M/s. MHK Group Of Co. through its proprietor shir. Mahamood Hasan SubratiVsMCGM +2 more

Date: 12-01-2021
Business: Advocate for plaintiff present and filed register NM no. 1701/20
Advocate Vyavhare for defendant/BMC present.
Adjourned for NM Hrg. To 01/03/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: By precipe
Advocate Martina Sakpal for plaintiff present and filed affidavit.
Advocate Mrs. Vyavahare for defendant/BMC present and filed reply to N/M.
Copy served.
Heard argument on both sides on N/M 1701/2020 ad-interim hearing.
F.R.S.R Following order is passed on ad-interim relief.
                            ORDER
The ad-interim reliefs prayed in prayer clause-(c) in terms of prayer clause (a) and (b) is refused.
								Sd/-
Ld. Adv. for plaintiff filed application for stay order.(Exh-6)
Order – Other side to say.
Ld. Advocate for defendant/BMC has left the court.  Therefore adjourned to 17/02/2021.
Adjourned for NM hearing to 17/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2021

Date: 17-02-2021
Business: Advocate Megha Shigvan for plaintiff present.
Advocate Mrs. Vyavahare for defendant/BMC present.
Order Below Exh-6
	Read application which has prayer to stay the operation of  order to enable plaintiff to file appeal.  Advocate for defendant/BMC has seriously objected the application.  Heard both the advocates.  This court has refused ad-interim relief to plaintiff on Notice of Motion.  There is no any order passed in Notice of Motion. Therefore, there is no question of any stay for operation of any order.  When this court has asked the Junior advocate for plaintiff, she failed to satisfy on this point.  As there is no order as such, the question of stay for operation of any order as prayed in this application does not arise.  The Ad-interim order of refusal passed on 15/02/2021 is already uploaded.  Therefore, plaintiff can file appeal. The prayer therefore in application is not tenable.  Therefore, application is rejected.
Adjourned for reply on N/M to 21/04/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: By precipe
None for plaintiff.
Advocate Rushikesh Damale for defendant no. 3 present. He filed V.P. (Exh-7) and written statement (keeping open point of limitation) (Exh-8)
Advocate Mrs. Jadhav for defendant/BMC present.
Already adjourned to 21/04/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Priyanka Gaokar present for plaintiff.
Adv. absent for plantiff.
On oral request of Adv. of plaintiff, Matter adjourned for to. 09/09/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: As court is busy in hearing arguments in suit st. no. 3986/2021
hence for want of time, Matter adjourned to.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Gavkar present for plaintiff.
Adv. Vidya Vyavahare @ Adv. Sutar present  for MCGM/defendant.
Def. Adv. is present.
Matter adjourned for NM hearing on 14-12-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. Priyanka Gawkar present for plaintiff and sought adjournment.
Adv. Vidya present for MCGM/defendant.
Matter adjourned for nm hrg. to. 15/02/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. Priyanka Gavkar present for plaintiff.
Adv. Vidya Vyavahare present  for MCGM/defendant.
kb.
l.o. at 03.37 pm.
Adv. Martina Sakpal present for plaintiff and as per endorsement on NM no. 1701/2020 not pressed the said NM.
As the Nm no. 1701/2020 is not pressed by the plaintiff.
It is disposed of as filed.
Matter adjourned for framing issues to 07/04/22.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 07-04-2022

Date: 07-04-2022
Business: Adv Sapkal for Plaintiff present.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for framing issues on 26-07-2022
Next Purpose: FRAMING ISSUES
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As court is busy.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 29-09-2022

Date: 29-09-2022
Business: Adv Gavkar for Plaintiff  present and tendered writ of summons. O-TOR. Exh. 9
Adv. Smt. Vidya Vyavahare for MCGM/ defendant  no. 1 and 2 present.
None for deft no.3.
Matter is adjd for W/S of deft no.3 on 08-12-2022
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None for Plaintiff.
Adv. Smt. Vidya Vyavahare for MCGM/ defendant No.1 and 2  present.
Adv Rushikesh for deft no.3 present.
Matter is adjd for framing issues on 31-01-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: As Court is busy in High Court Time Bound matter i.e. Suit No. 1246 of 2013. Hence want of time board is discharged.
Matter is adjd for framing of issues on 20-04-2023
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-04-2023

Date: 20-04-2023
Business: Adv. for plaintiff is present.
Adv. Rawade @ Adv. Vyavahare for MCGM/Defendant present.
As court is busy in final argument i.e. in Suit no. 2709/09. Hence, matter is adjourned.
Matter adjourned for issues on 20-07-2023.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: None for Plaintiff.
Adv. Ms. Vyavahare for MCGM present.
Due to heavy rain in Mumbai, matter is adjourned.
Matter is adjd  to 17.10.2023 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 17-10-2023

Date: 17-10-2023
Business: Adv. Krishna Iyyear h/f Adv. Arun Sakpal for Plaintiff present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 14.12.2023  for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: Adv. Krishna Yadav i/b Arun Sakpal for Plaintiff present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Matter is adjd  to 05.03.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-03-2024

Date: 05-03-2024
Business: Adv. Krishna Yadav i/b Adv. Arun Sakpal for Plaintiff present.
Adv. Vyavahare for defendant/BMC present.
Matter is adjd  to 20.06.2024  for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 20-06-2024

Date: 20-06-2024
Business: Adv. Martina Sapkal for Plaintiff present.
Adv. Sachin Vajale for defendant/BMC present.
The P.O. is busy in recording evidence in Suit No. 1381/19 and Suit No. 1266/11. Hence adjourned.
Matter is adjd  to 13.08.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 13-08-2024

Date: 13-08-2024
Business: None for Plaintiff.
Adv. Sachin Vajale for defendant/BMC present.
The P.O. is busy in recording evidence in SC 417/20 and dictating judgment in Suit No. 1393/08. Hence, adjourned.
Matter is adjd  to 05.11.2024 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Adv. Priyanka for Plaintiff present.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 28.01.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 28-01-2025

Date: 28-01-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd to 03.04.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 03-04-2025

Date: 03-04-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Matter is adjd  to 15.07.2025 for framing issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: The P.O. is on leave, hence matter is adjd.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 02-09-2025

Date: 02-09-2025
Business: None for Plaintiff.
Adv. Chaitanya Dalvi for Defendant/MCGM present.
Exh. 10 - Issues are framed.
Matter is adjd  to 11.11.2025 for evidence of plaintiff.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-11-2025

Date: 11-11-2025
Business: None present for plaintiff, failed to adduce evidence.
Adv. Sangita Honmane for defendant/BMC present.
Matter is adjd  to 03.02.2026 for evidence.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-02-2026

Date: 03-02-2026
Business: None for Plaintiff.
Adv. Sangita Honmane for defendant/BMC present.
   From the roznama it appears that since long none present for plaintiff and took the necessary steps. Hence, suit be fixed for dismissal order on next date.
Matter is adjd  to 07.03.2026 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-03-2026

Date: 07-03-2026
Business: The P.O is on leave. Hence, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 30-04-2026

Date: 30-04-2026
Business: The P.O. is on leave. Hence, matter is adjourned.
Next Purpose: DISMISSAL
Next Hearing Date: 20-06-2026

Date: 20-06-2026
Business: None for Plaintiff.
Adv. Sangita Honmane for defendant/MCGM present.
      Record and roznama shows that issues were framed on 02.09.2025 and matter was posted for evidence of plaintiff. Since, long plaintiff and his advocate remained absent and failed to file his evidence. It seems that plaintiff is not interested to proceed with this suit, so it deserves to be dismissed for want of prosecution. In the result following order is passed -
ORDER
1. L. C. Suit No. 40 of 2021 is hereby dismissed for want of prosecution.
2. No order as to costs.
3. Bill of costs be drawn up accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-06-2026

Registration Number: 100040/2021
Transfer Date: 07-05-2021
From Court: 6 - COURT 06  ADDL. SESSIONS JUDGE
To Court: 5 - COURT 05  ADDL SESSIONS JUDGE

Filing Number: 103072/2020
Filing Date: 04-03-2020
First Hearing Date: 12th January 2021
Decision Date: 20th June 2026
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE