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SUIT - SHORT CAUSE CIVIL SUIT

ATC Telecom Infrastructure Pvt LtdVsMCGM +2 more

CNR MHCC01003905202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 30th June 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101094/2020
Registration Date
31 Aug 2020

Advocates

0

No advocate information is available in this record.

Parties

4

Acts & Sections

2
CODE OF CIVIL PROCEDURE · Sec Order 39
Specific Relief Act · Sec 38

Case History / Proceedings

Case History
Date: 26-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DIRECTIONS
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for deft./MCGM present, prayed for time to file W.S.
Matter is adjd. for n/m hearing to 07.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: Adv. Mr. P.S. Patil for plaintiff present.
Adv. Mrs. Tondwalkar h/f Ms. Mhatre for deft./MCGM present and requested short time to file w/s.
Matter is adjd. for NM reply/ hearing to 24.02.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv. Ms. Patil for plaintiff present.
Adv. Ms. Mhatre for deft./MCGM present and requested short time to file reply.
Matter is adjourned for NM reply to 19.04.21.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021

Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2021

Date: 22-09-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2022

Date: 03-01-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present.
Adv. for defendant orally requested for time to file NM reply.
Adjourned for NM reply to 14.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. Ms. Manisha Patil for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 02.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-03-2022

Date: 02-03-2022
Business: Adv. Ms. Manisha Patil for plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 08.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: None present for plaintiff.
Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
Adjourned for NM reply and WS to 07.09.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Mr. D.S. Patil for the plaintiff is present.
Adv. Mr. Khandagale for defendant Nos. 1 and 2 /MCGM is present and orally requested for time to file NM reply. Time is granted.
The record shows that there is no service of summons on defendant No. 3. The plaintiff is called upon to ensure due service of summons on defendant No. 3 and to file affidavit of service on the next date.
Adjourned for compliance/NM reply and WS to 11.11.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2022

Date: 11-11-2022
Business: None present for the plaintiff to report due service of summons on defendant No. 3 and to tender the registered NM.
Adv. Khandagale for defendant No. 1 and 2/MCGM is present.
Adjourned for Compliance/ tendering registered NM/NM Reply and WS to 06.01.2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-01-2023

Date: 06-01-2023
Business: PO is on leave
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: None present for the plaintiff.
Adv. Khandagale for defendant Nos. 1 and 2/MCGM is present.
The plaintiff is absent to inform the due service of summons on defendant No. 3 till date and to file registered NM. Hence, the suit stands dismissed in default against defendant No.3, and posted for NM dismissal.
Adjourned for NM dismissal to 18.03.2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Even today, none present for the plaintiff to tender registered draft NM. Hence, the draft NM stands dismissed in default. The plaintiff is directed to get registered the same, till the next date. In default, the suit would stand dismissed.
Adv. Mrs. S.S. Chavan h/f Adv. Khandagale for defendant Nos. 1 and 2/MCGM is present.
None present for the defendant No. 3.
Adjourned for tendering registered NM/dismissal Order to 29.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 29-04-2023

Date: 29-04-2023
Business: The plaintiff is absent to tender the registered NM.
Adv. Mr. Giri for defendant/MCGM is present.
Adjourned for dismissal Orders to 30.06.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 30-06-2023

Date: 30-06-2023
Business: None present for the plaintiff. The matter is kept back.
Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present.
Rest of the defendants are absent.
LO at 12.10 p.m.
The appearance is as above.
Order below exhibit No. 01
      The record shows that the plaintiff is absent to proceed further with the matter since last considerable time and hence, it is posted for dismissal order. Even today, he was absent and hence, this suit was kept back for his appearance, but in vain. Neither, he bothered to tender the registered NM, which was dismissed in a draft format on 18.03.2023, nor, any stay order is communicated on the record. It is, thus, clear that he is not worried to proceed with the suit. In the result, the suit is dismissed for want of prosecution on his part. All the pending applications are filed. The parties to bear their own costs of suit. Bill of costs be drawn-up accordingly. The proceeding is closed.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 30-06-2023

Additional Case Details

Additional Case Details
Filing Number: 101088/2020
Filing Date: 23-01-2020
First Hearing Date: 26th October 2020
Decision Date: 30th June 2023
Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
30 Jun 2023
Order Details: Other
Pdf Text: -- 1 of 2 --
30.06.2023
Sr. No. 1
CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11)
SU 1094/20 None present for the plaintiff. The matter is kept back.
Adv. Mr. G.O. Giri for defendant Nos.1 and 2/MCGM is present.
Rest of the defendants are absent.
LO at 12.10 p.m.
The appearance is as above.
Order below exhibit No. 01:
The record shows that the plaintiff is absent to proceed further
with the matter since last considerable time and hence, it is posted
for dismissal order. Even today, he was absent and hence, this suit
was kept back for his appearance, but in vain. Neither, he bothered
to tender the registered NM, which was dismissed in a draft format
on 18.03.2023, nor, any stay order is communicated on the record.
It is, thus, clear that he is not worried to proceed with the suit. In
the result, the suit is dismissed for want of prosecution on his part.
All the pending applications are filed. The parties to bear their own
costs of suit. Bill of costs be drawn-up accordingly. The proceeding
is closed.
Judge
-- 2 of 2 --

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