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SUIT - SHORT CAUSE CIVIL SUIT

Akramal Najibul SarkarVsMCGM

CNR MHCC0101377720195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 14th December 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
102147/2019
Registration Date
30 Jul 2019

Advocates

0

No advocate information is available in this record.

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
CODE OF CIVIL PROCEDURE · Sec 9

Case History / Proceedings

Case History
Date: 30-07-2019
Business: Adv.Mr.J.S.Yadav for plaintiff present. Adv.Smt. Rawade for defendant/MCGM present. Adv.of Plaintiff filed NM No.2819/2019 a/w. Affidavit t.o.r. Adv.of BMC filed reply to NM No.2819/19 a/w. List of documents t.o.r. Matter adjd to 01.08.2019 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-08-2019

Date: 01-08-2019
Business: Adv.Mr.B.P.Shukla for plaintiff present. Adv.Smt. Rawade for defendant/MCGM present. Adv.of Plaintiff filed affidavit-in-Rejoinder t.o.r. Copy served on today. Earlier order if any to continue till the next date. Matter adjd to 08.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: Adv.J.S.Yadav for plaintiff present. Adv.Meena Dhuri for defendant/MCGM present. Earlier order if any to continue till the next date. As Court is busy in dictating judgment in SC 774/2013, hence, board discharged. Matter adjd to 22.08.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv.J.S.Yadav for plaintiff present. Adv.Smt. Rawade for defendant/MCGM present. Earlier order if any to continue till the next date. Ld.Adv.for the defendant objects for adjournment. Matter adjd to 03.09.2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-09-2019

Date: 03-09-2019
Business: Adv. J. S. Yadav for plaintiff present. Adv. Meena Dhuri for defendant/MCGM present. Matter adjd to 19/09/2019 for NM Argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-09-2019

Date: 19-09-2019
Business: Plaintiff absent and Adv. Mr. B. P. Shukla present. Adv. Mrs. Dhuri for defendant/MCGM present. As Court is busy in hearing arguments in suit nos.585/2012, 2456/19 and 3867/2007, recording evidence in Suit no.625/2010, passing orders and other misc. work hence, board is discharged. Matter adjd to 17/10/2019 for hrg.on n/m.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. B.P.Shukla for plaintiff present. Adv. Mrs. Rawade for defendant / MCGM present. Heard arguments both sides. Earlier order if any to continue till the next date. Matter is adjd to 02.11.2019 for order of N/M.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: P. O. is on leave. Adj to 11-11-2019
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Plaintiff and Adv. Mr. Shukla present. Adv. Mr. Patil for defendant/MCGM present. F. R. S. R. Following order is passed on Notice of Motion no.2819/2019. O R D E R The Notice of Motion no.2819/2019 is dismissed. Matter adjd to 21/12/2019 for W/st. L. O. at 05.35 p.m. Adv. For plaintiff filed an application for extension of interim order t.o.r. and marked as Exh. Order Earlier order extended till 18/11/2019 to prefer appeal. Sheristedar to provide authenticated copy of this roznama to the plaintiff.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-12-2019

Date: 21-12-2019
Business: As Court is on leave.
Matter is adjd to WS to 20/03/2020
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: COVID-19 Adv for plaintiff absent. Adv Suryawanshi for MCGM/defendant present. Matter adjourned for ws to
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-10-2020

Date: 20-10-2020
Business: Plaintiff and adv absent. Adv Suryawanshi for MCGM/defendant present. as plaintiff and his adv. absent,  Matter adjourned for WS 19-12-2020.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: As court is on leave, hence matter is adjd for WS to 20-02-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 20-02-2021

Date: 20-02-2021
Business: None present for plaintiff. None present for MCGM/defendant. Due to COVID-19 , Matter adjourned for ws to 17-04-2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: Due to COVID-19,  Matter adjourned for ws to 16-06-2021
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 16-06-2021

Date: 16-06-2021
Business: Due to COVID-19  Matter adjourned for ws to 31-07-2021.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Sheristedar of this court submitted that, he found this matter during physical varification of cases and he submitted that, due to Linked function in CIS System, this matter is Wrongly disposed with annexed Notice of Motion 2819/2019. Hence, this matter is inadvertantly not mentioned in CIS thats why this matter not came up on board since long. Considering above submission office is directed to take entry of this matter in CIS and show it on file of this court.
Matter is adjd. for directions to 04-09-2021.
Next Purpose: DIRECTIONS
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Court is on leave, board is discharged.
Next Purpose: DIRECTIONS
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: In the view of Holiday declared by the Hon\''ble Bombay High Court, Board is discharged and adjd. to 27-11-2021
Next Purpose: DIRECTIONS
Next Hearing Date: 27-11-2021

Date: 27-11-2021
Business: None present for plaintiff.
Adv. Soraan @ adv. diwate present  for MCGM/defendant.
As plaintiff and his adv. absent, matter is adjd. to 23-12-21.
Next Purpose: DIRECTIONS
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: None present for plaintiff.
Adv. Vidya Vyavahare @ adv. Sutar  present  for MCGM/defendant.
As plaintiff and his adv. absent,
Matter adjourned for directions to. 17/02/22.
Next Purpose: DIRECTIONS
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: None present for plaintiff.
Adv. Sutar present  for MCGM/defendant.
As plff and his adv are absent, Issue notice to the plff on court motion.
Matter adjourned for service to 21/4/22.
Next Purpose: SERVICE
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: SERVICE
Next Hearing Date: 07-07-2022

Date: 07-07-2022
Business: As court is busy.
Next Purpose: SERVICE
Next Hearing Date: 06-09-2022

Date: 06-09-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 18-10-2022

Date: 18-10-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 15-12-2022

Date: 15-12-2022
Business: None for Plaintiff.
Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
Matter is adjd for service on 09-03-2023
Next Purpose: SERVICE
Next Hearing Date: 09-03-2023

Date: 09-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: SERVICE
Next Hearing Date: 08-06-2023

Date: 08-06-2023
Business: None for Plaintiff.
Adv. Mrs. Ravde for MCGM present.
Perusal of record shows that in view of absence of the plaintiff, by an order dtd. 17.02.2022, court motion notice was issued to the plaintiff.  However, till this date no report is received.
Hence, issue fresh court motion notice to the plaintiff as to why suit should not be disposed off for want of steps.
Matter is adjd to 25.07.2023 for report of notice.
Next Purpose: SERVICE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Issue fresh court motion notice to the plaintiff through the court bailiff as to why suit should not be dismissed for default.
Matter is adjd  to  03.10.2023 for report of notice.
Next Purpose: REPORT OF NOTICE
Next Hearing Date: 03-10-2023

Date: 03-10-2023
Business: None for Plaintiff.
Adv. Ms. Rawade for MCGM present.
Bailiff report received. TOR and marked at Exh. 7.
Matter is adjd  to 14.12.2023 for passing necessay order.
Next Purpose: ORDER
Next Hearing Date: 14-12-2023

Date: 14-12-2023
Business: None for Plaintiff.
Adv.  Vidya Vyavahare for defendant/MCGM present.
Inspite of issuing court motion notice to the plaintiff, report of court bailiff Exh. 7 has been received that the plaintiff is not traceable on the given address. There is no report of writ of service upon the defendant.
Hence, considering these circumstances, following order is passed -
ORDER
1. Suit No. 2147 of 2019 stands dismissed for want of steps.
2. Suit No. 2147 of 2019 stands disposed off accordingly.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 14-12-2023

Additional Case Details

Additional Case Details
Filing Number: 108254/2019
Filing Date: 25-07-2019
First Hearing Date: 30th July 2019
Decision Date: 14th December 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
14 Dec 2023
Order Details: Other
Pdf Text: 14.12.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5
SU. 2147/19 None for Plaintiff.
Adv. Vidya Vyavahare for defendant/MCGM present.
Inspite of issuing court motion notice to the plaintiff, report of court
bailiff Exh. 7 has been received that the plaintiff is not traceable on the
given address. There is no report of writ of service upon the defendant.
Hence, considering these circumstances, following order is passed -
ORDER
1. Suit No. 2147 of 2019 stands dismissed for want of steps.
2. Suit No. 2147 of 2019 stands disposed off accordingly.
Judge
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