Skip to main content
NOTICE OF MOTION

Dilshad Limji PandeyVsSharad Patel of Bombay and Ors.

CNR MHCC0100081020204-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 24th September 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100324/2020
Registration Date
18 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 20-01-2020
    Business: Plaintiff present. None present for Defendant.
    Court is busy in hearing Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, hence case is adjourned to 14/02/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2020
    
    Date: 14-02-2020
    Business: court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2020
    
    Date: 09-03-2020
    Business: Plaintiff present and submitted that her lawyer has suffered from shoulder fracture hence unable to attend the court.
    Advocate Ms. Pandey for Defendant no.5 present and sought time to file reply to Notice of Motion no.984/20.
    Plaintiff is directed to tender registered Notice of Motion no.984/20.
    Case is adjourned to 16/04/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-08-2020
    
    Date: 07-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-12-2020
    
    Date: 09-09-2020
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: Adv. Bhavika Tiwari for def. no. 5 present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 07.01.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Adv. Deeshant Doshi for defendant no. 5 present.
    Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
    On oral request of adv. for def. no. 5 longer date is given.
    Adjd to 11.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Plaintiff present.  Her advocate is absent.
    None for defendants.
    On oral request of plaintiff matter is adjourned as last chance.
    Adjd to 22.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2021
    
    Date: 11-02-2021
    Business: Plaintiff present.  Her advocate is absent.
    None for defendants.
    On oral request of plaintiff matter is adjourned as last chance.
    Adjd to 22.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Court is on leave, hence board is discharges.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Adv. Ashish Agarkar for plaintiff present.
    In view of office order No. 73/2021 dtd. 06.04.2021  of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to directions of Hon\''ble High Court vide circular dtd. 05.04.2021   restricting the functioning of the Courts in the wake of sharp surge in COVID-19 cases, the matter is adjourned owing to absence of the parties.
    Adjd to 07.06.2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for NM hearing to 06/07/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2021
    
    Date: 06-07-2021
    Business: Nobody present.
    Due to COVID-19 pandemic, matter is adjourned.
    Adjd for NM hearing to 26/08/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv. Avineet Pange  for plaintiff present.
    Adv. Vighnesh Nair for defendant No. 5 present.
    Adv. for defendant stated that the notice of motion NO. 324/20 is not much older.
    The adv. for defendant should take note that suit is pending since 1987 for last 34 years. The pendency of suit is to be seen and not notice of motion. Parties to proceed with NM on 28.08.2021 failing which necessary orders will be passed.
    Adjd for NM hearing to 28/08/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2021
    
    Date: 28-08-2021
    Business: At 01.08 pm
    Adv. S. R. Chopade I/b Adv. Abhineet Pange filed undertaking to file vakalatnama on next date on behalf of plaintiff.
    None for defendant.
    Even after direction dt. 26.08.2021 the adv. for plaintiff is seeking time on the ground that they will file vakalatnama and have to go through the papers.
    On perusal of roznama and after verification by interpreter it is found that registered Notice of Motion No. 324/20 is not filed by the plaintiff till date.
    Direction is given to plaintiff to file registered notice of motion on next date failing which the untendered registered notice of motion will be treated as disposed of and will be removed from CIS board.
    Adjd for NM hearing to 02/09/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: None for plaintiff.
    Adv. Vighnesh Nair for defendant No. 5 present.
    Adv. For defendant No. 5 filed affidavit in reply to NM No. 324/20. t.o.r.
    kb L. O at 3.45 pm
    Adv. Abhineet Pange filed vakalatnama on behalf of plaintiff a. t.o.r. He stated that he will get the no objection of the earlier advocate.
    Exh-84 Vakalatnama O- Read and recorded.
    Plaintiff is present.
    Adv. For plaintiff stated that the original registered Notice of motion is misplaced but he has with him only the affidavit in support of Notice of motion No. 324/20. Plaintiff to take appropriate steps to file the copy of the said notice of motion.
    Adjd for compliance/NM hearing to 24/09/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Exh-85 Advocate Shanay Shah along with Adv. Yazad Udwadia instructed by Mehta Girdharlal filed vakalatnama For plaintiff. t.o.r.
    Adv. Deeshank Doshi For defendant No. 5 present.
    Application filed by plaintiff to withdraw Notice of motion NO. 324/20 with liberty to file fresh suit. t.o.r. Say filed by adv. For defendant No 5 on application itself.
    Adv. For defendant objected for withdrawal of notice of motion on ground that delay is caused on part of plaintiff to proceed with the Notice of motion. The registered Notice of motion is not tendered to that adv. For plaintiff stated that the original notice of motion is misplaced and the same is stated in the application.
    On perusal of roznama dt. 02.09.2021 there was affidavit with the plaintiff in support of notice of motion. Adv. To file the said affidavit on record.
    Adv. For plaintiff filed affidavit in support of notice of motion NO. 324/2020. t.o.r.
    ORDER below application to withdraw the NM No. 324/2020.
    Plaintiff desires to withdraw the notice of motion. The defendant No. 5 has objection for its withdrawal. The withdrawal is sought with liberty to file fresh notice of Motion. O- Allowed to withdraw Notice of motion considering the above facts on record.
    The plaintiff is at liberty to file notice of motion with direction to file the same if any on next date failing which the said right of plaintiff to file the fresh notice of motion will not be considered.
    Adv. For plaintiff filed xerox copy of notice of motion. t.o.r.
    ORDER below Notice of Motion No. 324 of 2020
    The application of the plaintiff to withdraw the notice of motion is allowed. Hence notice of motion is disposed of as withdrawn with liberty to file a fresh notice of motion provided the same is filed on next date failing which the plaintiff will loose his right to file the same notice of motion thereafter as the suit is pending since 1987 and the parties should proceed with suit diligently and expeditiously.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 24-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 100856/2020
    Filing Date: 18-01-2020
    First Hearing Date: 20th January 2020
    Decision Date: 24th September 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    24 Sept 2021

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100324/2020 Dilshad Limji Pandey Vs Sharad Patel of Bombay and Ors. Date : 24-09-2021 Business : Exh-85 Advocate Shanay Shah along with Adv. Yazad Udwadia instructed by Mehta Girdharlal filed vakalatnama For plaintiff. t.o.r. Adv. Deeshank Doshi For defendant No. 5 present. Application filed by plaintiff to withdraw Notice of motion NO. 324/20 with liberty to file fresh suit. t.o.r.…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.