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NOTICE OF MOTION

Swadeshi Marketing And Retail Trading Co Pvt Ltd And AnrVsRanganth Anant Haridas

CNR MHCC01001149201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th June 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100461/2019
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: 08-03-2019
    Business: Adv. Hasan Present for the Plff.
    None Present for the Deft.
    Ld counsel for the plff filed registered NM 461/19 alongwith affidavit. t.o.r.
    Ld counsel for the plff sought time to file service affidavit of NM 461/19. granted.
    Adj. For Service affidavit of NM 461/19 on 23/04/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: Adv. Hasan Present for the Plff.
    None Present for the Deft.
    Ld counsel for the plff sought time to file service affidavit of NM 461/19. Granted.
    Adj. for Service affidavit of NM 461/19 on 02/08/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv. Hasan Khan for plaintiff present.
    On the request of Ld. Counsel for plaintiff time is granted to find out new address of defendants.
    Matter adjd for compliance on 18/09/2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: H.H.J. is on Leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Hasan Khan for plaintiff present.
    As Court is busy in recording evidence, NM hearing and orders this matter is adjourned.
    Matter adjd for compliance on 13/12/2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: H.H.J. is on training
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: None Present.
    Matter adj for compliance on 30/03/2020 at 02.45 pm.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-07-2020
    
    Date: 24-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-09-2020
    
    Date: 15-09-2020
    Business: None present. Due to Covid-19.
    Matter adjd for Compliance on 23-11-2020.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-01-2021
    
    Date: 30-01-2021
    Business: Adv. Leena Furtado for plaintiff present.
    Adjd for compliance to 12/04/2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-07-2021
    
    Date: 22-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Board is discharged
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Court is Vacant.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Hasan Khan for plff present.
    None for defendant.
    Adjd on 29.06.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Matter called out at 2.48 BY Praecipe
    Adv  Hassan Khan @ Adv Ashwin Sawlani for plff present.
    Adv Viraj Jadhav  for Defendant present.
    Def No.3 is present.
    Application for adv of plff to take matter on today\''s board t.o.r.
    Order- Allowed.  Adv for def tendered Vakalatnama @ Photocopy of P.O.A. t.o.r.
    K.B. L.O. at 4.52
    Heard both sides on NM.  The NM is taken out by the plff with prayer to set aside order dtd 17.11.2018 in Suit No. 6106/2007 thereby dismissing the suit in default and for restoration of the suit.  It is the case of the plff that he was infact present on 17.11.18 when the matter was called for hearing and he was ready with evidence affidavit However, as his adv could not remain present on the said date due to unavoidable circumstances and due to ignorance of the plff  of the court proceedings the suit came to be dismissed as he could not tendered evidence affidavit before the court in person.  The contentions of the plff made in affidavit in support of NM are supported by the fact that evidence affidavit of the plff is sworn on 02.11.2018 I.e before the date of dismissal of the suit.  Defs have filed their said on the NM giving their no objection for allowing the NM and restoring the suit.  Both the parites has submitted before this court that they have amicably settled dispute between them and they are ready with consent terms.  In these circumstances when plff has no doubt sufficient cause for setting aside order of dismissal of the suit it will be just and proper to allow this NM .  In the result followoing order is passed
    Order-
    1.  NM No. 461/19 is allowed.
    2.  Order dated 17.11.18 passed in Suit NO. 6106/07 is set aside and the suit is restored in the files to its original stage.
    3.  No order as to costs.
    4.  NM 461/19 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-06-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100377/2019
    Filing Date: 30-01-2019
    First Hearing Date: 08th March 2019
    Decision Date: 13th June 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    13 Jun 2022

    Order Details: Notice of Motion Pdf Text: Matter called out at 2.48 BY Praecipe Adv Hassan Khan @ Adv Ashwin Sawlani for plff present. Adv Viraj Jadhav for Defendant present. Def No.3 is present. Application for adv of plff to take matter on today&amp#039s board t.o.r. Order Allowed. Adv for def tendered Vakalatnama @ Photocopy of P.O.A. t.o.r. K.B. L.O. at 4.52 Heard both sides on NM. The NM is taken out by the plff with prayer to set aside…

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