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NOTICE OF MOTION

Ashok Khetan and Ors. - Applicant Akhil Bhartiya Varshiya Marwari Agarwal Jatiya KoshVsBMC AND ANR.

CNR MHCC0100496020206-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 29th April 2023

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101545/2020
Registration Date
28 Oct 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-11-2020
    Business: Adv. Raj Patel for plaintiff present.
    Adv. Dhuri for defendant/BMC present.
    Adv. M.G. Raut for D/2 present.
    Ld. advocate for plaintiff requested for time to file registered NM as there are mistakes in the title clause which he wants to rectify and file. O-Granted.
    Matter adjd. to 14.01.2021 filing registered NM
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Advocate for plaintiff present.
    Advocate for defendant no. 2 present
    Advocate  Neeta Jadhav for defendant no. 1/BMC present.
    Plaintiff and def. no. 2 have orally submitted that there is likelihood of settlement between parties. Todays matters be posted along with other similar matter posted on 16/02/2021. Request considered.
    Adjourned for N/M Hearing to 16/02/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2021
    
    Date: 16-02-2021
    Business: None for plaintiff.
    Advocate for defendant/BMC present.
    Advocate Limaye for defendant 2 present.
    Court busy in hearing suit no. 1106/2012 and other precipe matters.
    Adjourned for R/E to 30/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: None present for plaintiff.
    Advocate Nitin Raut for defendant no. 2 present.
    Advocate Mrs. Dhuri for defendant/BMC Present.
    Adjd for R/E to 28/09/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Advocate for plaintiff present.
    Advocate  Smt. Meena Dhuri for defendant/BMC present.
    Advocate for Defendant No. 2 present.
    Adjd for R.E. to 25.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: None present for plaintiff.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Advocate Nitin Raut for Defendant No. 2
    Advocate defendant No. 2 submitted that settlement talks are going with the plaintiff.
    Adjd for R.E. to 13.01.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    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 for R/E. to 01.03.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Advocate Dhiraj Mehetre a/w. Nayan Mahar I/b. Khatan Legal Associate for plaintiff present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Advocate for defendant No. 2 present.
    Adjd for R.E. to 26.04.2022.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: Advocate Satyasrikant Vutha I/b Ketan legal Associates for plaintiff present.
    Advocate N.G. Raut Defendant No. 2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for R.E. to  07.07.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Advocate Satyasrikant Vutha I/b M/s. Khaitan Legal Associates for plaintiff present.
    Advocate Nitin G. Raut for Defendant No. 2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for R.E.  to  04.08.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: court is on leave
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 08-09-2022
    
    Date: 08-09-2022
    Business: Advocate Shreyas Lele I/b Khaitan  Legal Associates for plaintiff present and filed draft Chamber Summons  @ affidavit in support.
    O- Leave granted to register
    Advocate  Smt. Meena Dhuri for defendant/BMC present.
    Adv. Nitin G. Raut for defendant No. 2 present.
    Rest of the defendant absent.
    Adjd for Ch/s Reply/R.E.  to  06.10.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: None present for plaintiff.
    Adv. Nitin G. Raut for defendant No. 2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Keep back on 11.30 a.m
    Advocate for Plaintiff is directed to file registered chamber summons on or before next date.
    Adjd for filing registered Chamber summons/ R.E. to  10.11.2022
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 10-11-2022
    
    Date: 10-11-2022
    Business: Advocate for plaintiff/Applicant present and filed registered Chamber summons No.1562/2022.
    Advocate Mr. Nitin Raut for defendant No.2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for Chamber summons Reply and hearing/R.E. to 12/01/2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Advocate for plaintiff present.
    Advocate N.G. Raut  for defendant No. 2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Applicant and his Advocate are present.
    Advocate for plaintiff prays for time filing reply on Chamber summons O- Time is granted.
    Adjd for Filing reply on Ch/s to  21.01.2023
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Advocate Nayan for plaintiff present.
    Advocate Nitin Raut for Def. No. 2 present and filed reply on chamber summons no. 1562/2022. Copy served.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Adjd for Ch/s Hearing to 21.02.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Advocate Satyasrikant Vutha for plaintiff present.
    Adv Nitin G. Raut for defendant No. 2 present.
    Advocate Shri. Sunil Khandagale for defendant/BMC present.
    Heard argument of both sides on Chamber summons No. 1562/2022
    FRSR FOLLOWING ORDER PASSED on Chamber summons NO. 1562/2022
    ORDER
    1. Chamber Summons No. 1562/2022 is allowed.
    2. Plaintiff shall carry out amendment  in the plaint within 14 days from date of this order.
    3. Chamber summons No. 1562/2022 is disposed off.
    Adjd for Compliance to  21.03.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Advocate Nayan Mahar for plaintiff present
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for Compliance to  20.04.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: By praecipe
    Not on Board. Taken on Board by praecipe
    Advocate Nayan Mahar for plaintiff present and filed application  for extension of time to carry out amendment.
    Heard.
    Order- Read application. Heard. Perused documents. Already matter is kept for compliance. Considering the grounds mentioned in application time to compliance of order dated 21.02.2023 is extended till next date.
    Already Adjd to  20.04.2023
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Advocate Mr. Dhiraj Mhetre with Mr. Nayan Mahar for plaintiff present and filed draft Chamber Summons. O-Leave granted to register.
    Adv Nitin G. Raut for defendant No. 2 present.
    Advocate Smt. Meena Dhuri for defendant/BMC present.
    Adjd for Ch/s Reply/Hearing to 21.04.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 21-04-2023
    
    Date: 21-04-2023
    Business: Advocate Nayan Mahar for plaintiff present.
    Advocate Smt. Deepali Patil for defendant/BMC present.
    Advocate Nitin G. Raut for defendant No. 2 present.
    FRSR FOLLOWING ORDER IS PASSED ON DRAFT CHAMBER SUMMONS
    ORDER
    1.   Draft Chamber Summons is allowed.
    2.   The plaintiff is permitted to correct typographical error by mentioning designation of plaintiff no. 2 as a secretary in schedule of amendment within statutory period.
    3.    The plaintiff is permitted to carry out amendment as per corrected schedule of amendment annexed with present chamber summons within 14 days from the date of this order and file amended plaint within statutory period.
    4.    Both the parties to take note of this order.
    5.    Cost in cause.
    6.    Draft chamber summons be register for statistical purpose.
    Adjd for Compliance to 27.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Advocate Shreyas Lele for plaintiff present and filed application for withdrawal of suit Marked as Exh. 5.          O- Other side to say.
    Adv. Nitin G. Raut for defendant No. 2 present and filed say   on Exh. 5 itself
    Advocate Smt. Meena Dhuri for defendant/BMC present and filed say on Exh. 5 itself.
    Adjd for Order on Exh. 5  to  29.04.2023
    Next Purpose: ORDER
    Next Hearing Date: 29-04-2023
    
    Date: 29-04-2023
    Business: Disposed off
    Nature Of Disposal: OTHER
    Disposal Date: 29-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105247/2020
    Filing Date: 28-10-2020
    First Hearing Date: 26th November 2020
    Decision Date: 29th April 2023
    Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    29 Apr 2023

    Order Details: Other Pdf Text: 1 Dt:29.04.2023 SU 7452/03 Exh. 5 CORAM : H.H.J. SHRI. R. B. PARVEKAR ( C.R. No. 06 ) Advocate Shreyas Lele a/w Nayan Mahar I/b Khaitan Legal Associates for plaintiff present and filed registered Notice of Motion No. 1545/2020 and not pressed the same. Adv for plaintiff filed application for withdrawal of suit Marked as Exh. 5. O Other side to say. Adv. Nitin G. Raut for defendant No. 2 present. Advocate Smt. Meena Dhuri…

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