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NOTICE OF MOTION

M/s. Welfinish Metal Processor Pvt LtdVsM/s. Central Engineering +3 more

CNR MHCC01000748201928-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 09th January 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100298/2019
Registration Date
21 Jan 2019

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: 23-01-2019
Business: Adv. R. C. Mishra for Plaintiff present.
Adv. P. V. Desai for Defendant no.1 and 2 present and filed vakalatnama, TOR. Subject to confirmation.
Advocate for defendant has filed registered N/M no.298/19 alongwith affidavit, TOR.
On the oral request of the advocate for plaintiff,
Matter is adjd. to 08/03/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: None for Plaintiff.
Adv. P. V. Desai for Defendant n.1to3 present.
Matter is adjd. to 10/04/2019 for Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: None present
Matter is Adjd for N/M Hearing to 08/08/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Adv. Tripathi for plaintiff present.
None for deft.
On oral request last chance is given to plaintiff to file reply to nm.
Adjd. to 09.01.2020 for nm reply.
LO 11.50 p.m.
Adv. Desai for deft. no. 1 to 3 present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2020

Date: 09-01-2020
Business: Adv. Padmakar for plaintiff.
Adv. Desai for defendant no.1 to 3.
The plaintiff failed to file reply to the NM 298/19. Hence, the NM to proceed without reply of the plaintiff.
The failure of the plaintiff to file the reply shows that the NM has not been seriously resisted. The grounds as mentioned in the application show that the defendant unaware of the technicalities approached just before the fixed date to the advocate. In other words the defendant could not appear within 10 days due to unawareness of the technicality to appear within 10 days. Considering all these circumstances and shortness of the delay i.e. of only 24 days, the delay caused is condoned and the appearance of defendant no.3 be t.o.r.subject to cost of Rs.1000/- to be paid to the plaintiff.
Adjd to 23.03.2020 for steps against defendant no.4.
Nature Of Disposal: ALLOWED
Disposal Date: 09-01-2020

Additional Case Details

Additional Case Details
Filing Number: 100908/2019
Filing Date: 21-01-2019
First Hearing Date: 23rd January 2019
Decision Date: 09th January 2020
Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

Orders

1
Final Order 1
09 Jan 2020
Order Details: Notice of Motion
Pdf Text: Dt: 09.01.2020
SUM 1352/18 @
NM 298/19
CORAM : H.H.J SHRI. DEEPAK L. BHAGWAT(C.R.NO.28)
Adv. Padmakar for plaintiff.
Adv. Desai for defendant no.1 to 3.
The plaintiff failed to file reply to the NM 298/19. Hence,
the NM to proceed without reply of the plaintiff.
The failure of the plaintiff to file the reply shows that the
NM has not been seriously resisted. The grounds as
mentioned in the application show that the defendant
unaware of the technicalities approached just before the
fixed date to the advocate. In other words the defendant
could not appear within 10 days due to unawareness of the
technicality to appear within 10 days. Considering all these
circumstances and shortness of the delay i.e. of only 24
days, the delay caused is condoned and the appearance of
defendant no.3 be t.o.r.subject to cost of Rs.1000/ to be
paid to the plaintiff.
Adjd to 23.03.2020 for steps against defendant no.4.
Judge
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