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SUIT - SHORT CAUSE CIVIL SUIT

Mihir Gautam RautVsMCGM

CNR MHCC0100298720195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 27th February 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100857/2019
Registration Date
27 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 09-04-2019
    Business: BY PRECIPEE
    Adv.Mr.Sameer Kolage for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    Adv.of plaintiff filed draft notice of motion a/w. Affidavit t.o.r.
    O-Leave granted to register draft notice of motion.
    Matter adjd to 11.04.2019 for Say on NM.
    Next Purpose: REPLY
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv.Mr.Sanjay Pandey for plaintiff present.
    Adv.Shri Dhumale for defendant/MCGM present.
    NM reply filed by Adv.of deft/corporation t.o.r.
    Matter adjd to 13.06.2019 for NM Argument.
    Next Purpose: REPLY
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Plaintiff present.
    Adv.Mr.Mishra for plaintiff present.
    Adv.Mrs.Tondulkar for defendant/MCGM present.
    Registered notice of motion not tendered.
    Matter adjd to 27.06.2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-06-2019
    
    Date: 27-06-2019
    Business: As Court is busy in dictating judgment in S.C.329/2018, hence, matter adjourned.
    Earlier order if any to continue till the next date.
    Matter adjd to 30.07.2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Matter adjd to 31.08.2019 for Order against Plaintiff
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 31-08-2019
    
    Date: 31-08-2019
    Business: COURT IS ON LEAVE
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: As Court is busy in recording evidence, hearing, passing order and misc. work hence, board is discharged.
    Matter is adjd to 21.11.2019 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: As Court is busy in recording evidence, hearing arguments,
    passing orders and misc. work hence, board is discharged.
    Matter adjd to 16/01/2020 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade for defendant MCGM Present.
    K. B.
    L. O. at 03.35 p.m.
    Adv. Mr. P. S. Mishra for plaintiff submits that, the notice of motion be heard with the suit.
    Plaintiff to submit register notice of motion by next date.
    Mater is adjd to 27.02.2020 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv. Mr. P. S. Mishra for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Plaint.
    Vakalatnama of Plaintiff.
    Memorandum of address.
    List of documents.
    N/M reply be treated as Written Statement.
    Matter is adjd to 23/06/2020 for framing issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Plaintiff and adv absent.
    Adv Nandanvar for MCGM/defendant present.
    Exh.6 - Issues framed.
    Matter adjourned for R/E to 8/12/2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present for plaintiff.
    Adv Smt.Rawade present for defendant/MCGM.
    Matter adjourned for RE to 20.01.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: Court is on CSIC Training.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv Mishra present for plaintiff and sought adjournment.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for evidence of plaintiff to 08.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: As court is busy in dictating the Order on NM No. 89/2021 and NM 524/2021, The board is discharged.
    Matter adjourned for
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Business: Adjourned due to Covid 19.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Adv. Mishra present for plaintiff soght time for filling affidavit of evidence of plaintiff.
    Adv. Sutar present for MCGM/defendant.
    Matter adjourned for Filling affidavit of evidence
    to. 16/09/2021.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: court is on leave, adjd
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: None present for plaintiff
    Adv. Vidya Vyavahare present for MCGM/defendant.
    As plaintiff and his adv. absent,
    Matter adjourned for filling affidavit of documents to. 27/11/21.
    Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
    Next Hearing Date: 27-11-2021
    
    Date: 27-11-2021
    Business: Adv Samir Kolge present for plaintiff and sought adjournment.
    Adv. Sutar present for MCGM/defendant.
    Matter adjourned for NM hearing on 13-01-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: As presiding officer is on leave.Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: As presiding officer is on leave. Hence matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Court is busy in urgent hearing matters i.e. Suit No.9195/22, St.No. 9271/22 Suit No. 904/14 and order dictating in Suit No.43/2018. Hence want of time board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for RE on 08-12-2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: None for Plaintiff.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    NM 2006 of 2019 along with suit.
    Plaintiff is directed to appear and argue on NM on next date without fail.
    Matter is adjd for RE on 04-02-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: As Court is busy in recording statement u/s 313 of Cr.P.C. in Session Case No. 1490 of 2019 and partly heard arguments in Suit No.2378 of 2012. Hence want of time board is discharged.
    Matter is adjd for RE on 21-03-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 20-06-2023
    
    Date: 20-06-2023
    Business: None for Plaintiff.
    Adv. Mrs. Ravde for MCGM present.
    Matter is adjd to 05.08.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-08-2023
    
    Date: 05-08-2023
    Business: P.O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-09-2023
    
    Date: 05-08-2023
    Business: P.O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: None for plaintiff.
    Adv. Pradip Patil for defendant/ BMC present.
    Matter is adjd. to 19.10.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-10-2023
    
    Date: 06-09-2023
    Business: None for plaintiff.
    Adv. Pradip Patil for defendant/ BMC present.
    Matter is adjd. to 19.10.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-10-2023
    
    Date: 19-10-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 21.12.2023 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 05.03.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 05-03-2024
    
    Date: 05-03-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    Matter is adjd  to 13.06.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-06-2024
    
    Date: 13-06-2024
    Business: Adv. B.P.Shukla for Plaintiff present.
    Adv. Gajanand Shinde for MCGM present.
    Adv. for the plaintiff submitted that he will make a correspondence with the plaintiff therefore on his oral request matter as adjourned last chance.
    Matter is adjd  to 11-07-2024   for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 11-07-2024
    
    Date: 11-07-2024
    Business: None for Plaintiff.
    Adv.Suryawanshi for Defendant/MCGM present.
    Matter is adjd  to  29-08-2024  for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 29-08-2024
    
    Date: 29-08-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 24.10.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Matter is adjd  to 17.12.2024 for evidence.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: The P.O. is on leave. hence, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-02-2025
    
    Date: 04-02-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
        Issues are framed on 26.10.2020 and matter is for plaintiffs evidence. However, from the record it seems that since long plaintiff is absent and failed to file his evidence. Hence,matter be fixed for dismissal order.
    Matter is adjd  to 27.02.2025 for dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 27-02-2025
    
    Date: 27-02-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
        Today the matter is for dismissal order and from the record it appears that since long neither plaintiff nor his advocate remain present. Therefore, in view of the reluctant attitude of the plaintiff in proceeding further I think it that suit deserves to be dismissed for want of prosecution so accordingly in the result following order is passed -
    1. L. C. Suit No. 857 of 2019 is hereby dismissed for want of prosecution.
    2. In view of dismissal of suit, NM No. 2006 of 2019 does not survive so it is accordingly disposed off.
    3. No order as to costs.
    4. Bill of costs be drawn accordingly.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 27-02-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103251/2019
    Filing Date: 15-03-2019
    First Hearing Date: 09th April 2019
    Decision Date: 27th February 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    27 Feb 2025
    Order Details: Other
    Pdf Text: 27.02.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 857/19
    NM 2006/19
    None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    Today the matter is for dismissal order and from the record it appears
    that since long neither plaintiff nor his advocate remain present.
    Therefore, in view of the reluctant attitude of the plaintiff in proceeding
    further I think it that suit deserves to be dismissed for want of
    prosecution so accordingly in the result following order is passed -
    1. L. C. Suit No. 857 of 2019 is hereby dismissed for want of
    prosecution.
    2. In view of dismissal of suit, NM No. 2006 of 2019 does not survive so
    it is accordingly disposed off.
    3. No order as to costs.
    4. Bill of costs be drawn accordingly.
    Judge
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