SUIT - SHORT CAUSE CIVIL SUIT
Sayed Zakir HusainVsM/s Adani Electricity
CNR MHCC01011904201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING
TrustJury record updated 23 Sept 2026
Case Overview
- Registration Number
- 100032/2024
- Registration Date
- 01 Jan 2020
- Next Hearing Date
- 05 Oct 2026
- Case Stage
- C/S HEARING
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
Acts & Sections
1Hindu Marriage Act · Sec 39
Case History / Proceedings
Case History
Date: 23-01-2020
Business: Adv. Wasim Khan for plaintiff present.
Exh. 1 Plaint
Exh. 2 Vakalatnama of adv. of plaintiff.
Exh. 3 Address memorandum.
Exh. 4 List of documents.
Adjd to 23-03-2020 for Service .
Next Purpose: SERVICE
Next Hearing Date: 23-03-2020
Date: 23-03-2020
Next Purpose: SERVICE
Next Hearing Date: 01-04-2020
Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020
Date: 16-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020
Date: 05-05-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020
Date: 27-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: SERVICE
Next Hearing Date: 12-06-2020
Date: 12-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: SERVICE
Next Hearing Date: 15-09-2020
Date: 15-09-2020
Business: Due to Lock-down (Covid 19) the matter is adjd.
Next Purpose: SERVICE
Next Hearing Date: 10-11-2020
Date: 10-11-2020
Business: Due to Covid-19, the matter is adjourned to 05.02.2021.
Next Purpose: SERVICE
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Wasim Khan for plaintiff present.
Affidavit of service tender by advocate for pltff.
Fresh writ of summons to the defendant.
The matter is adjd for affidavit of service to .31.03.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for affidavit of service to 13.07.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-07-2021
Date: 13-07-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 26-08-2021
Date: 26-08-2021
Business: Adv. Wasim Khan for plaintiff present. He prayed for issuance of fresh summons. O. - Issue fresh summons to the defendant.
The matter is adjd for filing service affidavit to 14.10.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: None present.
The matter is adjd for filing service affidavit to 25.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: None present.
The matter is adjd for filing service affidavit to 22.12.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: None for plaintiff.
Adv. Satish Kamat for deft. present. He submits that yesterday, deft. is served with N/M.
Plaintiff has not taken leave to register N/M. Plaintiff has asked deft. to remain present before the Court at 11.00 am. Accordingly, Adv. For deft. is present. However, plaintiff is absent.
Adv. For deft. sought time for filing vakalatnama. Time as prayed for is granted.
The matter is adjd for filing vakalatnama to 18.01.2022.
L.O. at 02.50 pm.
Adv. Wasim Khan for plaintiff present. He prayed for issuance of fresh writ of summons to deft. Writ of summons is not served to deft. Therefore, issue fresh writ of summons to deft.
Adv. For plaintiff tendered draft N/M. Leave to register N/M is granted. Adv. For plaintiff filed service affidavit regarding service of N/M. T.O.R.
The matter is already adjd to 18.01.2022 now for filing reply to N/M and for filing vakalatnama.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2022
Date: 18-01-2022
Business: None for plaintiff.
Adv. Akash Kothari along with Adv. Kiran Gandhi for deft. present.
Exh.5 - Vakalatnama of M/s. Little and Co. is filed on behalf of deft. T.O.R.
The matter is adjd for N/M reply to 03.02.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-02-2022
Date: 03-02-2022
Business: Adv. Wasim Khan for plaintiff present.
In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for N/M reply to 01.03.2022.
L.O. at 02.50 pm.
Adv. Niharika Singh for deft. present.
The matter is already adjd for N/M reply to 01.03.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Adv. Wasim Khan for plaintiff present.
Adv. Akash Kothari for deft. present.
Ld. counsel for plaintiff is directed to file service affidavit regarding service of writ of summons.
Plaintiff is directed to register the N/M.
Ld. counsel for plaintiff prayed for extension of time for service of summons to deft. O. - Extension of time for service of summons to deft. is granted.
On oral request of Adv. For plaintiff, matter be kept in Lok-Adalat.
The matter is adjd for Lok-Adalat to 12.03.2022.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-03-2022
Date: 12-03-2022
Business: NATIONAL LOK-ADALAT HELD ON 12.03.2022 (PANEL NO.7)
None present.
Matter adjourned to 01.04.2022.
HHJ. Shri. R.M.Sadrani - Panel Head
Adv.Ms.Pooja Narvekar - Panel Member
Adv. Mr. D. S. Bade - Panel Member
Next Purpose: FOR___________________
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Plaintiff present.
Adv. Wasim Khan for plaintiff present.
Advocate for plaintiff tendered registered Notice of Motion no.784/2022. T.O.R.
none for defendant.
The matter is adjd for filing reply to notice of motion no.784/2022 to 09.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-06-2022
Date: 09-06-2022
Business: Adv. Wasim Khan for plaintiff present. Plaintiff present.
None for deft.
Order-sheet shows that deft. appeared through advocate on 18.01.2022. Inspite of sufficient opportunities and time, deft. failed to file reply to N/M. Therefore, N/M bearing No.784/22 to proceed without reply of deft.
The matter is adjd for hearing on N/M No.784/22 to 20.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022
Date: 20-06-2022
Business: None for plaintiff.
Adv. Akash Kothari for deft. present.
Adv. For deft. tendered draft N/M. Leave to register N/M is granted.
The matter is adjd for service of N/M and reply to 05.07.2022.
L.O. at 03.00 pm.
Adv. Bushra Khan for plaintiff present.
The matter is already adjd for service of N/M and reply to 05.07.2022.
Next Purpose: SERVICE
Next Hearing Date: 05-07-2022
Date: 05-07-2022
Business: Adv. Wasim Khan for plaintiff present.
Adv. Akash Kothari for deft. present.
Adv. For deft. tendered registered N/M No.2151/22. T.O.R.
Adv. For deft. also tendered service affidavit regarding service of N/M. T.O.R.
Adv. For plaintiff sought time for filing reply to N/M. Time as prayed for is granted.
The matter is adjd for reply to N/M to 13.07.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-07-2022
Date: 13-07-2022
Business: Adv. Wasim Khan for plaintiff present. Plaintiff present.
Adv. Akash Kothari for deft. present.
Adv. For plaintiff filed reply to N/M No.2151/22. T.O.R.
Copy of reply is served to Adv. for deft.
The matter is adjd for hearing on N/M to 20.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: Plaintiff present.
Adv. Akash Kothari for deft. present.
Plaintiff sought an adjournment on the ground that his advocate is not feeling well. Adjournment as prayed for is granted.
The matter is adjd for hearing on N/M to 27.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Wasim Khan for plaintiff present. Plaintiff present.
Adv. Akash Kothari for deft. present.
Adv. For deft. tendered copy of power of attorney. T.O.R.
Heard arguments of both sides on N/M No.2151/22.
The matter is adjd for order on N/M No.2151/22 to 30.07.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 30-07-2022
Date: 30-07-2022
Business: Adv. Wasim Khan for plaintiff present. Plaintiff present.
Adv. Yash Bhansali i/b. Little and Co. for deft. present.
ORDER BELOW N/M NO.2151/2022
This N/M is taken out by defendant praying to set aside \''no reply\'' order dated 09.06.2022 passed by this Court in N/M No.784/2022.
2. Defendant submits that reply affidavit of defendant was ready and it was affirmed on 18.01.2022. However, N/M was not registered. Therefore, by sending email dated 03.02.2022, advocate for defendant requested plaintiff\''s advocate to provide entire set of N/M and its registered number. However, plaintiff\''s advocate did not reply said email. On 09.06.2022, defendant learnt that this Court has passed an order to proceed N/M No.784/2022 without reply of defendant. Defendant submits that plaintiff has not registered the N/M. Therefore, it could not file the reply on the given date. By making these submissions, defendant prayed to allow the N/M.
3. Plaintiff, by filing reply affidavit, strongly resisted the N/M. It is submitted that copy of the draft N/M and affidavit was already served to the plaintiff. Service affidavit to that effect is also filed on 05.02.2021. On 18.01.2022, advocate Akash Kothari appeared on behalf of defendant and sought time for filing reply to N/M. However, defendant failed to file reply to N/M. Affidavit filed along with N/M did not contain a verification clause. Defendant has failed to file on record resolution or authority letter to show that deponent of the affidavit annexed with N/M was authorized on behalf of defendant. Therefore, affidavit annexed with N/M cannot be relied upon. Defendant has failed to make out a case for setting aside \''no reply\'' order. By making these averments, plaintiff prayed to dismiss the N/M with exemplary costs.
4. Ld. Counsel for plaintiff submits that draft N/M was already served to the defendant and therefore, defendant was able to file reply to the N/M and it was not necessary to wait till registration of N/M. Affidavit annexed with N/M did not contain a verification clause. Deponent has not filed on record authority letter, power of attorney or resolution to show that he is authorized by defendant to take out N/M. By making these submissions, ld. Counsel for plaintiff prayed to reject the N/M.
5. Considered the submissions advanced on behalf of both the sides.
6. During the course of hearing, defendant filed on record copy of power of attorney to show that deponent Jayprakash Ghotekar was authorized to represent defendant company.
7. The affidavit annexed with N/M did not contain a separate verification clause. However, said affidavit appears to be affirmed before notary. Therefore, considering the nature of the proceedings, the affidavit annexed with the N/M cannot be discarded.
8. Defendant is coming with the specific case that plaintiff failed to register N/M and therefore, defendant could not file reply affidavit. Its reply affidavit was ready on 18.01.2022.
9. Plaintiff submits that draft N/M was served to the defendant and service affidavit accordingly is filed on 05.02.2021. However, record shows that at that time, plaintiff has not taken out N/M. Plaintiff has tendered draft N/M on 22.12.2021. On that day, leave to register draft N/M was granted. However, record shows that plaintiff has not tendered the registered N/M till 01.04.2022. On 01.04.2022, plaintiff tendered registered N/M and matter was adjourned to 09.06.2022 for reply to N/M. On that day, defendant failed to appear. Therefore, this Court has passed an order to proceed N/M no.784/2022 without reply.
10. Order-sheet shows that plaintiff was not diligent in taking steps for registration of the N/M. Adv. For defendant, by sending an email dated 03.02.2022, asked advocate for plaintiff to provide registration number of the N/M. Thus, it appears that for want of registration number of N/M, defendant has not filed on record reply to N/M. Therefore, it would be just and proper to allow defendant to contest N/M No.784/2022 on merits. However, it cannot be ignored that none appeared on behalf of defendant on 01.04.2022 and 09.06.2022 and therefore, hearing of the suit was adjourned. Therefore, while allowing present N/M, it is necessary to award costs upon defendant. In the result, following order.
ORDER
1. N/M No.2151/2022 is made absolute in terms of prayer clause (a) subject to payment of costs of Rs.1,000/- (Rupees One Thousand Only) payable to plaintiff within one week.
2. On payment of costs, reply of defendant to N/M No.784/2022 be taken on record.
3. N/M No.2151/2022 is disposed of accordingly.
The matter is adjd for compliance to 08.08.2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2022
Date: 08-08-2022
Business: Adv. Bushra khan h/f. Adv. Wasim Khan for plaintiff present. Plaintiff present.
Adv. Akash Kothari for deft. present.
Adv. For deft. paid costs of Rs.1,000/- as per order dated 30.07.2022 to Adv. For plaintiff.
Adv. For deft. tendered reply to N/M No.784/22. T.O.R.
Copy thereof is served to Adv. For plaintiff.
The matter is adjd for hearing on N/M to 23.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Wasim Khan for plaintiff present. Plaintiff present.
Adv. Akash Kothari for deft. present.
Representative of deft. present.
By consent, the matter is adjd for N/M hearing to 20.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2022
Date: 14-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022
Date: 16-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2023
Date: 05-01-2023
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-02-2023
Date: 02-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023
Date: 23-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2023
Date: 15-03-2023
Business: The court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: Court is Vacant.
Hence matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023
Date: 27-04-2023
Business: As court is vacant. Hence, matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2023
Date: 15-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023
Date: 14-07-2023
Business: As court is vacant. Hence, matter is adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2023
Date: 25-08-2023
Business: Matter received under transfer from Court Room No. 14
Sayed Zakir Husain Vs M/s Adani Electricity
All called, but absent.
Exh.6- Notice of Motion No. 784/2022 (Exhibit marked today).
Exh.7- Affidavit in support of Notice of Motion (Exhibit marked today).
Defendant to file reply if any to the Notice of Motion 784/2022.
Parties to argue if any by next date.
Matter adjourned to 27.09.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2023
Date: 27-09-2023
Business: Sayed Zakir Husain Vs M/s Adani Electricity
Adv. Vasim Khan present with plaintiff.
Defendant side called, but absent.
Exh.9 - Application filed by plaintiff for converting the commercial suit to regular suit.
O- other side to say.
Matter adjourned to 07.11.2023 for say of defendant.
Next Purpose: REPLY
Next Hearing Date: 07-11-2023
Date: 07-11-2023
Business: Sayed Zakir Husain Vs M/s Adani Electricity
Adv. Kinjal Gogri present for plaintiff.
Defendant side called, but absent.
Exh.09 is pending for reply of the defendant.
As defendant is absent, Exh.09 is allowed.
Order- In view of submission made by the plaintiff, following order is passed :
ORDER
1. Application at Exh.09 is allowed.
2. Board Department shall re-register the Suit in appropriate category and shall assign the Suit to appropriate Court, as per Rules.
3. Parties shall appear before the Tranfree court on 03.01.2024
4. It is made clear to both plaintiff and defendants that, their pleading, which they have filed before this Court shall be part and parcel of the proceeding before Transferee Court, irrespective of stage and nature of new Suit. After transfer, the Suit shall be subjected to the stage, which is decided by the Transferee Court.
Case adjourned to 03.01.2024 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 03-01-2024
Date: 03-01-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Asif Khan present for plaintiff.
Adv. Niharika Singh present for defendant.
Matter is adjd. for NM hearing to 06.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-02-2024
Date: 06-02-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Kinjal Gogri h/f Adv. Wasim Khan present for plaintiff.
Adv. Tushar Bhagwat present for defendant.
By consent.
Plaintiff is present.
Matter is adjd. for NM hearing to 21.02.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024
Date: 21-02-2024
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2024
Date: 04-04-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
None present for defendant.
Matter is adjd. for NM hearing to 24.06.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2024
Date: 24-06-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. Rutuja Shinde present for defendant and undertakes to file Vakalatnama.
KB
None present for plaintiff.
Adv. Rutuja Shinde present for defendant.
Matter is adjd. for NM hearing to 02.08.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2024
Date: 02-08-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. Neha Chaudhary present for defendant and filed Vakalatnama. Taken on record. Marked as Exh-10.
KB
Adv. for defendant filed application production of document. Taken on record. Marked as Exh-11.
Matter is adjd. for NM hearing to 25.09.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2024
Date: 25-09-2024
Business: None present for plaintiff.
Adv. Nikhat Chaudhari present for defendant.
Matter is adjd. for Order to 22.10.2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: None present for plaintiff.
Adv. Nikhat Chaudhari present for defendant.
Matter is adjd. for Dismissal to 16.12.2024.
Next Purpose: DISMISSAL
Next Hearing Date: 16-12-2024
Date: 16-12-2024
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
None present for plaintiff.
Adv. Riz Khan present for defendant.
KB
Adv. Wasim khan present for plaintiff and filed Vakalatnama on behalf of proposed plaintiff. Taken on record. Marked as Exh-12. He also filed draft Chamber Summons alongwith affidavit in support. Taken on record. O- Leave to register is granted.
Matter is adjd. for CS reply to 17.02.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 17-02-2025
Date: 17-02-2025
Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
Adv. Arifa Shah present for plaintiff.
Adv. Riz Khan i/b Adv. Shah present for defendant.
Matter is adjd. for CS reply to 25.04.2025.
Next Purpose: C/S REPLY
Next Hearing Date: 25-04-2025
Date: 25-04-2025
Business: None for plaintiff.
Adv. Nikhan Choudhary i/b Adv. Kavisha Shah for defendant present and made statement that she did not receive copy of Ch/s. Plaintiff is directed to supply copy of Ch/s to defendant.
Matter adjourned on 30-06-2025 for compliance.
Next Purpose: C/S REPLY
Next Hearing Date: 30-06-2025
Date: 30-06-2025
Business: Advocate W. R. Khan for plaintiff present. Advocate Shweta More i/b Advocate Kavisha Shah for defendant present. Court is vacant and hence, matter adjourned.
Next Purpose: C/S REPLY
Next Hearing Date: 23-07-2025
Date: 23-07-2025
Business: Court is on leave
Next Purpose: C/S REPLY
Next Hearing Date: 26-09-2025
Date: 26-09-2025
Business: Advocate Wasim Khan present for plaintiff.
Advocate Teena Surela present for defendant.
Advocate for the plaintiff/defendant tendered registered Ch/s No.2389/2025 along with affidavit in support. t.o.r. Copy is served to the defendant.
Advocate for plaintiff has “Not pressed” NM No.789/2022, hence, finally disposed off.
Matter is adjd to 02.12.2025 for Ch/s Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 02-12-2025
Date: 02-12-2025
Business: None present for plaintiff.
Advocate Nikhat Chaudhary present for defendant, filed reply to Ch/s No.2389/2025.
Matter is adjd to 09.03.2026 for Ch/s Hearing.
Next Purpose: C/S HEARING
Next Hearing Date: 09-03-2026
Date: 09-03-2026
Business: None present for plaintiff.
Advocate Kavisha Shah present for defendant.
Matter is adjd for C/S hearing to 25.06.2026.
Next Purpose: C/S HEARING
Next Hearing Date: 25-06-2026
Date: 25-06-2026
Business: None present for plaintiff.
Advocate Prathamesh Bhosale present for defendant.
Matter is adjd. for Ch/s Hearing to 05.10.2026
Next Purpose: C/S HEARING
Next Hearing Date: 05-10-2026Additional Case Details
Additional Case Details
Filing Number: 112741/2019 Filing Date: 21-11-2019 First Hearing Date: 23rd January 2020 Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE
Orders
0No order text is available in this record.
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