Date: 03-03-2020
Business: Matter is called out at 2.47pm
Adv.Prabhakar Shetty for plaintiff present.
Adv.Nikita Pawar a/w Anand Poojari i/b S.J.Joshi and Company for defendant no.1 to 3 present.
Adv.Mahesh Bendre for defendant no.4 and 6 present.
Adv. for seeking time to file reply on N/M No.936/2020. Time granted.
Matter is adj to 09/04/2020 for N/M reply and hearing.
Later on at 3.03pm
Adv.Harshad Agarwal h/f Adv.Vikrant Parashurami for defendant no.5 present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2020
Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020
Date: 21-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020
Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020
Date: 18-06-2020
Business: Due to Corona Pandemic, it seems that parties are absent hence case adjourned to 14.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Business: National lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2020
Date: 31-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020
Date: 27-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon\''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Adjd to 07.01.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-01-2021
Date: 07-01-2021
Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
Adjd to 04.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021
Date: 04-02-2021
Business: Adv. Jalpa Pithadia for def. no. 1 present and tendered registered NM No. 936/20 along with affidavit.
None for defendants.
The defendants have not filed reply to NM No. 936/20 till today. Hence kept for no reply order.
Adjd to 02.03.2021 for No reply order/NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2021
Date: 02-03-2021
Business: Adv. Shetty for plaintiff present and tendered affidavit in reply to NM No. 936/20. Copy served to other side.
Adv. Jalpa for defendant no. 1 to 3 present.
Adv. Saleel for def. no. 4 and 6 present.
On oral request of Ld. Adv. for def. no. 4 and 6 adjournment granted.
Adjd to 05.04.2021 for NM reply of def. no. 4 and 6.
l.o. at 3.05 p.m. Adv. Vinod Singh for proposed def. no. 5 present.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-04-2021
Date: 05-04-2021
Business: Court is on leave, hence board is discharged.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-06-2021
Date: 25-06-2021
Business: Nobody present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM reply to 20/08/2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2021
Date: 20-08-2021
Business: None for plaintiff.
Adv. Jalpa Shah for defendant No. 1 to 3 present.
Adv. Mahesh Bendre for defendant No. 4 and 6 present.
Sheristedar has pointed out that reply is filed by plaintiff on 02.03.2021.
Adjd for NM hearing to 04/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2021
Date: 04-09-2021
Business: None for plaintiff.
Adv. Salil Dabke for defendant No. 4 to 6 present.
Adjd for NM hearing to 26/10/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-10-2021
Date: 26-10-2021
Business: Dt.26/10/2021
Suit 7170/06
NM 936/20
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
None for plff.
Adv. For deft. No 1to3 present.
Adv. For deft no. 4 and 6 present.
Adv. for deft no.4 and 6 filed reply to notice of motion no.936/2020.
Adjd for NM hearing to 26/11/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021
Date: 26-11-2021
Business: Adv. Nikita Pawar for deft NO. 1 to 3 present.
Adv. Advait Hattangadi For defendant No. 5 present.
None for plaintiff.
Reply not filed by deft NO. 4 and 6. hence notice of motion to proceed without reply.
Adjd for NM hearing to 15/01/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2022
Date: 15-01-2022
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2022
Date: 21-03-2022
Business: None for plaintiff.
Adv. Anand Poojari For defendant No. 1 to 3 present and seeking adjournment.
Adv. Salil Dabke For defendant No. 4 and 6 present.
Adv. Gaigi Maideo For deft No. 5 present.
Adv. For defendant NO. 4 and 6 stated that on 26.10.2021 reply is filed however on 26.11.2021 it is noted that reply is not filed hence to proceed without reply. As there is apparent error and deft No. 4 and 6 have filed reply. The question of proceeding without reply will not arise.
The reply of defendant No. 4 and 6 to notice of motion is taken on record.
Adjd for NM hearing to 18/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2022
Date: 18-04-2022
Business: Adv. Advait Hattangadi for defendant No. 5 present.
Adv. For defendant no. 4 and 6 present.
Adv. Bhushan Kanchan for defendant No. 1 and 3 present.
Adjd for NM hearing to 12/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022
Date: 12-07-2022
Business: None for plaintiff.
Adv. Bhushan Kanchan for defendant no. 1 to 3 present and prayed for adjournment - allowed
Adv. Nidhi Giri for defendant no. 4 and 6 present.
Adv. Apurva Thakre for defendant no.5 present.
Matter is adjd.to 12-09-2022 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-09-2022
Date: 12-09-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022
Date: 17-11-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2023
Date: 23-01-2023
Business: PO IS ON HALF DAY LEAVE IN 2ND SESSION.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2023
Date: 08-03-2023
Business: None for plaintiff present.
Adv Sneha Nagda h/f Adv Parshurami for defendant no. 3 present.
None for defendants no. 1,2 and 4 to 6.
Matter is adjd.to 22-06-2023 for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2023
Date: 22-06-2023
Business: Court is on leave, matter adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: None For plaintiff present.
Adv. Meghana Deshmukh for defendant no. 1 to 3 present.
Adv. Roma Naik for defendant no. 5 present.
Today matter is kept for n/m hearing, therefore plaintiff is directed to aruge n/m on next date, otherwise n/m will be heard in their absent.
Matter adjourned for hearing to 08/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2023
Date: 08-11-2023
Business: None for plaintiff present.
Adv. Anjali Sukumaran h/f Vikrant Parashurami for defendant no. 5 present.
Adv. Rahila Memon for defendant no. 1 to 3 present.
Today matter is kept for NM hearing, but neither plaintiff nor his advocate present. Lastly matter adjourned for NM hearing, if on the next date, plaintiff failed to argue the notice of motion, then NM will be kept for dismissal for want of prosecution.
Matter adjourned for NM hearing/dismissal to 06/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: None for Plaintiff present.
Advocate Rahila Memon a/w Advocate Nehal Deshmukh for defendants No.1 to 3 a/w defendant No.2 present.
Advocate Mitali Nibre for defendant No.5 present.
Heard Advocate Nehal Deshmukh in Notice of Motion No.936/2020.
On the last date of hearing, Notice of Motion No.936/2020 was kept for dismissal order under assumption that it was filed by the plaintiff. Advocate Nehal Deshmukh made it clear that Notice of Motion No.936/2020 is filed by defendants No.1 to 3 for filing additional written statement to bring on record matterial fact.
Considering her submission, matter is kept for Notice of Motion hearing.
Matter stands adjourned on 28.03.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2024
Date: 28-03-2024
Business: None for Plaintiff present.
Advocate Apoorva Maurya for defendant No.5 present.
Defendant No.2 in person present.
None for defendants No.1, 3, 4 and 6 present.
Later on at 03.19 pm.
Advocate Rahila Memon h/f Advocate S.I. Joshi and company for defendants No.1 to 3 present.
Matter stands adjourned on 26.07.2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2024
Date: 26-07-2024
Business: None for plaintiff present.
Adv. Rahila Memon i/b SI Joshi and Co. for defendant No.1 to 3 present.
Adv. Apoorva Thakre h/f Adv. Vikrant Parashurami for defendant No.5 present.
Learned Adv. for defendant No.1 to 3 submitted that plaintiff has not filed reply to Notice of Motion No.936/2020. In the circumstances Notice of Motion is heard without reply of plaintiff.
Matter stands adjourned on 31/08/2024 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-08-2024
Date: 31-08-2024
Business: P. O. is on Medical Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: Presiding Officer is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2024
Date: 03-12-2024
Business: None for plaintiff present.
Defendant No.2 present his Adv. absent.
Adv. Dhariya h/f Adv. Vikrant for defendant No.5 present.
None for other defendant present.
Keep Back.
Later on.
None for plaintiff present.
Adv. Reet Jain h/f adv. S. I. Joshi for defendant No.1 to 3 present and seeks time for Notice of Motion hearing. Time granted.
Adv. Dhariya h/f Adv. Vikrant for defendant No.5 present.
None for other defendant present.
Matter adjourned for Notice of Motion hearing.
Matter stands adjourned on 04/02/2025 for Notice of Motion hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: None for plaintiff present.
Defendant No.2 present his Adv. absent.
None for other defendant present.
Keep Back.
Later on.
None for plaintiff present.
Adv. Rahila Memon along with Nehal Deshmukh i/b SI Joshi and Co. for defendant No.1 to 3 present.
Adv. Dharya Thakkar h/f Adv. Vikrant for defendant No.5 present.
None for other defendant present.
Roznama reflects that plaintiff and his Adv. are absent since March 2022. Today also plaintiff and his Adv. are absent. It appears that plaintiff is not interested in proceeding with suit. Adv. for defendant No.1 to 3 has taken out Notice of Motion No.936/2020 for filing additional written statement. However, written statement is not filed along with with Notice of Motion No.936/2020. Apparently, before adjudicating the Notice of Motion, it is worth while to mention that plaintiff is absent since last two and half year and has not filed reply to this Notice of Motion in the suit which is of the year 2006. The roznama speaks that plaintiff has lost interest in proceeding with the suit and it is defendants along who are appearing in the suit. As per submissions of the defendant there is no Counter Claim in this suit. In the aforesaid circumstances when plaintiff and his Adv. are absent since two and half year I proceed to pass following order.
ORDER PASSED BELOW EXHIBIT-1.
1. Suit No.7170/2006 is dismissed in default and for want of prosecution.
2.Parties to bear their own costs.
3.Notice of Motion No.936/2020 is disposed of as suit is dismissed in default.
4.Parties to take note.
5.Proceeding of Notice of Motion No.936/2020 and Suit No.7170/2006 are closed.
Nature Of Disposal: OTHER
Disposal Date: 04-02-2025
