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NOTICE OF MOTION

Mrs. Aparna Gautam SabnisVsMr. Vijay Keshav Sabnis and Ors.

CNR MHCC01001303202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st April 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100502/2020
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: 06-02-2020
    Business: Advocate D. C. Pathak for Plaintiff present and filed registered Notice of Motion no.502/2020 with affidavit in support, t.o.r.
    Advocate Rushabh Seth for Defendant no.1 and 2 present and filed reply to Notice of Motion no.502/2020, t.o.r.
    Court is busy in hearing and dictating order on Notice of Motion in suit nos.1143/19, 1354/15 and hearing urgent matters, hence case is adjourned to 18/03/2020.
    Earlier order to continue till next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Adv. Sanjay Prabhala present for Plaintiff.
    Adv. Relekar present for Defendant  No.1.
    In view of circular of Hon\''ble Principal Judge in respect of Corona Virus, only urgent matters are to be heard.
    Earlier order to continue till next date.
    Case is adjourned to 29/06/2020 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Business: Du to corona pandemic and national lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 29-06-2020
    Business: Du to corona pandemic and national lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 04/01/2021 for NM Reply Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: None present for Plaintiff/s.
    None present for defendant/s.
    As nobody present for both the parties, matter is adjourned for reply to  Notice of Motion No.502/2020 to 01.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2021
    
    Date: 04-01-2021
    Business: None present for Plaintiff/s.
    None present for defendant/s.
    As nobody present for both the parties, matter is adjourned for reply to  Notice of Motion No.502/2020 to 01.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: None present for both the parties.
    Considering the present Pandemic Condition matter adjourned at same stage beyond Summer vacation.
    Matter is adjd. for NM reply to 18.06.2021.
    Judge
    LO at 4.20 p.m.
    Advocate Pathak for plaintiff present and seeks adjournment.
    Already adjourned to 18.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2021
    
    Date: 24-08-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv Mr. Talashilkar for plff present.
    None present for deft.
    Defts have already filed reply to NM No.502/2020 however, nobody is present for defts today to argue said NM.  Adv for the plff requested to continue the earlier interim order.
    As nobody is present for the deft and as earlier interim order is on the basis of statement made by the adv. for deft Nos.1 and 2 on 30.01.2020, earlier interim order to continue till next date.
    Matter is adjd. for NM hearing to 07.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Mr. Prabhala h/f Adv Mr. Pathak present for plff.
    None present for deft.
    Considering the present pandemic condition, matter is adjd. at same stage till next date as nobody is present for the defts.
    Earlier interim order to continue till next date.
    Matter is adjd. for NM hearing to 17.03.2022.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv Mr. Pathak present for plff.
    None present for defts.
    As nobody is present for the deft, matter is adjd. for NM hearing with direction that earlier interim order dt.30.01.2020 to continue till next date.
    Matter is adjd. for NM hearing to 22.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2022
    
    Date: 22-06-2022
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv.Sanjay Prabala for plaintiff present. He requested for adjournment. None present for defts., hence, adjd. granted.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 14.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2022
    
    Date: 05-08-2022
    Business: Adv.Sanjay Prabala for plaintiff present. He requested for adjournment. None present for defts., hence, adjd. granted.
    Earlier order of interim relief if any to continue till next date.
    Matter adjd to 14.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Adv.Sanjay Prabhala for plaintiff present.
    None present for deft.
    Earlier order of interim relief if any to continue till next date.
    As Court is busy in dictating order in NM 2274/22 and other matter, hence, adjourned to 17.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2022
    
    Date: 14-10-2022
    Business: Adv.Sanjay Prabhala for plaintiff present.
    None present for deft.
    Earlier order of interim relief if any to continue till next date.
    As Court is busy in dictating order in NM 2274/22 and other matter, hence, adjourned to 17.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: Adv. Dhananjay Pathak for plaintiff present.
    None present for Defendant.
    Earlier order if any to continue till next date.
    On oral request of the plaintiff adj. to 02.02.2023  for NM hearing.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: Adv.Shekhar Talasare h/f.Adv.Dhananjay Pathak for plaintiff present.
    Adv.S.S.Redekar present and filed vakalatnama on behalf of deft.No.1 and 2. TOR and marked as Exh.4.
    KB
    LO at 04.05 pm
    Adv.Dhananjay Pathak for plaintiff present.
    Adv.S.S.Redekar for defendant Nos.1 and 2 present.
    Earlier order of interim relief if any to continue till next date.
    By consent matter adjd to 24.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2023
    
    Date: 02-02-2023
    Business: Adv.Shekhar Talasare h/f.Adv.Dhananjay Pathak for plaintiff present.
    Adv.S.S.Redekar present and filed vakalatnama on behalf of deft.No.1 and 2. TOR and marked as Exh.4.
    KB
    LO at 04.05 pm
    Adv.Dhananjay Pathak for plaintiff present.
    Adv.S.S.Redekar for defendant Nos.1 and 2 present.
    Earlier order of interim relief if any to continue till next date.
    By consent matter adjd to 24.02.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: Adv. Sanjay Prabhala h/f Adv. Dhananjay Patik for plaintiff present.
    Adv. S.S. Redekar for deft. no. 1 and 2 present.
    Earlier order of interim relief if any to continue till next date.
    KB
    L.O 5.46 p.m
    Adv. Sanjay Prabhala h/f Adv. Dhananjay Patik for plaintiff present.
    Adv. S.S. Redekar for deft. no. 1 and 2 present.
    Adv. for plaintiff filed written argument t.o.r. and marked as Exh.5
    Adv. for defendant received a copy of the same.
    Matter adj. to 01-03-2023 at 12.00 noon for argument.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2023
    
    Date: 01-03-2023
    Business: Adv.S.S.Redekar for defendant No.1 and 2 present. Matter is fixed in morning session. The plaintiff is absent, hence, kb.
    LO at 12.45 pm
    Plaintiff and his Adv. absent.
    Adv.S.S.Redekar for defendant No.1 and 2 present. The plaintiff has already filed written notes of argument. No oral submissions of plaintiff.
    Heard Adv.Redekar for defendant No.1 and 2 in NM 502/20. No rejoinder argument of the plaintiff.
    Matter adj. to 21.03.2023 for NM order.
    Judge
    LO at 02.45 pm
    Adv.Sanjay Prabhala h/f.Adv.D.C.Pathak for plaintiff present.
    Matter adj. to 21.03.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-03-2023
    
    Date: 01-03-2023
    Business: Adv.S.S.Redekar for defendant No.1 and 2 present. Matter is fixed in morning session. The plaintiff is absent, hence, kb.
    LO at 12.45 pm
    Plaintiff and his Adv. absent.
    Adv.S.S.Redekar for defendant No.1 and 2 present. The plaintiff has already filed written notes of argument. No oral submissions of plaintiff.
    Heard Adv.Redekar for defendant No.1 and 2 in NM 502/20. No rejoinder argument of the plaintiff.
    Matter adj. to 21.03.2023 for NM order.
    Judge
    LO at 02.45 pm
    Adv.Sanjay Prabhala h/f.Adv.D.C.Pathak for plaintiff present.
    Matter adj. to 21.03.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: Adv.Sanjay Prabhala h/f.Adv.Dhananjay Pathak for plaintiff present.
    Defendant No.1 present.
    KB
    LO at 04.55 pm
    Defendant No.1 present.
    Adv. Redekar for defendant Nos.1 and 2 present.
    As Court is busy in hearing in NM 2539/19, hence, adjourned.
    Matter adjd to 31.03.2023 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: Adv.Sanjay Prabhala h/f.Adv.D.C. Pathak for plaintiff present.
    Adv.Redekar for defendant Nos.1 and 2 present.
    KB
    LO at 05.10 pm
    Adv.Sanjay Prabhala h/f.Adv.D.C. Pathak for plaintiff present.
    Adv.Redekar for defendant Nos.1 and 2 present.
    Adv. for plaintiff filed pursis stating that plaintiff is not seeking any relief against defendant Nos.3 and 4. TOR and marked as Exh.6.
    Matter adjd to 01.04.2023 for order in NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Adv.Sanjay Prabhala h/f.Adv.Dhananjay Pathak for plaintiff present.
    Adv.Jokhande h/f.Adv.Redekar for defendants present.
    KB
    LO at 05.15 pm
    F.R.S.R. the following order is passed.
    ORDER
    1. Notice of Motion No.502/2020 is dismissed for the relief of interim injunction, appointment of court receiver and appointment of Court Commissioner.
    2. Relief sought in the notice of motion for leave under Order-2, Rule-2 of the Code of Civil Procedure is allowed. The leave is granted accordingly.
    3. Costs shall follow the event.
    4. Notice of Motion No.502/2020 is disposed of accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 101441/2020
    Filing Date: 31-01-2020
    First Hearing Date: 06th February 2020
    Decision Date: 01st April 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Apr 2023

    Order Details: Notice of Motion Pdf Text: 1 NM 502/2020 MHCC010013032020 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 502 OF 2020 IN SUIT NO. 138 OF 2020 Mrs. Aparna Gautam Sabnis ...Plaintiff Vs. 1. Mr. Vijay Keshav Sabnis & Ors. ...Defendants Appearance : Adv. Mr. Dhananjay Pathak & Mr. Sanjay Prabhala for the plaintiff. Adv. Mr. S.S. Redekar for defendant Nos.1 and 2. CORAM : HHJ Rajesh A. Sasne (C.R.NO.62) Date: 1st April, 2023 O…

    Read Full Order

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