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NOTICE OF MOTION

Mr. Arjun Sanjeev Tejwani - Suit St. No. 11570 of 2017VsCheif Excutive Officer +2 more

CNR MHCC01008399201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--PLAINT REJECTED
Decision Date: 28th September 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103071/2019
Registration Date
13 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-08-2019
    Business: Court is on Judicial Training
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. Mr. Raja Walecha for plaintiff, requested for adjd.
    None for defendant present.
    Mr. Sanjiv Tejwani, C.A. of plff present.
    Plff to note suit is yet not registered since 2 years. It is still on stamp no.  Plff to take appropriate steps and register the suit in one month, otherwise suit at stage of stamp no. will automatically stand dismissed, without any specific order.
    Matter is adjd. for dismissal on 23.10.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. Ms. Simaran Patil h/f adv. Joveson for plaintiff, submits that most of the point in registration objections are complied and prayed for two weeks for remaining compliance.
    None for defendant present.
    Mr. Sanju Tejwani, plff is present.
    In roznama dtd. 26.09.2019, it is observed to dismiss the suit, without any specific order.  Adv. Ms. Patil submits that she has not gone through roznama dtd. 26.09.2019 and today is her first submission before the court.
    Both has claimed for two weeks time.
    Time granted on previous date is extended till next date, plff to comply positively, to register the suit.  Otherwise, it will automatically stand dismiss on 16.11.2019.
    Matter is adjd. for dismissal on 16.11.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Plaintiff a/w Adv. Simran Patil present.
    None for defendants.
    Adjd. for Objection to 8/1/2020.
    Next Purpose: NM DIRECTION
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    
    Date: 06-02-2020
    Business: Advocate Mr. Joveson for plaintiff is present.
    None present for defendant.
    It is directed to the plaintiff to remove all office objections on or before next date. Otherwise, necessary order will be passed.
    Adjourned for NM hearing to 26.03.2020.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2020
    
    Date: 12-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present.
    Today matter is for NM Hearing.
    The Hon\''ble High Court directed as per clause 4 of SOP                  dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for NM Hearing on 27-01-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: Nobody present.
    Adjd for NM hearing to 07/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2021
    
    Date: 23-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: As PO is busy in dictating Order in ACB Spl. Case No. 10/2016.  Hence, Board is discharged.  Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Bord is discharged therefore matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2022
    
    Date: 05-02-2022
    Business: COURT IS VACANT
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: PO IS ON TRAINING
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Adv  for plff
    Adv  for Defendant
    It seems that the plff has not removed office objection despite of specific direction given by the court on 26.09.2019 and 23.10.2019
    Adv for the plff requests one last opportunity.  Suit is fixed for dismissal order on next date.
    Matter is adjd on 26.08.2022 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Matter called out at 02.45 p.m
    Adv Hemali Merva for plff present
    Adv for Defendant present
    Adv for plff submits that all the office objections are removed and seeks time to get the suit registered.  In view of the submissions, instead of dismissing the suit two weeks time is granted to plff to get the suit registered.
    Matter is adjd on 13.09.2022 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Matter called out at 2.56 pm
    Adv Neha Mishra for plff present
    Adv for A.S.Kapse defendant Nos. 2 and 4  present
    Adv for plff submits that plff  has removed all the objections and seeks time to make submissions on maintainability of issue.  One week time is granted to the plff to make submissions strictly as a last chance.
    Matter is adjd on 20.09.2022 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Matter called out at 3.08 pm
    Adv. Ms. Maria N. for plaintiff present.
    Adv. A. S. Kapse for defendant no. 2 and 4 present.
    Heard arguments of Adv. for plaintiff and Adv. for defendant no. 2 and 4 on the office objections. Adv. for plaintiff submits that she will inform the status of order passed by defendant No. 4 under section 101 of Maharashtra Co-op societies Act. Put up for order on maintainability of the suit.
    Matter is adjd on 28/09/2022 for  order on maintainability of suit
    Next Purpose: ORDER
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Matter called out at 3.13 pm
    Adv Neha Mishra for plff present
    Adv A.S. Kapse for defendant Nos. 2 to 4 present
    K.B. for order
    L.O. at 3.56 pm
    On the last date adv for plaintiff and adv for defendant Nos. 2 and 4 are heard at length on maintainability of the suit.  Perused record.  The suit is lodged on 27.10.2017 and about a period of 5 years, the suit is still on stamp number.  Adv for plaintiff submitted that office objections are removed.  However, record shows that office has raised objection of non issuance of pre suit notice under section 80 of CPC.  In this regard, adv for plff submits that state is a formal party and  no relief is claimed against the state.  Therefore, as per her submissions it is  not necessary to issue notice under section 80 of CPC.  The plaintiff has challenged the order passed u/s 101 of Maharashtra Cooperative Societies Act, 1960 by defendant No.2  i.e. the Deputy Registrar Co. Op. Societies.  Therefore, it cannot be said that no relief is claimed by the plaintiff against the public servant.  Section 80 of CPC mandates pre suit notice before institution of suit against Government or public officer in respect of any act purporting to be done by such public officer in his official capacity. Defendant No.3 is the Governor, RBI and defendant No.4 is the State of Maharashtra.  It is matter of record that plaintiff has neither issued notice  u/s 80 of CPC to defendant Nos. 2 to 4 nor leave is sought u/s 80 (2) of CPC at the time of instituting the suit.  Therefore, the suit in the present form is not maintainable for want of pre suit notice u/s 80 of CPC.  Accordingly, following order is passed
    Order
    1.  The plaint is rejected under Order 7 Rule 11 (d) of CPC.
    2.  Decree be drawn up accordingly
    3.  Stamp No. 11570/2017 is disposed off.
    4.  Pending Notice of Motion 3071/2019 also stands disposed off.
    Authenticated copy of the order be given to the adv for plaintiff.
    Nature Of Disposal: PLAINT REJECTED
    Disposal Date: 28-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 108940/2019
    Filing Date: 13-08-2019
    First Hearing Date: 16th August 2019
    Decision Date: 28th September 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    28 Sept 2022

    Order Details: Notice of Motion Pdf Text: Notice of Motion No 3071 of 2019 Matter called out at 3.13 pm Adv Neha Mishra for plff present Adv A.S. Kapse for defendant Nos. 2 to 4 present K.B. for order L.O. at 3.56 pm On the last date adv for plaintiff and adv for defendant Nos. 2 and 4 are heard at length on maintainability of the suit. Perused record. The suit is lodged on 27.10.2017 and about a period of…

    Read Full Order

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