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NOTICE OF MOTION

M/s. Hoo Agro ProcessVsM/s. R.B. Dande and Associates +1 more

CNR MHCC01001444201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 12th August 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100557/2019
Registration Date
06 Feb 2019

Advocates

2

For Petitioner

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 13-02-2019
Business: Adv for plff.Ms.MeghaKeluskar present
Adv for deft Mr.Pawan Tiwari present
Adv for deft tendered registered N/M
Adv for plff filed reply to N/M
Adv for deft stated that he received copy of reply
Matter is Adjd for N/M 557/19 Hearing on 20/03/2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2019

Date: 25-09-2019
Business: Adv.Ms.Keluskar for plaintiff present.
None for defendant present.
Matter adjd for NM hearing to 22.11.2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: None present.
Matter adj for N/M Hearing to 08/01/2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Adv. Ms. Keluskar for plaintiff present and submitted that the deft. is not proceeding with his NM since long.
None for defendant.
Adjd. for NM hearing to 24/2/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Megha Kelushakar for plff. Present.
Adv. For deft. Absent.
Argument heard of plaintiff.
Matter is adjd to 07.03.2020 for N/M Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 07-03-2020

Date: 07-03-2020
Business: Both parties and his advocate are absent.
Matter is adjd to 03.04.2020 for N/M Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Business: Due to Covid 19 Lockdown
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: Due to Covid-19 lockdown
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: National Lock Down
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-09-2020

Date: 15-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 26.02.2021 for NM for Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: P.O. is on leave.
Matter is adjd to 21.04.2021 for N/M Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Business: Due to Covid-19 pandemic.
Matter is adjd to 08/07/2021 for N/M for Dismissal
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 03.09.2021 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Court is Vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Court is vacant
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: None present.
Matter is adjd for NM for dismissal to 18.02.2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-02-2022

Date: 18-02-2022
Business: Adv Megha Keluskar for plaintiff present
None for defendant.
It is prayed by the adv for plaintiff that the defendant is not appearing in the matter since long hence NM may be dismissed. O- Put for necessary order on next date.
Matter is adjd for necessary order on 06-04-2022
Next Purpose: ORDER
Next Hearing Date: 06-04-2022

Date: 06-04-2022
Business: PO is on training.  Matter adj. to
Next Purpose: ORDER
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. Mr. Deepak Sharma for Plaintiff present.
None for Defendant.
It appears that Defendant since long time has not turned up to this court to proceed in the NM No. 557/2019 filed by him.  Admittedly, in this meantime there was pandemic and hence court was not fully functional.  In the interest of justice issue notice to the Defendant to appear in the matter on Court Motion.  It is needless to mention that failure of Defendant to appear and proceed in the matter as per law, would entail Ex-parte proceedings.
Matter adjourned to 08/07/2022 for Order.
Next Purpose: ORDER
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv. Ms. Megha Keluskar for Plaintiff present and submits that the Defendant has taken out the NM No. 557/2019 for setting aside Ex-parte Order.  Plaintiff has filed a reply on 13/02/2019.  However, Defendant is consistently absent and therefore matter is stalled.  She prays for dismissing the NM in default.
This court on last date i.e. on 06/06/2022 had directed the Defendant to workout the NM else suit would proceed Ex-parte.  Still Defendant is absent.  Rejecting the NM in default would be harsh order against Defendant.  Therefore, in the interest of justice, as a last chance, matter adjourned to 12/08/2022 for NM Hearing/Order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Deepak Sharma a/w. Adv. Chaitanya Purankar i/b. DMS Legal for Plaintiff present.
None for Defendant.
FRSR following order is passed-
                          ORDER
1.  Notice of motion no.557/2019 is allowed subject to cost of Rs.500/-.
2.  Cost to be paid to the DLSA,  Mumbai, within four weeks from date of this order.
3.  On depositing the cost, the appearance of defendants be taken on record.
4.  If defendant comply the above condition, plaintiff would be at liberty to take proper steps to proceed in the matter.
5.  Cost in cause.
6.  Notice of Motion No.557 of 2019 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 12-08-2022

Additional Case Details

Additional Case Details
Filing Number: 101612/2019
Filing Date: 06-02-2019
First Hearing Date: 13th February 2019
Decision Date: 12th August 2022
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
12 Aug 2022

Order Details: Notice of Motion Pdf Text: 1 MHCC010014442019 IN THE COURT OF JUDGE CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION NO.557 OF 2019 IN SUMMARY SUIT NO.221 OF 2018 M/s. Hoo Agro Process ...Plaintiff Versus M/s. R.B.Dande & Associates ...Defendants & Anr. Appearance : Ld. Adv. Deepak Sharma for plaintiff. Defendants absent. CORAM : DR. S. D. TAWSHIKAR C. R. NO. : 61 DATE : 12/08/2022. ORDER The present Notice of Motion is taken out by defendants…

Read Full Order

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