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SUIT - SHORT CAUSE CIVIL SUIT

Larsen and Toubro Ltd.VsAkhil Bhartiya General and Bandhkam Kamgar Union

CNR MHCC0100325520191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 05th December 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101167/2019
Registration Date
02 May 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Hindu Marriage Act · Sec Order 37

    Case History / Proceedings

    Case History
    Date: 01-07-2019
    Business: Adv. Priyanka Upadhyay I/b M/s Manilal Kher Ambalal and company for plaintiff present.
    Affidavit of service of writ of summons filed by plaintiff.
    Put up for further order/ hearing NM
    Adjourned for NM hearing / further order to 23.8.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: Advocate Priyanka Upadhyay for plaintiff present.
    None present for defendant.
    On perusal of affidavit of service it appears that the defendant was served by speed post. The defendant failed to appears. Hence, suit to proceed Ex-parte against defendant.
    Adjourned for NM hearing to 07.10.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Mr. Faizal for plaintiff present.
    Deft./ex-parte.
    Plaintiff to lead evidence.
    The matter is adjd for evidence to 10.02.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv. Faisal S. for plaintiff present.
    None for deft.
    Ld. counsel for plaintiff seeks time to file evidence.  Granted.
    The matter is adjd for evidence to 24.03.2020 at        11.00 am.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    Business: adjourned
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Due to Covid-19, the matter is adjourned to 09.02.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. Sidharth Dhavle for plaintiff present.
    None for deft.
    The matter is adjd for hearing on N/M to 08.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. Faizal Sayyad for plaintiff present.
    None for deft.
    Adv. for plaintiff submitted that plaintiff will file evidence on next date and take call on pending N/M, hence adjourned for evidence.
    The matter is adjd for evidence to 27.04.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: In view of office order no.81/2021 dated 17.04.2021, the matter not being urgent, is adjourned to 04.08.2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O is on leave. Matter adjd to
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Santosh Budhwani i/b Manilal Kher Ambalal and Co.for plaintiff is present.
    None for defendant.
    It is submitted by the Ld.Adv.for the plaintiff that the order below NM No. 1282/19 dtd. 29.03.2019 is challenged before Hon\''ble Bombay High Court and AO No. 925/19 is pending and listed for hearing. On oral request of Adv.for plaintiff matter adjourned for NM hearing.
    Matter adjd for NM hearing on 30.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Vinit Vaidya for plaintiff present.
    None for defendant.
    It is submitted by the learned advocate for the plaintiff that the order below in NM no. 1282/19 dated 29/03/2019 is challenged before Hon\''ble High Court is pending, on oral request of advocate for the plaintiff matter is adjourned.
    Matter adjd.to 15/02/2022 for NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: Adv. Santosh Budhwani for pltff present.
    None for deft.
    It is submitted by the ld adv for the pltff that the order below NM No. 1282/19 dt 29/03/2019 is challenged before the Hon\''ble High Court and is pending.  On oral request of adv for pltff, Matter is adjd to 27/04/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
    Adv. Santosh Bhudhwani for plaintiff present and tendered a pursis. t.o.r. marked as Exh. 04.
    Matter is adjd to 11/08/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Santosh Budhwani for plaintiff is present.
    None present for defendant.
    The Ld. Adv.for plaintiff has filed pursis t.o.r marked as Exh.5 and submitted that the appeal from order dtd. 19.03.2019 thereby this Court refuses to grant ad-interim relief is pending before the Hon\''ble High Court. The plaintiff is directed to bring appropriate order from the Hon\''ble High Court. Else the NM will be proceeded further as pending since 2019.
    Matter adjd to 07.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: Adv. Santosh Budhwani for plaintiff is present.
    None present for defendant.
    The Ld. Adv.for plaintiff make a statement that the plaintiff is going to withdraw the suit on next date with liberty to file afresh. Hence, on oral request of Adv.for plaintiff matter adjourned for withdrawal.
    Matter adjd to 05.12.2022 for withdrawal.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 05-12-2022
    
    Date: 05-12-2022
    Business: Adv. Santosh Budhwani for plaintiff is present.
    Mohammed Sahil, Representative of plaintiff present.
    None for defendant when called.
    Plaintiff filed application for withdrawal of suit subject to liberty be granted to plaintiff for initiating fresh proceeding on same cause of action. T.O.R Marked Exh. 6.
    Authority letter filed. T.O.R. marked as Exh.6A
    Order passed below Exh.1
    Plaintiff and his Ld. Advocate present. Upon personal verification to the Asst. Officer, Accounts Mohammed Sahil. He submitted that plaintiff do not want to proceed with the matter and hence it be withdrawn with liberty to file fresh on same cause of action. Considering the submissions, permission to withdraw the suit with liberty to file fresh suit on same cause of action subject to the question of limitation. Matter is disposed off accordingly.
    Order passed below Notice of motion no. 1282 of 2019
    As the matter is disposed off, Notice of motion No. 1282/19 is disposed off accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 05-12-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103521/2019
    Filing Date: 20-03-2019
    First Hearing Date: 01st July 2019
    Decision Date: 05th December 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Dec 2022

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE Case No. :SUIT/0101167/2019 Larsen and Toubro Ltd. Vs Akhil Bhartiya General and Bandhkam Kamgar Union Date : 05122022 Business : Adv. Santosh Budhwani for plaintiff is present. Mohammed Sahil, Representative of plaintiff present. None for defendant when called. Plaintiff filed application for withdrawal of suit subject to liberty be granted to plaintiff for initiating fresh proceeding on same cause of action. T.O.R Marked…

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