Final Order 1

Order Details: Other
Pdf Text: MHCC010034162019
IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY
ORDER BELOW EXH. 01
IN
L.C. SUIT NO. 1007 OF 2019
CNR No. MHCC010034162019
Sunder Petchi Muthaiah
Age: 53 years, Occ: Business.
R.at:
Room No. 33, 4th floor, Abubaker Mansion,
Opp. Regal Cinema, Colaba, Mumbai 400
001.
Carrying Business at Address:
Metro House, S.B.S. Road, Opp. Jaipur Gems,
Colaba, Mumbai 400 0039.
... Plaintiff
V/s.
1. Chirin Tenzing Lama Alias Swati,
Age Adult years: Occ: Not known,
Address : Room No. 402, Building No. 818,
Saitirth Building, Subhash Road,
Nawa Pada, Dombivali West,
Thane 421 202.
... Defendants
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2 L.C. Suit No.1007/2019
2. The Brihanmumbai Municipal Corporation
under Mumbai Municipal Corporation Act
having its ward office at A ward office
Address 134E, Shahid Bhagat Singh Road,
Colaba, Mumbai 400 039.
Appearance:
None for plaintiff.
Adv. Adv. Diwate for MCGM/ defendant.
CORAM : HER HONOUR ADHOC JUDGE
SMT. A.H. KASHIKAR
CITY CIVIL COURT, GR. BOMBAY
(C.R. NO.05).
DATE : 02.05.2022
ORDER
Plaintiff with advocate is absent. Adv. Diwate for MCGM for the
A ward is present. The plaintiff remained absent thought the matter has
been called out time and again and kept back for necessary steps. It
transpires from the record that the plaintiff remained absent and failed
to proceed with the notice of motion for interim relief. Therefore, the
Notice of Motion no.1369/2019 stood dismissed for default on
dtd.2.12.2019. Since then the matter is fixed for taking steps by the
plaintiff to serve writ of summons on the defendant. However, neither
the plaintiff appeared nor taken steps to serve the defendant for filing
written statement. The record shows that the matter was posted for
settlement before Lok Adalat also, even though neither the plaintiff
appeared nor taken any steps to proceed further. Hence, since from
dtd. 22.12.2021 the matter is posted for dismissal. Even after placing
the matter for dismissal neither the plaintiff appeared nor taken steps to
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3 L.C. Suit No.1007/2019
proceed further. The overall conduct of the plaintiff shows that he is not
interested in the proceeding, hence in such circumstances, I hold that it
is a fit case to dismiss the suit for the want of prosecution. Resultantly, I
proceed to pass following order:
ORDER
1. Suit No . 1007/2019 stands dismissed for want of prosecution.
2. Proceeding closed.
Date: 02.05.2022
(A.H.KASHIKAR)
ADHOC Judge,
City Civil Court,
Gr.Mumbai.
(Court Room No.05)
Directly dictated on computer on : 02.05.2022
Signed on : 04.05.2022
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4 L.C. Suit No.1007/2019
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
04.05.2022 5.45 p.m. ( K.M. Rana )
UPLOAD DATE AND TIME NAME OF STENOGRAPHER
Name of the Judge (With Court
room No.)
HHJ Smt. A.H. Kashikar (C.R.No.05)
Date of Pronouncement of
JUDGMENT/ORDER
02.05.2022
JUDGMENT/ORDER signed by
P.O.on
04.05.2022
JUDGMENT/ORDER uploaded on 04.05.2022
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