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NOTICE OF MOTION

Manali Prabhakar Salvi Suit St. No. 3847 of 2020VsThe Assistant Municipal Cormmissioner

CNR MHCC0100352020204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 23rd August 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101247/2020
Registration Date
09 Jul 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 09

    Case History / Proceedings

    Case History
    Date: 18-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Business: Adjd to
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-10-2020
    
    Date: 17-10-2020
    Business: None for Plaintiff.
    Adv. Mrs. Smita Chavan h/f. Adv. Mr. Khandagale for Defendant/MCGM present.
    Matter adjd to 09/12/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv. Bommer for plaintiff present.
    Adv. Khandagale for deft/MCGM present.
    On oral request of advocate for deft, adjournment granted to file reply to NM.
    Matter adjd to 03/03/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv. S. K. Mishra h/f Adv. Bommer for plaintiff present.
    Adv. Khandagle for deft/MCGM present  and requests for time to file reply to NM No.1247/2020. Time is granted till next date.
    Matter adjd to 09/06/2021 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: H.H.J. is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. To 17/12/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
    Time is granted till next date.
    Adjd. To 06/04/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: HHJ is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2022
    
    Date: 24-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Adjd. to 17/10/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-10-2022
    
    Date: 17-10-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present  and requested time to file reply to N/M. Time is granted till next date.
    Adjd. to 07/12/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: Adv. Bommer for plaintiff present and requested time for re-issuance of writ of summons. Granted.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and tendered reply to N/M and list of documents, TOR. List of documents is marked as Exh.2.
    Adv. for plaintiff is directed to tender original N/M No.1247/2020 along with affidavit in support thereof on next date.
    Adjd. to 20/01/2023 for N/M hrg./ re-issuance of writ of summons.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: Adv. Pathak h/f Adv. Boomer for plaining present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Plaintiff is directed to tender original N/M No.1247/2020 along with affidavit till next date.
    Adjd. to 24/04/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Plaintiff and his advocate absent.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    On perusal of the roznama it appears that plaintiff is repeatedly directed to tender Original NM no. 1247/2020 but till today plaintiff has not complied said order. Hence, matter adjourned for hearing with condition that on next date plaintiff fail to tender original NM same will be dismissed for want of compliance.
    Adjd. to 23.08.2023 for NM hearing / Dismissal.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: None present for plaintiff.
    Advocate Suryavanshi  for defendant/BMC present.
    None present for plaintiff. Suit is of year 2020 and since  three dates NM is pending for hearing. On previous date matter adjourned with direction to the plaintiff to tender NM No. 1247/2020 with condition that if plaintiff failed to tender same will be dismised for want of compliance. Today when called repeatedly none present for plaintiff. Plaintiff has not tender original NM. Therefore I pass following order.
    ORDER
    NM No. 1247/2020 is dismissed for want of compliance of direction.
    Adjd to 22.11.2023  for hearing on issues
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 23-08-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103888/2020
    Filing Date: 09-07-2020
    First Hearing Date: 18th August 2020
    Decision Date: 23rd August 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    23 Aug 2023
    Order Details: Other
    Pdf Text: 37 Dt:23.08.2023
    SU 1172/2020
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Suryavanshi for defendant/BMC present.
    None present for plaintiff. Suit is of year 2020 and since three
    dates NM is pending for hearing. On previous date matter
    adjourned with direction to the plaintiff to tender NM No.
    1247/2020 with condition that if plaintiff failed to tender
    same will be dismised for want of compliance. Today when
    called repeatedly none present for plaintiff. Plaintiff has not
    tender original NM. Therefore I pass following order.
    ORDER
    NM No. 1247/2020 is dismissed for want of compliance of
    direction.
    Adjd to 22.11.2023 for hearing on issues
    Judge
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