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NOTICE OF MOTION

Ambalal Jawantraj Jain Com. Suit St. No. 4065 of 2020VsAnilkumar Kasturilal Makkar

CNR MHCC01003667202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 06th January 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101275/2020
Registration Date
03 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ambalal Jawantraj Jain Com. Suit St. No. 4065 of 2020

    Respondent

    1. 1Anilkumar Kasturilal Makkar

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 09

    Case History / Proceedings

    Case History
    Date: 10-08-2020
Business: Matter pertains to C.R. No.20
NOB/TOB by praecipe.
Adv. Mr. Ashar for Plaintiff present. He tendered registered N/M No.1275/20 along with affidavit of Ambalal Jain. He Submitted that, the defendant has been served with copy of plaint and as the N/M through Whatsapp messaging and produced screenshot copies before the court. He further submitted that N/M needs to be urgency heard because the defendant has already alienated shop premises as mentioned in para 6 of the affidavit and therefore, it is necessary to seek attachment of the residential premises described in para 5 of the said affidavit and/or seek order of temporary injunction against the defendant not to create third party interest in the same.
In view of above urgency, matter stands adjourned to 14.08.2020 for reply to NM and hearing on the interim relief.
Authenticated copy of today\''s Roznama be given to the Ld. Counsel for information.
Adjourned to 14.08.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-09-2020

Date: 05-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Both parties and their advocates are absent when called out.
Adjourned for filing NM reply and W.S. to 17.10.2020.
                                                                               Judge
Next Purpose: REPLY
Next Hearing Date: 17-10-2020

Date: 17-10-2020
Business: Adv. Darshan for plff present.
Plff is directed to serve NM @ plaint on defendant.
Earlier order, if any, is continued till next date.
Adjourned for compliance to 5/11/2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Both the parties and their advs are absent when called out.
Matter is adjd for compliance to 26.11.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Business: Court is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 11-12-2020

Date: 11-12-2020
Business: Advocate Viral Shukla for plaintiff is present and tender service affidavit on the defendant at Exh. 05. The defendant is not duly served. Hence, it is directed to the Plaintiff to take steps.
Advocate for plaintiff is requested to extend for reissue of writ of summons. Request of short service is allowed.
Exh.1 - Plaint.
Exh.2 - V/P of plaintiff.
Exh.3 - Memorandum of address.
Exh.4 - List of documents.
Exh.5 - Advocate for plaintiff filed affidavit of service.
Adjourned for service of writ of summons alongwith NM to 21.12.2020.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Advocate Viral Shukla for plaintiff is present and filed affidavit of service at Exh. 06.
None present for defendant.
Adjourned for hearing on Exh. 06 to 06.01.2021.
                                                                                Judge
Next Purpose: HEARING
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv. Viral Shukla for plaintiff present.
None for defendant.
Plaintiff Mr. Ambalal Jain is present, admits that defendant has repaid the entire amount, Adv. Shukla pray for withdraw the suit, accordingly endorsed the Exh. 1.
Exh.7  - Pursis submitted by plaintiff to withdraw the suit as he has received entire payment from defendant.
       In view of endorsement below plaint and pursis vide Exh.7. Suit is disposed off as withdrawal (Plaintiff to register the suit for statistical purpose within a week).
NM No. 1275/20 stands disposed off.
Court fees be refunded to the plaintiff as per rule.
Nature Of Disposal: OTHER
Disposal Date: 06-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104107/2020
Filing Date: 03-08-2020
First Hearing Date: 10th August 2020
Decision Date: 06th January 2021
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Jan 2021
    Order Details: Other
Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101275/2020
Ambalal Jawantraj Jain Com. Suit St. No. 4065 of 2020 Vs Anilkumar Kasturilal Makkar
Date : 06-01-2021
Business : Adv. Viral Shukla for plaintiff present. None for defendant.
Plaintiff Mr. Ambalal Jain is present, admits that defendant
has repaid the entire amount, Adv. Shukla pray for
withdraw the suit, accordingly endorsed the Exh. 1. Exh.7 -
Pursis submitted by plaintiff to withdraw the suit as he has
received entire payment from defendant. In view of
endorsement below plaint and pursis vide Exh.7. Suit is
disposed off as withdrawal (Plaintiff to register the suit for
statistical purpose within a week). NM No. 1275/20 stands
disposed off. Court fees be refunded to the plaintiff as per
rule.
Nature of Disposal : OTHER
Disposal Date : 06-01-2021
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