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MISC APPLICATION

Mary L. Fernandes +1 moreVsThe Estate Officer For Air India +1 more

CNR MHCC01001737202019-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 20th February 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100025/2020
Registration Date
10 Feb 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-02-2020
    Business: Adv. Sachin Chandan for appellant is present and filed Stay application. TOR and marked as Exh.2.
    Advocate for appellant also filed affidavit of service. TOR and marked as Exh.3.
    It appears that the appellant has sent the notice to the respondent by Register Post.
    Liberty is granted to re-serve notice to respondent.
    On request of advocate for appellant, adjourned to 11.02.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: None present for parties.
    KB
    Later on
    Adv. Sachin Chandan for applicant is present.
    None present for respondent.
    At the request of advocate for applicant, adjourned to 12.02.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Adv. Sachin Chandan for applicant is present.
    None present for respondent.
    Adjourned to 13.02.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv. Sachin Chandan for applicant is present.
    Adv. Lancy Dsouza for respondent is present and seeks time to file reply on stay as well as delay applications.
    Adjourned to 18.02.2020 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Daughter of applicant is present.
    Advocate for applicant is absent.
    Adv. Lancy Dsouza a/w Adv. Deepika Agarwal for respondent is present and filed Vakalatnama and common reply to delay as well as stay application. TOR and marked as Exh.4 and Exh.5 respectively.
    Copy of reply to delay as well as stay application served to other side.
    Adjourned to 25.02.2020 for Hearing.
    Later on
    Adv. Sachin Chandan for applicant is present.
    Next Purpose: HEARING
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Himned Bobe i/b Adv. Sachin Chandan for applicant is present.
    Adv. Deepika Agarwal for respondent is present.
    At the request of advocate for applicant, adjourned to 02.03.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Mr.Deepak Prabhu for applicant is present and filed application alongwith power of attorney seeking permission for appearing for applicant. It is marked as Exh.6.
    O - Other side to say.
    Adv. Lancy Dsouza a/w Adv. Deepika Agarwal for respondent is present.
    Adjourned to 13.03.2020 for Reply on Exh.6.
    Next Purpose: REPLY
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: By precipe matter is taken on todays board.
    Applicant is present.
    Mr. Deepak Prabhu, CA of applicant is present.
    Adv. Deepika Agarwal a/w Adv. Lancy Dsouza for respondent present.
    Exh.7 Colly - Application filed by applicant alongwith compilation of copy of documents.
    Copy served to other side.
    Already adjourned to 13.03.2020 for Reply on Exh.6.
    Next Purpose: REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Mr.Deepak Prabhu for applicant is present.
    Adv. Deepika Agarwal for respondent is present and filed reply on application (Exh.6). TOR and marked as Exh.6-A.
    Advocate for respondent also filed reply on application (Exh.7). TOR and marked as Exh.7-A.
    Compilation of photocopy of documents alongwith list of documents filed by advocate for respondent. List of documents is taken on record and marked as Exh.8.
    Heard both the sides on (Exh.6)
    Order below Exh.6
    The appellant is widow 80 years old. Earlier she was represented by the advocate now she left the advocate and came with an application to allow Mr. Deepak Prabhu to plead his case who is not an advocate.
    The court can permit a person other than an advocate to plead the case therefore in above exceptional case I permit Mr. Deepak Prabhu to plead the case on behalf of appellant on a condition that he will not argue irrelevant and with understanding that court can withdraw the permission at any time.
    Written notes of arguments filed by Mr.Deepak Prabhu, authorised representative of applicant. TOR and marked as Exh.9.
    Compilation of copy of citations alongwith list of citations filed by advocate for respondent. List of citations is taken on record and marked as Exh.10.
    Heard both the sides on delay application.
    Adjourned to 20.03.2020 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present for appellant.
    Adv. Deepika Agrawal along with Lancy Dsouza for respondent present.
    Due to outburst of Covid -19 there is direction from the Honble Hight Court to take urgent matters like bail, remand work, interim injunction and stay application, hence matter is adjd. to 04.04.2020 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ORDER
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: National lockdown
    Next Purpose: HEARING
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-09-2020
    
    Date: 05-09-2020
    Business: None present for both the parties.
    Adjourned to 03.10.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Both sides absent. Due to COVID-19 adjourned to 27.10.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: Both sides absent.
    Due to COVID-19 adjourned to 27.11.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: Mr. Deepak Prabhu, CA of applicant present.
    Adv. Lancy Dsouza a/w Adv. Deepika Agrawal for respondent present.
    It is submitted that applicant has expired in Sept, 2020 and as such time is sought to bring legal heirs on record. Time is granted.
    Adjourned to 08.12.2020 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: None present for applicant.
    None present for respondent.
    Adjourned to 05.01.2021 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: Mr. Deepak Prabhu, CA for applicant is present.
    Adv. Lancy Dsouza for respondent is present.
    Applicant files application for taking legal heirs of appellant on records. TOR and marked as Exh.11.
    Copy is served on Ld. Advocate for respondent who seeks time to file reply. Time is granted.
    Adjourned to 03.02.2021 for Reply on Exh.11.
    Next Purpose: REPLY
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Mr. Deepak Prabhu, CA of applicant is present and files two Power of Attorney with regard to legal heirs of applicant. TOR and marked as Exh.12 Colly.
    Adv. Lancy Dsouza for respondent is present.
    Ld. counsel for respondent seeks time to take instruction as whether he can consider heirs of appellant on record and also application of condonation of delay so that the appeal can be expeditiously dispose off.
    Adjourned to 10.02.2021 for Reply on Exh.11 and Hearing.
    Next Purpose: REPLY
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: PRESIDING OFFICER IS ON LEAVE TODAY.
    Mr. Deepak Prabhu, CA of applicant is present.
    Adv. Lancy DSouza for respondent present.
    Adjd. to 17.02.2021 for Reply on Exh.11 and Hearing.
    Next Purpose: REPLY
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Mr. Deepak Prabhu, CA of applicant is present.
    Adv. Lancy Dsouza for respondent is present.
    Ld. counsel for respondent has no objection for taking legal heirs of the appellant on records, as such application (Exh.11) is allowed. However, it would be open for the respondent to challenge the locus of the hairs to contest the appeal. Amendment be carried out today itself and matter be argued positively on next date.
    Adjourned to 20.02.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Mr. Deepak Prabhu, CA of applicant is present.
    Adv. Lancy Dsouza for respondent is present.
    Heard both the sides.
    Applicant files written submissions. TOR and marked as Exh.13.
    F.R.S.R. Following order is passed.
    ORDER
    Misc Application No.25 of 2020 stands rejected.
    Nature Of Disposal: DISMISSED
    Disposal Date: 20-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101809/2020
    Filing Date: 07-02-2020
    First Hearing Date: 10th February 2020
    Decision Date: 20th February 2021
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1Full order available
    20 Feb 2021

    Order Details: Other Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC APPLICATION NO.25 OF 2020 Mrs.Clara L. Fernandes (Deleted), 1. Ms.Mary L. Fernandes, 2. Mr.Benedict Fernandes, ... Applicants Versus 1. The Estae Officer For Air India, 2. Air India Limited. ... Respondents CORAM: H.H.THE PRINCIPAL JUDGE S. B. AGRAWAL( C.R.No.19) DATED: 20th FEBRUARY, 2021 Adv.Mr.Deepak Prabhu, CA of Applicants, Adv. Lncy D'souza, for respondents. ORAL ORDER Delay of 2005 days in preferring an appeal…

    Read Full Order

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