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NOTICE OF MOTION

Vivek Banarsidas Gulati And AnrVsMr Kaizar Taher Mithaiwala

CNR MHCC0100186920192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 07th December 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100723/2019
Registration Date
20 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: 14-03-2019
    Business: None for Plaintiff.
    None for Defendant.
    Adj for service to 10.06.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv.Ms.Madhvani for Plaintiff present.
    Deft and Adv absent.
    Plff tendered original Ch/s no.368/19 and NM No.723/19 t.o.r.
    Affidavit of service filed by Plaintiff.
    NM and Ch/s not served.
    Adv for Plaintiff is directed to take steps for service of NM and Ch/s on Defendant.
    Adj for steps to 04.07.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv. Ms. P.P. Madhavani for plaintiff present.
    Application for service of notice relating to Ch/s and NM upon defendant by publication of the same in newspaper.
    Perused the report of Bailiff in relation to service of notice of Ch/s no. 368/19, as per said report premises of Defendant
    was found locked and his where about are not known.
    Therefore, notice be served upon defendant in relation to Ch/s and NM as mentioned in application by publication of the same in two Daily newspapers i.e. Free Press Journal and Janmabhumi on payment of P.F. and bearing charges by the Plaintiff.
    Matter is adjd for service on 22.08.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Madhwani for Plaintiff present.
    She submitted that D.H. has not contacted her and she is desirous to withdraw her V/n and sought adjournment.
    Adjournment is granted.
    Adj for service to 26.09.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. Madhavani for Plaintiff present.
    None for defendant
    Adv. For plaintiff wants to discharge and sought time to taking steps
    Adjd. to 17.10.2019 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Adv. Miss Madhavani for plaintiff present.
    Adv. for plaintiff sought time.
    O- Time is granted.
    Adjd. to 23.10.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: Adv. P.P. Madhavani for plaintiff present.
    None present for defendant.
    Adv. For plaintiff sought adjournment  Granted.
    Adjourned to 21.11.2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv. Lulia for plaintiff present.
    He filed affidavit about service of notice to the plaintiff about discharge and also make prayer for his discharge.
    It appears that intimation has been served upon plaintiffs / DHRs about intention of advocate on record to discharge V/N on their behalf.  In view of said fact Vakalatnama of Adv. V.T. Lulia  is hereby discharged on behalf of plaintiffs / DHRs.
    Accordingly, he stands discharge.
    Plaintiffs are directed to comply order dated 4.07.2019 in default for order.
    Adjd to 7.12.2019 for compliance in default for order.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-12-2019
    
    Date: 07-12-2019
    Business: None present.
    Decree holder/plaintiffs failed to take steps for progress and prosecution of Notice Motion No.723 of 2019 and Chamber Summons No.368 of 2019.  So, both Notice Motion No.723 of 2019 and Chamber Summons No.368 of 2019 stands dismissed in default.
    Now, Execution Application is posted for hearing.
    Adjourned of hearing to 15.01.2020.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 07-12-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102061/2019
    Filing Date: 20-02-2019
    First Hearing Date: 14th March 2019
    Decision Date: 07th December 2019
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Dec 2019
    Order Details: Other
    Pdf Text: 7.12.2019
    EA 388/16
    CS 368/19
    NM 723/19
    CORAM: H. H. J. SHRI.M.T.ASIM (CR. NO. 02)
    None present.
    Decree holder/plaintiffs failed to take steps for progress and
    prosecution of Notice Motion No.723 of 2019 and Chamber
    Summons No.368 of 2019. So, both Notice Motion No.723 of 2019
    and Chamber Summons No.368 of 2019 stands dismissed in default.
    Now, Execution Application is posted for hearing.
    Adjourned of hearing to 15.01.2020.
    Judge
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