NOTICE OF MOTION
Jiten Sushil Merchant Suit St.No.2211 of 2019VsMCGM And Anr.
CNR MHCC0100432320194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 09th February 2026
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101599/2019
- Registration Date
- 18 Apr 2019
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 23-04-2019 Business: (In-charge Court of C.R.No.8) Adv. Ms. Seeta Yadav for Plaintiff present and tendered original N/m No. 1599/19 along with affidavit in support. T.O.R. Adv. Vyavhare for Defendant/MCGM present. Earlier order to continue till next date. Adjd. to 27/06/2019 for N/m reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-06-2019 Date: 27-06-2019 Business: Adv. Malashetty h/f Adv. Altaf Khan for plaintiff present. Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present. On oral request of ld adv for def., adjournment granted. Earlier order, if any, to continue till next date. Adjd to 21.08.2019 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-08-2019 Date: 21-08-2019 Business: As P.O. is on training at Uttan, matter is adjd. till next date. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 21-10-2019 Date: 21-10-2019 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-02-2020 Date: 12-02-2020 Business: None for plaintiff. Adv. Khandagle for MCGM/Deft. present. On oral request of advocate for Defendant, adjournment granted as last chance. Matter adjd to 12.06.2020 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-06-2020 Date: 12-06-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-10-2020 Date: 15-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-01-2021 Date: 12-01-2021 Business: Adv. Pragya for plaintiff present. Adv. Ms. Smita Chavan h/f Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM No.1599/19. Time is granted till next date. Plaintiff is directed to register the Suit till next date. Matter adjd to 17/03/2021 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 17-03-2021 Date: 17-03-2021 Business: Adv. Pooja Mishra for plaintiff present. Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date. Plaintiff is directed to register the Suit till next date. Matter adjd to 14/06/2021 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-06-2021 Date: 14-06-2021 Business: Due to Covid-19, matter is adjd to 10-08-2021 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 10-08-2021 Date: 10-08-2021 Business: Adv Yash Mishra for plaintiff present. None for defendant / MCGM (M/West Ward). Plaintiff is directed to register the Suit till next date. Adjd. To 04/10/2021 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-10-2021 Date: 04-10-2021 Business: Adv Yash Mishra for plaintiff present and requests for time to file discharge application. Time is granted till next date. Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date. Plaintiff is directed to register the Suit till next date. Adjd. To 26/11/2021 for filing discharge application by plaintiff / NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-11-2021 Date: 26-11-2021 Business: None for plaintiff. Adv. Mrs. Tondwalkar for Defendant/MCGM is present and seeks time to file reply to NM. Time is granted till next date. Plaintiff is directed to register the Suit till next date. Matter is adjd to 12/01/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 12-01-2022 Date: 12-01-2022 Business: In view of office order no.7/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Adjd. to 13/04/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 13-04-2022 Date: 13-04-2022 Business: None for plaintiff. Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date. Plaintiff is directed to register the Suit till next date. Adjd. To 24/06/2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 24-06-2022 Date: 24-06-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date. Plaintiff is directed to register the Suit till next date. Adjd. to 14/09/2022 for N/M reply/ compliance by plaintiff. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-09-2022 Date: 14-09-2022 Business: None for plaintiff. Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date. It appears that suit has been filed in the year 2019 but till today plaintiff has not registered the suit. Therefore, plaintiff is directed to register the suit till next date. Adjd. to 23/11/2022 for compliance by plaintiff and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-11-2022 Date: 23-11-2022 Business: As Court is busy in urgent ad-interim hearing, board is discharged. Plaintiff is also directed to register the suit till next date. Adjd. to 22/02/2023 for compliance by plaintiff and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 22-02-2023 Date: 22-02-2023 Business: Court is busy in urgent N/M hearing, board is discharged. Plaintiff is also directed to register the suit till next date. Adjd. to 26/06/2023 for compliance by plaintiff and N/M reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-06-2023 Date: 26-06-2023 Business: Court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 29-09-2023 Date: 29-09-2023 Business: None present for plaintiff Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted Office is directed to register suit till next date. Adjd to 14.02.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-02-2024 Date: 14-02-2024 Business: None present for plaintiff Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted. Adjd to 08.05.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-05-2024 Date: 08-05-2024 Business: None present for plaintiff Advocate Mhatre h/f Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Time is granted. Adjd to 05.08.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 05-08-2024 Date: 05-08-2024 Business: Court is on leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-09-2024 Date: 23-09-2024 Business: None present for plaintiff Advocate Honmane for defendant/BMC present and seeks time to file reply to NM. Time is granted as a last chance. Adjd to 09.12.2024 for NM Reply Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-12-2024 Date: 09-12-2024 Business: As HHJ gone for Medical Check-up, board is discharged and matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 26-02-2025 Date: 26-02-2025 Business: Holiday is declared due to Mahashivratri hence matter stands adjourned to 27.02.2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 27-02-2025 Date: 27-02-2025 Business: None present for the plaintiff. Adv. Sujata Puri h/f Adv. Ms. Sangeeta Honmane for defendant/MCGM is present and sought time to file NM reply. Time is granted. Adjourned for NM reply/writ of summons to 09-06-2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-06-2025 Date: 09-06-2025 Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sujata Puri h/f Adv. Ms. Honmane for defendant/MCGM is present and and sought time to file NM reply. Time is granted. Adjourned for NM reply to 07.07.2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 07-07-2025 Date: 07-07-2025 Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Sangita Honmane for defendant/MCGM is present and sought time to file NM reply. Time is granted. Adjourned for NM reply to 20.08.2025. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-08-2025 Date: 20-08-2025 Business: P.O. is on Leave in Second Sessions. Hence, Matter is adjourned. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 15-10-2025 Date: 15-10-2025 Business: CORAM : H.H.J. SHRI. A. K. KALE (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present and sought time to file NM reply. Time is granted. Adjourned for NM Reply to 08.12.2025 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-12-2025 Date: 08-12-2025 Business: Court is on leave Next Purpose: REPLY Next Hearing Date: 09-02-2026 Date: 09-02-2026 Business: CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2023. It would not be appropriate to keep the suit and NM No. 1599/2019 pending unnecessary for years together. Thus, suit and NM No. 1599/2019 stands dismissed for want of prosecution and finally disposed off. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 09-02-2026
Additional Case Details
Additional Case Details
Filing Number: 104532/2019 Filing Date: 18-04-2019 First Hearing Date: 23rd April 2019 Decision Date: 09th February 2026 Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE
Orders
1Final Order 109 Feb 2026
09 Feb 2026
Order Details: Other Pdf Text: 53 Dt:09.02.2026 SU 2565/23 NM 1599/19 CORAM : H.H.J. SHRI. C. S. DATIR (C.R. No. 04) None present for the plaintiff. Adv. Ms. Vidya Vyavhare for defendant/MCGM is present. Plaintiff and his advocate are absent when called repeatedly. It appears, plaintiff is absent since long and failed to take appropriate steps in order to proceed. As plaintiff is not attending the Court, it means, he is not keenly interested to proceed. Suit is pending since 2023. It would not be appropriate to keep the suit and NM No. 1599/2019 pending unnecessary for years together. Thus, suit and NM No. 1599/2019 stands dismissed for want of prosecution and finally disposed off. Judge -- 1 of 1 --
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