Kalpana Ashwinkumar PatelVsHarshad R. Patel and Ors. +3 more

Date: 28-02-2020
Business: By precipee.
Adv. Giriraj for pltff present.
Draft Notice of Motion tendered by advocate for plaintiff.
Leave granted to register.
Heard advocate for plaintiff.
Court is busy in passing judgment in Suit No. 3880/08. Hence Matter is adjd to 02.03.2020 for N/M order.
Next Purpose: ORDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None present.
ORDER ON DRAFT N/M
Heard.  Ld. counsel for plaintiff has pressed for grant of ad-interim relief.  Ld. Counsel for plaintiff submitted that deft. no.1 and 2 are the brother-in-law and deft. no.3 is mother-in-law of plaintiff.  There was dispute between the plaintiff and her deceased husband, therefore plaintiff filed case against her husband before Registry of Family Division at U.K.  The Principal Registry of Family Division passed an order dated 01.05.2013 thereby restrained Ashwin Kumar Patel from using or threatening violence against the plaintiff and also desisted him from entering matrimonial home in London.  On 13.08.2013, Ashwin Kumar expired.  After his death, deft. no.1 to 3 continued to harass the plaintiff.  The deft. no.1 to 3 colluded in usurping all the properties of late Ashwin Kumar.  Ashwin Kumar never intended to give his properties to deft. no.1 to 3. In fact he intended to give his properties to his children.   The deft. no.1 is taking advantage of this dispute and by way of false will and testament, obtained probate.  The said probate has been challenged.  There are various disputes pending between plaintiff and deft. no.1 to 3, also relating to the firm Jalay Enterprises.  The deft. no.1 to 3 are denying that the plaintiff is legal heir and wife of Ashwin Kumar Patel.  The plaintiff learnt that deceased had various properties in India particularly in the form of money in bank accounts, mutual funds and stocks.  The deceased had two accounts with deft. no.4 bearing i.e. (1) S.B. NRE A/c. No.2307103002605, 2307103002606 and (2) S.B. NRO A/c. No. 1589104020502.  The aggregate amount in both the accounts would be approximately Rs.35 Lacs.  The plaintiff was under the impression that there would be no claim to said amount by deft. no.1 to 3 and eventually, when Courts in U.K. decide the issue of probate, the plaintiff would stake to claim the same.  The plaintiff after getting information applied to deft. no.4 by letter dated 29.01.2020 calling upon them to provide details of the accounts and requested them to desist from handing over any moneys to deft. no.1. She would submit that if the amount are released and transferred to deft. no.1 to 3 who are resident of U.K., then it would create complications.
At this juncture, the plaintiff seeks ad-interim relief without giving notice to the defendants.  The counsel for plaintiff argued that if the notice is given to the defendants, then they will expedite the process of release of amount and would render the suit infructuous. The plaintiff had issued letter to deft. no.4 on 29.01.2020.  The suit was lodged on 05.02.2020 and the plaintiff pressed for the interim relief on 28.02.2020.  At this juncture, it would be proper to hear the defendants before passing any order for the reasons that there are several litigations as per the contention of the plaintiff between her and deft. no.1 to 3.  It is necessary to ascertain whether the subject accounts were subject matter of any such litigation or any right in respect of subject accounts were given by deceased in favor of any other person.  The status or details of the accounts are not available.  In these circumstances, the plaintiff has not made out   prima-facie case for grant of ex-parte injunction.  Hence, it is expedient to pass the following order.
ORDER
1. The prayer for ex-parte ad-interim injunction is rejected.
2.    Issue notice to defendants returnable on 13.03.2020.
The matter is adjd for appearance to 13.03.2020.
Next Purpose: FOR APPERANCE
Next Hearing Date: 13-03-2020

Date: 13-03-2020
Business: None present.
Exh.1 Plaint.
Exh.2 Vakalatnama.
Exh.3 Memorandum of address.
Exh.4 List of documents.
Plaintiff to take steps to register draft N/M and serve it to the defendants.
Issue writ of summons to defendants.
The matter is adjd for compliance and affidavit of service to 30.04.2020 at 02.45 pm.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 12-11-2020

Date: 12-11-2020
Business: Due to Covid-19, the matter is adjourned to 11.02.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: None present.
Plaintiff to tender registered N/M and to file affidavit of service.
The matter is adjd for compliance and affidavit of service to 25.03.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None present.
Adjourned as a last chance for filing service affidavit.
The matter is adjd for affidavit of service to 02.07.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 02-07-2021

Date: 02-07-2021
Business: 02.07.2021
SU 874/20
CORAM : HHJ SHRI K. M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
In view of office order no.120/2021 dated 27.06.2021, the matter not being urgent, is adjourned to 27.08.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: None present.
Adv.for plff is directed to take steps for registration of NM.
Matter adjd for affidavit of service on 29.11.2021.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 16-02-2022

Date: 16-02-2022
Business: None present.
Perused the record.
The ad-interim relief is refused on 02/03/2020.
Since then, nobody is attending the suit.
Plff has also failed to register draft NM inspite of specific directions.
Hence, unregistered draft NM stands dismissed.
It be only registered for statistical purpose.
Inspite of specific directions plff has not filed affidavit of service.
Hence, matter is kept on 20/04/2022 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 20-04-2022

Date: 20-04-2022
Business: None present.
Adjourned by way of last chance for dismissal.
Matter is adjd for dismissal on 12-08-2022
Next Purpose: DISMISSAL
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: Adv. Giriraj for plaintiff is present.
POA of the plaintiff Milendra kumar Patel is present.
The Plaintiff has filed an application for withdrawal t.o.r marked as Exh.5 of suit a/w Power of Attorney  t.o.r marked as Exh.6 and photocopies also adhar card of the POA and passport of the plaintiff.
                                         ORDER
Upon personal verification from the Power Of Attorney, he submitted that he does not want to proceed with the matter and want to withdraw the same unconditionally. Thus considering the submission and application Exh.5, the matter is disposed of as withdrawn.
Court fees, if any, be refunded as per rules.
Nature Of Disposal: WITHDRAWL
Disposal Date: 12-08-2022

Filing Number: 101700/2020
Filing Date: 05-02-2020
First Hearing Date: 28th February 2020
Decision Date: 12th August 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE