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NOTICE OF MOTION

Tarun Tolaram Kapoor And OrsVsNanki Chellani And Ors

CNR MHCC01001421201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 18th March 2023

TrustJury record updated 18 Sept 2026

Case Overview

Registration Number
100543/2019
Registration Date
05 Feb 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 22-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Resumed.
Adv. Kumar Kothari for plaintiff and Adv. Kamal Sehgal for defendant are present.
Adv. Sehgal tendered registered NM NO. 543/2019 with affidavit.
Adv. Kothari seeks time to file reply to NM.  Time is granted as last chance with a direction to serve the copy in advance.
Adjd for NM reply to 13.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: None present for Plaintiff.
Advocate Mr. Kamal Sainee for Defendant no.3 present and pointed out that Plaintiff is avoiding to file reply to NM no.543/19.  Considering submissions Defendant no.3 is directed to proceed with NM hearing. It is made clear that if on said date Plaintiff will come with NM reply for giving them the fair opportunity, such a reply can be considered.
Case is adjourned to 14/08/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019

Date: 14-08-2019
Business: Matter called out (11.41am)
Adv.Jai Shah for plaintiff present filed affidavit of service of C/S No.
Plaintiff seeking time to register N/M.
Today matter received from Court Room No.09
Matter adj for compliance on 05/09/19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: Matter called out(3.15 pm)
Adv.Jai Shah for plaintiff present.
Adv. Ankita Gadkari for defendant No.1 and 2 present.
Defendant No.3 Kamal Sagal in person present.
Plaintiff undertake to supply copy of NM 3213/19 during course of day. Hence, matter adj to 01.11.2019.
Defendant is directed to serve reply in advance, so that all this application decided on next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019

Date: 05-09-2019
Business: Matter called out(3.15 pm)
Adv.Jai Shah for plaintiff present.
Adv. Ankita Gadkari for defendant No.1 and 2 present.
Defendant No.3 Kamal Sagal in person present.
Plaintiff undertake to supply copy of NM 3213/19 during course of day. Hence, matter adj to 01.11.2019.
Defendant is directed to serve reply in advance, so that all this application decided on next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: Matter called out at 3.10pm
Adv. Ankita Gadkari for legal heirs present.
Adv. Ms.Chaya for plaintiff present.
Adv.Kamal Saigal for defendant No.3 present.
Exh-6 Adv. for defendant No.3 present, he file pursis adopting reply filed in NM 3286/16. t.o.r.
Plaintiff fail to tendered registered NM 3213/ 19 on record. The reply of plaintiff to notice of Motion 543/19 is not on record. Plaintiff to take appropriate steps.
Matter is adj for NM hearing to 27.11.2019.
L.O. at 5.15pm
Adv. for plaintiff present, he filed reply to NM-543/19. Copy taken on record.
Plaintiff informed that he has already served the copy of reply to the other side.
Plaintiff tendered registered NM 3213/19 alongwith tha affidavit. t.o.r.
Matter is already adjd for hearing to 27.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019

Date: 01-11-2019
Business: Matter called out at 3.10pm
Adv. Ankita Gadkari for legal heirs present.
Adv. Ms.Chaya for plaintiff present.
Adv.Kamal Saigal for defendant No.3 present.
Exh-6 Adv. for defendant No.3 present, he file pursis adopting reply filed in NM 3286/16. t.o.r.
Plaintiff fail to tendered registered NM 3213/ 19 on record. The reply of plaintiff to notice of Motion 543/19 is not on record. Plaintiff to take appropriate steps.
Matter is adj for NM hearing to 27.11.2019.
L.O. at 5.15pm
Adv. for plaintiff present, he filed reply to NM-543/19. Copy taken on record.
Plaintiff informed that he has already served the copy of reply to the other side.
Plaintiff tendered registered NM 3213/19 alongwith tha affidavit. t.o.r.
Matter is already adjd for hearing to 27.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Matter called out(2.58pm)
None present for plaintiff.
Adv. Ankita Gadkari for legal heirs present.
Defendant no.3 in person present.(Kamal Saigal)
Matter is adj to 07/01/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020

Date: 27-11-2019
Business: Matter called out(2.58pm)
None present for plaintiff.
Adv. Ankita Gadkari for legal heirs present.
Defendant no.3 in person present.(Kamal Saigal)
Matter is adj to 07/01/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2020

Date: 07-01-2020
Business: Matter is called out at 2.52pm
Adv.Sushant Kumar Yadav i/b K Ashar and Co. for plaintiff present.
Defendant no.3 present. (Kamal Saigal)
Heard both the side on N/M No.3213/19.
Matter is adj to 08/01/2020 for N/M No.3213/19 order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-01-2020

Date: 07-01-2020
Business: Matter is called out at 2.52pm
Adv.Sushant Kumar Yadav i/b K Ashar and Co. for plaintiff present.
Defendant no.3 present. (Kamal Saigal)
Heard both the side on N/M No.3213/19.
Matter is adj to 08/01/2020 for N/M No.3213/19 order.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Matter is called out at 4.00pm
Adv.Sushant Kumar Yadav i/b K Ashar and Co. for plaintiff present.
Defendant no.3 present. (Kamal Saigal)
Matter is adj to 14/01/2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-01-2020

Date: 08-01-2020
Business: Matter is called out at 4.00pm
Adv.Sushant Kumar Yadav i/b K Ashar and Co. for plaintiff present.
Defendant no.3 present. (Kamal Saigal)
Matter is adj to 14/01/2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Matter is called out at 3.12pm
Adv.Sushant Kumar Yadav i/b K Ashar and Co. for plaintiff present.
Defendant and his advocate absent.
Matter is adj to 21/01/2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-01-2020

Date: 14-01-2020
Business: Matter is called out at 3.12pm
Adv.Sushant Kumar Yadav i/b K Ashar and Co. for plaintiff present.
Defendant and his advocate absent.
Matter is adj to 21/01/2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-01-2020

Date: 21-01-2020
Business: Matter is called out at 5.20pm
Adv.Sushant Yadav i/b Sushant Yadav i/b Kashar and Company present.
Adv.Kamal Saigal for defendant no.3 present.
F.R.S.R following order is passed on N/M No.3213/19.
ORDER
Matter is adj to 24/02/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Matter is called out at 2.56pm
Adv.Sushant Yadav i/b Kashar and Company present.
Defendant no.3 present. (Kamal Saigal)
Defendant no.1 (a) filed vakalatnama Adv.Ankita Gadkari i/b India Law Alliance.(Exh-7) T.O.R.
Plaintiff is directed to  serve the proceeding paper to the defendant no.1(a)
Matter is adj to 02/03/2020 for filing say unregistered C/S.
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Matter mention by plaintiff advocate and matter is called out at 2.51pm
Adv.Sushant Yadav for plaintiff present.
Adv.Ankita Gadkari i/b India Law Alliance for defendant no.1(a) present.
Adv. for plaintiff seeking permission for dispensing with appearance of plaintiff for re-verification and amendment.  Order- Permission granted.
Plaintiff directed to serve the newly added defendant with plaint and N/M.
Defendant may file additional written statement if, so required.
Matter is adj 09/04/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: NATIONAL LOCKDOWN.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Corona Pandemic, it seems that parties are absent hence case adjourned to 14.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 31-08-2020

Date: 31-08-2020
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: The P.O. is on leave.  Hence matter is adjourned.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None for plff.
Adv. Ms. Ankita Gadkari for Deft no. 1(a) present.
Adjd to 18.01.2021  for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Ankita Gadkari for defendant no. 1(a) present and tendered W.S. of defendant no. 1 (a) and compilation of documents.  TOR and marked at Exh. 8 and 9 respectively.  Copy kept on record for other side.
Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the party.
Adjd to 22.02.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-02-2021

Date: 22-02-2021
Business: None for plaintiff.
Adv. Ankita Gadkari for defendant no. 1(a) present and filed reply to NM No. 543/1.  Copy of NM reply kept in record.
Adjd to 06.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Court is on leave, hence, matter is adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-07-2021

Date: 13-07-2021
Business: Adv. Kavisha Shah for defendant No. 1 (a) present.
Due to COVID-19 pandemic, matter is adjourned.
Adjd for NM hearing to 09/09/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Adv.Sushant Jadhav for plff present.
Adv. Shah For deft no. 1 (a) present.
Adv. Anand Saigal for deft no. 3 present.
Court is busy in High Court time bound matter hence, matter is Adjd for.  to. 22.12.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv. For plaintiff present and stated that defendant NO. 3 informed him that defendant No. 1(b) expired
Adv. Kavisha Shah For defendant No. 1 (a)present.
Adjd for NM hearing to 15/02/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-02-2022

Date: 15-02-2022
Business: Adv. For plaintiff present.
Adv. Minal Pawar I/b India law alliance For defendant No. 1(a) present.
Defendant No. 3 present and stated that defendant No. 1b expired.
Application filed by defendant No. 3 to take on record death certificate of defendant Mr. Mahesh Arjandas Dua. T.O.R.
Adjd for taking steps/NM hearing to 21/04/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: Dt.21/04/2022
Suit 3517/09
NM 543/19
IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
Adv. Hrutvik Patil for defendant NO. 1a present.
Adjd for NM hearing to 26/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-07-2022

Date: 26-07-2022
Business: Adv. Rama Nageswaran  for plaintiff present  and filed draft C/S with supporting affidavit t.o.r. Leave is granted to register the C/S
Adv. Rutvik Patil for defendant no. 1a present.
Matter is adjd.to  26-09-2022 for  filing registered C/S
Next Purpose: FOR___________________
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: matter is adjourned to
Next Purpose: C/S REPLY
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Next Purpose: FOR___________________
Next Hearing Date: 31-01-2023

Date: 31-01-2023
Business: matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: Adv. Rama Nageshwaram for plaintiff present
 Adv. Hrutvik Patil for defendant no. 1a present.
None for other defendants
Defendant no. 3 has taken out NM No. 543/19 for rejection of the plaint, but defendant no. 3 is continuously absent for last five dates. Hence, NM No.  543/19 is dismissed in default. The proceeding of NM No.  543/19 is closed.
Matter is adjd.to  06-06-2023 for  issues.
Nature Of Disposal: OTHER
Disposal Date: 18-03-2023

Additional Case Details

Additional Case Details
Filing Number: 101340/2019
Filing Date: 05-02-2019
First Hearing Date: 22nd February 2019
Decision Date: 18th March 2023
Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
18 Mar 2023
Order Details: Other
Pdf Text: 4/1/23, 12:11 PM Case History
172.16.148.30/swecourtis/kiosk/ 1/1
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Daily Status
IN THE COURT OF :COURT 66 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100543/2019
Tarun Tolaram Kapoor And Ors Vs Nanki Chellani And Ors
Date : 18-03-2023
Business 	: Adv. Rama Nageshwaram for plaintiff present Adv. Hrutvik Patil for defendant no.
1a present. None for other defendants Defendant no. 3 has taken out NM No.
543/19 for rejection of the plaint, but defendant no. 3 is continuously absent for
last five dates. Hence, NM No. 543/19 is dismissed in default. The proceeding of
NM No. 543/19 is closed. Matter is adjd.to 06-06-2023 for issues.
Nature of Disposal 	: OTHER
Disposal Date 	: 18-03-2023
COURT 66 ADDL SESSIONS JUDGE
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