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NOTICE OF MOTION

Nav Yashodhara Co op HSG Society LtdVsRajanikant Talakchand Mehta And Anr

CNR MHCC0100100120192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED IN DEFAULT
Decision Date: 22nd October 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100390/2019
Registration Date
28 Jan 2019

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: 26-02-2019
    Business: Adv. Megha Keluskar for plaintiff present.
    Adv. Waknis for defendant no. 1 present.
    Adv. For plaintiff filed original NM No. 390/19.  Taken on record.  Copy is served to defendant no 1.
    Plaintiff is directed to take steps for service of motion upon defendant. no. 2.
    Adjourned for  service of NM upon defendant no. 2 and reply of defendants to NM to 8.4.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-04-2019
    
    Date: 08-04-2019
    Business: Adv. Megha Keluskar for Plaintiff present.
    Deft and Adv absent.
    Adv for Plaintiff submitted that service has been made upon Defendant no.2. She is directed to file affidavit of service in relating to Defendant no.2.
    Adj for reply of Defendant no.1 and service report of defendant no.2 to 28.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv. Megha Keluskar for Plaintiff present.
    She sought time to file affidavit of service.
    Time is granted.
    Adj for affidavit of service to 02.08.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv. Megha Keluskar for Plaintiff present.
    Affidavit of service filed by Adv for Plaintiff t.o.r.
    NM is served upon defendant no.2.
    None appeared on behalf of defendant no.2.
    Plff is directed to take steps to serve NM upon defendant no.1 personally.
    Adj for service to 13.09.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 13-09-2019
    
    Date: 13-09-2019
    Business: Court is on leave, Hence matter adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Business: Adv. Megha Keluskar for plaintiff present.
    Adv. Viven Patale for defendants present.
    Affidavit of service filed by advocate for plaintiff - TOR
    Advocate for defendants sough time to file reply  Time is granted.
    Adjd for reply to 20.11.2019
    Next Purpose: REPLY
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Megha Keluskar for plaintiff present.
    Adv. Viven Patale for defendant present and filed reply to Notice of Motion No.390 of 2019.
    Copy is given to other side.
    Adjourned for rejoinder and NM hearing to 11.12.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2019
    
    Date: 11-12-2019
    Business: Adv. Megha Keluskar for plaintiff present.
    Adv. Viven Patade for defendant present.
    Adv. for plaintiff sought time to file rejoinder.
    O- Time is granted.
    Adjourned for rejoinder and NM hearing to 17.01.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: Adv. M.P. Sharma for plaintiff present.
    Adv. Harsh Patel for defendant present.
    Adv. for plaintiff sought time to file rejoinder
    O- Time is granted as last chance.
    Matter is posted for rejoinder and hearing to 17.02.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: As Court is on leave hence, Board adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present.
    Matter stands Adj for NM Hearing to 17.04.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2020
    
    Date: 25-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Adv. Megh Keluskar for plaintiff present.
    Adv. Saurabh Talekar for defendant present.
    Matter stands Adj for Hearing on N/M to 06.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-02-2021
    
    Date: 06-02-2021
    Business: Adv Megha Keluskar for plff present.
    Adv Aarti Nimbalkar for deft present.
    Adv for plff filed adjournment application. Granted as last chance.
    Matter stands Adj for NM Hearing to 03/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv Megha Keluskar for plff present.
    Adv Arti Nimbalkar for deft present.
    Adv for plff submitted that she wants to take instructions from her client whether the matter should be withdrawn or proceeded further.  Already last chance was granted on 06/10/2020.
    Adv for deft raised objection for grant of adjournment.  But considering submission of Adv for plff, last chance is granted for NM Hearing, in default dismissal.
    Matter stands Adj for NM Hearing, in default dismissal to 24/03/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: None present.
    Matter stands Adj for NM Hearing to 17/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Due to covid matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: None for plff.
    Adv Talekar for deft present.
    Matter stands Adj for NM Hearing, in default dismissal of NM to 22/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: None for plff.
    Adv Talekar for deft present.
    Perused the NM.  It is for condonation of delay in setting aside order dated 05/12/2018 by which the suit was dismissal in default for want of prosecution.  Adv for deft submitted that suit was dismissed in default on two occasions.  This is the third NM for restoration of the suit. Present NM is pending since 2019.
    From the perusal of roznama it appears that last chance were granted to the plff on several occasions for NM hearing. On 03/03/2021, Adv for plff appear before the Court and submitted that she wants to take instructions from her client whether matter should be withdrawn or proceeded further.
    Considering the said submission of Adv for plff, last chance was granted, in default NM was fixed for dismissal on 24/03/2021. There after also none appeared for plff.
    It appears that plff is not diligently prosecuting the NM and she is not interested to proceed further with the NM.
    Hence NM 390/2019 is dismissed in default for want of prosecution.  Proceeding is closed.  R and P be sent to record dept.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 22-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101022/2019
    Filing Date: 28-01-2019
    First Hearing Date: 26th February 2019
    Decision Date: 22nd October 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Oct 2021

    Order Details: Notice of Motion Pdf Text: 22.10.2021 35 CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR (C. R. No. 2) NM 390/2019 (SU 10423/1991 Disp of) None for plff. Adv Talekar for deft present. Perused the NM. It is for condonation of delay in setting aside order dated 05/12/2018 by which the suit was dismissal in default for want of prosecution. Adv for deft submitted that suit was dismissed in default on two occasions. This is the third…

    Read Full Order

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