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SUIT - SHORT CAUSE CIVIL SUIT

Anil Kumar Jagaram Gupta +1 moreVsMCGM

CNR MHCC0101298720194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 04th May 2024

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
103332/2019
Registration Date
11 Dec 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Hindu Marriage Act · Sec 37 and 38

    Case History / Proceedings

    Case History
    Date: 15-02-2020
    Business: None for plaintiff.
    Matter adjd to  20.04.2020  for direction.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: DIRECTIONS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd to
    Next Purpose: DIRECTIONS
    Next Hearing Date: 24-08-2020
    
    Date: 24-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-11-2020
    
    Date: 11-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Adv. Ravindra Singh h/f Adv. Asit Singh for plaintiff present
    Matter adjd to 01/03/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: None for plaintiff.
    Matter adjd to 23/04/2021 for Directions.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: DIRECTIONS
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv Asit Singh for plaintiff and and requests for time for service of writ of summons. Time is granted till next date.
    Adv Smita Chavan h/f Adv Tondwalkar for defendant / MCGM present.
    Adjd. To 20/10/2021 for service of writ of summons.
    Next Purpose: SERVICE
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Advocate Asit Singh for plaintiff is present and requested short adjournment for service of writ of summons upon defendants. Time granted till next date.
    Adjd. for service of summons on defendant to 20.12.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv. Asit Singh for Plaintiff present and seeks time to serve the Writ of Summons on Defendant/MCGM. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Advocate for Defendant/MCGM submitted that she has not yet received the copy of Plaint. Therefore, Plaintiff is directed to serve the copy of Plaint upon Defendant/MCGM till next date.
    Matter is adjd to 21/03/2022 for service of Writ of Summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None for plaintiff.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Adjd. To 20/06/2022 for service of writ of summons.
    L.O. at 11.55 a.m.
    Adv Asit Singh for plaintiff present.
    Already adjd. To 20/06/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Asit Singh for plaintiff present and directed to serve the writ of summons to the deft. Time is granted till next date.
    Plaintiff is absent.
    Adjd. to 12/08/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Asit Singh for plaintiff present.
    Adjd. to 19/09/2022 for service of writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Asit Singh for plaintiff present and tendered application for discharge, TOR and marked as Exh.2. O - Perused envelop Exh.3 and RPAD acknowledgment Exh.4. Hence, allowed.
    Exh. 3 - Envelop.
    Exh. 4 - RPAD receipt.
    Adjd. to 21/11/2022 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: None for plaintiff. The suit is of year 2019 and pending since long of writ of summons but plaintiff has not filed writ of summons hence, adjourned for writ of summons with direction that if plaintiff did not file writ of summons, necessary order will be passed on next date.
    Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Adjd. to 21/01/2023 for writ of summons/ necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Court is on leave.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-03-2023
    
    Date: 08-03-2023
    Business: None for plaintiff.
    Adv. Mr. Suryavanshi for defendant/ BMC is present.
    Adjd. to 17/07/2023 for writ of summons/ necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: None present for plaintiff
    Adjd for service of Writ of Summons/necessary order to 11/10/2023
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2023
    
    Date: 11-10-2023
    Business: None present for plaintiff.
    The suit is filed in the year 2019 and pending for writ of service of summons. Writ of summons has not been served upon corporation. Hence, Issue writ of summons through Bailiff. The plaintiff to provide copy of plaint and annexure.
    Adjd  to 13.12.2023     for Writ of summons /Necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 13-12-2023
    
    Date: 13-12-2023
    Business: None present for plaintiff.
    Adjd to 21.02.2024 for Writ of summons /Necessary order.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-02-2024
    
    Date: 21-02-2024
    Business: None present for plaintiff
    Adjd  to   08.04.2024   for  writ of summons /Necessary order
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-04-2024
    
    Date: 08-04-2024
    Business: Court is on leave, hence matter adjourned.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: None present for plaintiff
    Writ of summons  is not served upon deft/BMC. The suit is of year 2019 but no steps taken for service of writ of summons. Hence matter adjourned and kept for dismissal of suit for want of prosecution.
    Adjd  to  04.05.2024   for dismissal of suit.
    Next Purpose: SUIT DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: None present for plaintiff.
    Advocate  Amar Patil h/f Suryavanshi for defendant/BMC present.
    keep back
    Later on 1.30 p.m
       The suit is of year 2019 and  pending since long for service of writ of summons. The plaintiff has not provided copies of the plaint and documents to serve upon deft/BMC. Therefore on previous date matter was adjourned and kept today for dismissal of suit  but inspite of that none appeared for plaintiff. This shows that plaintiff is not interested to proceed with the suit. Therefore I have no option but to dismiss the suit for want of prosecution. Hence I pass following order
    ORDER
    Suit is dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 04-05-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 113786/2019
    Filing Date: 11-12-2019
    First Hearing Date: 15th February 2020
    Decision Date: 04th May 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    04 May 2024
    Order Details: Other
    Pdf Text: 29 Dt:04.05.2024
    SU 3332/19
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff.
    Advocate Amar Patil h/f Suryavanshi for defendant/BMC
    present.
    keep back
    Later on 1.30 p.m
    The suit is of year 2019 and pending since long for
    service of writ of summons. The plaintiff has not provided
    copies of the plaint and documents to serve upon deft/BMC.
    Therefore on previous date matter was adjourned and kept
    today for dismissal of suit but inspite of that none appeared
    for plaintiff. This shows that plaintiff is not interested to
    proceed with the suit. Therefore I have no option but to
    dismiss the suit for want of prosecution. Hence I pass
    following order
    ORDER
    Suit is dismissed for want of prosecution.
    Judge
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