Commercial Suit
Dr. Sir. George P. JosephVsMr. Tushar Ghansham Kolambkar
CNR MHCC01004985201932-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 15th April 2023
TrustJury record updated 20 Sept 2026
Case Overview
- Registration Number
- 100472/2021
- Registration Date
- 24 Jul 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Hindu Marriage Act · Sec Order 39
Case History / Proceedings
Case History
Date: 14-08-2019
Business: Matter called out (11.16am)
Plaintiff and his advocate absent.
Defendant in person present with the copy of suit summons.
Matter adj for written statement on 16/09/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-09-2019
Date: 16-09-2019
Business: Matter called out(11.45am)
Plaintiff and his advocate absent.
Exh-1 Plaint
Exh-2 Vakalatnama Exh-3 Memorandum of register address. Exh-4 List of documents. Exh-5 Adv.Sanjay Kolge for defendant present filed vakalatnama. Time granted to file written statement. Matter adj for written statement on 16/10/19.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-10-2019
Date: 16-10-2019
Business: Matter called out(12.16pm)
Adv.R.A.Dubey for plaintiff present.
Exh-6 Adv.Sanjay Kolge for defendant no.25 to 28 present filed written statement. T.O.R
Copy serve to the other side.
Matter is adj to 08/01/20 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 08-01-2020
Date: 08-01-2020
Business: Matter is called out at 11.48am
Plaintiff and his advocate absent.
Defendant present.
Adv.Sanjay Kolge for defendant present.
Matter is adj to 29/04/2020 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 29-04-2020
Date: 29-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: DRAFT ISSUES
Next Hearing Date: 20-05-2020
Date: 20-05-2020
Business: National Lockdown
Next Purpose: DRAFT ISSUES
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-08-2020
Date: 13-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-10-2020
Date: 13-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the parties.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Business: Defendant present.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 21.04.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 21-04-2021
Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: DRAFT ISSUES
Next Hearing Date: 26-07-2021
Date: 26-07-2021
Business: As Court is on leave, matter is adjd to 18.08.2021 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-08-2021
Date: 18-08-2021
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 09-09-2021
Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: DRAFT ISSUES
Next Hearing Date: 05-10-2021
Date: 05-10-2021
Business: None present for plaintiff.
None present for defendant.
K.B.
L.O. at 1.20 p.m.
Adv. Prashant Malik h/f Adv. Sanjay Kolge for defendant present.
The defendant is disputing the jurisdiction of commercial Court to deal with this suit. He submits that he will file notice of motion for the same.
Matter adjd to 11.11.2021 for filing Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-11-2021
Date: 11-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.56 pm,
Adv.Draviya Pravin Koymavalappil h/f.Adv.Prashant Malik appeared for the defendant. Adv.Draviya Pravin Koymavalappil submits that the defendant is willing to file vakalatnama Adv.Prashant Malik. Hence, adjd for filing new vakalatnama and notice of motion in respect of jurisdiction on 14.12.2021.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-12-2021
Date: 14-12-2021
Business: HHJ is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-01-2022
Date: 19-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 10.02.2022 for filing new Vakalatnama and notice of motion in respect of jurisdiction by the defendant.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Business: None present for plaintiff.
Adv. Mr. Prashant Malik for the defendant is present.
In view of SOP dated 6.1.2022, matter adjd to 15.03.2022 for filing NM in respect of jurisdiction.
L.O. at 1.00 p.m.
Adv. Prashant Malik filed VP for defendant t.o.r marked as exh.7.
Defendant present.
Matter already adjd 15.03.2022 for filing NM in respect of jurisdiction.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None present for plaintiff.
None present for defendant.
KB
L.O. at 01.20 p.m.
Defendant and his Adv. Mr. Prashant Malik present.
Matter adjd to 19.04.2022 for filing NM in respect of jurisdiction.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-04-2022
Date: 19-04-2022
Business: None present for plaintiff.
Defendant present.
The defendant has not filed any notice of motion in respect of jurisdiction, case to proceed further.
Matter adjd to 14.06.2022 for framing of issues.
Next Purpose: FRAMING ISSUES
Next Hearing Date: 14-06-2022
Date: 14-06-2022
Business: None present for both parties.
K.B.L.O. at 12.55 p.m.
None presnet for plff.
Adv Prashant Malik for deft present and seeks time for filing draft issues.
Matter adjd to 13.07.2022 for draft issues.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: None present for plff.
Adv Prashant V Malik for deft present and seeks time to file draft issues.
Matter is ajd. for draft issues to 10.08.2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 10-08-2022
Date: 10-08-2022
Business: None present.
KB. LO 12.20.
Adj. For Draft issues on 03/09/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 03-09-2022
Date: 03-09-2022
Business: As per office order No.178/2021 dt. 25/08/2022 of Honble Principle Judge and Letter no. X(Gen)-0202/2022/1622 dt. 25.08.2022 of Honble High Court, Bombay, today declared holiday on account of Ganesh Festival.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 27-09-2022
Date: 27-09-2022
Business: None present.
Deft in person present.
Ex.08. Deft in person filed draft issues.
Adj. For Draft issues by plff on 18/10/2022.
Next Purpose: DRAFT ISSUES
Next Hearing Date: 18-10-2022
Date: 18-10-2022
Business: None Present for Plff.
Adv. Kumar Gaurav Soukee h/f Adv. Prashant Malik Present for Deft.
Plff has not filed draft issues.
Adj. For Framing issues and CMS hearing on 21/11/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 21-11-2022
Date: 21-11-2022
Business: None Present for Plff.
Deft in person present.
Case is draft issues since long. Plff has not filed draft issues.
Ex.09- Issues framed.
Adj. For CMS hearing and List of witness on 12/12/2022.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 12-12-2022
Date: 12-12-2022
Business: Court on Leave
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 07-01-2023
Date: 07-01-2023
Business: None Present for Plff.
Adv. Kumar Gaurav h/f Adv. Prashant Malik Present for Deft.
Deft in person present.
Heard adv of deft on case management schedule. Fixed CMS as under.
Case Management Hearing/ Schedule.
On or before
Business.
07/01/2023 to 18/02/2023.
Evidence of witnesses of plff. ( Chief and Cross examination)
18/02/2023 to 31/03/2023.
Evidence of witnesses of Deft ( Chief and Cross examination)
Within 15 days after 31/03/2023.
Arguments
Adj. For Evidence of Plff on 01/02/2023.
Next Purpose: O.XV-A Case Management Hearing
Next Hearing Date: 01-02-2023
Date: 01-02-2023
Business: None Present for Plff.
Adv. Kumar Gaurav Sonker h/f Adv. Prashant Malik Present for Deft.
KB 1.00 pm.
LO at 1.00 p.m.
Adv. Kumar Gaurav Sonker h/f Adv. Prashant Malik Present for Deft.
None present for plaintiff.
Today case is for evidence of plaintiff but he remained absent. Hence, case adjourned for order against plaintiff to 23.02.2023.
Next Purpose: ORDER
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: None Present for Plff.
Adv. Kumar Gavrav h/f Adv. Prashant Malik Present for Deft.
Deft present.
KB LO 11.50 am.
None Present for Plff.
Adv. Kumar Gavrav h/f Adv. Prashant Malik Present for Deft.
Deft present.
Case is for evidence of plff from 01/02/2023. As per CMS schedule plff has to conclude his evidence on or before 18/02/2023 but plff and his advocate remained absent since long.
Hence adj. For dismissal of suit on 17/03/2023.
Next Purpose: DISMISSAL
Next Hearing Date: 17-03-2023
Date: 17-03-2023
Business: None for plff. present.
Adv. Prashant Malik for defendant present.
L.O.on 12.30 pm.
Message received from the department of this court that today advocates are on strikes.
Case adjourned for dismissal order on 15.04.2023.
Next Purpose: DISMISSAL
Next Hearing Date: 15-04-2023
Date: 15-04-2023
Business: None Present for Plff.
Deft present.
KB 4.00
Case is for dismissal order because plaintiff is absent since long and has not adduced evidence. However today also plaintiff remained absent. Hence suit stands dismissed for want of prosecution.
Nature Of Disposal: DISMISSED
Disposal Date: 15-04-2023Additional Case Details
Additional Case Details
Filing Number: 105503/2019 Filing Date: 04-05-2019 First Hearing Date: 14th August 2019 Decision Date: 15th April 2023 Court Number And Judge: 32-COURT 32 ADDL SESSIONS JUDGE
Orders
1Final Order 115 Apr 2023
15 Apr 2023
Order Details: Other Pdf Text: 15.04.2023 03 Coram: H. H. J. SHRI. N.P. Tribhuwan Judge, (C.R.NO. 32) Comm SU 472/21 None Present for Plff. Deft present. KB 4.00 Case is for dismissal order because plaintiff is absent since long and has not adduced evidence. However today also plaintiff remained absent. Hence suit stands dismissed for want of prosecution. Judge -- 1 of 1 --
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