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NOTICE OF MOTION

Abdul Kasid Shaikh - (Suit St. No. 4174/ +1 moreVsBrihanmumbai Electic Supply And Transport +1 more

CNR MHCC0100438820208-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 06th August 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101420/2020
Registration Date
09 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-10-2020
    Business: The court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: None for present for plaintiff.
    Adv.Yasmin Sarang for defendant no.1 is present
    Adv.Priti Shaha for defendant no.2 is present.
    She tendered original registered Notice of Motion 1420/20.
    Matter is adjd. to 08.12.2020  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present for Plaintiff.
    	Adv. Ms. Yasmin Sarang for Defendant No. 1 present.
    	Adv. Ms. Priti Shah for Defendant No. 2 present.
    	Inspite of obtaining ad-interim order, today the Plaintiff is absent before the court.  Advocate for Defendants expressed their willingness to argue NM and further informed that Defendant No. 2 has taken out NM for vacating ad-interim order passed in the motion of the Plaintiff.
    		Advocate for Defendant No. 2 submitted that Affidavit in support of NM of Defendant No. 2 be treated as Reply to NM of present Plaintiff.  Her submission is accepted.
    	Matter adj. to 10/12/2020 for Reply to NM by Defendant No. 1/Reply to NM of Defendant No. 2 by the Plaintiff/Compliance regarding registration of suit by the Plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv Kayur Kulkarni for the plaintiff present.
    Adv Preeti Shah for the defendant no.2
    Adv Yasmin Sarang for defendant no.1
    Reply tendered by defendant no 1 on NM No.1312/2020. It is submitted by learned advocate of defendant no 1 that the plaintiff has not followed the directions given by the Court by order dated 10.08.2020 and the plaintiff has taken electricity connection  without obtaining permission of defendant no 1, which is not permissible as per rules.
    The plaintiff is directed to register the suit on or before next date, failure to which suit will be dismissed.
    The plaintiff has not tendered register NM.
    Adv. for the plaintiff has requested time to file reply on NM of defendant no 2. Time is granted as last chance till next date.
    Matter is adjd. to 15.12.2020 for compliance by the plaintiff/if compliance made for NM hearing No.1312/2020/ reply be the plaintiff to NM no.1420/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv Kulkarni present for the plaintiff.
    Adv Yasmin Sarang present for the defendant no.1.
    Adv Preeti Shah present for the defendant no. 2
    Register Motion no.1312/2020 tendered by the plaintiff T.O.R.
    Matter is adjd. to 16.12.2020 for explanation from plaintiff in respect of permission sought from BEST in view of ad-interim order.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Adv Keyur Kulkarni present for the plaintiff.
    Adv Yasmin Sarang present for the defendant no.1.
    Adv Preeti Shah present for the defendant no. 2
    Affidavit tendered by adv. of the plaintiff T.O.R.
    Affidavit of Abdul Kadir Shaikh T.O.R.
    Adv for defendant no. 1 is directed to verify about the contains of the affidavit tendered by the adv of the plaintiff and informed to this Court. Further directed to secure presence of responsible officer from BEST on next date.
    Matter is adjd. to 22.12.2020 for NM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: As Court is on leave. Hence, board is discharged and matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: None for plaintiff.
    Adv. Yashim Sarang with Officer Shri. Pise for the defendant no.1.
    Adv. Priti Shaha for the defendant no.2.
    Affidavit filed by the defendant no.1. t.o.r.
    Matter is adjd. to  09/03/2021 for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: None for plaintiff.
    Adv. Yasmin Sarang for the defendant No.1.
    Matter is adjd. to 29/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Business: DUE TO CODE-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None for plaintiff.
    Adv. Yasmin Sarang for D/1 present.
    Adv. Pushpa Thapa for D/2 present.
    Matter is adjd. to 27/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Already adj. to 18-11-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: None present for the plaintiff.
    Adv Yasmin Sarang present for the defendant no.1
    Adv Thapa present for the defendant no.2
    Matter is adjd. to 15.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 14.03.2022 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present for plaintiff.
    Adv. Pushpa Thapa present for defendant def. no. 02.
    Adv. Yasmin Sarang Present for defendant no. 01.
    As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 08/04/22.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: None present for plaintiff.
    Adv. Pratik Thakur hf adv. keni present for defendants 01.
    Adv. Pushpa thapa hf adv. Priti shah present for defendants 02.
    from the record it appears that, since long plaintiffs and their advocates are absent and they did not take steps for proceeding further. Today also plaintiff and their advocate are absent, and they did not advance arguments on nm no. 1312/2020. From the conduct of the plaintiff, it appears that, plaintiff is not interested to proceed further with Nm no. 1312/2020. Therefore NM no. 1312/2020 is dismissed As Per Order 9 Rule 8 Of Code Of Civil Procedure. Nm no. 1312/2020 is disposed off accordingly.
    Matter adjourned for nm hrg. On nm no. 1420/2020 to 05/05/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2022
    
    Date: 05-05-2022
    Business: None present for plaintiff.
    Adv. Yasmin sarang present for defendant.
    Adv. sandhya present for defendant no. 02 and sought adjournment.
    As plaintiff and his adv. are absent, Matter adjourned for nm hrg. To 22/07/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2022
    
    Date: 22-07-2022
    Business: None present for plaintiff. Adv. Yasmin Sarang present for defendant 01. Adv. Pushpa Thapa present for the defendant no. 02. As plaintiff and his adv. are absent, Matter adjourned for dismissal order to 06/08/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-08-2022
    
    Date: 06-08-2022
    Business: None present for plaintiff.
    Adv. Yasmin sarang present for defendant 01.
    None present for other defendant 01.
    From the record it appears that, plaintiff and his adv. are absent since long and did not take steps to proceed further with the suit and therefore matter is kept for dismissal order. Today also plaintiff and his advocate are absent. From the above conduct of the plaintiff, it appears that plaintiff is not interested to proceed further with the suit. Therefore, it will be appropriate to dismiss the suit as per Order 9 Rule 8 Of Code Of Civil Procedure. Hence, suit is dismissed as per Order 9 Rule 8 Of Code Of Civil Procedure. As the suit is disposed off NM no. 1420/2020 does not survive, therefore, nm no. 1420/2020 is disposed off accordingly. Proceeding is closed.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 06-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104812/2020
    Filing Date: 09-10-2020
    First Hearing Date: 09th October 2020
    Decision Date: 06th August 2022
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    06 Aug 2022
    Order Details: Notice of Motion
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 08 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101420/2020
    Abdul Kasid Shaikh - (Suit St. No. 4174/2020) Vs Brihanmumbai Electic Supply And Transport
    Date : 06-08-2022
    Business : None present for plaintiff. Adv. Yasmin sarang present for
    defendant 01. None present for other defendant 01. From
    the record it appears that, plaintiff and his adv. are absent
    since long and did not take steps to proceed further with the
    suit and therefore matter is kept for dismissal order. Today
    also plaintiff and his advocate are absent. From the above
    conduct of the plaintiff, it appears that plaintiff is not
    interested to proceed further with the suit. Therefore, it will
    be appropriate to dismiss the suit as per Order 9 Rule 8 Of
    Code Of Civil Procedure. Hence, suit is dismissed as per
    Order 9 Rule 8 Of Code Of Civil Procedure. As the suit is
    disposed off NM no. 1420/2020 does not survive, therefore,
    nm no. 1420/2020 is disposed off accordingly. Proceeding
    is closed.
    Nature of Disposal : OTHERWISE
    Disposal Date : 06-08-2022
    COURT 08 ADDL SESSIONS JUDGE
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