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NOTICE OF MOTION

Kishor Ramesh ChalkeVsArun Chandrakant Chalke

CNR MHCC0100111520203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 06th April 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100436/2020
Registration Date
28 Jan 2020

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 30-01-2020
Business: Adv. Gupte for plaintiff present and seeks time to file reply to NM. Time granted.
Defendant present in person and filed original Nm no. 436/20 along with affidavit. Copy of NM served on other side.
Matter stands Adj for filing reply to NM on 12.03.2020.
Next Purpose: REPLY
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Court is busy in dictating order in Suit no. 136/16 and 3449/11. Hence, board is discharged.
Matter stands Adj for reply to 11.06.2020.
Next Purpose: REPLY
Next Hearing Date: 11-06-2020

Date: 11-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: None present for plaintiff and defendant.
Matter stands Adj for Reply to 29.01.2021
Next Purpose: REPLY
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Advocate Sameer Tendulkar for plaintiff present.
None for defendant.
The case is adjourned to 24.02.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Advocate Tendulkar for plaintiff present and submits that he does not intend to file reply to the Notice of Motion.
None for defendant.
The case is adjourned to 30.03.2021  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Advocate Saurabh Mashelkar h/f adv. Tendulkar for plaintiff present.
None for defendant.
The case is adjourned to 16.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Declared holiday as per Office Order 81 of 2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Matter called out at 03.29 p.m.
None present.
After lockdown, the defendant is not appearing.
Hence, issue notice to the defendant through sheriff.
Matter stands adjourned to 16.10.2021 for appearance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per circular No. 213 of 2021 dtd. 12.10.2021, Holiday declared on 16.10.2021. Hence, Matter adj. to next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Matter called out at 4.33 p.m.
Adv. Saurabh R. Mashelkar h/f Sameer Tendulkar for plaintiff present.
None present for defendant.
Compliance not done.
Matter stands adjourned to 10.02.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 10-02-2022

Date: 10-02-2022

Date: 28-03-2022
Business: Matter called out at 4.50 p.m.
Adv. Suraj Gupta h/f Sameer Tendulkar for plaintiff present. He requested for extension of time to serve the defendants. He is allowed to serve defendant through private modes.
None present for defendant.
Matter stands adjourned to 29.04.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: Adv. Sameer Tendulkar for plaintiff present.
As court is busy in dictating judgment in SU no.594/2008.
Matter stands adjourned to 21.07.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 21-07-2022

Date: 21-07-2022
Business: Adv. Suraj Gupte for plaintiff present.
None present for defendant.
Matter stands adjourned to 15.09.2022 for appearance.
Next Purpose: FOR APPERANCE
Next Hearing Date: 15-09-2022

Date: 15-09-2022
Business: Adv. Saurabh Mashelkar for plaintiff present.
None present for defendant.
Re-Issue notice of appearance to the defendant through bailiff/RPAD.
Matter stands adjourned to 24.11.2022 for appearance of defendant.
Next Purpose: FOR APPERANCE
Next Hearing Date: 24-11-2022

Date: 24-11-2022
Business: Adv. Suraj Gupte for plaintiff present. He tendered affidavit of service. TOR. Exh.24.
Defendant a/w Adv. Swapnil Dighe present.
Plaintiff seeking time to file reply on NM of defendant.
Matter stands adjourned to 23.01.2023 for filing reply.
Next Purpose: REPLY
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: None for plaintiff.
Defendant in person present.
Matter stands adjourned on 18.03.2023 for reply.
Later on at 4.06 pm.
Adv. Suraj Gupte for plaintiff present. He prayed for change of date
with undertaking that he will communicate the change of date to
defendant.
Matter stands adjourned on 21.03.2023 for reply.
Next Purpose: REPLY
Next Hearing Date: 21-03-2023

Date: 21-03-2023
Business: Adv. Sameer Tendulkar for plaintiff present.
Defendant in person present.
As per the roznama 24.02.2021 the advocate of plaintiff submitted that he do not want to reply to the motion however, it is kept for reply. Today also advocate of plaintiff retrieve same contending that he orally deny all the contents of motion. Hence, his statement kept on record. Matter be kept for NM hearing.
Matter stands adjourned on 18.04.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2023

Date: 18-04-2023
Business: Adv. Tendulkar for plaintiff present. He is seeking time. Time granted.
Defendant in person present.
Matter pertains to afternoon session. Hence, Kept Back.
Later on at 2.56 p.m.
Adv. Swapnil Dighe for defendant present.
Matter stands adjourned on 01.07.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-07-2023

Date: 01-07-2023
Business: As P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2023

Date: 23-08-2023
Business: As Court is on leave, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-10-2023

Date: 25-10-2023
Business: Adv present a/w Plaintiff.
Defendant in person present.
Defendant failed to press NM since 18.04.2023, hence put up for NM dismissal order.
Matter stands adjourned on 17-01-2024 for NM dismissal order.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-01-2024

Date: 17-01-2024
Business: None for Plaintiff present.
Advocate Swapnil Dighe along with defendant present.
Heard defendant. Plaintiff and his advocate absent. The plaintiff is directed to argue on the NM on next date otherwise the NM will be decided without hearing of Plaintiff.
Matter stands adjourned on 15-02-2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2024

Date: 15-02-2024
Business: Advocate Akshay Nawar along with Advocate Sameer Tendulkar along with Plaintiff present.
None for defendant present.
Heard arguments of Advocate for plaintiff.
Matter stands adjourned on 01-03-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 01-03-2024

Date: 01-03-2024
Business: None for Plaintiff present.
Defendant is present, his adv. absent.
Due to paucity of time, matter is adjourned.
Matter stands adjourned on 26-03-2024 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: P.O. is on leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-04-2024

Date: 06-04-2024
Business: CORAM - H.H.J. SMT. A. B. SHARMA (CR. 03)
Adv. Dighe for Plaintiff present.
None for defendant present.
F.R.S.R following order is passed on Notice of Motion No. 436 of 2020. Order 1. Notice of Motion No. 436 of 2020 is hereby made absolute in prayer clause (a) subject to costs of Rs. 2000/- payable to the plaintiff within one month from the date of order.
2. The defendant is directed after paying the costs cross examine the plaintiffs witness without taking any adjournment.
3. The plaintiff is directed to keep present his witness on next date for cross examination.
4. Notice of Motion No 436 of 2020 is disposed of accordingly.
Matter stands adjourned on 10-05-2024 for R/E.
Nature Of Disposal: ALLOWED
Disposal Date: 06-04-2024

Additional Case Details

Additional Case Details
Filing Number: 101273/2020
Filing Date: 28-01-2020
First Hearing Date: 30th January 2020
Decision Date: 06th April 2024
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
06 Apr 2024

Order Details: Notice of Motion Pdf Text: 1 NM 436-20 in Suit 370-2015 MHCC010011152020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO.436 OF 2020 IN S. C. SUIT NO.370 OF 2015 Kishore Ramesh Chalke ] Aged: years, Occ: Lawyer, ] R/a. Ganesh Nagar, S.P. Road, ] Wadala, Mumbai. ].. Plaintiff. Versus Arun Chandrakant Chalke ] Aged: 42 years, Occ: Agriculturist, ] R/a. Varal, Taluka Mhasla, ] District Raigad. ].. Defendant. Appearance :- Ld. Adv. Akshay…

Read Full Order

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