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NOTICE OF MOTION

THE BOARD OF TRUSTEES OF THE PORT OF BOMBAYVsDr. Jenny Arun And Anr

CNR MHCC01001043201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 07th February 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100401/2019
Registration Date
28 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: 07-03-2019
Business: Adv. Vimal Khandare Present for the Plff.
Adv. Mohile Present for the Deft. no.2.
Ld counsel for the Deft no.2 filed registered NM 401/19 alongwith affidavit.
Ld counsel for the Deft no.2 sought time to file service affidavit. Granted.
Ld counsel for the plff sought time to file reply to NM 401/19. granted.
Adj. For Service affidavit of NM401/19 and reply of NM 401/19 by plff on 04/04/2019.
Next Purpose: REPLY
Next Hearing Date: 04-04-2019

Date: 04-04-2019
Business: Adv. Ms. Vimal Present for the Plff.
Adv. Aanatkumar Present for the Deft. no.2.
Ld counsel for the plff sought time to file reply to NM 401/19. granted as last chance.
Adj. for Reply of NM 401/19 on 10/07/2019.
Next Purpose: REPLY
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Adv. Rane for plaintiff present.
None present for D-1.
Adv. Anant Kumar for D-2 present.
On the request of Ld. Counsel of plaintiff last chance is granted to file reply to NM.
Matter adjd for reply on 26/09/2019.
Next Purpose: REPLY
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Adv.Vimal Khandare for plaintiff present.
None present for defendant no.1.
Adv.Anant Kumar for defendant no.2/Applicant present.
Ld.Counsel for plaintiff filed reply to N/m.
Copies served to other side.
Defendant/Applicant is at liberty to file rejoinder.
Adjd.for N/m hearing on  21.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-01-2020

Date: 20-01-2020
Business: Today received Execution application NO. 546/17.
Adv. Vimal Khandare for plaintiff present.
Adv. Mohile for defendant No.2 present.
On the request of Ld. advocate for deft no. 2 matter is adjourned for filing rejoinder to NM as a last chance and NM Hearing
Matter adjd for filing rejoinder to NM as a last chance, Hearing on NM and Application Hearing on 24/02/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Plaintiff and Advocate for plaintiff both are absent.
Adv. Anant Kumar for defendant no.2 present.
Adv. for deft no.2 filed rejoinder to NM No.401/19. TOR. O-read and recorded.
Matter adjd for NM Hearing on 26/03/2020 at 02.45 pm.
KB L.O. at 3.51 pm
Adv Vimal Khandare for plaintiff present.
The Ld Adv for plaintiff submits that plaintiff has not received copy of the rejoinder.
Matter adjd for NM Hearing on 26/03/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2020

Date: 06-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2020

Date: 10-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-01-2021

Date: 14-01-2021
Business: Adv. Vimal Khandare for plaintiff present.
None for defendant
Adjd for NM hearing to 17/03/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2021

Date: 17-03-2021
Business: Adv. Vimal Khandare for plaintiff present.
Adv. A. K. Moily for defendant present and seeking time. Granted as last chance with direction to argue notice of motion on next date failing which Notice of motion will be heard and decided without argument of defendant.
Adjd for NM hearing to 23/06/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: Adv. Ms. Vimal Khandare for Plaintiff present.
In SU 9998/87	None present for Defendant.
(D/Off)	The NM is pending since November-2019.  The record shows adjourning the NM on many dates at the instance of Defendant.  Therefore, today it can be dismissed for want of prosecution.  But due to the SOP of Hon\''ble Bombay High Court because of pandemic COVID-19, adjourned to  17/09/2021 for NM Hearing/Dismissal Order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-09-2021

Date: 17-09-2021
Business: Adv. Ms. Savita Ganoo for Plaintiff present.
In SU 9998/97	Adv. Mr. Tiwari for Defendant No. 2 present.
NM 401/19	While hearing of argument of NM of Defendant No. 2, the Plaintiff sought time stating the reason that it is necessary to take inspection of the court record.  The fact that the Plaintiff appeared in the NM in 2019 itself.  The request to adjourn the hearing is not appearing to be bonafide.  However, it is allowed subject to payment of Rs. 5,000/- to District District Legal Services Authority, Mumbai U/s. 17(1)(c) of District Legal Services Authorities Act, which is condition precedent for hearing the arguments of Plaintiff in NM.
	Matter adj. to 30/10/2021 for NM Arguments.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-10-2021

Date: 30-10-2021
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Court is Vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Savita Ganoo a/w Adv Radha H. Bhandari i/b M.V. Kini and  Co for plff/applicant present.
Adv Bhaskar Tiwari for defendant No. 2 present.
Advocate for plff tendered sur-rejoinder t.o.r.
Advocate for defendant No.2 submitted that he has submitted the photocopy of compilation of document in the Month of September, 2021.
Perused record.  Roznama does not mention of the said fact. On request advocate for Deft no. 2 is permitted to refile the same.
Adjd on 15.07.2022 for Notice of Motion Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: Adv. Savita Jadhav for plff is present.
Adv.Anant Kumar  for Def.no.2 is present.
Heard part argument of advocate for defendant no.2.
Matter is adjd on 23/09/2022 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv Hrishikesh Guhagarkar for plff DH present
Adv Anand Kumar for defendant present
By consent adjourned.
Matter is adjd on 13.12.2022 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2022

Date: 13-12-2022
Business: Matter called out at 2.50 p.m.
Adv Savita Ganoo i/b Adv. Radha Bhandari from M.V Kini and Co for Original Plaintiff/Decree Holder present.
Adv Bhaskar Tiwari a/w  Anant Kumar for defendant/ JD
Heard argument of both the sides on NM.  Adv for defendant No.2 submits that he wants to file written submissions.  In case written submissions are tendered advance copy be served upon other side and Adv for DH is at liberty to file written submissions.
Matter is adjd on 03.01.2023 for NM Orders
Next Purpose: NM  ORDERS
Next Hearing Date: 03-01-2023

Date: 03-01-2023
Business: Matter called out at 3.47 p.m.
Adv. Siddhi More i/b M/s. M.V. Kini and Co for plff present.
None for defendant No.2
Advocate for plaintiff submits that she has not received the copy of written arguments of advocate for defendant No.2. She seeks time to file her written arguments.
Today the matter is listed for Notice of Motion order.
The advocate for defendant No.2 after concluding his arguments has submitted that he wants to submit written submissions.  In view of the said submission, and submission  of advocate for the plaintiff made today instead of passing order on Notice of Motion today itself, matter is listed for submission of written arguments.
Matter is adjd on 13.01.2023 for NM Hrg
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2023

Date: 13-01-2023
Business: Matter called out at 3.01 pm
None for plff
Adv K.K.Mohite I/b Anant Kumar for defendant No.2 present and tendered written submissions t.o.r.
He also tendered the copy of application serving copy of written arguments upon adv for plff.
K.B.  as adv for plff is not present
LO at 3.47 pm
Adv Siddhi More for plff present and submits that she has received copy of written arguments of Adv for defendant No.2 yesterday only and seeks time to file her written argument.
Matter is adjd on 24.01.2023 for NM Argument
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: Adv. Siddhi More I/b M.V. Kini and Co. for plaintiff present.
Adv. A.K.Moily for defendant no. 2 present.
Adv. for plaintiff tendered written submissions on NM. T.O.R.
Copy served upon Adv. for defendant no.2.
Matter is adjd on 07-02-2023  for  NM order.
Reason For Adjournment: court time is over
Next Purpose: NM  ORDERS
Next Hearing Date: 07-02-2023

Date: 07-02-2023
Business: None for plaintiff.
Adv.Moily I/b Adv. Anant Kumar for defendant no. 2 present.
F.R.S.R. following order is passed below notice of motion 401/19:
Order
1.  Notice of motion 401/19 is made absolute in terms of prayer clause (a).
2. Notice of motion 401/19 disposed off.
As the notice of motion is allowed and is ex-parte decree dtd. 14/01/2014 is set aside, suit no. 9998/87 is restored in the file. Both the parties to appear before the Court on 27-02-2023.
The suit is very old therefore trial is expedited.
Matter is adjd on 27-02-2023 for WS.
Nature Of Disposal: OTHER
Disposal Date: 07-02-2023

Additional Case Details

Additional Case Details
Filing Number: 101089/2019
Filing Date: 28-01-2019
First Hearing Date: 07th March 2019
Decision Date: 07th February 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
07 Feb 2023

Order Details: Notice of Motion Pdf Text: Order in Notice of Motion No. 401 of 2019. 1 MHCC010010432019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 401 OF 2019. IN SHORT CAUSE SUIT No.9998 of 1987. (High Court Suit No.2296 of 1987) 2.Tata Tea Ltd. ….Defendant No.2/ Applicant. In the matter of The Board of Trustee of the Port of Bombay … Plaintiff. V/s. 1. Dr. Jenny Arun and Ors. ...Defendants Appearance: Adv. Sidhi More i/b…

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