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Commercial Suit

Shri. Omkar Dilip GaikwadVsM/s. Orbit Buildcom +4 more

CNR MHCC01008326201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 28th September 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100775/2021
Registration Date
16 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

6

Acts & Sections

1
Hindu Marriage Act · Sec 34 · 38

Case History / Proceedings

Case History
Date: 07-12-2019
Next Purpose: DIRECTIONS
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: None present.
As court is busy in dictating judgment.
Matter adjd to 14.02.2020 for directions.
Next Purpose: DIRECTIONS
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv.Balasaheb Deshmukh for plaintiff present.
Adv.for defendant absent.
Advocate for plaintiff tender application for issuance of writ of summons - Issue writ of summons as prayed.
Matter adjd to 05.05.2020  for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Deshmukh for plaintiff. On his oral request time is extended to serve writ of summons.
Adjd to 15-02-2021
Next Purpose: SERVICE
Next Hearing Date: 15-02-2021

Date: 15-02-2021
Business: Adv. Deshmukh for plaintiff
On his oral request time is extended for service writ of summons.
Adjd for service to 02-07-2021
Next Purpose: SERVICE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 20.07.2021 for service.
Next Purpose: SERVICE
Next Hearing Date: 20-07-2021

Date: 20-07-2021
Business: Both the parties absent when called out.
Adjourned to 18.09.2021 for direction.
Next Purpose: SERVICE
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: Adv. Balasaheb Deshmukh for plaintiff present and filed application for extension of time for service of writ of summons upon the defendants. t.o.r. - Allowed. Time is extended for service of writ of summons upon the defendants.
None for defendants
Matter is adjd.to 11-11-2021 for affidavit of service of writ
of summons.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: None for plaintiff
Matter is adjd.to 04-12-2021 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: None for plaintiff.
Plaintiff is directed to file service affidavit of writ of summons on next date of hearing.
Matter is adjd.to 04-01-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: Adv. Balasaheb Deshmukh for plaintiff present
Time is extended for service of writ of summons upon the deft.
Matter is adjd.to 17-02-2022 for writ of summons.
Next Purpose: WRIT OF SUMMONS
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: Adv. Balasaheb Deshmukh for plaintiff present  and prayed for adjournment – short date be given.
Matter is adjd.to 11-03-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: None for plaintiff.
Matter is adjd.to  16-04-2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: None for plaintiff.
Matter is adjd.to 18-06-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-06-2022

Date: 18-06-2022
Business: None present.
Adjourned to 11-08-2022 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-10-2022

Date: 17-10-2022
Business: None present when called.
Plaintiff to take steps.
Adjd for taking steps to 08/12/2022
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 08-12-2022

Date: 08-12-2022
Business: None present when called. Plaintiff directed to take steps
Adjd for taking steps to 17/01/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 17-02-2023

Date: 17-02-2023
Business: Court is on leave
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: None present.
Plaintiff directed to take steps.
Case is adjourned 26.04.2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Adv. Balasaheb Deshmukh for plaintiff is present and sought time for taking steps. Granted.
None for defendant.
Case is adjourned for steps to 27-06-2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-06-2023

Date: 27-06-2023
Business: Shri. Omkar Dilip Gaikwad Vs M/s. Orbit Buildcom
All called, but absent
Parties to take steps. Else, put for necessary order.
Matter adjourned to12.07.2023 for Dismissal order.
Next Purpose: DISMISSAL
Next Hearing Date: 12-07-2023

Date: 12-07-2023
Business: Shri. Omkar Dilip Gaikwad Vs M/s. Orbit Buildcom
All called, but absent.
Parties to take steps. Else, put for necessary order.
Matter adjourned to 31.07.2023 for steps.
Later on at 12.10 Hrs.
Adv. Balashaeb Deshmukh present for plaintiff.
Matter adjourned to 31.07.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: Shri. Omkar Dilip Gaikwad Vs M/s. Orbit Buildcom
All called, but absent.
Parties to take steps. Else, put for necessary order.
Matter adjourned to 30.08.2023 for steps.
Later on at 12.40 Hrs.
Adv. Balasaheb Deshmukh present for plaintiff.
Exh.4- Affidavit of service filed by plaintiff.
Matter adjourned to 30.08.2023 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Shri. Omkar Dilip Gaikwad Vs M/s. Orbit Buildcom
Adv. Balasaheb Deshmukh present for plaintiff.
Suit is of 2019 and plaintiff is yet to effect service on defendant.
Exh.5 – Application filed by plaintiff for substituted service. Said application is not accompanied with Email ID or address of the defendant. It is also not accompanied with affidavit of the plaintiff. It is filed with cost of  Rs. 500/ payable to DLSA
Matter adjourned to 10.11.2023 for compliance steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: Omkar Gaikwad V/s Orbit Buildcom
All called, but absent.
Plaintiff to take steps . Else, put for dismissal order.
Case adjourned to 07.12.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 07-12-2023

Date: 07-12-2023
Business: Shri. Omkar Dilip Gaikwad  Vs M/s. Orbit Buildcom
Adv. Shri Balasaheb Deshmukh present for plaintiff.
None for defendant.
K/b
Exh.06- application filed by plaintiff seeking time for comply order dt. 30.08.2023.
Order- Allowed.
Case adjourned to  26.02.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 26-02-2024

Date: 26-02-2024
Business: Omkar Gaikwad V/s Orbit Buildcom
Adv. Rashi Sheth present for plaintiff.
Exh.7 - Adjournment application filed by plaintiff seeking time to file Vakilpatra.
Order - Allowed of today.
Plaintiff to comply Order Dt.30.08.2023 regarding cost.
Suit adjourned to 01.04.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-04-2024

Date: 01-04-2024
Business: Shri Omkar Gaikwad Vs M/s. Orbit Builcome
All called, but absent.
Plaintiff to take steps, else put for dismissal order.
Suit adjourned to 29.04.2024 for compliance.
Later on at 15.05 Hrs.
Adv. Balasaheb Deshmukh present for plaintiff.
He submitted that suit be placed before lokadalat for withdrawal.
Suit adjourned to 29.04.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Omkar Gaikwad V/s Orbit Buildcom
Plaintiff side called, but absent.
Plaintiff to take steps.
Suit adjourned to 27.07.2024 for Lok- Adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 27-07-2024

Date: 27-07-2024
Business: Adv Aditya Sawant for plaintiff present.
Matter stands Adj on 28/09/2024.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 29-07-2024

Date: 29-07-2024
Business: Not on Board, Taken on todays board by Courts order.
The Suit was listed for dismissal order.
On oral request of plaintiff (Roznama dt.01.04.2024), the Suit was adjourned to be placed before Lok-adalat for withdrawal.
Accordingly, the Suit was listed before Lok-adalat on 27.07.2024.
Before the Lok-adalat (27.07.2024), Sheristedar, on request of Ld. Counsel for plaintiff Adv. Aditya Sawant has allotted the next date as 28.09.2024 which is Lok-adalat.
As the Suit was listed for dismissal order, hence Suit cannot be allotted next date which will be of Lok-adalat.
Therefore it is taken on todays board.
Suit is adjourned for dismissal order on 22.08.2024.
Plaintiff to note the new date as 22.08.2024.
Suit adjourned to 22.08.2024 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 22-08-2024

Date: 22-08-2024
Business: Shri Omkar Dilip Gaikwad Vs M/s. Orbit Buildcom
Adv. Aditya Sawant present for plaintiff.
Perused roznama dt. 27.07.2024 and 29.07.2024.
Later on at 12.49 Hrs.
Adv. Aditya Sawant present for plaintiff.
Exh.08- Application filed by plaintiff for adjournment of the Suit before Lok-adalat.
It is submitted that, plaintiff is passing through hard financial time and hence wants to withdraw the Suit and hence plaintiff counsel had on 27.07.2024 (Lok-adalat day) got Suit adjourned to next Lok-adalat on 22.08.2024.
In the interest of justice Suit is adjourned to Lok-adalat dt. 28.09.2024.
Suit adjourned to 28.09.2024 for Lok-adalat.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 28-09-2024

Date: 28-09-2024
Business: CORAM-H.H.J SHRI. CHANDRAKANT S. DATIR
LOKADALAT PANEL NO.XIII(CR. NO. 31)
Mr. Omkar Gaikwad, the plaintiff in person is present through Video conferencing, identified by his advocate.
Adv. Balasaheb Deshmukh for plaintiff is present and filed withdrawal application. Taken on record. It is marked as Exh-9.
In view of Exh-9, The plaintiff is allowed to withdraw the suit. Court fees be refunded as per rules. Accordingly, suit is finally disposed of.
Nature Of Disposal: WITHDRAWL
Disposal Date: 28-09-2024

Additional Case Details

Additional Case Details
Filing Number: 108799/2019
Filing Date: 07-08-2019
First Hearing Date: 07th December 2019
Decision Date: 28th September 2024
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
28 Sept 2024
Order Details: Other
Pdf Text: 28/09/2024
Sr. No.5
Com. Suit
775/21
Exh-9
CORAM-H.H.J SHRI. CHANDRAKANT S. DATIR
LOKADALAT PANEL NO.XIII(CR. NO. 31)
Mr. Omkar Gaikwad, the plaintiff in person is present through
Video conferencing, identified by his advocate.
Adv. Balasaheb Deshmukh for plaintiff is present and filed
withdrawal application. Taken on record. It is marked as Exh-9.
In view of Exh-9, The plaintiff is allowed to withdraw the suit.
Court fees be refunded as per rules. Accordingly, suit is finally
disposed of.
PANEL HEAD PANEL MEMBER
(CHANDRAKANT S. DATIR) (Mr. ASHISH T. SURYAVANSHI )
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