NOTICE OF MOTION
1a. Smt. Lata Bhupendra Shah and Ors.VsMr. Sailesh Dhirajlal Shah and Ors.
CNR MHCC01001234201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th September 2022
TrustJury record updated 17 Sept 2026
Case Overview
- Registration Number
- 100491/2019
- Registration Date
- 01 Feb 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 21-02-2019
Business: Resumed.
Adv. Saxena for plaintiff and Adv. Tambe for defendant no. 1 to 5 are present.
Adv. Tambe tendered registered NM No. 491/2019 with affidavit. TOR.
Adv. Saxena filed reply to NM No. 3584/2018 and 491/2019. Copy served on defendants.
Adjd for NM arguments to 16.04.2019.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Matter not traceable.
Advocate Ms. Naina Desai for Plaintiff present
None present for Defendant.
Case is adjourned to 19/06/2019 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-06-2019
Date: 16-04-2019
Business: Matter not traceable.
Advocate Ms. Naina Desai for Plaintiff present
None present for Defendant.
Case is adjourned to 19/06/2019 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-06-2019
Date: 16-04-2019
Business: Matter not traceable.
Advocate Ms. Naina Desai for Plaintiff present
None present for Defendant.
Case is adjourned to 19/06/2019 for NM hearing.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-06-2019
Date: 19-06-2019
Business: Advocate Ms. Sapna for Plaintiff present
Advocate Modi for Defendant present
Case is adjourned to 22/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: Court is busy in hearing NM in suit no.4935/12 and court has to dictate order on NM in suit no.2447/18, case is adjourned to 14/11/2019.
Advocate Jain for Plaintiff present
Advocate Priti Rawat for Defendants present and filed affidavit in rejoinder to NM no.491/19, t.o.r. He also filed affidavit for dismissal of the suit, t.o.r. O-Other side to say.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-11-2019
Date: 14-11-2019
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-01-2020
Date: 23-01-2020
Business: Advocate Naina Desair for Plaintiff present
Advocate Snehal Moli for Defendant present
Court is busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as court has to hear urgent matters, case is adjourned to 26/03/2020.
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: 26-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020
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: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020
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
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Business: National Lock down
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020
Date: 18-04-2020
Business: 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: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2020
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
Business: Due to lock down case is adjd. to 11.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 11-08-2020
Business: Adjd. to 29.09.2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 29-09-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 21.12.2020 for compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2020
Date: 21-12-2020
Business: The P.O. is on leave. Hence board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-02-2021
Date: 18-02-2021
Business: Adv Ms. Desai for plff present.
None present for deft.
AS nobody is present for deft, both pending NM of the defts be kept for dismissal order on next date.
Matter is adjd. for NM dismissal to 24.03.2021.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-04-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-04-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-04-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-07-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-07-2021
Date: 29-04-2021
Business: Due to Covid matter is adjd.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 27-07-2021
Date: 27-07-2021
Business: None present for plff.
Adv Ms.Snehal Modi for deft No.1 to 5 present and submitted that she could not attend the Court on 18.02.2021 due to personal difficulties. She requested to remove the matter from NM dismissal order by submitting that she is ready to argue both NM even today also.
As nobody is present for the plff when called and as ld. Adv for the deft No.1 to 5 is ready to argue both pending NM, to protect the interest of justice, the matter be removed from NM dismissal caption.
As nobody is present for plff, considering the present pandemic condition, matter be kept for NM hearing to 23.09.2021.
Judge
L.O.at 12 noon.
Adv Ms. Naina Desai i/b Udayan Jain for plff present.
Already adjd. to 23.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2021
Date: 23-09-2021
Business: Adv Udayan Jain for plff present.
Adv Smt. Modi for deft nos.1 to 5 present.
Heard argument of advocate for plaintiff and defendant Nos.1 to 5 in NM No.3584 of 2018.
Matter is adjd. for Order in NM No.3584 of 2018 and for hearing in other two NM to 07.10.2021.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2021
Date: 07-10-2021
Business: Plff No.4 present. Adv Ms. Akshita Jain for plffs present and filed draft NM along with affidavit in support for appointment of Court Receiver, interim injunction and other interim reliefs. O-Leave to register is granted with direction to serve the deft.
None present for deft.
K.B. for order.
L.O. court is busy in other matters hence, for want of time, this matter is adjd. for order.
Matter is adjd. for order to 14.10.2021.
Next Purpose: ORDER
Next Hearing Date: 14-10-2021
Date: 14-10-2021
Business: Adv Ms. Desai present for plff. and tendered registered NM No.2388/2021 along with affidavit in support.
Adv Mr. Rawat present for deft. Nos.1 to 5 and seeks time to file reply to NM No.2388/2021.
F.R.S.R. following orer is passed in N.M.No.3584/2018.
ORDER
Notice of Motion No.3584 of 2018 is dismissed.
-----
By consent, matter is adjd. for NM reply and hearing to 25.11.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021
Date: 25-11-2021
Business: court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2022
Date: 13-01-2022
Business: Due to Covid-19, matter is adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2022
Date: 23-03-2022
Business: Adv Mr. Udayan Jain present for plff.
Adv Mr. Pradip More for deft Nos.1 to 5 present and filed reply to NM No.2388/2021. He seeks adjournment.
By consent, matter is adjd. for NM hearing to 27.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2022
Date: 27-06-2022
Business: Adv.Ms.Arora for plaintiff present.
Adv.Snehal Modi for defendant No.1 to 4 present.
As Court is busy in final argument in SU 4904/2008, hence, matter is adjourned.
Matter adjd to 18.08.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: None present for plaintiff.
Adv.Snehal Modi for deft.No.1 to 5 present.
Heard Adv.of deft.No.1 to 5 in NM No.491/19.
KB
LO at 02.55 pm
Adv.Anokhi Arora for plaintiff present. She filed rejoinder in NM 2388/21 t.o.r. and marked as Exh.5.
KB
LO at 04.15 pm
Adv.Anokhi Arora for plaintiff present. She orally requested time for argument in NM 491/19.
Matter adjd to 29.09.2022 for NM argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022
Date: 18-08-2022
Business: None present for plaintiff.
Adv.Snehal Modi for deft.No.1 to 5 present.
Heard Adv.of deft.No.1 to 5 in NM No.491/19.
KB
LO at 02.55 pm
Adv.Anokhi Arora for plaintiff present. She filed rejoinder in NM 2388/21 t.o.r. and marked as Exh.5.
KB
LO at 04.15 pm
Adv.Anokhi Arora for plaintiff present. She orally requested time for argument in NM 491/19.
Matter adjd to 29.09.2022 for NM argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022
Date: 18-08-2022
Business: None present for plaintiff.
Adv.Snehal Modi for deft.No.1 to 5 present.
Heard Adv.of deft.No.1 to 5 in NM No.491/19.
KB
LO at 02.55 pm
Adv.Anokhi Arora for plaintiff present. She filed rejoinder in NM 2388/21 t.o.r. and marked as Exh.5.
KB
LO at 04.15 pm
Adv.Anokhi Arora for plaintiff present. She orally requested time for argument in NM 491/19.
Matter adjd to 29.09.2022 for NM argument.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-09-2022
Date: 29-09-2022
Business: Advocate Mayank Pandya for plaintiffs present.
Advocate Pradeep More for defendant present.
Heard arguments of advocate for plaintiff on NM No.491.
Following order passed on NM No.491/19
Read the affidavit in support of motion and reply of the plaintiff. Gone through the judgment in W.P. No.44/09. Considering the reasons stated in the motion there appears to be delay of 145 days. Considering the reasons stated and in the interest of justice delay in filing W.S. is condoned subject to costs of Rs.2,000/-. Cost shall be paid to the plaintiff. The defendants are allowed to file W.S. NM No.491/19 is disposed of accordingly.
Matter adjd to 24.11.2022 for NM hearing.
Nature Of Disposal: ALLOWED
Disposal Date: 29-09-2022Additional Case Details
Additional Case Details
Filing Number: 101368/2019 Filing Date: 01-02-2019 First Hearing Date: 21st February 2019 Decision Date: 29th September 2022 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 129 Sept 2022
29 Sept 2022
Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0100491/2019 1a. Smt. Lata Bhupendra Shah and Ors. Vs 1. Mr. Sailesh Dhirajlal Shah and Ors. Date : 29-09-2022 Business : Advocate Mayank Pandya for plaintiffs present. Advocate Pradeep More for defendant present. Heard arguments of advocate for plaintiff on NM No.491. Following order passed on NM No.491/19 Read the affidavit in support of motion and reply of the plaintiff. Gone through the judgment in W.P. No.44/09. Considering the reasons stated in the motion there appears to be delay of 145 days. Considering the reasons stated and in the interest of justice delay in filing W.S. is condoned subject to costs of Rs.2,000/-. Cost shall be paid to the plaintiff. The defendants are allowed to file W.S. NM No.491/19 is disposed of accordingly. -- 1 of 1 --
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.