SUIT - SHORT CAUSE CIVIL SUIT
Bipin Popatlal MehtaVsMcNally Bharat Engineering Co.Ltd. +8 more
CNR MHCC01004112201862-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 24th April 2025
TrustJury record updated 11 Sept 2026
Case Overview
- Registration Number
- 101599/2018
- Registration Date
- 02 Jul 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
10Acts & Sections
1Hindu Marriage Act · Sec 34 · 37 · 38
Case History / Proceedings
Case History
Date: 20-07-2018
Business: By precipe
ADv. mr. Giriraj for the pltff present.
Draft Notice of motion alongwith affidavit in support taken out by the pltff for attachment of the property of the deft before judgment t.o.r leave granted to register.
matter is adjd to 23.07.2018 for proof of service of writ of summons and nm
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-07-2018
Date: 23-07-2018
Business: Adv. Mr. Giriraj for the Plaintiff present.
Adv. Mr. Swapnil for Defendant nos. 1 to 9 present. He undertakes to file Vakalatnama on next date.
Original Notice of Motion no. 2689/18 alongwith affidavit in support tendered by the plaintiff. t.o.r.
Adv for deft nos. 1 to 9 have submitted that defts have waived service of writ of summons upon them.
The defts are directed to furnish information in respect of litigation, if any against defts, that too, related to deft no. 1.
Matter is adjd. to 20.08.2018 for reply to N/M/ W.S.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Court is busy in hearing arguments in other matters. Hence, board is discharged.
Matter is adjd. to 12.10.2018.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2018
Date: 12-10-2018
Business: Adv. Mr. Ayush Sharma for the Plaintiff present.
Adv. Ms. Priyanka Shetty for Defendant present.
Adv for the deft seeks adjournment. Granted as a last chance.
Matter is adjd. to 18.02.2019 for N/M reply/ W.S by the deft.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-02-2019
Date: 18-02-2019
Business: Resumed.
Adv. Hardik Desai for plaintiff Adv. Swapnil Gupte for defendants 1 to 9 are present.
Exh. 1 - Plaint
Exh. 2 - Vakalatnama. O- Seen and filed.
Exh. 3 - Address Memo. O- R and R.
Exh. 4 - List of documents. O - Seen and filed.
Exh. 5 - Affidavit in support of plaint.
Exh. 6 - Vakalatnama of Adv. Gupte for Argus Partners. O- filed.
Adv. Gupte seeks time to file reply to NM. Time is granted.
Adjd for NM reply to 10.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2019
Date: 10-04-2019
Business: Resumed.
Adv. Ayush Sharma for plaintiff and Adv. Priyanka Shetty for defendant are present.
Adv. Shetty seeks time to file reply. Time is granted as last chance.
Adjd for NM reply to 15.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2019
Date: 15-04-2019
Business: Matter is not traceable as it is just transferred to this Court.
Advocate Mr. Arvind Giriraj for Plaintiff present.
Advocate Ms. Vatsala Pant for Defendant no.1 present.
None present for Defendant nos.2 to 4.
K.B.
L.O.
Matter is traceable. Same appearance.
Advocate Ms. Shetty for Defendants filed affidavit in reply to NM No.2689/18, t.o.r. Defendants advocate also filed draft Notice of Motion with affidavit in support of Notice of Motion along with Written Statement for condoning delay caused for filing Written Statement by Defendants. Leave to register Notice of Motion is granted. Copy served to other side.
Heard.
F.R.S.R. following order has passed-
ORDER
1. Draft Notice of Motion is made absolute in terms of prayer clause (a) of draft Notice of Motion, subject to cost of Rs.2320/- to be paid by Defendants to Plaintiff.
2. It is made clear that as soon as Defendants will pay the cost amount to Plaintiff their Written Statement will be accepted and exhibited.
3. Draft Notice of Motion be registered for statistical purpose.
By consent, case is adjourned to 26/04/2019 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-04-2019
Date: 26-04-2019
Business: Advocate for Defendant present and filed registered Notice of Motion no.1619/2019 with affidavit in support, t.o.r.
Court is busy in hearing arguments in suit no.1103/17, case is adjourned to 10/06/2019.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2019
Date: 10-06-2019
Business: Adv. Mr. Desai for Plaintiff present.
Adv. Mr. Shetey for Defendant No. 1 present.
Case is adjourned to 17/07/2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2019
Date: 17-07-2019
Business: Court is busy in hearing of HCTB NM in suit no.2489/12, hence board of second session is discharged and case is adjourned to 01/10/2019.
Advocate Mr. Shetty for Defendant present
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019
Date: 09-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: As Court is busy in hearing ad-interim matter in Notice of Motion No.3267/19 in Suit No.1609/13 (by precipee) till 5.00 p.m., hence rest of the board is discharged and this case is adjourned to 25/11/2019 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019
Date: 25-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2020
Date: 06-02-2020
Business: Advocate Ms. Yashvi Panchal for Plaintiff present and sought time for hearing of Notice of Motion. Considering submissions adjourned.
Advocate Priyanka Shetty for Defendant present
Case is adjourned to 17/04/202 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 06-05-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Business: Adjourned due to covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020
Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021
Date: 25-02-2021
Business: Adv Mr. Kaustubh Patil for plff present.
Adv Ms. Priyanka Shetty for deft present.
Advocate for plff seeks adjournment.
By consent, matter is adjd. for NM hearing to 12.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2021
Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021
Date: 12-04-2021
Business: Holiday declared by Honble High Court (as per office order No.78 of 2021, dt.09.04.2021 of this court)
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: Adv Ms. Yashvi Panchal for plff present.
None present for deft.
As nobody is present for deft, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for NM hearing to 29.09.2021.
Judge
L.O. at 12.10 pm.
Adv Ms. Priyanka Shetty i/b Argus Partners for deft No.1 present.
Already adjd. to 29.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2021
Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021
Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021
Date: 29-09-2021
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 10-11-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Business: Adv Ms. Yashvi Panchal present for plff. and seeks adjournment.
Adv Ms. Priyanka Shetty present for deft.No.1.
None present for other deft.
By consent, matter is adjd. for NM hearing to 14.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2022
Date: 14-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: Adv Ms. Indira present for plff. and seeks adjournment.
Adv Ms. Priyanka Shetty present for defts.
As adv for plff seeking adjournment, matter is adjd. for NM hearing in the month of June.
Matter is adjd. for NM hearing to 13.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-06-2022
Date: 13-06-2022
Business: Adv.Yashmi Panchal for plaintiff present.
Adv.Arjun Amin for deft. present.
Read the order dated 15.04.2019 in roznama. Notice of motion for condonation of delay has been allowed. However, said notice of motion is kept pending. It is required to be disposed of in view of said order. Hence, I pass the following order.
ORDER
NM No.2689/2018 is disposed in view of order dated 15.04.2019. It be removed from CIS Accordingly.
The Ld.Adv.for the deft. filed order passed by NCLT. Copy is received by the pltff. Pltff. to make submission in that regard .
Matter adjd to 29.07.2022 at morning session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-07-2022
Date: 29-07-2022
Business: Adv. Aditya Khare for plaintiff present. he requested for time to take instructions and to make submissions with respect to order of NCLT
None for defendant present.
Matter adjd to 10.10.2022 for Plaintiff submissions.
Judge
Next Purpose: FOR___________________
Next Hearing Date: 10-10-2022
Date: 10-10-2022
Business: Adv.P .D. Gandhy for plaintiff present.
None present for deft.
Adv.for pltff. submits that plaintiff has expired, he requested for time to take steps.
Matter adjd to 16.12.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2022
Date: 10-10-2022
Business: Adv.P .D. Gandhy for plaintiff present.
None present for deft.
Adv.for pltff. submits that plaintiff has expired, he requested for time to take steps.
Matter adjd to 16.12.2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2022
Date: 16-12-2022
Business: CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
Adv. P.G. Chudasama i/b Adv. P.D. Gandhy for plaintiff present.
None for defendant.
Matter adj. to 22-02-2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2023
Date: 16-12-2022
Business: CORAM : SHRI R.A. SASNE, AD-HOC ADDL. SESSIONS JUDGE
FOR GREATER MUMBAI, (C.R.No.62)
Adv. P.G. Chudasama i/b Adv. P.D. Gandhy for plaintiff present.
None for defendant.
Matter adj. to 22-02-2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2023
Date: 22-02-2023
Business: Adv.Priyani Chudasama h/f.Adv.P. D. Gandhy for plaintiff present.
None present for defendant.
No steps are taken by the plaintiff. Matter adjd to 09.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023
Date: 22-02-2023
Business: Adv.Priyani Chudasama h/f.Adv.P. D. Gandhy for plaintiff present.
None present for defendant.
No steps are taken by the plaintiff. Matter adjd to 09.06.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-06-2023
Date: 09-06-2023
Business: Adv. Shivani Varade for plaintiff present.
None for defendant
Matter is adjd.to 17-07-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-07-2023
Date: 17-07-2023
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 21-08-2023
Date: 21-08-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 30-09-2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-09-2023
Date: 30-09-2023
Business: None for plaintiff.
None for defendant
Matter is adjd.to 04-11-2023 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 04-11-2023
Date: 04-11-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 16-12-2023 for Order.
Next Purpose: ORDER
Next Hearing Date: 16-12-2023
Date: 16-12-2023
Business: None for plaintiff.
None for defendant
Matter is adjourned to 04-01-2024 for Order.
Next Purpose: ORDER
Next Hearing Date: 04-01-2024
Date: 04-01-2024
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 11-01-2024
Date: 11-01-2024
Business: Adv. Deesha Chaurasia for plaintiff present and filed adjournment application t.o.r. marked as Exh. 22 O- Other side to say.
Adv. Ashok Pandey for defendant no. 1 present and filed say on Exh.22 itself.
Adv.Shashikala Mahamuni for defendant no. 2 present.
O- Adjournment granted today only.
Order below NM No. 1619/19-
The defendant no. 1 has taken out the NM seeking condonation of delay of 232 days in filing written statement. It is stated in the affidavit in support of NM that the writ of summons was served on the defendant no. 1 on 23-07-2018. The defendant has affirmed the written statement on 11-04-2019. However the officials of the defendant no. 1 who were handling the matter left the employment of defendant no. 1 and hence, the defendant no. 1 could not traced the papers in respect of suit for long time. Hence, defendant no. 1 seek condonation of delay in filing written statement . The present NM is accompanied with written statement of defendant no. 1 which is seen verified by Mr. Ashwin Gopal on 11th Day of April 2019.It also appears that the plaintiff didnt file any reply to oppose the NM. Considering the nature of the suit which is for specific performance of the agreement, the reason stated by the defendant no. 1 for the delay, I am of the opinion that the defendant no. 1 has made out a sufficient cause to condone the delay in filing written statement. Hence, the NM deserves to the allowed.
Hence, I pass following order
1. NM No. 1619/19 is made absolute in terms of prayer clause (a)
2. The written statement tendered by the defendant no. 1 along with the NM be taken on record and it is marked as Exh.7
It may also noticed that though the Ld. Counsel for plaintiff on 10-10-2022 informed the court that the sole plaintiff has expired, there is no details about the date of death of the sole plaintiff nor step has been taken to substitute the deceased plaintiff by his legal representative if any. The Ld. Counsel for the plaintiff to take steps accordingly.
Matter is adjourned to 22-02-2024 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-02-2024
Date: 22-02-2024
Business: None present for both sides.
Matter is adjourned to 18-04-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2024
Date: 18-04-2024
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-06-2024
Date: 20-06-2024
Business: None present for both sides.
Matter is adjourned to 26-08-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-08-2024
Date: 26-08-2024
Business: Court is on leave.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-10-2024
Date: 16-10-2024
Business: None for plaintiff present.
None for defendant.
Matter is adjourned to 20-12-2024 for Steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 20-12-2024
Date: 20-12-2024
Business: None for plaintiff present.
None for defendant.
Since long matter is for taking steps but plaintiff failed to take it.
Suit is of the year 2018 means more than 5 years old. Hence, it be kept for dismissal order on next date.
Matter is adjourned to 31.01.2025 for dismissal order.
Next Purpose: ORDER
Next Hearing Date: 31-01-2025
Date: 31-01-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 27.02.2025 for dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 27-02-2025
Date: 27-02-2025
Business: None for plaintiff.
None for defendant.
Matter is adjourned to 24.04.2025 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 24-04-2025
Date: 24-04-2025
Business: None for plaintiff.
None for defendant.
On perusal of record it discerns that plaintiff and his advocate are absent continuously.
Today also plaintiff and his advocate are absent when called out repeatedly.
It appears that plaintiff is not interested in prosecuting the suit. Hence, suit is dismissed for non-prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 24-04-2025Additional Case Details
Additional Case Details
Filing Number: 104484/2018 Filing Date: 26-03-2018 First Hearing Date: 20th July 2018 Decision Date: 24th April 2025 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
2Final Order 124 Apr 2025
24 Apr 2025
Order Details: Other Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0101599/2018 Bipin Popatlal Mehta Vs 1.McNally Bharat Engineering Co.Ltd. 2.Aditya Khaitan 3.Virendra Kumar Verma 4.Asim Kumar Barman Date : 24-04-2025 Business : None for plaintiff. None for defendant. On perusal of record it discerns that plaintiff and his advocate are absent continuously. Today also plaintiff and his advocate are absent when called out repeatedly. It appears that plaintiff is not interested in prosecuting the suit. Hence, suit is dismissed for non-prosecution. Nature of Disposal : DISMISSED Disposal Date : 24-04-2025 COURT 62 ADDL SESSIONS JUDGE -- 1 of 1 --
Order 124 Apr 2025
24 Apr 2025
Order Details: Other Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :SUIT/0101599/2018 Bipin Popatlal Mehta Vs 1.McNally Bharat Engineering Co.Ltd. 2.Aditya Khaitan 3.Virendra Kumar Verma 4.Asim Kumar Barman Date : 24-04-2025 Business : None for plaintiff. None for defendant. On perusal of record it discerns that plaintiff and his advocate are absent continuously. Today also plaintiff and his advocate are absent when called out repeatedly. It appears that plaintiff is not interested in prosecuting the suit. Hence, suit is dismissed for non-prosecution. Nature of Disposal : DISMISSED Disposal Date : 24-04-2025 COURT 62 ADDL SESSIONS JUDGE -- 1 of 1 --
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