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NOTICE OF MOTION

Andhra BankVsJitendra Dayabhai Mistry and Anr.

CNR MHCC01000255202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 12th December 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100094/2020
Registration Date
07 Jan 2020

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: 30-01-2020
Business: Adv.for plaintiff absent.
Adv.Alok Mishra for defendant no. 1 present.
Advocate for defendant no. 1 tender register notice of motion No. 94/2020.
defendant is directed to served the copy of notice of motion to the plaintiff and file affidavit of service.
Matter adjd to 20.02.2020 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv.for plaintiff  absent.
Adv.Kiran Rawat for defendant no.1 present.
Advocate for defendant no. 1 tender register notice of motion no. 94/2020.
Matter adjd to 16.03.2020 for affidavit of service and compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 16-03-2020

Date: 16-03-2020
Business: None for plaintiff.
Adv Vira for defendant No 1 present.
Matter is adjd to  16/04/2020 for NM Service.
Next Purpose: SERVICE
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SERVICE
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SERVICE
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Adv. Sarang for plaintiff
Adjd to 03-03-2021
Next Purpose: SERVICE
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. Vira for defendant No.1 filed Service affidavit of NM 94/20  Exh.14
None for plaintiff.
The affidavit of service Exh.14 states that Notice of Motion has been served on the plaintiff. The adv of defendant No.1 pointed that the acknowledgment is on the docket of the NM. Thus, NM has been served on the plaintiff. However, plaintiff failed to file reply to NM. Hence, NM to proceed without reply of the plaintiff.
Adjd for NM Hearing to 26-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Yasmin Sarang present for the plaintiff.
KB
LO
None present.
Matter is adjd to 16.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv Yasmin Sarang present for the plaintiff.
Adv Paras Vira present for the defendant.
Matter is adjd to 06.12.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2021

Date: 06-12-2021
Business: Adv.  Yamin Sarang for plaintiff present.
Adv. Paras Vira for the defendants present.
Heard ld. advocate of defendant submitted that he will satisfy the Court by giving citation that whether this Court entertain Notice of Motion on NO WS Judgment/Ex-parte.
Matter is adjd. to 18/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: The suit is posted for NM hearing. In view of SOP, office Order No.07/22 dated 07/01/2022 parties and advocates are directed to attend virtually.
Matter is adjd. to 01/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2022

Date: 01-02-2022
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-03-2022

Date: 08-03-2022
Business: PO is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: P.O. is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2022

Date: 21-11-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2023

Date: 31-07-2023
Business: None present for plaintiff.
Adv. Paras Vira present for defendant.
Matter stands adjourned for NM reply on 13-09-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-09-2023

Date: 13-09-2023
Business: Adv.Yasmin Sarang present for plaintiff.
Adv.Mayur Sonawane h/f Adv. Paras Vira present for defendant. Seeking time. Time is granted.
Matter stands adjourned for NM reply on 16-10-2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-10-2023

Date: 16-10-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2023

Date: 12-12-2023
Business: Adv.Yasmin Sarang present for plaintiff, tendered reply on NM No. 94/2020 TOR.
Adv. Parash Vira present for defendant.
Heard both sides.
F.R.S.R. following order passed on NM No. 94/2020-
ORDER
1.Notice of Motion No.94/2020 in S. C. Suit No.5687/2006 (Disposed of), is hereby allowed.
2.Delay stands condoned.
3.Decree passed in S. C. Suit No.5687/2006, stands set aside and restored to its original stage.
4.Parties to the notice of motion are directed to appear in the suit on 01/02/2024.
5.Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for admission denial on 01-02-2024.
Nature Of Disposal: ALLOWED
Disposal Date: 12-12-2023

Additional Case Details

Additional Case Details
Filing Number: 100217/2020
Filing Date: 07-01-2020
First Hearing Date: 30th January 2020
Decision Date: 12th December 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
12 Dec 2023

Order Details: Notice of Motion Pdf Text: ..1.. NM No.94/2020 MHCC010002552020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.94 OF 2020 (CNR NO.MHCC01-000255-2020) IN S. C. SUIT NO. 5687 OF 2006 (DISPOSED OF) Andhra Bank )...Plaintiff Versus Jitendra Dayabhai Mistry and others )...Defendants Appearance :- Learned Advocate Yasmin Sarang for plaintiff. Learned Advocate Paras N. Vira for defendants. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.15 DATE : 12/12/2023. ORDER 1…

Read Full Order

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