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NOTICE OF MOTION

Bhandup Amon CHS LtdVsShilpa CHS Ltd And Anr

CNR MHCC0100016820193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 26th November 2021

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100062/2019
Registration Date
04 Jan 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 31-01-2019
Business: Adv. P.S. Tiwari for plaintiff present.
Adv. Tejal Bharankar for defendant No.1 present.
She tenders registered NM No.62/19.
Adjd. to 01/02/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-02-2019

Date: 01-02-2019
Business: Adv. P.S.Tiwari for plaintiff present.
Adv. Tejal Bharankar for defendant No.1 present.
Plaintiff files reply to NM.
Adjd. to 08/02/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-02-2019

Date: 08-02-2019
Business: Adv. Reshmi Parab for plaintiff present.
Adv. Sunil Gole for defendant No.1 present.
At the request of Ld. Counsel for plaintiff, adjd. to 08/03/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Adv. P. S. Tiwari for plaintiff present.
Adv. Sunil Gole for defendant No.1 present.
Adjd. to 03/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2019

Date: 03-04-2019
Business: Adj. To 08/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Adv. Gole for Plaintiff present.
Adv. Tiwari for Defendant present.
Matter is not traceable.
By consent case is adjourned to 12.06.2019.
Court Sheristedar is directed to trace out the matter.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. Reshmi Parab for plaintiff present.
Adv. Sunil Goyal for deft. no. 1 present.
The Ld. Counsel for plaintiff and defendant no. 1 submitted that this matter was placed before this court for mediation when this court was presiding as a Mediator at Court Room no. 16. Hence, Registrar is directed to place the matter before the Hon\''ble Principal Judge for necessary order.
Adjourned for NM hearing to 14.8.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: the court was on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: Adv. Reshmi for plaintiff present.
Adv. Aniket Patil for defendant present.
By consent, Matter stands Adj for NM hearing on 18.11.19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: Adv. Tiwari for plaintiff present.
Adv. Aniket Patil for defendant present.
By consent, matter stands Adj for N/M hearing on 13.01.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: None for plff.
Adv. Akshay Kamble h/f Adv. Sunil Gole for defendant no.1 present.
None for deft no.2.
On oral request of counsel of deft no.1, matter stands Adj for NM Hearing to 21.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020

Date: 13-01-2020
Business: None for plff.
Adv. Akshay Kamble h/f Adv. Sunil Gole for defendant no.1 present.
None for deft no.2.
On oral request of counsel of deft no.1, matter stands Adj for NM Hearing to 21.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2020

Date: 21-02-2020
Business: Court is busy in dictating Order in suit no. 2434/17 and 9750/77. Hence, board is discharged.
Matter stands Adj for NM hearing to 09.04.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
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: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for NM for hearing to 10.02.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Advocate Ms. Reshmi Parab h/f adv. P.S.Tiwari for plaintiff present and submitted that advocate for defendant has informed her senior that his father has passed away.
Considering submissions case is adjourned.
None for defendant.
The case is adjourned to 15.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2021

Date: 15-03-2021
Business: Advocate P.S.Tiwari for plaintiff present and submits that advocate for defendant has informed him that he is not available today.
None for defendant.
Considering submissions the case is adjourned.
The case is adjourned to 20.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Adjourned due to COVID-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter called out at 03.26 p.m.
Adv. Tiwari for plaintiff present.
None present for defendant.
He informed that Adv. Gole for defendant informed him that he is going to his native place. Therefore, the matter is adjourned.
Parties are directed to proceed with the motion without fail.
Matter stands adjourned to 16.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2021

Date: 26-11-2021
Business: Matter called out at 3.34 p.m.
Adv. Tiwari for plaintiff present.
Adv. Aniket Patil for Deft. no.1 present.
Deft. no.1 filed instant NM for discarding evidence of PW-1 on the ground that he is not authorised to represent the Plaintiff society.  The NM is opposed by plaintiff by filing reply.
Heard both the sides.
Perused NM and reply.  The defendant seeking discarding the evidence of plaintiff witness. There is no provision in the CPC for discarding the evidence of the witness. The ground raised by the defendant for filing the NM can be put to the plaintiff witness in cross-examination. Therefore, I do not find any substance in the NM, same needs to be dismissed.
Thus I proceed to pass the following order.
1.     NM No.62/19 is hereby dismissed.
2.     Deft. No.1 to bear the costs of NM.
3.     NM is disposed of accordingly.
Deft. Is directed to complete the cross-examination on the same day.
Matter stands adjourned to 07.01.2022 for cross-examination.
Nature Of Disposal: DISMISSED
Disposal Date: 26-11-2021

Additional Case Details

Additional Case Details
Filing Number: 100205/2019
Filing Date: 04-01-2019
First Hearing Date: 31st January 2019
Decision Date: 26th November 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
26 Nov 2021
Order Details: Other
Pdf Text: 26.11.2021
Sr. No. 34
SU 2299/14
@NM 62/19
CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 3.34 p.m.
Adv. Tiwari for plaintiff present.
Adv. Aniket Patil for Deft. no.1 present.
Deft. no.1 filed instant NM for discarding evidence of PW-1 on the ground that
he is not authorised to represent the Plaintiff society. The NM is opposed by
plaintiff by filing reply.
Heard both the sides.
Perused NM and reply. The defendant seeking discarding the evidence of
plaintiff witness. There is no provision in the CPC for discarding the evidence
of the witness. The ground raised by the defendant for filing the NM can be
put to the plaintiff witness in cross-examination. Therefore, I do not find any
substance in the NM, same needs to be dismissed.
Thus I proceed to pass the following order.
1. NM No.62/19 is hereby dismissed.
2. Deft. No.1 to bear the costs of NM.
3. NM is disposed of accordingly.
Deft. Is directed to complete the cross-examination on the same day.
Matter stands adjourned to 07.01.2022 for cross-examination.
Judge
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