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NOTICE OF MOTION

Anisha Jayant Dalal alias Anisha Jayantilal DalalVsHawkins Cookers Ltd.

CNR MHCC0100023520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th October 2021

TrustJury record updated 16 Sept 2026

Case Overview

Registration Number
100093/2019
Registration Date
07 Jan 2019

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: 11-03-2019
    Business: Matter adj. for  taking Steps and Compliance to 10.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Matter stands Adj for reply to CS on 07.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Adv. N. R. Gandhi for plaintiff present and filed original CS no. 1310/19
    None present for defendant.
    Matter stands Adj for Reply to CS to 01.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Adv. Gandhi for plaintiff present.
    Representative of defendant no.1 present.
    Defendant no. 2 absent.
    Heard Ld. counsel for plaintiff on CS no. 1310/19. It is for amendment of plaint and for addition of respondent as a defendant no. 3 in suit. In view of the ground stated in the supporting affidavit of Mr.Rupal Sheth, CA of plaintiff and in view of submissions made before the court, I find that it will be necessary and proper to joint the respondent as defendant no. 3 in suit for proper adjudication of plaintiff claim in the suit.
    Hence, the CS is allowed. Plaintiff shall carry out the amendment within two weeks and shall file amended copy of plaint on record as per procedure and serve the copy on other side.
    CS no. 1310/19 is disposed of accordingly.
    Matter stands Adj for compliance to 10.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: None present for plaintiff.
    Harshita, representative of defendant present.
    Court is busy in dictating order in st. no. 12457/19. and suit no. 1337/19.
    Matter stands Adj for Compliance to 29.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. N. R. Gandhi for plaintiff present and filed application for seeking leave to serve fresh writ of summons upon newly added defendant no. 3.
    Application for seeking leave to serve fresh writ of summons upon newly added defendant no. 3
    O-Issue fresh Writ of summons upon newly added defendant no. 3 along with copy of amended plaint and N.M.
    None present for defendant.
    Matter stands Adj for service of writ of summons to 25.03.2020.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    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: WRIT OF SUMMONS
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    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: WRIT OF SUMMONS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Court is on leave
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Writ of summons to 17.02.2021.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None for Plaintiff.
    Advocate Duragaprasad Pujari for defendant no. 1 present.
    The case is adjourned to 08.04.2021 for writ of summons.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 21-06-2021
    
    Date: 21-06-2021
    Business: In view of office order No. 106/2021 dtd. 14.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Matter called out at 11.54 a.m.
    Adv. N. R. Gandhi for plaintiff present.
    Adv. for defendant absent.
    Plaintiff filed affidavit of service of writ of summons of Deft. No. 3. TOR.
    The report alongwith certificate of Postal authorities show that Deft. No. 3 is served.
    O- Inspite of service Deft. No. 3 failed to appear. Hence, Suit is proceeded Exparte against the Deft. No. 3.
    Plaintiff to file evidence on affidavit alongwith list of witnesses.
    As matter pertains to afternoon session. Kept back
    Later on 03.04 p.m.
    Adv. N. R. Gandhi for plaintiff present.
    Adv. Durgaprasad Poojari for Deft. No. 1 present.
    Mrs. Harshita Chandak authorized representative of Deft. No. 1 present.
    Deft. No. 1 seeking time to file NM. Time granted by way of last chance. Deft. No. 1 is directed to file reply on or before next date with advance copy to the other side so that on next date hearing can be taken.
    Matter stands adjourned to 28.09.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 04.25 p.m.
    Adv. N. R. Gandhi for plaintiff present.
    Adv. Durgaprasad Poojare I/b PDS Legal for Deft. No.1 present. He tendered reply to NM No. 93/19. Tor.
    Copy supplied to other side.
    Matter stands adjourned to 30.10.2021 for NM hearing.
                                                                                           Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2021
    
    Date: 30-10-2021
    Business: Matter called out at 4.18 p.m.
    Adv. N. R. Gandhi for plaintiff present.
    Adv. Durgaprasad Poojari I/b PDS Legal for Deft. No.1 present.
    Heard both the sides.
    Adv. Durgaprasad Poojari for Deft. No.1 on instructions made a statement that they will not transfer the suit shares till the disposal of the suit.  In view of the aforesaid statement, in my view, the NM No.93/19 can be disposed of.
    1.   The NM is allowed in terms of prayer clause (a),(b).
    2.    Plaintiff to bear cost of NM.
    3.    NM disposed of accordingly
    Deft, no.1 is allowed to file WS if within limitation.
    Matter stands adjourned to 04.12.2021 for WS.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100265/2019
    Filing Date: 07-01-2019
    First Hearing Date: 11th March 2019
    Decision Date: 30th October 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Oct 2021
    Order Details: Other
    Pdf Text: 30.10.2021
    Sr. No. 32
    SU 2934/18
    @NM 93/19
    CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 4.18 p.m.
    Adv. N. R. Gandhi for plaintiff present.
    Adv. Durgaprasad Poojari I/b PDS Legal for Deft. No.1 present.
    Heard both the sides.
    Adv. Durgaprasad Poojari for Deft. No.1 on instructions made a statement
    that they will not transfer the suit shares till the disposal of the suit. In
    view of the aforesaid statement, in my view, the NM No.93/19 can be
    disposed of.
    1. The NM is allowed in terms of prayer clause (a),(b).
    2. Plaintiff to bear cost of NM.
    3. NM disposed of accordingly
    Deft, no.1 is allowed to file WS if within limitation.
    Matter stands adjourned to 04.12.2021 for WS.
    Judge
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