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NOTICE OF MOTION

Indian Octroi CorporationVsMataprasad D Rai +3 more

CNR MHCC0100046920203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 24th December 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100160/2020
Registration Date
10 Jan 2020

Advocates

2

For Petitioner

For Respondent

Parties

5

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 03-02-2020
Business: Adv. Ranawat for plaintiff present and filed reply to NM no. 393/20 and 160/20. Copy served on defendant.
Adv. B. A. Singh for defendant present and filed rejoinder to reply in NM no. 160/20. Copy served on plaintiff.
Matter stands Adj for hearing on Nm no. 393/20 and 160/20 to 17.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Ranawat for plaintiff present.
Adv. B. A. Singh for defendant no. 1 to 3  present and submitted that his A.O. is pending and it is kept on 28.02.2020 for hearing,  but he will be withdrawing that A.O. and proceeding further in the matter. He filed rejoinder in NM no. 393/20. Copy served on other side.
Mr. Niranjan S. Chavan , Clerk, Court Receiver, High Court Bombay present and filed report of Court Receiver informing the court that possession could not be taken for the reasons and circumstances mentioned in the report.
Matter stands Adj for hearing on NM to 02.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv. Ranawat for plaintiff present.
Adv. Puranik for defendant present.
Court is busy in dictating order in St. No.10811/19. Hence board discharged.
Matter stands Adj for N/M hearing on 30.03.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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: 02-06-2020

Date: 02-06-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020

Date: 26-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present.
The case is adjourned to 17.03.2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Advocate Ken Misquitta h/f adv. Ranawat for plaintiff present.
Advocate Ms. Remedios for defendant present.
By consent, the case is adjourned to 19.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Matter called out at 03.35 p.m.
Adv.  Jeetendra Ranawat a/w Ken Misquitta for plaintiff present.
Adv. B. A. Singh for Deft. No.1,3 and 4 present.
Matter stands adjourned to 22.10.2021 for NM hearing.
                                                                                        Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Matter called out at 3.36 p.m.
None present for plaintiff.
Adv. Singh for Deft. No.1, 3 and 4 present. He filed pursis informing that Deft. no.2 expired on 05.09.2008. Exh.4.
Plaintiff to take appropriate steps.
Matter stands adjourned to 10.12.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-12-2021

Date: 10-12-2021
Business: Matter called out at 3.03 p.m.
Adv. Jeetendra Ranawat for plaintiff present.
Adv. B. A. Singh for Deft. No.1 to 3 present.
On last occasion Adv. for Deft. 1 to 3 informed that Deft. No.2 had died much prior to filing of the suit.  Hence, suit is dismissed against Deft. No.2 as filed against dead person.
Plaintiff to take necessary steps.
Matter stands adjourned to 28.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Matter called out at 2.51 p.m.
Girish Vora, partner of plaintiff in person present.
Adv. B. A. Singh for Deft. No.1, 2 and 3 present.
Matter stands adjourned to 16.06.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv. J. Ranawant for plaintiff present.
Adv. B. A. Singh  for Deft. no.1 to 4 present. He is seeking time as he is not feeling well. Time granted
By consent, matter stands adjourned to 30.07.2022 for NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2022

Date: 30-07-2022
Business: Adv. J. Ranawant for plaintiff present.
Adv. B. A. Singh for Deft. no.1, 3 and 4 present.
It is pointed out by the Advocate for plaintiff that the defendant has preferred an Appeal before the Honble High Court regarding the exparte order. But it is the submission of the counsel of defendant that it is an appeal against the exparte ad-interim order granted in favour of the plaintiff. The defendant is directed to file the concerned documents with affidavit regarding the nature of appeal and whether it is pending or disposed off.
Matter stands adjourned to 05.09.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Jeetendra Ranawat for plaintiff present.
Adv. B. A. Singh for Deft. no.1 3 and 4 present.
Heard both the sides on NM No.393/2020.
Matter stands adjourned to 03.10.2022 for NM No.393/2020 order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: Adv. Jeetendra Ranawat for plaintiff present.
Adv. B. A. Singh for Deft. no.1, 3 and 4 present.
F.R.S.R. order is passed in NM No.393 of 2020
ORDER
1.	Notice of Motion No.393 of 2020 in Suit No.1392/2018, is hereby allowed.
2.	Delays stands condoned, order dated 12/12/2018, is hereby set aside.
3.	Written Statement is already tendered on record, it be exhibited.
4.	Notice of Motion stands disposed of accordingly.
WS marked as Exh.05.
Matter stands adjourned to 10.12.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: Adv. Jeetendra Ranawat for plaintiff present.
Adv. B. A. Singh for Deft. no.1 to 3 present.
By consent, matter stands adjourned to 07.01.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2023

Date: 07-01-2023
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-02-2023

Date: 03-02-2023
Business: Adv. Jeetandra Ranawat for plaintiff present.
Adv. Puranik h/f B. A. Singh for defendant No. 1 to 3 present. He is seeking time. Time granted.
Matter stands adjourned on 01.03.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Adv. Nitin Thakur for plaintiff present.
Adv. B. A. singh for defendant No.1 to 3 present.
By consent, Matter stands adjourned on 10.04.2023 for NM
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Representative of plaintiff Girish Mohra present.
Adv. B. A. Singh for defendant No.1 to 3 present.
Matter stands adjourned on 21.06.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2023

Date: 21-06-2023
Business: Adv Nitin Thakkar for Plaintiff present.
Adv B.A.Singh for defendant nos. 1 to 3 present.
Seeking time mutually. By consent matter adjourned.
Matter stands adjourned on 11-08-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Adv. B.S. Singh Representative of Plaintiff present.
None for defendant present.
Matter stands adjourned on 15-09-2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2023

Date: 15-09-2023
Business: Representative of  Plaintiff present.
Adv for defendant present.
Advocate for Plaintiff absent, matter pending for NM hearing since 10.12.2022, hence adjourned for dismissal of NM.
Matter stands adjourned on 10-11-2023 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 10-11-2023

Date: 10-11-2023
Business: As court is on leave, hence matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-02-2024

Date: 08-02-2024
Business: Advocate Jetendra Ranawat for Plaintiff present.
None for defendant present.
The defendant no. 1 to 4 and their advocate absent.
The NM 160/2020 is pending since long for setting aside order passed on 05.12.2019 in NM No. 2529/2018. The Learned Advocate for the plaintiff informed the court that the defendant no. 1 to 4 have challenged the said order before the Hon\''ble High Court. The Learned Advocate for Plaintiff also submitted that on 30.07.2022 specific directions given to the defendant to file the concern document with affidavit regarding the nature of appeal and whether it is pending or disposed off.   The defendant no. 1 to 4 are directed to satisfy the court on next date how the similar reliefs are claimed before to different forums and how the present NM is maintainable before this court. It is further directed to file the status report of the aforesaid appeal.  In default, the NM 160/2020 will be dismissed.
Matter stands adjourned on 30-03-2024 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-03-2024

Date: 30-03-2024
Business: P. O. is on Leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 25-06-2024

Date: 25-06-2024
Business: Adv. Jeetendra Ranawat for Plaintiff present.
Adv. B. A. Singh for defendant no. 1 to 3 present.
Matter stands adjourned on 06.07.2024 for both NM hearing at
12.30p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2024

Date: 06-07-2024
Business: Adv. Ranawat for Plaintiff present.
Adv. B. A. Singh for defendant no. 1 to 3  present.
Partly heard arguments.
Matter stands adjourned on 20-07-2024 for NM hearing at 4.00 p.m.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-07-2024

Date: 20-07-2024
Business: Adv. Ranawat for Plaintiff present.
None for defendant present.
Ld. Adv. for plaintiff submits that the Ld. Adv. for the defendant is unwell and therefore he will not appear today, therefore he is seeking time.
Matter stands adjourned on 03-08-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-08-2024

Date: 03-08-2024
Business: Adv. Ranawat along with Representative of Plaintiff present.
Adv. R. Singh for defendant no. 1 to 4 present and seeking time. Last chance is granted.
Matter stands adjourned on 17-08-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2024

Date: 17-08-2024
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2024

Date: 30-08-2024
Business: Adv. Ranawat for Plaintiff present.
Adv. D. A. Singh for defendant no. 1 to 4 present.
Matter stands adjourned on 10-09-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-09-2024

Date: 10-09-2024
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-10-2024

Date: 05-10-2024
Business: Advocate Mr. Jeetendra Ranawat for Plaintiff present.
Advocate Mr. B. A. Singh for defendant present.
Heard argument of both the sides.
K.B./ L.O. at 4.50 pm.
Advocate Mr. Jeetendra Ranawat for Plaintiff present.
Advocate Mr. B. A. Singh for defendant present and filed written notes of argument. It is TOR.
The advocate for plaintiff has tendered eight original envelopes returned unserved upon defendants and 3 acknowledgement cards served upon defendants no.7, 8 and 10.
Heard argument of both the sides.
Matter stands adjourned on  16.10.2024 for  Further hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2024

Date: 16-10-2024
Business: Adv. Ranawat for Plaintiff present.
Adv. B.A. Singh for defendant present.
Heard arguments of both sides.
Matter stands adjourned on 13-11-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-11-2024

Date: 13-11-2024
Business: Adv. Gaurav Gupta h/f Adv. Ranawat along with Plaintiff present.
Adv. B.A. Singh for defendant No.1 present.
Order partly dictated.
Matter stands adjourned on 13-12-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-12-2024

Date: 13-12-2024
Business: As P. O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-12-2024

Date: 23-12-2024
Business: Adv. Gaurav Gupta for Plaintiff present.
Adv. D. A. Singh for defendant Nos. 1 to 4 present.
As Court is busy in dictating order in NM No. 902/22 in Su No. 3009/14, NM No. 3882/16 in Su No. 1155/10 and NM No. 1831/18 in Su No. 6816/97.
Matter stands adjourned on 24-12-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-12-2024

Date: 24-12-2024
Business: Adv. Gaurav Gupta for Plaintiff present.
Adv. D. A. Singh for defendant Nos. 1 to 4 present.
F.R.S.R following order is passed on Notice of Motion No. 160 of 2020.
Order
1.  The Notice of Motion No. 160 of 2020 is hereby dismissed.
2. No order as to Costs.
3.  The Notice of Motion No. 160 of 2020 is disposed of accordingly.
F.R.S.R following order is passed on Notice of Motion No. 342 of 2020.
Order
1.  The Notice of Motion No. 342 of 2020 is partly allowed in respect of prayer clause (b).
2. No order as to Costs.
3.  The Notice of Motion No. 342 of 2020 is disposed of accordingly.
The Ld. Adv. for the defendant Nos. 1,3 and 4 have requested to grant 4 weeks time to approach the higher Court against aforesaid order. O- Considering the submission 4 weeks time is granted.
Authenticated copy be given.
Matter stands adjourned on 07-03-2025 for framing issues.
Nature Of Disposal: DISMISSED
Disposal Date: 24-12-2024

Additional Case Details

Additional Case Details
Filing Number: 100515/2020
Filing Date: 10-01-2020
First Hearing Date: 03rd February 2020
Decision Date: 24th December 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
24 Dec 2024

Order Details: Notice of Motion Pdf Text: 1 N/M No.160-2020 in Suit No.1392-2018 MHCC010008832020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.160 OF 2020 IN SUIT NO.1392 OF 2018 Indian Octroi Corporation ] A Partnership Firm, ] Through its partner, ] Girish M. Vora, Having address ] at Rammandir L. B. S. Marg, ] Mulund Check Naka, ] Mumbai- 400 080. ] … Plaintiff. Versus 1. Mataprasad D. Rai ] 2. Devidas Purshottam Giri (Expired)…

Read Full Order

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