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NOTICE OF MOTION

Shri Dinesh Gopinath Dubey - Suit St. No. 4240/2020VsMCGM

CNR MHCC0100401420206-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 18th August 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101318/2020
Registration Date
09 Sept 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: 17-09-2020
    Business: Advocate Anil Mishra for plaintiff present.
    Advocate Dhuri for defendant/BMC present
    Earlier order, if any, to continue till next date.
    Adjourned for ad-interim hearing 30/09/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Business: Holding adv. Tripathi for plaintiff present and he requested for time. O- Granted.
    Adv. Dhuri for defendant/BMC present.
    Matter adjd. to 15.10.2020 for Ad-interim hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: Advocate for plaintiff present.
    He filed original N/M 1318/20.
    Advocate Dhuri for defendant/BMC present.
    Earlier order, if any to continue till next date.
    Adjourned for N/M Hearing to 29/10/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Business: Advocate for plaintiff present.
    Advocate Dhuri for defendant/BMC present.
    Court is busy in hearing argument in H.C.T.B. Suit No.4418/2011 along with Suit No.2742/11 and other urgent matters.
    Earlier order if any to continue till next date.
    Adjourned for N/M Hearing to 08/12/2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Adv AR Mishra present for plaintiff.
    None present for defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM hearing to 12.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Advocate for plaintiff present.
    Advocate Dhuri for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM Hrg. to 11/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: None for plaintiff.
    Advocate Mrs. Dhuri for defendant/BMC present.
    Plaintiff is directed to register the suit.
    L.O at 2.00 p.m.
    Advocate for plaintiff present.
    Earlier order, if any, to continue till next date.
    Adjourned for N/M Hearing to 16/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Advocate for plaintiff present.
    Advocate Mrs. Jadhav for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Plaintiff is directed to get registered the Suit.
    Adjourned for N/M Hearing to 04/05/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Business: None for plaintiff.
    Advocate Mrs. Dhuri for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Plaintiff is directed to get registered the Suit.
    Adjourned for N/M Hearing to 10/08/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Advocate Anil Mishra for plaintiff present.
    Advocate Mrs. Dhuri for defendant/BMC Present.
    Heard argument on both sides on NM No. 1318/2020.
    Earlier order, if any, to continue till next date.
    Adjd for NM Orders to 18/08/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Advocate for plaintiff present.
    Advocate Deepali Patil for defendant/BMC Present.
    F.R.S.R. following order is passed :
                      ORDER
    1. Notice of Motion no. 1318 of 2020 is
    hereby dismissed.
    2.Notice of Motion no. 1318 of 2020 is hereby
     disposed of.
    After passing the order learned advocate for the plaintiff prays that effect on the order may be stayed for the period of six weeks to unable the plaintiff to avail the appropriate remedy before Hon\''bel High Court. The learned advocate of Defendant/MCGM strongly opposed the said prayer with the contention that the N/M came to be dismissed on merit and after considering all the facts.
            I have considered sumbissions made on behalf of both the parties. Perusal of roznama it appears that during the pendency of the N/M interim relief was gratned in favour of plaintiff and said order is in existence even today also. So in such situation it could be appropriate to stay effect of the order passed on today at least for one month so as to unable the plaintiff to avail appropriate remedy before the Hon\''ble High Court. Hence, effect of order passed on today shall remain stayed till 18/09/2021.
    Authenticated copy be given to the concerned party.
    Plaintiff is directed to register the suit.
    Adjd to 09/11/2021 for draft issues and compliance.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104444/2020
    Filing Date: 09-09-2020
    First Hearing Date: 17th September 2020
    Decision Date: 18th August 2021
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Aug 2021

    Order Details: Other Pdf Text: NM No.1318/2020 ..1.. L.C. Suit (St.No.) No.4240/2020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1318 OF 2020 (CNR NO. : MHCC010040142020) IN L.C. SUIT (ST) NO. 4240 OF 2020 Shri. Dinesh Gopinath Dubey ) Age : 44 years, OccBusiness ) Indian Inhabitant of Mumbai ) Carrying on the business of Panpatti, ) Pan Shop No. 5A, Biradar Manzil, ) Gandhi Chowk, Morbaug Road, Naigaon, ) Dadar, Mumbai – 400 014. )....Plaintiff…

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