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NOTICE OF MOTION

Mr. Suresh Subai RajbharVsAshok Kumar Chaitar Rajbharand Ors.

CNR MHCC0100016920209-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th June 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100074/2020
Registration Date
06 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-01-2020
    Business: Adv. Anand  for Plaintiff is present. He tendered registered N/M No. 74/2020 alongwith affidavit in support. t.o.r.
    Adv. Rahul Singh  for defendant no.1  is present. He filed reply to NM N. 74/2020. copy is served on adv. of plaintiff.
    Adv. Viraj Bansode for defendant no.3 is present. He seeks time for tendering NM reply. O-Granted as a last chance.
    Adv. Chandramore for defendant no.4  is present. Defendant no. 4 failed to file NM reply. Therefor no reply order is passed against defendant no. 4.
    Matter is adjd.  for NM reply by defendant no.3 to 27/01//2020.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 27-01-2020
    
    Date: 27-01-2020
    Business: matter adjd to 03.03.2020
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv. H.S. Anand for plaintiff present.
    Adv. Rahul Singh for D/1 present.
    Adv. Viraj Bansode for D/3 present.
    Adv. Harshad Virkar for D/5 and 6 present.
    Heard both sides.
    The plaintiff produced NM duly registered today.  Adv. for D/3 filed his reply to NM.  Adv. for D/5 and 6 submits that the copies of NM are not supplied to them.  No reply order is already passed against them.
    Adjd. for NM hearing to 27/3/2020.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 08-09-2020
    
    Date: 08-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None for plaintiff.
    Adv. Mr. Aashish Singh for the defendant no.1.
    Adv. Mr. Viraj Bansod for the defendant no.3
    Adv Chandramore for the defendant no.4.
    Adv. Mr. Trivedi for the defendant no.5.
    Matter is adjd. to 05/04/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 30.06.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    Business: Due to COVID-19 pandemic.
    Matte is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: None for plaintiff.
    Adv. Miraj Bansod for defendant No.3 present.
    Adv. Chandramore for defendant No.4 present.
    Adv. Mr. Trivedi for defendant No.5 present.
    Since long back defendant No.1 filed NM No.4688/2019, which is pending. But, today also defendant No.1 and advocate absent. Therefore, NM No.4688/2019 be kept for passing dismissal order.
    Since long back plaintiff filed NM No.74/2020, which is pending. But, today also advocate absent. Therefore, NM No.1056/2019
    be kept for passing dismissal order.
    Matter is adjd. to 28/10/2021 for NM No.74/2020 and NM No. 4688/2019 passing dismissal order.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv. Dhonde h/f Adv. Anand Charmir for the plaintiff present and filed two applications for set aside the order passed by this Court. O- Permission is granted subject to costs of Rs.500/-each which will be credited to State.
    Adv. Mr. Rahul Singh for defendant No.1 present.
    Adv. Bansode for defendant No.3 present.
    Adv. Hajare for defendant No.4 present.
    Matter is adjd. to 14/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. Rahul Singh for defendant No. 1 present.
    Adv. Viraj Bansod for defendant No. 3 present.
    Matter is adjd. to 28/01/2022 for N/M hrg.
                                                                                          Judge
    L.O. at 04.27 p.m.
    Adv. for plaintiff present.
    Matter is adjd. to 28/01/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Plaintiff present.
    Adv Krupa Gada H/f Adv Viraj for defendant no.3 present.
    LO
    Adv Sarita Donde for plaintiff present. Ld advocate for plaintiff seeks extension for depositing the costs. TOR O- time is extended at her request. Plaintiff to deposit the cost on next date in any case.
    Matter is adjd. to 23.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: Adv. Sarita Donde h/f Adv. Anand for plaintiff present and seeks time- Time Granted.
    Adv. Chandramore for BMC present.
    Adv. Zaiwalla for defendant no. 3 present.
    Matter is adjd. to 20-07-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv.Priya Patil for plaintiff present.
    Adv. Ashish Singh for defendant no. 1 present.
    Adv. Deepali Bajetia for deft.no. 3 present.
    Adv.Chandramore for defendant no. 4/BMC present.
    The matter is pending for NM hearing, since long.
    Therefore plaintiff is directed to remain present for hearing on NM on the next date.
    Matter is adjd. to 16.09.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 11.11.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: None present for plaintiff.
    Adv. Rahul Singh for Deft. no. 1 present.
    Adv. Viraj Bansod for defendant no. 2 present.
    Matter is adjd. to 05.01.2023 for both NMs hearing.
    LO at 3.35
    Adv. Devendra Singh for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: None present for plaintiff.
    Adv. Ankit Makhija h/f Adv. Rahul Singh for defendant no. 1 present.
    Adv. Nidhi Shah I/b Adv. Tushar Goradia for Deft.no.3 present.
    Matter is adjourned to 10.02.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: Adv. Noella Misquitta for plaintiff present and seeking time for Notice of Motion hearing. Time granted.
    Adv. Archana Tiwari h/f Adv. Rahul Singh for defendant No. 1 present.
    Adv. Nidhi Shah I/b Adv. Tushar Goradia for defendant No. 3 present.
    Adv. Jyoti Mhatre h/f Adv. Chandramore for Defendant/BMC present.
    Matter is adjourned to 15.03.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: Plaintiff is present in person. His advocate is absent.
    Adv. Mr. Rajesh Singh for defendant No. 1 is present.
    Adv. Ms. Mittal Savla for defendant No.3 is present.
    Adv. Ms. Chandramore for defendant No. 4/MCGM is present.
    The plaintiff is submitted that today his advocate is unable to attend the Court. At the request of the plaintiff matter is adjourned.
    Adjourned for NM hearing to 28.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Advocate for the plaintiff is present.
    Adv. Mr. Rajesh Singh for defendant No. 1 is present.
    Adv. Ms. Chandramore for defendant/BMC is present.
    KB LO at 04:37 pm.
    Adv. Ms. Meetal Savla i/b Adv.  Tushar Goradia for defendant No. 3 is present.
    Heard both the sides on NM No. 4688/2019.
    By consent matter is adjourned for filing written notes of arguments to 10.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-07-2023
    
    Date: 10-07-2023
    Business: Adv. Ms. Ujwala Wakde for the plaintiff is present.
    Adv. Mr. Ankit Makhija h/f Adv. Rajesh Singh for defendant No. 1 is present.
    Adv. Ms. Mittal Savla for defendant No. 3 is present.
    Adv. Ms. Chandramore for defendant No.4/BMC is present.
    Adv. for the plaintiff and defendant No. 1 seeks time to file written notes of arguments on NM No. 4688/19. Time is granted.
    Matter is adjourned to 17.07.2023 for written notes of arguments on NM No. 4688/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: The plaintiff is present.
    Adv. Ms. Ujwala Wakode for the plaintiff is present.
    Adv. Mr. Ranjan Mishra for defendant No. 1 is present.
    Adv. Ms. Metal Savla for defendant No. 3 is present.
    Adv. Mr. Khandagale h/f Adv. Chandramore for defendant/BMC is present.
    Advocate for the plaintiff filed written notes of arguments along-with citations to NM No. 4688/2019.
    Advocate for defendant No.1 seeks time to file written notes of arguments to NM No. 4688/2019.
    Matter is adjourned to 26.07.2023 for written notes of arguments.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: The plaintiff is present.
    Adv. Mr. Sanjay Mishra for defendant No. 1 is present.
    Adv. Mr. Chinmay Waradkar for defendant No. 3 is present.
    Adv. Ms. Chandramore for defendant No.4/BMC is present.
    Adv. for defendant No. 1 seeks time to file written notes of arguments to NM No. 4688/2019. He also submits that he has not received copy of written notes of arguments submitted by plaintiff. Plaintiff to supply copy of written notes of arguments to defendant No. 1.
    Matter is adjourned to 03.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2023
    
    Date: 03-08-2023
    Business: Adv. Ms. Sandhya Tiwari h/f Adv. Rajesh Singh for the plaintiff is present.
    Adv. Ms. Ujwala Wakde for defendant No. 1 is present.
    Adv. Ms. Smital Sawant for defendant No. 3 is present.
    Adv. Ms. Chandramore for defendant No.4/BMC is present.
    Adv. for the plaintiff seeks time to file written notes of arguments. Time is granted as a last chance.
    Matter is adjourned to 14.08.2023 for written notes of arguments.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2023
    
    Date: 14-08-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2023
    
    Date: 23-08-2023
    Business: The plaintiff is present.
    Adv. Mr. Manish Singh  for defendant No. 1 is present.
    Adv. Mr. Shahzad Khajotia for defendant No. 2 is present.
    Adv. Ms. Chandramore for defendant No.4/BMC is present.
    Adv. for defendant No. 1 filed written notes of arguments along-with list of documents on NM No. 4688/2019.
    Matter is adjourned to 12.09.2023 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-09-2023
    
    Date: 12-09-2023
    Business: Adv. Ms. Faraha Khan for the plaintiff is present.
    Adv. Ms. Archana Tiwari h/f Adv. Rajesh Singh for defendant No. 1 is present.
    Adv. Ms. Ruchi Gandhi for defendant No. 3 is present.
    The Court is busy hearing on NM No. 2083/2022 and Ch/s No. 1506/2022.
    Matter is adjourned to 04.10.2023 for NM Order. .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv. Mr. Anand Charanbir for the plaintiff is present.
    Adv. Mr. Ashish Singh for defendant No. 1 is present.
    Adv. Ms. Ruchi Gandhi for defendant No. 3 is present.
    Adv. Mr. Khandagale h/f Adv. Ms. Chandramore for defendant No.4/BMC is present.
    Matter is adjourned to 25.10.2023 for NM Order.
    LO at 04:55 pm.
    Adv. Ms. Naziya Khan h/f Adv. Anand for the plaintiff is present and filed citations. TOR.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: The plaintiff is present.
    Adv. Ms. Archana Tiwari h/f Adv. Rajesh Singh for defendant No. 1 is present.
    Adv. Mr. Gajanan Shinde for defendant No.2/SRA is present.
    Adv. Mr. Veer Joshi for defendant No. 3 is present.
    Adv. Ms. Chandramore for defendant No.4/BMC is present.
    F.R.S.R. the following Order is passed on NM No. 4688/2019:
    -: O R D E R :-
    Notice of Motion No. 4688 of 2019 stands dismissed with costs and disposed of accordingly.
    Matter is adjourned to 21.12.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2023
    
    Date: 21-12-2023
    Business: The PO is on leave in 2nd session. Hence, board discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2024
    
    Date: 13-02-2024
    Business: Adv. Ms.Khan for the plaintiff is present.
    Adv. Mr.Jain h/f Adv. Rajesh Singh for defendant no.1 is present.
    Adv. Mr.Kamlesh Varma  for defendant no.3 is present.
    Adv. for plaintiff sought adjournment for hearing of NM No.74/20 by submitting that adv on record is held in Dindoshi Court. Considering the submissions.
    Matter is adjourned to 15.04.2024 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: As the Court is on leave.  Hence, board is discharged and matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2024
    
    Date: 12-06-2024
    Business: Adv. Ms.Naziya Khan h/f Adv. S.H.Anand for the plaintiff is present.
    Adv. Mr.Ranjan Mishra h/f Adv. Rajeev Singh for defendant No.1 is present.
    Adv. Ms. Twinkle Kalla for defendant no.3 is present.
    Adv. Mr.Mhatre for defendant no. 5 is present.
    Adv. for plaintiff filed application for withdrawal of NM and marked at Exh-11.
    Counsel for defendant seeks time for reply.
    Matter is adjourned to 24.06.2024 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2024
    
    Date: 24-06-2024
    Business: Adv. Mr.Anand Charanbir for the plaintiff is present.
    Adv. Mr.Ranjan Mishra h/f Adv. Rajesh Singh for defendant No.1 is present.
    Adv. Ms.Sneha Nahawar i/b Adv.  Goradia for defendant No.3 is present.
    Defendants has no objection for permitting the NM No.74/20. Hence, NM No.74 of 2020 is allowed to be withdrawn.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-06-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100247/2020
    Filing Date: 06-01-2020
    First Hearing Date: 06th January 2020
    Decision Date: 24th June 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    24 Jun 2024
    Order Details: Notice of Motion
    Pdf Text: Adv. Mr.Anand Charanbir for the plaintiff is present. Adv. Mr.Ranjan Mishra h/f Adv. Rajesh Singh for defendant No.1 is
    present. Adv. Ms.Sneha Nahawar i/b Adv. Goradia for defendant No.3 is present. Defendants has no objection for permitting
    the NM No.74/20. Hence, NM No.74 of 2020 is allowed to be withdrawn.
    -- 1 of 1 --

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