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NOTICE OF MOTION

Nandu Vasant MeghjiVsShagun Constructions and Ors.

CNR MHCC0100129320203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 20th April 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100494/2020
Registration Date
31 Jan 2020

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: 31-01-2020
    Business: Adv. Desai for plaintiff present and filed original NM no. 494/20 along with affidavit.
    None present for defendant.
    Ld. counsel for plaintiff submitted that short adjournment may be granted on hearing on NM. Time granted.
    Matter stands Adj for hearing on Nm to 13.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv. Giriraj for plaintiff present and he pressed for passing urgent interim order protecting the interest of the plaintiff.
    None present for defendant.
    Hence, Matter stands Adj for hearing on NM to 27.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for hearing on NM to 10.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Advocate Giriraj for plaintiff present and submits that NM can be heard along with suit.
    In view of submissions motion be heard along with suit.
    None for defendant.
    Advocate for Plaintiff sought time to see whether defendants 2 and 3 are served.
    The case is adjourned to 17.03.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: Plaintiff present.
    Advocate Giriraj for plaintiff present and seeks time to file affidavit of service in respect of defendants 2 and 3.
    Time is granted.
    Advocate C.D\''souza for defendant no. 1 present.
    The case is adjourned to 26.04.2021 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Adjourned due to COVID-19 pandemic.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: Court is vacant
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Giriraj for plaintiff present.
    He tendered affidavit of service. TOR. Exh.5
    O-Seen and filed.
    Plaintiff is directed to serve through postal acknowledgement.
    Matter stands adjourned to 10.12.2021 for affidavit of service.
    Adv. C D\''souza for Deft. No.1 present.
    Matter already adjourned to 10.12.2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-12-2021
    
    Date: 10-12-2021
    Business: Matter called out at 3.09 p.m.
    Plaintiff in person present.  He is seeking time to file service affidavit, with respect to Deft. No.2 and 3.
    It appears though NM No.494/20 was directed to be heard alongwith the suit, but plaintiff failed to tender registered NM.
    Plaintiff is directed to tender the NM on or before next date.
    In the event of failure, NM will be dismissed for non-prosecution.
    Adv. C. Dsouza for Deft. No.1 present.
    Matter stands adjourned to 25.02.2022 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Matter called out at 12.07 p.m.
    Adv. Giriraj for plaintiff present. He tendered additional affidavit of service with respect service of plaintiff and proceedings upon Deft. no.2 and Deft. no.3. TOR. Exh.5.
    It show the acknowledgment signed by Deft., No.2
    The address of Deft. No.2 and 3 is same. Hence, Deft. No.2 and 3 are served.
    Plaintiff tendered application for reconstruction of NM No.494/20. TOR. Exh.6.
    O-allowed.
    Put up for issues.
    Matter stands adjourned to 18.06.2022 for Issues.
    Later on at 3.40 p.m.
    Adv. C. Dsouza for Deft. No.1 present.
    Already adjourned to 18.06.2022.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Adv. Giriraj for plaintiff present. He tendered draft issues. TOR.
    Adv. Nagvadaria for Deft. no.1 present.
    Matter stands adjourned to 29.07.2022 for draft issues by
    defendant.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Adv. Giriraj for plaintiff present.
    Adv. C. Dsouza for Deft. no.1 present.
    It seems that not WS is filed by defendants yet. Hence, matter put up for Evidence without WS.
    Matter stands adjourned to 07.09.2022 for evidence/hearing without
    WS.
    Next Purpose: HEARING WITHOUT WRITTEN STATEMENT
    Next Hearing Date: 07-09-2022
    
    Date: 07-09-2022
    Business: Adv. Giriraj for plaintiff present.
    Adv. C DSouza for Deft. no.1 present. He tendered draft NM a/w affidavit in support.
    O-Leave granted to register.
    Draft NM handed over to the Deft for registration.
    Heard both the sides on draft NM.
    Draft NM registered as NM No.3267/2022.
    Following F.R.S.R. order is passed in NM No.3267 of 2022.
    ORDER
    1.Notice of Motion No.3267 of 2022 in Suit No.1358/2019, is hereby allowed subject to costs of Rs.3,000/- (Rupees Three Thousand only)
    2.Delay stands condoned.
    3.Written Statement be taken on record after the payment of costs.
    4.Notice of Motion No.3267 of 2022 is disposed of accordingly
    Cost received by the plaintiff.
    He tendered WS. TOR. Exh.07.
    Matter stands adjourned to 14.11.2022 for issues.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv. Mansi Shah for plaintiff present.
    Adv. C. DSouza for Deft. no.1 present. He tendered draft issues. TOR.
    Put up for NM hearing.
    Matter stands adjourned to 20.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2023
    
    Date: 20-01-2023
    
    Date: 24-03-2023
    Business: Plaintiff a/w Adv. Mansi Shah present.
    Adv. C. DSouza for defendant No.1 present.
    As per roznama dated 10.02.2021 the advocate of plaintiff submitted that the motion can be heard along with the suit, the advocate is seeking adjournment. O-Granted.
    Matter stands adjourned on 28.06.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2023
    
    Date: 28-06-2023
    Business: Adv Arvind Giriraj for Plaintiff present.
    Adv C. DSouza for defendant no.1  present and seeks time for argue the NM. Time granted.
    Matter stands adjourned on 01-09-2023 for NM  hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv Arvind Giriraj for Plaintiff present.
    Adv D\''suza for defendant no.1 present and seeks time. O- Time granted.
    Matter stands adjourned on 08-11-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2023
    
    Date: 08-11-2023
    Business: PO is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2024
    
    Date: 13-03-2024
    Business: Adv. Giriraj for Plaintiff present.
    Adv. Ashutosh along with Prajyot Pansare for defendant no. 1 present.
    Matter stands adjourned on 12-04-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: Adv. A. Giriraj for Plaintiff present.
    Adv. Ashutosh Kaushik for defendant no. 1 present.
    Heard arguments of Ld. Adv. for plaintiff and Ld. Adv. for defendant no. 1.
    Matter stands adjourned on 20-04-2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: Brother of Plaintiff present.
    Adv. C Dsouza  for defendant no. 1 present.
    F.R.S.R following order is passed on Notice of Motion No. 494 of 2020.
    Order
    1.Notice of Motion No. 494 of 2020 is partly allowed in terms of prayer clause (a) only.
    2. Costs in cause.
    3. Notice of Motion No. 494 of 2020 is disposed of accordingly.
    Matter stands adjourned on 14-06-2024 for framing issues.
    Nature Of Disposal: OTHER
    Disposal Date: 20-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 101420/2020
    Filing Date: 31-01-2020
    First Hearing Date: 31st January 2020
    Decision Date: 20th April 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Apr 2024

    Order Details: Notice of Motion Pdf Text: ..1.. NM No.494-20 Suit 1358-19 MHCC010012932020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO. 494 OF 2020 IN S. C. SUIT NO. 1358 OF 2019 Nandu Vasant Meghji ] Age: 46 years, Indian Inhabitant, ] having address at Shop No.24, 2nd ] Floor, 20/22, Kemraj Building No.5, ] Khambhatta Lane, Khetwadi, ] Mumbai-400 004. ] .. Plaintiff. Versus 1. Shagun Constructions ] having address at 202-203, Krishvi] heights,…

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