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Court Order

Final Order 1

CNR MHCC01013434201902 Feb 2023
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
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Full Order Text

Final Order 1 · 02 Feb 2023 · CNR MHCC010134342019

Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104911/2019
Anil R. Sachdev and Anr. Vs ASM Promoters Pvt. Ltd. and Ors.
Date : 02-02-2023
Business : None for plaintiff. Adv. Chhaya Parab for defendant No.1
present. Adv. Mrs. Chavan for defendant No.2/ BMC is
present. None for defendant No.3 and 4. K.B. L.O. at 04.30
p.m. Following order is passed on N/M No.4911/2019- O R
D E R When called at 02.45 p.m. none present for plaintiff.
Hence, matter was kept back again when called at 04.30
p.m. none present for plaintiff. Adv. Chhaya Parab for
defendant No.1 present and submitted that suit is of year
2009 and N/M is of year 2019. She further submitted that
on 29/11/2022 and prior to that matter was kept for steps
and dismissal of suit and N/M. Today none present for
plaintiff. It appears that the plaintiff is not interested to
proceed with the N/M. On perusal of roznama it appears
that on 29/11/2022 and prior to that matter was kept for
dismissal of N/M due to want of prosecution. Today also
none present for the plaintiff. Hence, I have no option to
dismiss N/M for want of prosecution. Therefore, I pass
following order.- O R D E R Notice of Motion
No.4911/2019 is dismissed in default. Defendant No.4 has
not appeared but not filed W/S. Hence, suit to proceed
without W/S of defendant No.4. It appears that neither there
is service affidavit of defendant No.3 nor he has appeared.
Therefore, plaintiff is directed to take steps against deft.
No.3.
Nature of Disposal : DISMISSED
Disposal Date : 02-02-2023
COURT 04 AD-HOC ASST SESSIONS JUDGE
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