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NOTICE OF MOTION

Ms John Builders Pvt Ltd And AnrVsMs Earnest John And Co Ltd

CNR MHCC01001064201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th August 2021

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100409/2019
Registration Date
29 Jan 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 20-02-2019
Business: Adv. Ruhan Present for the Plff.
Adv. Ms. Kunjal Shah Present for the Deft. no. 1 and 2.
LD counsel for the Deft no.1 and 2 tendered registered NM 409/19 alongwith affidavit. t.o.r.
Ld counsel for the Plff sought time for filing reply to Nm 409/19. Granted.
Adj. For Reply of NM 409/19 on 08/03/2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 08-03-2019

Date: 08-03-2019
Business: Adv. Ruhan Present for the Plff.
Adv. Ms.Kinjal Shah Present for the Deft.
Ld counsel for the plff sought time to file reply to NM 409/19. hence considering the request strictly last chance to file reply without fail on next date other wise matter will be proceeded hearing without reply as it is expedited by Hon\''ble high court.
Adj. For reply of NM 409/19 on 29/03/2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Adv. Ms. Sayyed Present for the Plff\''s.
Adv. Ms. Kinjal Shah Present for the Deft.
Ld counsel for the plff filed reply to NM 409/19. t.o.r. copy supplied to Ld counsel for the deft.
Ld counsel for the deft prayed for filing rejoinder to the reply. Granted with direction to supply the copy in advance to the otherside of the rejoinder for hearing of the matter.
Adj. For Hearing of NM 409/19 on 11/06/2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 11-06-2019

Date: 11-06-2019
Business: Adv. Indira Labde present for the plff.
Adv. Sanaya present for deft no. 1 and 2
Court is busy in dictating Judgement of POCSO Case No. 238/16.
Adj to 17/07/2019.
Next Purpose: S.CT.H.CT. TIME BOUND
Next Hearing Date: 17-07-2019

Date: 17-07-2019
Business: Adv. Pradip Gandhy for plaintiff present.
Adv. Kinjal Shah for defendant present.
Ld. counsel for defendant filed rejoinder to reply of plaintiff to NM. Copy is supplied to other side.
Exh.12 Adjournment application filed by plaintiff. TOR. Granted.
Matter adjd for NM hearing on 02/08/2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Business: Adv. Giri Raj for plaintiff present.
Adv. Navin Parekh for defendant present.
Exh.13 Adjournment application by plaintiff. TOR. ORDER On last date also plaintiff sought adjournment by application Exh.12. Again today plaintiff is seeking adjournment. It is granted by way of last chance on cost of Rs.2,000/- to be paid to the defendant on or before next date.
Matter adjd for NM hearing on 20/09/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Adv. Prit Chawla for plaintiff present.
Adv. Navin Parikh for defendant present.
Plaintiff has filed affidavit of sur-rejoinder. TOR.
Plaintiff to pay cost as per order dt.02.08.2019.
Matter adjd for NM hearing on 18/10/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: Adv. Shakti for plaintiff present.
Adv. Kinjal Shah for defendant present.
As Court is busy in recording evidence, NM hearing and orders this matter is adjourned.
Matter adjd on NM hearing on 25/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 18-10-2019
Business: Adv. Shakti for plaintiff present.
Adv. Kinjal Shah for defendant present.
As Court is busy in recording evidence, NM hearing and orders this matter is adjourned.
Matter adjd on NM hearing on 25/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: None present for plff.
Adv. Kinjal Shah for defendant present.
Matter adjd to 18/12/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Adv. Preet chawla for plaintiff present.
Adv. Mohit Khanna for defendant present.
By consent adjd for NM Hearing on 08/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Navin Parekh with Adv. Vishesh Malviya for defendant No.1 and 2 present.
On the request of Ld. Counsel for plaintiff matter is adjourned for NM hearing.
Matter adjd for NM hearing on 24/01/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Adv. P. D. Gandhy for plaintiff present.
Adv. Navin Parekh with Adv. Kinjal Shah for defendant present.
Ld counsel for the Plff filed Draft NM alongwith affidavit. TOR.
Order- Heard. Leave granted. NM be registered. Copy be served upon otherside. Service affidavit be filed.
The Ld Adv appearing for defts submits that the NM No.409/19 be heard today. On the contrary, the Ld Adv appearing for plff submits that the plff filed draft NM to frame additional issues. Hence it appears me that, it is proper to hear both the motions at one time. Hence matter be adjourned.
Matter adjd for tendering original registered NM alongwith affidavit and service affidavit and reply on 13/03/2020 at 02.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: Adv. Preet Chawda for plaintiff present.
Adv. Vishesh Malviya for defendant present.
Representative of defendant present.
Plaintiff advocate tendered registered NM no. 449/2020 along with affidavit t.o.r.
adv. of plaintiff filed service affidavit. t.o.r. It is marked as Exh.14 O. Seen
Adv. for defendant filed reply to NM t.o.r. O. read and recorded.
Adv. for plaintiff submits that time be granted to file rejoinder if any. Copy of rejoinder be served in advance.
Matter adjd for filling rejoinder and NM hearing to 24-04-2020 at 2.45 pm
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 24-04-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-05-2020

Date: 24-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-05-2020

Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-06-2020

Date: 15-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 04-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2020

Date: 04-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-06-2020

Date: 22-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2020

Date: 31-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Adv. Preet Chavala for plaintiff present.
None for defendant.
Today matter is for filing rejoinder and NM hearing.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for rejoinder and NM hearing to 19-01-2021.
Next Purpose: REJOINDER
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: At. 11.25 am
Adv. Ms. Preet Phanse for plaintiff present.
Exh-14 Adv. for plaintiff filed application for adjournment.
At. 2.35 pm
Adv. Urvi Gupte I/b Rashmikant and partners for defendant present.
Order-The application for adjournment is filed on the ground that employees of plaintiff have been tested positive for COVID-19 one after another. Therefore could not file the rejoinder affidavit in reply filed by defendant. Considering the reason shown adjournment granted. Application is disposed of.
Adjd for rejoinder affidavit of plaintiff/arguments to 03/03/2021
Next Purpose: REJOINDER
Next Hearing Date: 03-03-2021

Date: 03-03-2021
Business: Adv. P. D. Gandhy for plaintiff present and fill affidavit in rejoinder to NM No. 449/2020. t.o.r.
None for defendant.
Adjd for NM hearing to 19/04/2021
L. O
Adv. Urvi Gupte  I/b Rashmikant and partners for defendant present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 19-04-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: adj to
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 09-08-2021
Business: Adv. Mr. P. D. Gandhy for Plaintiff present.
NM 449/20	Adv. Ms. Kinjal Shah for Defendant present.
NM 409/19	By consent matter adj. to 30/08/2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: SU 495/11  	Adv. Mr. Gandhi for Plaintiff present.
NM 409/19	Adv. Mr. Bhadang for Defendant present.
NM 449/20	Heard both the sides.
	COMMON ORDER ON NM NOS. 409/19 AND 449/20
	1.	Both the NM Nos. 409/19 and 449/20 are partly allowed.
	2.	The issues are re-cast at Exhibit-10 itself.
	3.	The parties to go through the re-cast issues and accordingly lead evidence, if any.
	4.	In above terms both NM are disposed off accordingly.
Exh. 10	Re-cast Issues.
	Matter adj. to 11/10/2021 for R/E.
Nature Of Disposal: ALLOWED
Disposal Date: 30-08-2021

Date: 30-08-2021
Business: SU 495/11  	Adv. Mr. Gandhi for Plaintiff present.
NM 409/19	Adv. Mr. Bhadang for Defendant present.
NM 449/20	Heard both the sides.
	COMMON ORDER ON NM NOS. 409/19 AND 449/20
	1.	Both the NM Nos. 409/19 and 449/20 are partly allowed.
	2.	The issues are re-cast at Exhibit-10 itself.
	3.	The parties to go through the re-cast issues and accordingly lead evidence, if any.
	4.	In above terms both NM are disposed off accordingly.
Exh. 10	Re-cast Issues.
	Matter adj. to 11/10/2021 for R/E.
Nature Of Disposal: ALLOWED
Disposal Date: 30-08-2021

Additional Case Details

Additional Case Details
Filing Number: 101194/2019
Filing Date: 29-01-2019
First Hearing Date: 20th February 2019
Decision Date: 30th August 2021
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Aug 2021

Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY COMMON ORDER IN NOTICE OF MOTION NOS. 449 OF 2020 & 409 OF 2019 IN SUIT NO. 495 OF 2011 M/s. John Builders Pvt.Ltd. & Another. … Plaintiffs. Versus M/s. Earnesh John & Company & Another ...Defendants Appearance: Advocate Mr. Gandhi for the Plaintiffs. Advocate Mr. Bhadang for the Defendants. CORAM: H.S. SATBHAI, JUDGE, (C.R.NO. 59) DATE : 30th August, 2021. COMMON ORDER The notice…

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