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NOTICE OF MOTION

Mr. Jagjit Singh VijanVsMCGM

CNR MHCC0100474520204-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st August 2024

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101578/2020
Registration Date
03 Nov 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-11-2020
    Business: None for Plainitff.
    Adv. Mrs. Smita Chavan h/f. Adv. Mr. Khandagale for
    Defendant/MCGM present.
    Adv. Mr.  Bhavesh Thakur for applicant present and request of
    time for service of Ch/s. Time is granted.
    Matter adjd to 09/12/2020 for service and reply to Ch/s. and
    NM.
    Next Purpose: SERVICE
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv. Jain h/f. Adv. Kudalkar for plaintiff present.
    Adv. Khandagale for deft/MCGM present.
    Adv. Bhavesh Thakur for applicant present.
    Plaintiff is directed to tender original registered NM No. 1578/2020 on next date.
    Applicant is directed to tender original registered Chs. No. 596/2020 on next date.
    Matter adjd to 29/01/2021 for Service and reply to Chs. and NM.
    Next Purpose: SERVICE
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
    Adv. Khandagle for deft/MCGM present.
    Matter adjd to 22/03/2021 for Service and Reply to NM and Ch/s.
    Later On. At 03.30 pm.
    Adv. Bhavesh Thakur for intervenor present.
    Matter is already adjd to 22/03/2021 for Service and Reply to NM and Ch/s.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Matter is adjd to 23/04/2021 for Service and Reply to NM and Ch/s.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Due to Covid - 19.
    Next Purpose: SERVICE
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: HHJ is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    None for applicant.
    Plaintiff is directed to tender original registered NM No. 1578/2020 on next date.
    Applicant is directed to tender original registered Ch/s. No. 596/2020 on next date.
    Adjd. To 16/11/2021 for service and reply to NM and Ch/s.
    Next Purpose: SERVICE
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None for plaintiff.
    Adv Mrs Rawade h.f. Adv. Tondwalkar for defendant / MCGM present.
    Plaintiff is directed to tender original registered Ch/s. No. 596/2020 on next date.
    Matter is adjd to 24/01/2022 for service and reply to Ch/s.
    Next Purpose: SERVICE
    Next Hearing Date: 24-01-2022
    
    Date: 24-01-2022
    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 11/3/2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Adjd. To 04/05/2022 for service and reply to Ch/s.
    Next Purpose: SERVICE
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: As Court is busy in dictating judgment in Suit Nos.179/2010 and 181/2010, board is discharged.
    Adjd. To 29/06/2022 for service and reply to Ch/s.
    Next Purpose: SERVICE
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    None for applicant.
    Applicant is directed to tender original Ch/S No. 596/2020 on next date.
    Plaintiff is also directed to tender original N/M No. 1578/2020 on next date.
    Adjd. to 12/08/2022 for service and reply to Ch/s and N/M.
    Next Purpose: SERVICE
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    None for applicant.
    Applicant is directed to tender original Ch/S No. 596/2020 on next date.
    Plaintiff is also directed to tender original N/M No. 1578/2020 on next date.
    Adjd. to 07/11/2022 for service and reply to Ch/S and N/M.
    Next Purpose: SERVICE
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: None for plaintiff.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    None for applicant.
    Applicant is directed to tender original Ch/S No. 596/2020 on next date. Plaintiff is also directed to tender original N/M No. 1578/2020 on next date.
    Adjd. to 12/12/2022 for service and reply to Ch/S and N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-12-2022
    
    Date: 12-12-2022
    Business: Adv. Apoorva h/f Adv. Kudalkar for plaintiff present and submitted that plaintiff is not contacting and they are going to issue notice to the plaintiff. Hence, time is granted till next date
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    None for applicant.
    Adjd. to 06/03/2023 for service and reply to Ch/S and N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-03-2023
    
    Date: 06-03-2023
    Business: As Court is busy in urgent N/M hearing and dictating orders in Ch/S, board is discharged.
    Adjd. to 05/04/2023 for service and reply to Ch/S and N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present and and requested for time to file NM. Time is granted till next date.
    None for applicant.
    Applicant is directed to tender original C/S no. 596/2020 on next date.
    Adjd. to 26/06/2023 for service and reply to C/S. And NM.
    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: 21-08-2023
    
    Date: 21-08-2023
    Business: None present for plaintiff
    None present for applicant.
    Advocate Suryavanshi  for defendant/BMC present.
    Applicant is directed to tender original ch/s  596/20 on next date.
    Adjd to 11.10.2023   for service and reply to ch/s
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None present for plaintif.
    Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
    The ch/s No. 596/2020 is pending since long for reply by the plaintiff. However plaintiff has not filed reply to ch/s. Hence no say order passed against the plaintiff. The applicant is directed to tender ch/s till next date failing which necessary order will be passed.
    Adjd  to  06.11.2023  for Compliance and ch/s Hearing without reply.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-11-2023
    
    Date: 06-11-2023
    Business: None present for plaintiff
    Advocate Suryavanshi  for defendant/BMC present.
    Applicant  is absent and inspite of repeated direction he has not tender Ch/s 596/2020. hence matter adjourned and kept for dismissal of ch/s
    Adv. for deft/BMC seeks time to file reply to  NM No. 1578/2020. hence time granted. Plaintiff is directed to tender NM on next date.
    Adjd  to  17.01.2024   for Chs Dismissal, Compliance by plaintiff and reply by deft/BMC to NM.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 17-01-2024
    
    Date: 17-01-2024
    Business: None present for plaintiff
    Advocate Suryavanshi for defendant/BMC present.
    Plaintiff is directed to tender NM No. 1578/20 on next date
    Adjd  to 20.01.2024 for Ch/s Dismissal/Compliance by plaintiff and NM by BMC
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None present for plaintiff
    Advocate Mhatre  h/f Suryavanshi for defendant/BMC present.
    As Court is busy in urgent matter, due to paucity of time. Matter adjourned for dismissal
    Adjd  to  17.02.2024  for Ch/s dismissal
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 17-02-2024
    
    Date: 17-02-2024
    Business: None present for plaintiff.
    Advocate Jyoti Mhatre-Patil h/f Suryavanshi for defendant/BMC present.
    Plaintiff is directed to tender Nm No. 1578/2020 on next date.
    Adjd  to  20.04.2024   for Ch/s dismissal and NM Reply.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: As court is busy in hearing on ad-interim relief, Board is discharged and matter adjourned.
    Adjd  to   15.06.2024  for ch/s dismissal
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 15-06-2024
    
    Date: 15-06-2024
    Business: None present for plaintiff
    Adv  Vyawahare for defendant /BMC present and seeks time to file reply to NM. Time is granted.
        The third party applicant has taken out ch/s No. 596/2020. However applicant has tendered ch/s inspite of repeated direction. Hence ch/s was kept for dismissal for want of compliance but inspite of that applicant has not tendered ch/s. Today none present for applicant, hence I pass following order
    ORDER
    Chamber summons No. 596/2020 is dismissed for want of compliance.
    Plaintiff is directed to tender NM No. 1578/2020 till next date otherwise same will be dismissed.
    Adjd.  to  21.08.2024 for  NM Reply and service of writ of summons
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2024
    
    Date: 21-08-2024
    Business: Advocate Honmane   for defendant/BMC present.
    None present for plaintiff, today mater is posted for reply an service of writ of summons. The plaintiff has not tendered NM No. 1758/2020 inspite of repeated direction. On previous date plaintiff was directed to tender NM till today otherwise same will be dismissed but inspite of that plaintiff has not tender NM. Hence NM No. 1578/2020 is dismissed for want of Compliance.
    Adjd  to  08.11.2024   for  service of writ of summons.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 21-08-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105175/2020
    Filing Date: 03-11-2020
    First Hearing Date: 05th November 2020
    Decision Date: 21st August 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    21 Aug 2024
    Order Details: Other
    Pdf Text: 74 Dt:21.08.2024
    SU 187/20
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Honmane for defendant/BMC present.
    None present for plaintiff, today mater is posted for reply an
    service of writ of summons. The plaintiff has not tendered NM
    No. 1758/2020 inspite of repeated direction. On previous date
    plaintiff was directed to tender NM till today otherwise same
    will be dismissed but inspite of that plaintiff has not tender NM.
    Hence NM No. 1578/2020 is dismissed for want of Compliance.
    Adjd to 08.11.2024 for service of writ of summons.
    Judge
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