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NOTICE OF MOTION

Jamsetjee Jejeebhoy and Ors.VsThe Faridoon Court Co-operative Housing Society Ltd. and Ors.

CNR MHCC01001479202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 03rd May 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100563/2020
Registration Date
05 Feb 2020

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: 18-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Business: In view of extension of Lockdown period case is adjd. to 07.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2020

Date: 07-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-09-2020

Date: 10-09-2020
Business: due to covid-19
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2021

Date: 06-01-2021
Business: Adv. Mr. Parvez Rustomkhan for Plaintiff present.
Adv.Aparna Devkar for Defendant no.2 present and tendered registered Notice of Motion No.563/2020 along with affidavit in support.
None present for the other defendants.
Learned advocates for the parties submitted that there is likelihood of settlement.
By consent, matter is adjd.for reply of plff to Notice of Motion 563/2020 and for settlement 29.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None present for plff.
Adv Mr. Rajnish Dubey h/f Adv Mr. Pandey deft Nos.1,3,4,6 to 9 present.
None present for other defts.
As nobody present for plff, considering present pandemic condition, matter is adjd. for reply of plff to 19.03.2021.
Judge
L.O.
Adv Mr. Pervez M. Rustomkhan for plaintiff present and submitted that parties are trying for settlement.
Already adjd. to 19.03.2021.
Jduge
L.O. at 2.50
Adv Ms. Aparna Devkar for deft.No.2 present.
Already adjd. to 19.03.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: Adv Mr. Parvez Rustomkhan for plff present.
Adv Ms. for deft No. 2 present
None present for other defts.
Adv.for plff and deft No.2 submitted that settlement talks are in progress.
By consent, matter is adjd for NM hearing to 19.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2021

Date: 19-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Adv Mr.Rustamkhan for plff present.
Adv Mr. Dubey h/f Adv Mr. Pandey for deft No.1,3 to 9 present and filed registered NM No.1041/2021 and 1042/2021 along with affidavits in support.
Adv Ms.Aparna Devkar for deft No.2 present and submitted that there are chances of settlement.
By consent, matter is adjd. for settlement / NM reply, NM hearing to 06.10.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv Mr. Pervez Rustomkhan for plff present and seeks adjournment by submitting that draft consent terms are exchanged interse.
Adv Mr. Vashi for deft No.2 present.
None present for other defts.
Matter is adjd. for NM reply / settlement to 28.10.2021.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-12-2021

Date: 22-11-2021
Business: Trustee Mr. Wadia of the plff present and seeks adjournment by submitting that adv. for the plff is unable to attend this Court today.
Adv Ms. Aparna Devkar for deft No.2 present and seeks adjournment for filing consent  terms by submitting that matter is almost settled between the plf and deft No.2.
Adv Ms. Shobhit Shukla h/f Adv Pande present for deft.No.1,3 to 9 present.
By consent, matter is adjd. for filing consent terms and NM hearing to 16.12.2021.
Next Purpose: CONSENT TERM
Next Hearing Date: 16-12-2021

Date: 22-11-2021
Business: Trustee Mr. Wadia of the plff present and seeks adjournment by submitting that adv. for the plff is unable to attend this Court today.
Adv Ms. Aparna Devkar for deft No.2 present and seeks adjournment for filing consent  terms by submitting that matter is almost settled between the plf and deft No.2.
Adv Ms. Shobhit Shukla h/f Adv Pande present for deft.No.1,3 to 9 present.
By consent, matter is adjd. for filing consent terms and NM hearing to 16.12.2021.
Next Purpose: CONSENT TERM
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv Mr. Parvz Rustomkhan present for plff.
Adv Mr. Aparna for deft No.2 present.
None present for other defts.
Advocates for plff and deft No.2 submitted that plffs and deft No.2 are trying to settle the dispute between them.
Matter is adjd. for settlement and NM hearing to 20.01.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-03-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-03-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-03-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-03-2022

Date: 20-01-2022
Business: Court is on leave.
Next Purpose: SETTLEMENT
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Court is on Leave
Next Purpose: SETTLEMENT
Next Hearing Date: 21-04-2022

Date: 28-03-2022
Business: Court is on Leave
Next Purpose: SETTLEMENT
Next Hearing Date: 21-04-2022

Date: 28-03-2022
Business: Court is on Leave
Next Purpose: SETTLEMENT
Next Hearing Date: 21-04-2022

Date: 28-03-2022
Business: Court is on Leave
Next Purpose: SETTLEMENT
Next Hearing Date: 21-04-2022

Date: 28-03-2022
Business: Court is on Leave
Next Purpose: SETTLEMENT
Next Hearing Date: 21-04-2022

Date: 21-04-2022
Business: None present for plff.
Adv Ms. Aparna Deokar for deft No.2 present and submitted that settlement talks are in progress.
Adv Rajnish Dubey h/f Adv Pandey for deft Nos.1,3,4,6 to 9 present.
As nobody is present for plff, matter is adjd. for settlement/NM hearing to 05.07.2022.
Judge
L.O. at 3.00 p.m.
Adv Mr. Rustom Khan for plff present and filed affidavit in reply in NM No.1041/2021 and 1042/2021.
Adv Ms. Aparna Deokar for deft No.2 present
Adv Rajnish Dubey h/f Adv Pandey for deft Nos.1,3,4,6 to 9 present.
Advocates for parties now submitted that settlement is not possible hence, the date given earlier is changed and preponed by consent.
Adjd. for NM hearing to 10.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2022

Date: 10-06-2022
Business: Adv.Rustam Khan for plaintiff present.
Adv.Rajneesh Dubey for deft.No.1, 3, 4 and 6 present
Adv.Aparna Devkar for deft.No.2 present.
As Court is busy in hearing in other matters and for want of time matter is adjourned.
Matter adjd to 04.07.2022 at morning for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-07-2022

Date: 04-07-2022
Business: Adv.Rustom Khan for plaintiff present.
Adv.Aparna Devkar for deft.No.2 present.
The Ld.Adv.for the pltff submits that the draft of reply in NM No.563/20 is ready but as it is not approved he undertakes to file it on next date. Hence, adjd for filing reply in NM No.563/20. Copy of reply be served in advance.
Matter adjd to 28.07.2022 at 02.45 pm for reply in NM 563/20 and hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2022

Date: 28-07-2022
Business: Adv. P. M. Rustomkhan for plaintiff present. he filed reply in NM 563/2020 to TOR marked as  Exh.-7.
Adv.. Ashok Singh i/b A. R. Pande present.
Matter adjd to 13.09.2022  for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Adv.Pervez Rustomkhan for plaintiff present.
Adv.Pooja Pandey for deft.No.1, 3 to 9 present.
No argument of defendant No.2 in NM 563/2020.
Heard Adv.of plaintiff in NM 563/2020.
Matter adjd to 17.11.2022 for hearing of NM in 1041/21, NM 1762/19, NM 1042/21 and order in NM 563/20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022

Date: 13-09-2022
Business: Adv.Pervez Rustomkhan for plaintiff present.
Adv.Pooja Pandey for deft.No.1, 3 to 9 present.
No argument of defendant No.2 in NM 563/2020.
Heard Adv.of plaintiff in NM 563/2020.
Matter adjd to 17.11.2022 for hearing of NM in 1041/21, NM 1762/19, NM 1042/21 and order in NM 563/20.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-11-2022

Date: 17-11-2022
Business: Adv.R.M.Purohit for plaintiff present.
Adv.Deepanjali for deft.No.1, 3 to 9 present.
(As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
Matter adj. to 16.01.2023  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 17-11-2022
Business: Adv.R.M.Purohit for plaintiff present.
Adv.Deepanjali for deft.No.1, 3 to 9 present.
(As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
Matter adj. to 16.01.2023  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 17-11-2022
Business: Adv.R.M.Purohit for plaintiff present.
Adv.Deepanjali for deft.No.1, 3 to 9 present.
(As Court is busy in dictating order in Stamp No.12658/22 and order in ch/s. No.2322/18, hence, adjourned.)
Matter adj. to 16.01.2023  for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2023

Date: 16-01-2023
Business: Adv.Pervez Rustomkhan for plaintiff present.
Adv.Deepanjali for defendant Nos.1 and 3 to 9 present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 23.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 16-01-2023
Business: Adv.Pervez Rustomkhan for plaintiff present.
Adv.Deepanjali for defendant Nos.1 and 3 to 9 present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 23.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 16-01-2023
Business: Adv.Pervez Rustomkhan for plaintiff present.
Adv.Deepanjali for defendant Nos.1 and 3 to 9 present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 23.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 16-01-2023
Business: Adv.Pervez Rustomkhan for plaintiff present.
Adv.Deepanjali for defendant Nos.1 and 3 to 9 present.
(As Court is busy in dictating order in NM 06/22 in SU 1712/2022, hence, adjourned).
Matter adjd to 23.02.2023 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2023

Date: 23-02-2023
Business: Adv. Pervez Rustomkhan for plaintiff present.
Adv. Deepanjali Mishra for the defendant no.1 and 3 to 9 present.
the adv. for the plaintiff want to argue in NM 563 of 2020 on law points on request of the defendant adjured for NM hearing.
Matter adjd to 30-03-2023 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2023

Date: 30-03-2023
Business: None present for plaintiff.
Adv.Shobhit Shukla for defendant Nos.1 and 3 to 9 present.
KB
LO at 03.50 pm
Adv.Pervez Rustomkhan or plaintiff present,
Adv.Shobhit Shukla for defendant Nos.1 and 3 to 9 present.
Heard the Adv.for plaintiff in NM 563/20. No rejoinder of defendant No.2. Heard the Ld.Adv.for defendant nos.1 and 3 to 9 and plaintiff in NM 1041/21, NM 1042/21.
Matter adj. to 24.04.2023 for orders in NM 563/20, NM 1041/21 and NM 1042/21.
Next Purpose: ORDER
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: None present for both sides.
KB
LO at 04.00 pm
Adv.Rustomkhan for plaintiff present.
Adv.Deepanjali Mishra for defendant No.1, 3 to 9 present.
KB
LO at 05.55 pm
Due to paucity of time matter adjd to 03.05.2023 for order in NM\''s.
Next Purpose: ORDER
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: Adv.Rustom Khan for plaintiff present.
Adv.Ashok Singh i/b.Adv.A.R. Pande for defendant No.1 and 3 to 9 present.
KB
LO at 05.00 pm
None present for both sides.
F.R.S.R. the following order is passed.
ORDER
1. Notice of Motion No.563/2020 is allowed subject to costs of Rs.3,000/- (Rupees Three Thousand Only) to be paid to the plaintiff on or before next date.
2. The Order dated 16/01/2020 directing the suit to proceed without written statement of defendant No.2 is set aside.
3. Notice of Motion No.563/2020 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 03-05-2023

Additional Case Details

Additional Case Details
Filing Number: 101422/2020
Filing Date: 05-02-2020
First Hearing Date: 18th February 2020
Decision Date: 03rd May 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
03 May 2023

Order Details: Notice of Motion Pdf Text: 1/1 NM No.563/20 in SU 689/19 MHCC010014792020 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO.563 OF 2020 IN SUIT NO.689 OF 2019 1. Jamsetjee Jejeebhoy & Ors. … Plaintiffs. V/s. 1. The Faridoon Court Cooperative Housing Society Ltd. & Ors. … Defendants. Appearance : Adv. Mr. Pervez Rustomkhan for the plaintiff. None present for defendant No.2. Adv. Mr.Shobhit Shukla h/f.Adv.Mr.A.R. Pande for defendant Nos.1 and 3 to 9. CORAM…

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