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NOTICE OF MOTION

H.S.M. Construction Through Prop. Sangay Goyal Suit St. No. 12751 of 2019VsMHADA And Ors.

CNR MHCC0101274520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 20th January 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104658/2019
Registration Date
06 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 09-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-03-2020
    
    Date: 10-03-2020
    Business: adjd to 11.03.2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None for the defendant.
    Matter is adjd. to 03.03.2021 for NM hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: None present.
    Matter is adjd. to 28/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COIVD-19, pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: None present.
    Matter is adjd. to 23/11/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 06.04.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: None for plaintiff.
    Adv. Pathak h/f Adv. Kandekar for MHADA present
    Matter is adjd. to 23-06-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: None present for parties.
    Perusing previous record it appears that plaintiff not tendered registered N/m and Ch/s since 11/03/2020.Thereafter due to lockdown the matter adjourned time to time for tendering N/m and Ch/s. Therefore plaintiff is directed to tender N/m and Ch/s on or before next date. Failing which N/m and Ch/s will be dismissed.
    Matter is adjd. to 16-07-2022 for  N/m and Ch/s dismissal order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None present for parties.
    Perusing record it appears that the plaintiff not tendered the registered NM and ch/s. He was directed tender the same, but today also plaintiff absent. It appears that plaintiff does not want to proceed with Ch/s No. 2339/19 and NM no. 4940/19.
    Hence I passed the following order -
    Ch/s No. 2339/19 and NM no. 4940/19 is hereby dismissed.
    Matter is adjd. to 13.09.2022 for service affidavit.
    Next Purpose: SERVICE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Court is busy in hearing NM no. 3158/21 in suit no. 2303/21 and Dictating order in High Court time bound NM 290/2022 in Suit Stamp no. 452/22. Hence, Matter is adjd. to 07.11.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-11-2022
    
    Date: 07-11-2022
    Business: None present for parties.
    Matter is adjd. to 21.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Court is on leave for 2nd Session.
    Hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2023
    
    Date: 06-02-2023
    Business: None present for the parties.
    Matter is adjourned to 28.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: None for plaintiff.
    Adv. Viplav Khobragade for defendant Nos. 1 to 5/MHADA present.
    Matter is adjourned to 28.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: None present for the plaintiff.
    Adv. Mr. Khobragade for defendant/MHADA is present.
    Adjourned for NM hearing to 27.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: None present for the plaintiff.
    Adv. Mr. Khobragade for defendant/MHADA is present.
    It appears from the roznama that plaintiff is not appearing and proceeding with the matter since many dates. Hence, NM is kept for order of dismissal.
    Matter is adjourned to 14.12.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-12-2023
    
    Date: 14-12-2023
    Business: None present for the plaintiff.
    Adv. Mr. Khobragade for defendant/MHADA is present.
    Today, also plaintiff and his advocate are absent. None present for plaintiff for hearing of NM. Hence, matter is adjourned for dismissal order of NM.
    Matter is adjourned to 20.01.2024 NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: None present for Plaintiff.
    Adv. Mr.Khobragade for defendant/MHADA is present.
    Plaintiff absent when called out repeatedly. On perusal of roznama it reveals that NM is pending for hearing since many dates. But plaintiff is not appearing and proceeding with NM hearing. NM is pending since year 2019. It shows that plaintiff is not interested to proceed with NM hearing. Hence NM No.4658 of 2019 stands dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113505/2019
    Filing Date: 06-12-2019
    First Hearing Date: 09th December 2019
    Decision Date: 20th January 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    20 Jan 2024
    Order Details: Notice of Motion
    Pdf Text: NM 4658-19
    None present for Plaintiff.
    Adv. Mr.Khobragade for defendant/MHADA is present.
    Plaintiff absent when called out repeatedly. On perusal of roznama it reveals that NM is
    pending for hearing since many dates. But plaintiff is not appearing and proceeding
    with NM hearing. NM is pending since year 2019. It shows that plaintiff is not
    interested to proceed with NM hearing. Hence NM No.4658 of 2019 stands dismissed
    for want of prosecution.
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