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Bombay High CourtMCA/161/2024allowed

Geetanjali Vikram Chandrekar v. Vikram Vishnu Chandrekar

2024-09-25Hon'Ble Shri Justice Milind N. Jadhav3 pages

HARSHADA H. SAWANT (P.A.) IN IN THE THE HIGH HIGH COURT COURT OF OF JUDICATURE JUDICATURE AT AT BOMBAY BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION MISCELLANEOUS CIVIL APPLICATION NO.161 OF 2024 Geetanjali Vikram Chandrekar .. Applicant

Versus

Vikram Vishnu Chandrekar .. Respondent ....................

 None for Applicant.

 Ms. Sarojini M. Patil, Advocate for Respondent. ...................

CORAM

: MILIND N. JADHAV, J.

DATE : SEPTEMBER 25, 2024 P.C.

:

1.

None for Applicant.

2.

Heard Ms. Patil, learned Advocate for Respondent. 3.

Registry is directed to accept the Vakalatnama and Affidavitin-Reply of the Respondent from the Respondent's Advocate as there is a technical glitch in uploading the same. Hard copy shall be kept present at the time of hearing.

4.

Mr. Hrishikesh Mohite appears for Applicant. None is present today. I am informed by Ms. Patil that Marriage Petition of which transfer is sought for by the present Miscellaneous Civil Application is at the stage of final arguments. She would inform the Court that witness action of both sides is completely over. She informs the Court that on 26.03.2024 and since then, the Marriage Petition has been listed for final arguments but due to the stay order dated

01.04.2024 it has been adjourned continuously. Record of the present case shows that notice has been issued in present Miscellaneous Civil Application on 01.04.2024 and proceedings before Family Court are stayed. It was duty of Mr. Mohite to inform the Court that on 01.04.2024 the matter has been listed for final hearing before the Family Court. By now the final hearing of the said Marriage Petition would have got over before the same Court. Unnecessarily time has been wasted since 01.04.2024.

5.

Hence, Mr. Mohite is directed to remain present on the next date and inform the Court as to why status of the matter was not informed which lead to this Court issuing notice and staying of final hearing of the said Marriage Petition. Valuable time from 01.04.2024 till today has been clearly wasted during which the said Marriage Petition would have got over. Since ad-interim relief was granted on 01.04.2024, the same has been continued till today. It is granted without any reasons. Today when the matter is called out, Mr. Mohite is not present. The Applicant shall take cognizance of this order. Copy of this order shall be served on Applicant by Ms. Patil. 6.

Ms. Patil would inform that Family Court will now be hearing the Marriage Petition on 30.09.2024. Mr. Mohite is directed to remain present. The Applicant, if so chooses can remain present through Video Conferencing. I am making it clear that this

Miscellaneous Civil Application shall be heard and decided appropriately in accordance with law on the next adjourned date considering that the Family Court at Nashik has fixed the hearing of Marriage Petition on 30.09.2024. I am also clarifying that the adinterim order which has been granted on 01.04.2024 and which has remained on record and extended from time to time shall be vacated by me if the Applicant is unrepresented.

7.

Stand over to 27th September, 2024 at 10:30 a.m. H. H. SAWANT [ MILIND N. JADHAV, J. ] by HARSHADA HANUMANT SAWANT Date: 2024.09.25 17:25:04 +0530 HARSHADA HANUMANT SAWANT