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NOTICE OF MOTION

Shraddha S. Sawant -Applicant Org. Plff.Anil Tukaram WaghateVsDhirajlal Maneklal Mehta and Ors.

CNR MHCC01000486202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 14th March 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100197/2020
Registration Date
13 Jan 2020

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 03-02-2020
Business: Advocate Mr. Khan for Plaintiff present and sought time for filing affidavit of service of writ of summons. Time is granted as a last chance because service is awaited for more than one year.  He also sought time to file reply to Notice of Motion no.197/20 and 198/20.  Considering submissions adjourned.
Advocate Mr. Promod Londhe for Defendant no.4 present and filed registered Notice of Motion no.197/2020 and 198/2020 with affidavits in support, t.o.r.
Case is adjourned to 03/04/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Adv Mr.Ghadigaonkar for plff present.
None present for deft.
Advocate for plff seeks extended time to serve defts Nos.1 and  2 afresh with writ of summons.  Time extended till next date.
Matter is adjd. for  service of writ of summons on deft Nos.1 and 2 and reply of plff NM No. 197/2020 and 198/2020 to 06.04.2021.
Judge
L.O
Adv Mr. Nilesh Lonkar h/f Adv Mr. Shradha Sawant for deft No.4 present.
Already adjd. to 06.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Plaintiff present in person.
Adv Ashish Gupta for deft No.2 present and filed VP at Exh.4 on behalf of defendant No.2. He submitted that defendant No.1 expired.
Adjourned for steps to 10.06.2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for both parties.
Considering the present pandemic condition and SOP issued by Honble High Court, matter is adjourned at same stage
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv Mr. Ghadigaonkar for plff present and seeks time to take steps by submitting that deft No.1 has expired.
Adv Mr.Ashish Gupta for deft no.2 present and filed  affidavit in reply of deft No.2 in NM No.197/2018.
Adv. for deft No.2 also filed WS on behalf of deft No.2. It appears that WS is not filed within stipulated period prescribed by O-8 R-1 of C.P.C. It be kept on record. Liberty is granted to deft no.2 either to explain that said WS is within time or for filing NM for delay condonation.
Adv Mr. Londhe for deft No. 4 present.
On request of adv. for plff, matter is adjd. for steps and NM hearing to 22.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv Mr. Ghadigaonkar for plff present.
Adv Mr.Nilesh Lonkar present for deft.No.4.
Adv Mr. Ashsih Gupta present for deft No.2.
None present for other defts.
Adv for plff endorsed his reply on NM No.198/2020.
Heard.
It appears that delay is not intentional. Considering the reasons stated in the affidavit filed in support of the NM and reply filed by the adv. for the plff, N.M.No.198/2020 is allowed subject to cost of Rs.500/-.
By consent, matter is adjd. for steps, reply and compliance to 16.12.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: None present for plff.
Adv Mr. Ashish Gupta present for deft.No.2 and filed pursis at Exh.3.
O- Plff to note and comment.
Adv Mr. Nilesh for deft No.4 present.
Matter is adjd. for steps by the plff. and submission on pursis Exh.3 to 10.03.2022.
Judge
L.O. at 3.50 p.m
Adv Mr. Ghadigaonkar for plff present and filed application at Exh.4
O-Call say of deft No.2.
Already adjd. to 10.03.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 10-03-2022

Date: 10-03-2022
Business: Plff No.1 present.
Adv Mr. Majid Ibji h/f Adv Mr. Ghadigaonkar present for plff.
Adv Mr. Ashish Gupta present for deft. No.2 and submitted that he has already written letter in October 2021 to the adv for the plff for informing about the legal heirs of deceased deft No.1. He supplied copy of said letter to the adv for plff in court today. Adv for the plff seeks time to take steps.
Adv for the plff supplied copy of appln Exh.4 to the adv for deft No.2 today.
Adv Mr.Mahadik for deft No.4 present.
Adv for the plff seeks time to file reply to NM No. 197/2020 .
Matter is adjd. for steps, hearing and reply on Exh.4  and reply to NM No. 197/2020 to 19.04.2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Plff present in person with his adv. Mr. Ghadigaonkar for plff.  and seeks time to file reply to NM and Exh.4.
Adv Mr. Ashish Gupta for deft No.2 present.
Adv Mr. Rohan Mahadik present for deft.No.4.
Advocates for deft Nos.2 and 4 objected for adjournment by submitting that already several chances are granted.
Adv for plff seeks last chance hence, adjournment as a last chance is granted.
Matter is adjd. for reply on Exh.4 and NM to 16.06.2022.
Next Purpose: REPLY
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: REPLY
Next Hearing Date: 28-07-2022

Date: 16-06-2022
Business: Preciding Officer is on Leave.
Next Purpose: REPLY
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Plaintiff present.
Adv. Pallabi Chatterjee for plaintiff present.
Adv. Rachana Karad for defendant No.4 present.
plaintiff filed reply in NM 197/2020 TOR marked as Exh.5.
copy is received by Adv. for Def. no.4. no reply filed by Def. no.2 on application Exh. 4 hence said application to proceed without reply adjd to 06.10.2022 for hearing of Exh.4 & NM (O.7 R.11) .
Judge
Next Purpose: REPLY
Next Hearing Date: 06-10-2022

Date: 06-10-2022
Business: Plaintiff present.
Adv.Pallabi Chatterjee i/b.Adv.Hemant Ghadigaonkar for plaintiff present.
Adv.Ashish Gupta for defendant No.2 present.
Adv.Rohan Mahadik for deft. No.4 present.
KB
LO at 03.50 pm
Adv.Hemant Ghadigaonkar for plaintiff present.
Adv.Ashish Gupta for defendant No.2 present.
Adv.Rohan Mahadik for deft. No.4 present.
Matter adjd to 19.11.2022 for filing written notes of argument in NM.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-11-2022

Date: 06-10-2022
Business: Plaintiff present.
Adv.Pallabi Chatterjee i/b.Adv.Hemant Ghadigaonkar for plaintiff present.
Adv.Ashish Gupta for defendant No.2 present.
Adv.Rohan Mahadik for deft. No.4 present.
KB
LO at 03.50 pm
Adv.Hemant Ghadigaonkar for plaintiff present.
Adv.Ashish Gupta for defendant No.2 present.
Adv.Rohan Mahadik for deft. No.4 present.
Matter adjd to 19.11.2022 for filing written notes of argument in NM.
Next Purpose: ARGUMENTS
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: Adv.Pallabi Chatterjee i/b.Hemant Ghadigaonkar for plaintiff present.
Adv.Ashish Gupta for defendant No.2 present.
None present for deft.No.3.
Adv.Rohan Mahadik i/b. The Juris Partners for deft.No.4 present.
Defendant No.4 filed written submissions in NM 197/20 a/w. citations t.o.r. and marked as Exh.5. Copy is received by plaintiff and deft.No.2.
Plaintiff filed written submissions in NM 197/20 a/w. citations t.o.r. and marked as Exh.6. Copy is received by deft.No.2 and 4.
Adv.for defendant No.2 submits that say of defendant No.3 shall be considered as his argument in NM 197/20.
Matter adj. to 20.12.2022 for order and consideration of written statement of deft.No.2.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2022

Date: 19-11-2022
Business: Adv.Pallabi Chatterjee i/b.Hemant Ghadigaonkar for plaintiff present.
Adv.Ashish Gupta for defendant No.2 present.
None present for deft.No.3.
Adv.Rohan Mahadik i/b. The Juris Partners for deft.No.4 present.
Defendant No.4 filed written submissions in NM 197/20 a/w. citations t.o.r. and marked as Exh.5. Copy is received by plaintiff and deft.No.2.
Plaintiff filed written submissions in NM 197/20 a/w. citations t.o.r. and marked as Exh.6. Copy is received by deft.No.2 and 4.
Adv.for defendant No.2 submits that say of defendant No.3 shall be considered as his argument in NM 197/20.
Matter adj. to 20.12.2022 for order and consideration of written statement of deft.No.2.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-12-2022

Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-12-2022

Date: 20-12-2022
Business: PO is on leave, hence, adjourned.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: None present both parties.
As court is busy urgent hearing of NM in Stamp No. 13802 of 2022
 adjd to 31.01.2023  for order in NM 197 of 2020 & consideration of written statement by Def. no.2.
Judge
Next Purpose: NM  ORDERS
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: None present for plaintiff.
Adv.Ashish Gupta for defendant No.2 present.
Adv.Pravin Nikalje i/b.The Juris Partners for defendant No.4 present.
The Adv.for deft.No.2 submits that in roznama dated 19.11.2022 there is correction wherein it was the submission of defendant No.2 that say of defendant No.2 shall be considered as his argument. Read the roznama dated 19.11.2022, in the end part of the roznama the word say of defendant No.3 is corrected as say of defendant No.2.
KB
LO at 04.15 pm
Same appearance.
KB
LO at 05.45 pm
As Court is busy in other matters, hence, adjourned.
Matter adjd to 16.02.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-02-2023

Date: 16-02-2023
Business: None present for plaintiff.
Adv.Ashish Gupta i/b.Lexim Associates for defendant No.2 present.
Adv.Nilesh Lonkar for defendant No.4 present.
KB for order.
LO at 05.00 pm
Adv.H.D. Gandhi h/f.Adv.Hemant Ghadigaonkar for plaintiff present.
KB
LO at 05.55 pm
As Court is busy in hearing in urgent ad-interim matters (SU 440/23 and SU 442/23), hence, adjourned.
Matter adjd to 01.03.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: Plaintiff present.
Adv.M.A. Menon for defendant No.2 present.
Adv.Pravin Nikharge for defendant No.4 present.
KB
LO at 05.45 pm
As Court is busy in hearing in SU 528/23 on ad-interim relief, dictating order in NM 2385/19 and due to paucity of time matter is adjourned.
Matter adj. to 06.03.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-03-2023

Date: 06-03-2023
Business: None present for plaintiff.
Adv.Ashish Gupta for defendant No.2 present.
Adv.Nikharge for defendant No.4 present.
KB
LO at 03.45 pm
None present for both sides.
KB
LO at 05.55 pm
As Court is busy in hearing in NM 190/20 and NM 1359/22, hence, adjourned.
Matter adjd to 13.03.2023 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv.Ashish Gupta for defendant No.2 present.
KB
LO at 05.15 pm
As Court is busy in hearing in NM 588/2021, hence, adjourned.
Matter adj. to 14.03.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-03-2023

Date: 13-03-2023
Business: Adv.Ashish Gupta for defendant No.2 present.
KB
LO at 05.15 pm
As Court is busy in hearing in NM 588/2021, hence, adjourned.
Matter adj. to 14.03.2023 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-03-2023

Date: 14-03-2023
Business: None present for both sides.
KB
LO at 05.45 pm
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.197 of 2020 is dismissed.
2. Costs shall follow the event.
Nature Of Disposal: DISMISSED
Disposal Date: 14-03-2023

Additional Case Details

Additional Case Details
Filing Number: 100452/2020
Filing Date: 13-01-2020
First Hearing Date: 03rd February 2020
Decision Date: 14th March 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
14 Mar 2023

Order Details: Notice of Motion Pdf Text: 1 NM 197/2020 MHCC010004862020 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 197 OF 2020 IN SUIT NO. 2431 OF 2018 Smt. Shraddha S. Sawant ...Applicant/ Defendant No.4 In the matter between Anil Tukaram Waghate ...Plaintiff V/s. 1. Dhirajlal Maneklal Mehta & Ors. ...Defendants. Appearance : Adv Ms. Pallabi Chatterjee I/b. Hemand Ghadigonkar for the plaintiff. Adv Mr. Ashish Gupta for the defendant No. 2 Adv Mr. Rohan Mahadik…

Read Full Order

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