Skip to main content
NOTICE OF MOTION

Kesar Baug TrustVsThe Asstt. Engineer

CNR MHCC0100342820205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 31st January 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101234/2020
Registration Date
09 Jun 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-06-2020
    Next Purpose: DIRECTIONS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: covid adjournment
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: None present for Plaintiff.
    None present for defendant.
    Matter adjourned for arguments to 16.10.2020.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for plaintiff.
    Adv Nandanwar/Suryawanshi present for MCGM/defendant.
    Matter adjourned for arguments to 15.12.2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    
    Date: 05-01-2021
    Business: CORAM  H.H.J. C. P. JAIN, AD-HOC ASSISTANT JUDGE, CITY CIVIL COURT, GR. MUMBAI (C.R.06)
    Matter pertains to CR No.05.
    Adv Meena Sharma (h/f) present for plaintiff.
    Adv Rawade present for BMC/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM reply to 27.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    Adv Soraan (hf) present for MCGM/defendant.
    Adv Shroff present for defendant no.3.
    Matter adjourned for NM reply to 23.02.2021.
    LO at 3.25 pm.
    Adv Indira Labde present for plaintiff.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM reply to 23.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    
    Date: 16-03-2021
    
    Date: 27-04-2021
    Business: Due to covid-19 pandemic, matter is adjd. to.
    Next Purpose: SERVICE
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Adv. Panchal h/f P. D. Gandhy present for plaintiff sought adjournment for filling affidavit of service.
    Adv.    Bibhishan sutar present for MCGM/defendant.
    Matter adjourned for Service to. 08/10/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: As court is busy in hearing arguments in suit no. 1904/2021 and in suit st. no. 8239/2021. remaining board is discharged and matter is adjd. to 10/11/21
    Next Purpose: SERVICE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    
    Date: 21-12-2021
    Business: As presiding Officer is on leave, Hence matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv. Indira Labde present for plaintiff and sought adjournment.
    Adv. Sutar present  for MCGM/defendant.
    Matter adjourned for service to 19/04/22.
    Next Purpose: SERVICE
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Ms. Labde for plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Matter is adjd for service on 14-07-2022
    Next Purpose: SERVICE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Labde for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant No 1 and 2  present.
    None for deft. no.3
    It transpires from the record that total five Notice of Motion i.e. 2901/2019, 2797/2019, 2589/2019, 1234/2020, 3187/2019 and one Chamber summons i.e. 2113/2019 are pending for reply and hearing since long. The parties are directed to proceed with the NM and Ch/s. on next date without fail.
    Matter is adjd for hearing on NM and Ch/s. on 11-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. for plaintiff present.
    Adv. Walavalkar for MCGM/defendant no. 1 and 2 present.
    defendant corporation is served with copy of Chs No. 2113/19.
    Plaintiff to take necessary steps to serve NM No. 3187/19 on the contemptner till next date without fail.
    Plaintiff to tender original NM NO. 3187/19 on record.
    The original NM No. 1234/20 is also not tendered on record hence concerned party to note and tender the same on record on next date without fail.
    Matter adjourned for Chs reply/service/NM high on board to 29/09/2022
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Court is busy in hearing in old matter i.e. Suit No. 2798 of 2006. Hence want of time board is discharged.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    The Plaintiff and deft have not taken proper steps to proceed with the NM 1234/20, NM 2797/19, NM 3187/19, NM 2589/19, NM 2901/19. Hence, matter be posted for dismissal of NM 1234/20, NM 2797/19, NM 3187/19, NM 2589/19, NM 2901/19.
    Matter is adjd for NM dismissal on 31-01-2023
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: None for Plaintiff.
    Adv Walawalkar @ Adv Sutar for defendant/MCGM no. 1 and 2 present.
    None for deft. no. 3.
    FRSR the following order is passed on Notice of Motion No. 2797 of 2019.
    ORDER
    1. Notice of Motion No.2797 of 2019 is dismissed in default.
    2. Notice of Motion is disposed off.
    FRSR the following order is passed on Notice of Motion No. 2589 of 2019.
    ORDER
    1. Notice of Motion No.2589 of 2019 is dismissed in default.
    2. Notice of Motion is disposed off.
    FRSR the following order is passed on Notice of Motion No. 2901 of 2019.
    ORDER
    1. Notice of Motion No.2901 of 2019 is dismissed in default.
    2. Notice of Motion is disposed off.
    FRSR the following order is passed on Notice of Motion No. 1234 of 2020.
    ORDER
    1. Notice of Motion No.1234 of 2020 is dismissed in default.
    2. Notice of Motion is disposed off.
    3. Plaintiff to tender the Notice of Motion on record on next date without fail.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 31-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103795/2020
    Filing Date: 09-06-2020
    First Hearing Date: 12th June 2020
    Decision Date: 31st January 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Jan 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.1234 of 2020 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1234 OF 2020 IN L.C.SUIT NO.1642 OF 2019 Kesar Baug Trust ...Plaintiff V/s. The Asstt. Engineer (Bldg. & Factory), “B” Ward & Ors., ...Defendants Appearance: None for plaintiff. Adv Mr. Walawalkar for defendant/Corporation No.1 & 2. None for defendant No.3 CORAM : HER HONOUR ADHOC JUDGE SMT. A.H. KASHIKAR CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE :…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.