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SUIT - SHORT CAUSE CIVIL SUIT

Indus Towers LimitedVsMCGM +1 more

CNR MHCC01002692202011-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 12th November 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101300/2020
Registration Date
01 Dec 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec Order 39

    Case History / Proceedings

    Case History
    Date: 02-12-2020
    Business: Adv. Amit Khairwal for Plaintiff prayed for adjournment.
    Adv. Mhatre  for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd.to 04-01-2021 for N/M and C/S Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Adv. Ms. Kamini Suhas for plaintiff present and requested for short adjournment. She also requested to continue earlier order.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd.to 12.02.21 for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: Adv. Mr. Amit Khairwal for plaintiff present and requested for short time for compliance.
    Adv. Ms. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjourned for NM hearing to 24.02.21.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: Adv. Kamini Suhas for plaintiff present.
    Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
    Earlier order if any, to continue till next date.
    Matter is adjourned for NM reply to 28.04.21.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: None present for plaintiff.
    Adv. Mr. Khandagale  for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjourned for NM reply to 17.09.2021.
                                                                                   Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Kamini Suhas for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 22.10.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Kamini Suhas for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 15.12.2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Mr. Amit Khairwal for plaintiff is present.
    Adv. Mr. Khandagale for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file NM reply.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 21/02/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2022
    
    Date: 21-02-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 20.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: H.H.J. gone to training, hence matter adjourned to 01-07-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: Adv. Ms. Kamini Suhas for the plaintiff is present and orally requested for time to tender registered Ch/s./ NM. Time is granted till the next date. In default, the draft Ch/s and NM would stand dismissed.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    KB LO at 04:10 pm.
    Advocate for defendant endorsed say on draft Ch/s.
    Heard both the sides on draft Ch/s.
    Earlier order, if any, to continue till the next date.
    Adjourned for registration of Ch/s and NM/Ch/s Order/NM reply to 11.07.2022.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Mr. Amit Khairwal for the plaintiff is present and filed original registered Ch/s No. 925/2022 and NM No. 2295/2022 along-with affidavits. TOR.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB LO at 05:00 pm.
    F.R.S.R. following order is passed on Ch/s No. 925/2022:
                                        ORDER
    (i).	Chamber Summons No. 925/2022 is made 	absolute in terms
              of prayer Clause (a) only.
    (ii). 	The plaintiff is directed to carry out the proposed 	amendment in the plaint, positively within two weeks from
              the passing of this Order and to file copy of amended plaint
              simultaneously.
    
    (iii). 	Costs to follow the event.
    
    (iv).	Chamber Summons No. 925/2022, accordingly, stands
             disposed off.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance/NM reply and WS  25.07.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Adv. Mr. Khairwal for the plaintiff is present and orally requested for time to comply the Ch/s. Granted.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for compliance/NM reply and WS to 19.09.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Ms. Kamini Suhas present for the plaintiff and orally requested time to serve copy of amended plaint. Time is granted strictly as a last chance. In default, the suit would stand dismissed.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for Compliance/WS to 25.11.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-11-2022
    
    Date: 25-11-2022
    Business: HHJ is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Ms. Kamini Suhas for the plaintiff is present and filed the copy of amended plaint. TOR. It is marked at Exh.1/A. O- Filed. Copy is supplied to the other side.
    Adv. Mrs. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 01.04.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Matter pertains to C.R.No.11.
    Adv. Ms. Mukharjee for the plaintiff is present.
    Adv. Mrs. Mhatre h/f Mr. Giri for defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for 05.06.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-06-2023
    
    Date: 05-06-2023
    Business: Adv. Ms. Kamini Suhas for the plaintiff present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and orally requested time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply/WS to 31.07.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-07-2023
    
    Date: 31-07-2023
    Business: Adv. Mr. Divya Patel for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply and WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 13.10.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-10-2023
    
    Date: 13-10-2023
    Business: Adv. Mr. Divya Patel for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and requested time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 11.12.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-12-2023
    
    Date: 11-12-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Mr. Druv Patel for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for Reply to 22/01/2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2024
    
    Date: 22-01-2024
    Business: Adv. Mr. Divya Patel for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 20.03.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-03-2024
    
    Date: 20-03-2024
    Business: Adv. Mr. Divya Patel i/b Link Legal for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 10.06.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: None present for the plaintiff.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 07.08.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2024
    
    Date: 07-08-2024
    Business: Adv. Mr. Divya Patel for the plaintiff is present.
    Adv. Mr. Arvind Rathod for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 09.10.2024.
                                                                                                     Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv. Mr. Divya Patel for the plaintiff is present. Adv. Mr. Arvind Rathod a/w Adv. Mr. Shinde for defendant/MCGM is present and sought time to file NM reply/WS. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 09.12.2024.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2024
    
    Date: 09-12-2024
    Business: Matter pertains to C. R. No. 11
    None present for the plaintiff.
    Adv. Mr. V.G. Shinde for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 01.02.2025.
                                                                                              I/C Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-02-2025
    
    Date: 01-02-2025
    Business: Matter pertains to C.R. No.11
    None present for the plaintiff. Adv. Mr. S.R. Yadav h/f Adv. Mr. Botlawar for defendant/BMC is present. Earlier order, if any, to continue till next date.
    Adjourned for NM reply to 24.03.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2025
    
    Date: 24-03-2025
    Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present. The Court is busy in dictating Judgment in targeted SU No. 893/2008 and Order in NM Nos. 348/2016 and 2601/2019. Hence, board discharge from Sr. No. 65 onward. Earlier order, if any, to continue till next date.
    Adjourned for NM reply/WS to 05.07.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: Adv. Mr. Darshan Jain i/b Link Legal Indial for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
    Adjourned for NM reply to 12.09.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-09-2025
    
    Date: 12-09-2025
    Business: Adv. Mr. Aayush Morande for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde for defendant/BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
    Adjourned for NM reply to 10.11.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-11-2025
    
    Date: 10-11-2025
    Business: None present for the plaintiff. Adv. Mr. Botlawar for defendant/ BMC is present and sought time to file NM reply. Time is granted. Earlier order, if any, to continue till next date.
    Adjourned for NM reply to 12.11.2025.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-11-2025
    
    Date: 12-11-2025
    Business: Adv. Mr. Aayush Morande for the plaintiff is present and filed additional affidavit to bring on record subsequent event at Exhibit 4 O- Seen and filed along-with application for unconditional withdrawal of suit at Exhibit 5. O- Filed. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde for defendant/BMC is present.
    Order below Exhibit 1 :
    	On behalf of the plaintiff Mr. Adarsh Diwakar Pandey, Sr. Executive- Legal is present in person and has filed application for unconditional withdrawal of suit vide Exhibit 5 and has also filed on record authority letter dtd. 18.10.2024.
    	On perusal of authority letter it appears that plaintiff company has authorized him to prosecute and withdraw the suit.
     	Mr. Adarsh Diwakar Pandey, Sr. Executive- Legal is present and has reiterated the contents of Exhibit 5.
    	In view of above fact the plaintiff company is not interested in prosecuting the suit. Hence,  I am inclined to pass following Order.
    ORDER
    01.	Suit is disposed of as withdrawn unconditionally.
    02.	In view of above Order pending applications if any, NM No. 	2295/2022 disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 12-11-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103061/2020
    Filing Date: 04-03-2020
    First Hearing Date: 02nd December 2020
    Decision Date: 12th November 2025
    Court Number And Judge: 11-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Nov 2025

    Order Details: Other Pdf Text: 12.11.2025 CORAM: H.H.J. SHRI. V. R. JAGDALE (C.R. NO.11) Sr. No. 72 SU 1300/20 NM 2295/22 Exhibit 4/C Exhibit 5/C Adv. Mr. Aayush Morande for the plaintiff is present and filed additional affidavit to bring on record subsequent event at Exhibit 4 O- Seen and filed along-with application for unconditional withdrawal of suit at Exhibit 5. O- Filed. Adv. Mr. Botlawar a/w Adv. Mr. V. G. Shinde for defendant/BMC is present. Order below Exhibit 1…

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