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NOTICE OF MOTION

Sushil Gopaldas Merchant Suit St.No.2208 of 2019VsMCGM And Anr.

CNR MHCC0100432820194-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
101595/2019
Registration Date
18 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection 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.
    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.1595/19. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Plaintiff is directed to register the Suit till next date and tender original registered NM 1595/19 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.
    Earlier order, if any, to continue 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
    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.
    Earlier order, if any, to continue 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 to tender the registered NM. Hence, the draft NM is posted for dismissal. 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 dismissal/NM reply 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 sought time to file NM reply. Time is granted.
    Plaintiff and his Advocate are directed to tender registered NM till next date.
    Adjourned for tendering registered NM/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.
    Plaintiff and his Advocate are directed to tender registered NM till next date.
    Adjourned for tendering registered NM/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.
    Plaintiff and his Advocate are directed to tender registered NM till next date.
    Adjourned for tendering registered NM/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.  Even, he has not tendered registered NM No. 1595/2019 in the Court. Thus, suit and untendered NM No. 1595/2019 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: 104533/2019
    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

    1
    Final Order 1
    09 Feb 2026
    Order Details: Other
    Pdf Text: 55 Dt:09.02.2026
    SU 2576/23
    NM 1595/19
    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. Even, he has not tendered registered NM No.
    1595/2019 in the Court. Thus, suit and untendered NM No.
    1595/2019 stands dismissed for want of prosecution and finally
    disposed off.
    Judge
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