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NOTICE OF MOTION

Mrs. Nathabai Tejpal Dabi Suit St. No. 4400/2020VsB. P. Gangar Constructions Pvt. Ltd. +1 more

CNR MHCC01004086202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 12th June 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101336/2020
Registration Date
16 Sept 2020

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-09-2020
    Business: Adv.Mr.Sunil Kanojia for plaintiff present and submtited that copies of plaint, draft NM, documents will be served by plaintiff upon defendants.
    No one present for defendants.
    Leave is granted to register the draft NM.
    Adjd. for filing service of copies of plaint, NM and documents upon defendants and for affidavit of reply by defendants.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv Ms. Priyanka Kanojia for plff present.
    None present for deft.
    Affidavit of service filed by the plff. on 16.09.2020 shows that deft No.1 is properly served with the Notice of Motion No.1336/2020 yet it failed to appear hence N.M. No.1336/2020 to proceed ex-parte against deft No.1.
    Adv. for plff seeks adjournment to argue N.M.
    Matter is adjd. for NM hearing to 08.06.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: None present for both parties.
    Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: None present for plff to argue NM No.1336/2020.
    None present for deft.
    Matter is adjd. for NM dismissal order to 12.10.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: None present for both parties.
    Court is busy in other matters hence, this matter is adjd. for NM dismissal order to 26.11.2021.
    Judge
    L.O.
    Adv Mr. Kanojia for plff present and requested to remove the matter from N.M. dismissal caption. As adv. for plff present today, matter be removed from N.M. dismissal caption.
    Already adjd. to  26.11.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None present for both parties.
    K.B.
    L.O. at 3.45 p.m.
    Adv Ms. Pratiksha for plff present and seeks adjournment.
    As nobody is present for deft, on request of adv for plff, matter is adjd. for NM hearing to 04.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2022
    
    Date: 04-07-2022
    Business: Adv.Sachin Kanojia for plaintiff present. He submits that connecting matter is wrongly transferred to CR No.14. Application for transfer is made. He requested for time for compliance.
    Matter adjd to 12.08.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: None present for both sides.
    Matter adjd to 19.10.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: None present for both sides. In view of last roznama adjd for compliance.
    Matter adjd to 09.01.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv.Sachin Kanojia h/f.Adv.Sunil Kanojia for plaintiff present.
    None present for defendant.
    As per the plaintiff\''s endorsement on NM 1336/20, same notice of motion is kept for hearing a.\\w. suit.
    Matter adjd to 24.03.2023 for hearing a\\w suit.
    Next Purpose: HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Court is on leave.
    Next Purpose: HEARING
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: None for plaintiff
    None for defendant
    From the perusal of the record , it appears that the plaintiff has presented the NM bearing no. 1336/20 in the month of September 2020. By the roznama dtd. 02-01-2023, it is apparent that the plaintiff want to keep the said NM for hearing along with the suit. The plaintiff doesn’t appear to be interested in prosecuting diligently the NM against the defendant. Hence, the NM stands refused. The suit is already directed to proceed ex-parte against defendants no. 1 and 2. Plaintiff to proceed accordingly.
    Matter is adjd.to 10-08-2023 for steps.
    Nature Of Disposal: OTHER
    Disposal Date: 12-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104567/2020
    Filing Date: 16-09-2020
    First Hearing Date: 16th September 2020
    Decision Date: 12th June 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    12 Jun 2023
    Order Details: Other
    Pdf Text: 12-06-2023
    Sr. no.12
    SU 1195/20
    NM 1336/20
    CORAM:H.H.J.SHRI.V. M. PATHADE(C.R.NO.62)
    None for plaintiff
    None for defendant
    From the perusal of the record , it appears that the plaintiff
    has presented the NM bearing no. 1336/20 in the month of
    September 2020. By the roznama dtd. 02-01-2023, it is
    apparent that the plaintiff want to keep the said NM for
    hearing along with the suit. The plaintiff doesn’t appear to
    be interested in prosecuting diligently the NM against the
    defendant. Hence, the NM stands refused. The suit is
    already directed to proceed ex-parte against defendants no.
    1 and 2. Plaintiff to proceed accordingly.
    Matter is adjd.to 10-08-2023 for steps.
    Judge
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