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NOTICE OF MOTION

Bharat GarageVsIndian Oil Corp. Ltd And Anr

CNR MHCC0100112920194-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 14th February 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100446/2019
Registration Date
30 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: 14-02-2019
    Business: Adv. Sachin Mandlik for plff. present and has tendered registered N/M No.446/19 along with supporting affd. and has also filed draft NM alongwith affidavit and sought to register it. TOR. Leave granted to register it.  t.o.r
    Adv. Aditi Pathak  for D/1 present.
    Adv. for D/2 present.
    On request of Adv. for deft. Matter is adjd. to. 04.03.2019 for reply to N/M No.446/19 and draft N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: Adv. for plff. present and has tendered registered N/M No.778/19 along with supporting affd. t.o.r
    deft. and his adv. absent.
    Matter is adjd. to. 13.03.2019  for reply and hearing on N/M No.778/19 and 446/19.
    L.O at 3.45 p.m
    Adv. for plff. absent.
    Adv. Danish Chamadia I/b Udwadia and Company for deft. present.
    Matter is already adjd. to. 13.03.2019  for reply and hearing on N/M No.778/19 and 446/19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-03-2019
    
    Date: 13-03-2019
    Business: Adv. for plff. present.
    Adv. for deft. present.
    On request of Adv. for deft. Matter is adjd. to. 22.03.2019  for reply and hearing on N/M No.778/19 and 446/19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2019
    
    Date: 22-03-2019
    Business: Matter is adjd. to 04.04.2019  for Report of Service on NM No. 446/2019 and 778/2019 on D-2.
    Next Purpose: REPORT
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: plff. and his adv. absent.
    Adv. for D/2 present and has filed reply to N/M No.778/19 and N/M No.446/19 t.o.r
    Rest of the defts are absent.
    kb at 2.45 p.m
    L.O. 3.10 p.m.
    Adv. of plaintiff present.
    Adv. of D/1 present and has filed reply to N/M No.446/19 t.o.r
    Adv of D/2 present.
    Partly heard the parties, on on N/M No.778/19.
    On request of Adv. for D/1 Matter is adjd. ,to. 12.04.2019 for further hearing on N/M No.778/19 and hearing on N/m No.446/19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Adv. for plff. present.
    Adv. Aditi Pathak for D/1 present.
    Adv. for D/2 present.
    Rest of the defts are absent.
    On request of Adv. for D/1 Matter is adjd. to. 18.04.2019 for further hearing on N/M No.778/19 and hearing on N/M No.446/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2019
    
    Date: 18-04-2019
    Business: Adv. for plff. present.
    Adv. for D/1 is present and has filed addl. affd. in N/M No.778/19. Copy served on adv. of plff and D/2.
    Adv. for D/2 present.
    The adv. of D/2 submits that the D/2 shall file detail physibility report within 20 days in respect of no objection claimed by the plff in the N/M, in the light of the addl affd. filed by the D/1 today.
    The adv. of D/1 submits that after such report submitted by D/2, it will take 2 to 3 weeks for the D/1 to decide whether no objection as requested by the plff. can be granted it or not. In the aforesaid circumstances the D/1 and 2 are directed to file copies of their reports in the court and also to serve the same to the plff in advance.
    In view of this Matter is adjd. to.14.06.2019 for further hearing on N/M No.778/19 and hearing on N/M No.446/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Adv. for plff present and has filed affidavit in rejoinder in NM No.446/19 TOR.
    Adv. for deft no. 2 present and has filed application for taking on record copy of documents on behalf of the deft no. 2 in NM No. 778/19. TOR.
    Matter is adjd. to. 26/06/2019  for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: Adv. for plff present.
    Adv. for deft present.
    As court is busy in administrative work and other judicial work.
    Matter is adjd. to. 12/07/2019  for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Adv Rahul for defendant no.2 present.
    Adv Jaydeep Thakkar for plaintiff present.
    FRSR following order is passed on NM No. 778/19
    O R D E R
    1.The Notice of Motion No.778 of 2019 is hereby allowed in terms of prayer clauses (a) and (b), subject to any order passed in Suit No.7114/2006 (High Court Suit No.2874/2006).
    2.Accordingly, the Notice of Motion stands disposed off.
    Matter is adjd. to. 01/08/2019 for Hearing on NM No. 446/19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-08-2019
    
    Date: 01-08-2019
    Business: As Court is vacant hence board is dicharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-08-2019
    
    Date: 21-08-2019
    Business: court is vacant.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Court is vacant, hence board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: Court is vacant, hence board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Last chance is granted for arguments of defendants on the said N/M to 25.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv. Sachin Mandlik for plff present.
    Adv. Chirag Modi for deft no. 1 present.
    Adv. Rahul Thorawade for deft no.2 present.
    Heard rival submissions on N/M No.446/19.
    Adjd for Order on said N/M to 03.12.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Adv.Namita Shirke  for plff present.
    Adv.Kirti Oza for D/1 present. .
    Adv.Rahul Thowade for D/2 present.
    Since court is busy other matter, adjd for N.M order to 12.12.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: None for plff.
    Adv. Kirti Oza for deft no.1 present.
    None for deft no.2.
    Since P.O is under transfer, adjd for N/M Hearing to 20.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2020
    
    Date: 03-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv.  Mandlik for plaintiff present.
    Adv.  Modi for defendant no. 1 present.
    Adv.  Thoravade for defendant no. 2 present.
    Heard both sides on NM NO. 446/19.
    Adjd to 14-02-2020  for NO. 446/19 NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: None for plaintiff.
    Adv. Kirti Oza  for defendant present.
    LO
    Adv. Hemlata Kadam   for Plaintiff present.
    F.R.S.R. following order on N/M No. 446/19  is passed -
    Order -
    1. Notice of Motion No. 446 of 2019 is partly allowed.
    2. Prayer clause (b) in the Notice of Motion No. 446 of 2019 is rejected.
    3. Prayer clause (c) of the Notice of Motion No. 446 of 2019 is granted.
    4. Costs in cause.
    Adjd to  13-03-2020 for R/E (Cross examination of PW - 1)
    Nature Of Disposal: OTHER
    Disposal Date: 14-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101240/2019
    Filing Date: 30-01-2019
    First Hearing Date: 14th February 2019
    Decision Date: 14th February 2020
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 NM no. 446-19 in S.C.SUIT no.7114-06 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION NO. 446 OF 2019 (CNR no. MHCC01-001129-2019) IN SHORT CAUSE SUIT NO. 7114 OF 2006 (CNR no. MHCC01-010218-2006) HIGH COURT SUIT NO. 2874 OF 2006 Bharat Garage a duly registered partnership Firm having its office at 651, Chirag Nagar, L.B.S. Marg, Ghatkopar (W), Mumbai – 400 086. ] ] ] ]... Plaintiff Versus…

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