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NOTICE OF MOTION

Sanjay Jayantibhai PatelVsNayara Energy Ltd. And Anr

CNR MHCC0100157320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 04th December 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100616/2019
Registration Date
08 Feb 2019

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: 05-03-2019
    Business: Resumed.
    Adv. Mehboob Shaikh for plaintiff tendered registered NM No. 616/2019 with affidavit.  None for defendant.
         Issue writ of summons to the defendants for settlement of issues.
    Adv. Shaikh seeks time to serve the writ of summons. Time is granted as last chance.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Adjd for report of service of summons to 11.04.2019.
    Next Purpose: REPORT
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Resumed.
    Adv. Vaibhav Singh for plaintiff and Adv. Sigrala for defendants are present.
    Exh. 6 - Affidavit of service
    Exh 7 -  Vakalatnama of Adv. Sigrala for def. No. 1. O- seen and filed.
    Exh 8 -  Vakalatnama of Adv. Sigrala for def. No. 2. O- seen and filed.
    Adv. Sigrala took out NM seeking to refer the suit to an arbitrator under section 8 of Arbitration and Conciliation Act.  Leave to register is granted.   He undertakes to serve the copies to Adv. Singh.
    Adjd for NM reply to 28.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Business: Adv. Sigarla for plaintiff present.
    Adv. Akshar Shah for defendant present and tendered registered NM no. 616/19.  TOR.
    Adjourned for NM reply to 29.7.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2019
    
    Date: 28-06-2019
    Business: Adv. Sigarla for plaintiff present.
    Adv. Akshar Shah for defendant present and tendered registered NM no. 616/19.  TOR.
    Adjourned for NM reply to 29.7.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Adv. Vaibhav Singh for plaintiff present.
    None present for defendants.
    Reply to NM No. 2341/19 filed by the plaintiff.  TOR.
    The Ld counsel for the plaintiff submitted that on previous date advocate Sigarla who was for defendant shown as counsel for the plaintiff.  He further submitted that the deft. on previous date tendered NM 2341/2019.
    Adjourned for NM hearing to 19.9.2019.
    LO
    Adv. Sigarla for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2019
    
    Date: 29-07-2019
    Business: Adv. Vaibhav Singh for plaintiff present.
    None present for defendants.
    Reply to NM No. 2341/19 filed by the plaintiff.  TOR.
    The Ld counsel for the plaintiff submitted that on previous date advocate Sigarla who was for defendant shown as counsel for the plaintiff.  He further submitted that the deft. on previous date tendered NM 2341/2019.
    Adjourned for NM hearing to 19.9.2019.
    LO
    Adv. Sigarla for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Adv. Vaibhav Singh for plaintiff present.
    Adv. Sigarla for defendant present.
    Rejoinder filed by the defendant to the reply filed by the plaintiff.
    Adjourned for hearing on NM to 13.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Vaibhav Singh for plaintiff present.
    None present for defendants to argue their NM no. 2341/19.  Adjourned as a last chance for the argument of the defendant on NM no. 2341/19 to 15.1.2020.
    LO
    Adv. Sunil Gangal for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 13-11-2019
    Business: Adv. Vaibhav Singh for plaintiff present.
    None present for defendants to argue their NM no. 2341/19.  Adjourned as a last chance for the argument of the defendant on NM no. 2341/19 to 15.1.2020.
    LO
    Adv. Sunil Gangal for defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv.Mr.Shah for plaintiff present.
    Adv.Mr.Sigarla for deft. present.
    VP filed on behalf of plaintiff. O-Seen and filed.
    Ld. Counsel for the deft submitted that the proposal is received from the plaintiff for appointment of arbitrator in this view of the matter the hearing of N/M is adjourn.
    The matter is adjd for N/M Hearing to 04.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv. Vatsal Shah for plaintiff present.
    Adv. Seegarla for deft. present.
    Ld. counsel for plaintiff and deft. submitted that they are in the process of appointment of arbitrator.  By consent, the matter is adjourned for hearing on N/M.
    The matter is adjd for N/M hearing to 10.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 04-03-2020
    Business: Adv. Vatsal Shah for plaintiff present.
    Adv. Seegarla for deft. present.
    Ld. counsel for plaintiff and deft. submitted that they are in the process of appointment of arbitrator.  By consent, the matter is adjourned for hearing on N/M.
    The matter is adjd for N/M hearing to 10.06.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: None present.
    The matter is adjd for N/M hearing to 16.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2020
    
    Date: 10-06-2020
    Business: None present.
    The matter is adjd for N/M hearing to 16.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2020
    
    Date: 16-07-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 16-07-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 22.10.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: Both the parties and adv absent.  Due to COVID 19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 04.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 28-10-2020
    Business: Both the parties are absent. Due to Covid-19, the matter is adjourned to 04.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: Adv. Vatsal Shah for plaintiff present.
    Adv. Seegarla for defts. present.
    The counsel for plaintiff has filed the application for the withdrawal of the suit.
    ORDER BELOW EXH.1 AND EXH.10
    Plaintiff is not present.  By this application, plaintiff wish to withdraw the suit on the count that the parties mutually agreed to refer the whole dispute in the suit to the arbitrator Mr. Anoshak Daver. The counsel for defendants has given no objection for withdrawal of the suit. The counsel for plaintiff along with application has annexed the copy of Adhar card of the plaintiff.  Ld. Counsel for plaintiff submitted that due to Covid-19, plaintiff is unable to attend the Court.  He through whats app video calling connected the plaintiff.  I had verified  the plaintiff through the video calling in respect of the contents of the application and he admitted that he wish to withdraw the suit. Therefore, it is expedient to pass the following order.
    ORDER
    1.     Suit is disposed of as withdrawn.
    2.     No order as to costs.
    3.     Court fees be refunded as per rules.
    4.     Pending N/M No.2341/2019 and N/M No.616/2019
    are now infructuous and therefore, disposed of accordingly.
    5.     Application (Exh.10) is disposed of accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 04-12-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 101716/2019
    Filing Date: 08-02-2019
    First Hearing Date: 05th March 2019
    Decision Date: 04th December 2020
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Dec 2020

    Order Details: Other Pdf Text: Noting : 04.12.2020 1 C. R. No. 01 04/12/2020 SU- 4569/13 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for dismissal to 09.02.2021. Judge 04/12/2020 SU- 1873/16 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd for dismissal to 09.02.2021. Judge 04/12/2020 SU- 191/17 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) None present. The matter is adjd…

    Read Full Order

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