy of Plaint upon Defendant/MCGM till next date.
    Matter is adjd to 21/03/2022 for service of Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Adjd. To 20/06/2022 for service of writ of summons.
    L.O. at 11.55 a.m.
    Adv Asit Singh for plaintiff present.
    Already adjd. To 20/06/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Asit Singh for plaintiff present and directed to serve the writ of summons to the deft. Time is granted till next date.
    Plaintiff is absent.
    Adjd. to 12/08/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Asit Singh for plaintiff present.
    Adjd. to 19/09/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Asit Singh for plaintiff present and tendered application for discharge, TOR and marked as Exh.2. O - Perused envelops at Exh.4 to 7. Hence, allowed.
    Exh. 3 - Copy of letter dated 08/08/2022.
    Exhs.4 to 7 - Envelops.
    Adjd. to 21/11/2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: None for plaintiff. The suit is of year 2020 and pending since long of writ of summons but plaintiff has not filed writ of summons hence, adjourned for writ of summons with direction that if plaintiff did not file writ of summons, necessary order will be passed on next date.
    Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 21/01/2023 for writ of summons/ necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Court is on leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Adjd. to 17/07/2023 for writ of summons/ necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: None present for plaintiff
    Adjd for service of Writ of Summons/necessary order to 11/10/2023
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None present for plaintiff.
    The suit is filed in the year 2019 and pending for writ of service of summons. Writ of summons has not been served upon corporation. Hence, Issue writ of summons through Bailiff. The plaintiff to provide copy of plaint and annexure.
    Adjd  to 13.12.2023     for Writ of summons /Necessary order
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: None present for plaintiff.
    Adjd to 21.02.2024 for Writ of summons /Necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: None present for plaintiff
    Adjd  to   08.04.2024   for  writ of summons /Necessary order
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Court is on leave, hence matter adjourned.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: None present for plaintiff
    Writ of summons  is not served upon deft/BMC. The suit is of year 2019 but no steps taken for service of writ of summons. Hence matter adjourned and kept for dismissal of suit for want of prosecution.
    Adjd  to  04.05.2024   for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: None present for plaintiff.
    Advocate  Amar Patil h/f Suryavanshi for defendant/BMC present.
    keep back
    Later on 1.30 p.m
        The suit is of year 2020 and  pending since long for service of writ of summons. The plaintiff has not provided copies of the plaint and documents to serve upon deft/BMC. Therefore on previous date matter was adjourned and kept today for dismissal of suit  but inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefore I have no option but to dismiss the suit for want of prosecution. Hence I pass following order -
    ORDER
    Suit is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101765/2020
    Filing Date: 07-02-2020
    First Hearing Date: 03rd April 2020
    Decision Date: 04th May 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    04 May 2024
    Order Details: Other
    Pdf Text: 31 Dt:04.05.2024
    SU 454/20
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Amar Patil h/f Suryavanshi for defendant/BMC
    present.
    keep back
    Later on 1.30 p.m
    The suit is of year 2020 and pending since long for
    service of writ of summons. The plaintiff has not provided
    copies of the plaint and documents to serve upon deft/BMC.
    Therefore on previous date matter was adjourned and kept
    today for dismissal of suit but inspite of that none appeared
    for plaintiff. This shows that plaintiff is not interested to
    proceed with the suit. Therefore I have no option but to
    dismiss the suit for want of prosecution. Hence I pass
    following order -
    ORDER
    Suit is dismissed for want of prosecution.
    Judge
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