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NOTICE OF MOTION

Hastimal Motilal JainVsShailesh Manoharlal Vanigota And Ors

CNR MHCC0100060320198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th November 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100238/2019
Registration Date
17 Jan 2019

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: 28-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2019

Date: 30-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-01-2019

Date: 31-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2019

Date: 13-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2019

Date: 01-03-2019
Business: Plaintiff present. His advocate absent.
Adv. Javed for defendant no.1 present.
Adv. Bhavin for defendant no.2 present.
Adv. Priya for defendant nos.3,4 and 7 present.
Adv. Kandekar for defendant nos.5 and 6 present.
Plaintiff and Learned advocates for defendants requested for adjournment by submitting that settlement talks are going on.
By consent, matter adjourned to 18.03.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2019

Date: 18-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2019

Date: 01-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2019

Date: 09-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2019

Date: 11-04-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2019

Date: 26-04-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: adjd. to 16.08.2019 for reply to N/M/ plff\''s N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-08-2019

Date: 16-08-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Yadav for plaintiff is present,he filed say overleaf  NM No.231/19.
Adv.Satamakr h/f adv. Kandekar  for defendant 5 and 6 is present.
Adv. Rehana Nalwala for defendant No.2 is present.
Matter adj for NM hearing / order to 06.12.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: Plaintiff is present.
Adv. Yadav for Plaintiff is present.
Adv. Khandekar for Defendant No.2 is present.
Adv. Dipti Shah for Defendant Nos.3,4 and 7 is present.
Adv. Satamkar  for Defendant Nos.5 and 6 is present.
Heard Advocate of defendant No.2 and Advocate of plaintiff.
Advocate of plaintiff filed reply on overleaf of NM No.232/2019 and submitted that the NM be allowed subject to cost.  It appears that delay of 60 days occurred for tendering written statement by defendant No.2 on record.  The reason mentioned in the affidavit in support of NM  that the defendant filed reply to the NM taken out by plaintiff on 14.09.2018 and thereafter matter was kept for reply of other defendants, therefore the defendant No.2 has not tendered the written statement on record, appears to be justifiable.   For the delay caused on behalf of defendant No.2 plaintiff needs to be compensated.  Therefore, NM No.232/2019 is allowed in terms of prayer clause (a) subject to cost of Rs.500/- (Rs. Five Hundred Only) to plaintiff.  Payment of cost is condition precedent.  After compliance, WS of defendant No.2, be taken on record.  Accordingly, NM No.232/2019 is disposed off.
Matter is adjd. for compliance and reply on NM to 16/01/2020
Next Purpose: COMPLIANCE
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: As Court is busy in dictating order in Ch/s No.1067/18 in Suit No.1839/2015 and hearing of other matters, board discharged.
Matter is adjd.  for compliance to 06.03.2020.
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Business: national lock down
Next Purpose: COMPLIANCE
Next Hearing Date: 03-12-2020

Date: 03-12-2020
Business: Adv. Yadav For the plaintiff present.
None present For the deft.
Defendants No.5 and 6 have failed to file written statement.
Hence no written statement order is heared by pass against deft no.05 and 06.
Matter is adjd. to  09.03.2021 for NM hearing/ issues.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Plaintiff is present.
Adv. Dhrumi Shah i/b for the defendant No.2.
Adv. Mr. Roshan Gawd i/b Dipti Shah for defendants No.3, 4 and 7.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendants No.5 and 6
On oral request of the plaintiff, matter is adjd. to 28/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Business: due to covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2021

Date: 17-07-2021
Business: Due to COIVD-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Plaintiff present. His advocate is absent.
Adv. Devagni Vatsaraj for the defendant No.1 present.
Adv. Mr. Roshan Gaod i/b Dipti Shah for the defendants No.3,4 and 7 present.
Adv. Mr. Pathak h/f Adv. Mr. Kandekar for the defendant No.5 present.
Matter is adjd. to 11/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Plaintiff present in person.
Mr.Yashpal Jain for Developers is present.
Adv.Pathak h/f Adv.Kandekar for defendant no.5
Matter is adjd. to 19.03.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2022

Date: 19-03-2022
Business: Adv. absent  for plaintiff.
Adv. Pathak hf adv. kandekar present for defendant 05 and 06/MHADA.
None present for other defendants.
Plaintiff in person present.
Representative of defendant no. 01 present and sought adjournment.
Matter adjourned for nm hrg. To 30/04/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2022

Date: 30-04-2022
Business: None present for Plaintiff.
Adv Amit Jaiswal present for Defendant no. 01.
Adv Mahir Shah present for Defendant no. 02.
Adv Pathak h/f Adv Khandekar present for Defendant no. 05 & 06.
Plaintiff in person present and sought adjournment.
Matter adjourned for NM Hearing to 19.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. J. S. Yadav present for plaintiff and sought adjournment.
Adv. Mahir Shaha present for defendant 02.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
None present for other defendants.
Matter adjourned for nm hearing to 02/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: None present for plaintiff.
None present for defendants.
As both the parties and their advocates are absent, Matter adjourned for nm dismissal order to 13/09/22.
Adv. Mahir jain present for the defendant no. 02.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv. J. S. Yadav present for plaintiff and sought adjournment.
Adv. Mahir Shah present for defendant 02.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
Plaintiff in person present.
Matter adjourned for nm hearing to 13/10/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv. J. S. Yadav present for plaintiff.
Adv . Natasha Dhim present for defendant 03, 04 and 07.
Adv. Mahir shaha present for defendant no. 02.
None present for other defendants.
Heard arguments of ld. Adv. For plaintiff and ld adv. For defendant no.  03, 04 and 07 on nm no. 238/2019.
As court is busy in hearing ad-interim arguments. Hence, Matter adjourned for nm order to 09/11/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-11-2022

Date: 09-11-2022
Business: Adv. Jayesh yadav present for plaintiff.
Adv. Dhramil C. Shah present for defendant 03, 04 and 07.
Adv. R. B. Singhwi present for defendant no. 02.
Adv. Jaiswal present for defendant no. 01.
Adv. Pathak hf adv. Kandekar present for defendant/MHADA.
F.R.S.R. following order is passed on Notice Of Motion No. 238/2019.
                                        ORDER
1) Notice of Motion No. 238/2019 is made absolute.
2) Written Statement of defendant no. 03, 04 and 07 be taken on record.
3) Notice of Motion No. 238/2019  is disposed off accordingly.
Authenticated copy of Roznama be given to both the parties if
requested.
In view of the above order, written statement of defendant no. 03,
04 and 07 is taken on record and marked as Exh. 07.
Nature Of Disposal: ALLOWED
Disposal Date: 09-11-2022

Additional Case Details

Additional Case Details
Filing Number: 100592/2019
Filing Date: 16-01-2019
First Hearing Date: 28th January 2019
Decision Date: 09th November 2022
Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
09 Nov 2022

Order Details: Notice of Motion Pdf Text: 1 NM No.23819 IN SUIT No.221818 MHCC010006032019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 238 OF 2019 IN S.C. SUIT NO. 2218 OF 2018 Hastimal Motilal Jain ] ...Plaintiff. Versus Shailesh Manoharlal Vanigota & Others]…Defendants. Appearance: Ld Advocate J. S. Yadav for plaintiff. Ld Advocate Natasha Dhim for Defendant Nos.3, 4 and 7. CORAM : K.P. KSHIRSAGAR JUDGE, (C.R.NO.08) DATE : 09/11/2022 ORAL ORDER 1) Defendant Nos. 3,4…

Read Full Order

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