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NOTICE OF MOTION

All India Medical Corporation and Anr.VsB.M.C and Ors. - Applicant - D. Abraham and Sons Pvt. ltd.

CNR MHCC0100512720205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 15th December 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
101695/2020
Registration Date
11 Nov 2020

Advocates

3

For Petitioner

Parties

2

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 07-01-2021
Business: Advocate for plaintiff present.
Advocate for deft/BMC present.
Advocate for defendant no. 4 present
Court is busy in hearing in S.C No. 899/2019 and dictating order in St. No. 3804/2020.
Adjourned for R/E to 06/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Advocate for plaintiff present and filed reply to N/M No. 1695/2020 and 1711/2020.
Advocate for defendant no. 4 present and filed 2 registered N/M No. 1695/2020 and N/M No. 1711/2020.
None for defendant/BMC.
Adjourned for N/M Hearing/R/E  to  09/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: None for plaintiff.
Advocate for defendant/BMC present.
Adjourned for R/E to 15/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2021

Date: 15-04-2021
Business: In view of holiday declared by hon''ble High Court. Matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2021

Date: 29-06-2021
Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, hence matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Adv. Nidhi Jain present  for plaintiff.
None present for defendant/MCGM
Adv. Vikrant for defendant no. 4
On oral request plaintiffs adv.
Matter adjourned for R/E on 23-09-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv. Vidhi Jain for plaintiff present.
Adv. Vidya Vyavahare present for MCGM/defendant.
KB
L.o. 02.45 pm.
Adv. Vikrant present for defendant no. 04 and sought time for NM hearing.
Matter adjourned as a last chance for NM hearing to. 25/11/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: Adv. Vidhi Jain  present  for plaintiff.
Adv. Vyavhare @ Sutar  for def. no. 1,5,6 and 7 MCGM/defendant.
None present for def.no. 2,3 and 4
kb
l.o.
Adv. Vaibhav for def. no. 4.
Heard arguments of Ld. ADv. for def. no. 4 and Ld. Adv. for plaintiff on NM no. 1711/2020.
Matter adjourned for Order on 1711/20 and argument on NM 1695/20 on 09-12-2021.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Vaibhav for applicant in chs and for defendant no. 04 present and sought adjournment.
Adv. vidya @ adv. Sutar present  for MCGM/defendant 01,5,6,7.
Adv. Vidhi Jain and Disha Mehta ib Deven Dwarkadas present for plaintiff.
kb. for order on NM No.  1711/20.
Matter adjourned for nm arg. on 1695/2020 to. 15/12/21.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv. Mohd. lokhandwala present for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
adv. Ghogare for deff. no. 04.
F.R.S.R. the following order is passed on NM no.1711/2020 .
ORDER
1) Notice of Motion No. 1711/2020 is made absolute.
2) Additional issues as per schedule to the Notice of Motion No. 1711/2020 be framed.
3) Notice of Motion No. 1711/2020 is disposed off accordingly.
As per order on NM no. 1711/2020, additional issues framed  below Exh. 12A
Authenticated copy of today\''s roznama be given to the parties if requested.
Matter adjourned for arguments on nm 1695/2020 to. 07/01/22.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: None present for plaintiff.
Adv. Soraan @ Adv. Diwate present for MCGM/defendant.
Adv. Smruti Kanade present for defendant no. 04 and sought adjournment.
Matter adjourned for nm arguments to 08/02/22.
l.o. at 03.03 pm.
Adv. Lokhandwala present for plaintiff.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Matter is adjd.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: As presiding officer is on  training at Uttan. Hence, matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Court is busy in urgent hearing matters i.e. Suit No. 1551 of 2022, Suit No. 1203/2009, Suit No. 1566/2022 and hearing SC No. 259 of 2020 and order dictating in Suit No. 60/2015 and Suit No. 96/2015 hence, for want of time  board discharged.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-08-2022

Date: 18-08-2022
Business: Court is busy in High Court Time Bound Matters i.e. Suit No. 216/2012 and Suit. No. 285/2020 and urgent hearing in Suit No. 2593/2010 hence, want of time board is discharged.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Court is busy
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: None for Plaintiff.
Adv Vikrant  for deft no. 4 present.
Adv Smt. Kumud Soraan @ Adv Soraan for defendant/MCGM No.5,6 and 7 present.
On oral request made by advocate for deft no.4 short adjournment is granted as a last chance.
Matter is adjd for NM hearing on 13-12-2022
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: As court is busy in hearing High Court Time Bound Matter i.e. Suit No. 116 of 2012 and orders dictating in ad-interim matter i.e. Stamp No. 13709 of 2022. Hence want of time board is discharged.
Matter is adjd for NM hearing on 02-02-2023
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-02-2023

Date: 02-02-2023
Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 784/17 and urgent hearing in Suit No. 2237 of 2018 and Stamp No. 1313 of 2023. Hence want of time board is discharged.
Matter is adjd for NM hearing on 18-03-2023
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: None for Plaintiff present.
Adv for BMC present.
Today court is busy in final hearing of High Court Time Bound Matter i.e. Suit No. 2599 of 2015 and Suit No. 2610 of 2009 and Stamp No 4692/2023.
Matter is adjd for NM hearing on 20-07-2023
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-07-2023

Date: 20-07-2023
Business: Adv. Sonam Pande for Plaintiff present.
Adv. Jinal for D-4 present.
Adv. Ms. Vyavahare for MCGM present.
Due to heavy rain in Mumbai, matter is adjourned.
Matter is adjd  to 26.09.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Adv. Vaibhav Bhogale for D-4 present.
Adv. Sonam Pandey i/b Deven Dwarkadas and Partners for Plaintiff present.
Adv. Pradip Patil for MCGM present.
On oral request of Ld. Adv. For plaintiff matter is adjourned.
Matter is adjd  to 23.11.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2023

Date: 23-11-2023
Business: Adv. Sagar Pillai  i/b Deven Dwarkadas and Partners for Plaintiff present.
Adv. Vaibhav for D-4 present.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Heard arguments of both sides on NM No. 1695/20.
Matter is adjd  to 15.12.2023 for order on NM No. 1695/20.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Adv. Tanvi Choudhary i/b Dwarkadas and Partner for Plaintiff present.
Adv. Shreya Bhagnari i/b Negandhi Shah and Himayatullah for D-4 present.
Adv. Pradip Patil for MCGM present.
FRSR the following order is passed -
Order on NM No. 1695 of 2020
1.  Notice of Motion No.1695 of 2020 is hereby dismissed.
2.  However, liberty is granted to defendant No.4 to ignore the portion of affidavit of evidence of the aforesaid witness, if the same is shown to be irrelevant or without pleadings at the time of cross examination of aforesaid deponent.
3.  Costs in cause.
4.  Notice of Motion stands disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 15-12-2023

Additional Case Details

Additional Case Details
Filing Number: 103579/2020
Filing Date: 11-11-2020
First Hearing Date: 07th January 2021
Decision Date: 15th December 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
15 Dec 2023

Order Details: Notice of Motion Pdf Text: 1 N.M.No.1695 of 2020 CNR:MHCC01-005127-2020 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.1695 OF 2020 IN L.C. SUIT NO.1212 OF 2010 M/s. D. Abraham & Sons Pvt. Ltd., .. Applicant/ Defendant No.4 In the matter between All India Medical Corporation & Anr. .. Plaintiffs V/s. 1 The Municipal Corporation of Greater Mumbai & Anr. .. Defendants Appearance:- Adv. Sagar Pillai i/b Deven Dwarkadas and Partners for plaintiffs. Adv. Vaibhav…

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