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
2For Petitioner
For Respondent
Parties
6Acts & Sections
1Hindu 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
1Final Order 128 Sept 2024
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 ) -- 1 of 1 --
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