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NOTICE OF MOTION

Rusi N. Bharucha and Ors.VsMr. Kaikhushroo Minoo Master and Anr.

CNR MHCC01002026202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd September 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100743/2020
Registration Date
17 Feb 2020

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: 17-02-2020
    Business: Advocate Mr. B. K. Bali for Plaintiff present and took out draft Notice of Motion with affidavit in support of Notice of Motion for setting aside no cross order dated 23/01/2019 passed against Plaintiff.   Leave to register Notice of Motion is granted.  Copy of Notice of Motion be served upon other side.
    Advocate Mr. Shroff for Defendant no.1 present
    K.B. at 5.00 p.m. for filing NM reply.  Meanwhile, Plaintiff is directed to register NM on  today itself. Defendant\''s adv submitted that copy of draft NM is received by him.
    L.O. at 5.25 p.m.
    Advocate for Plaintiff filed registered Notice of Motion no.743/2020 with affidavit in support, t.o.r.
    Advocate for Defendant filed reply to Notice of Motion, t.o.r.
    By consent, case is adjourned to 20/02/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: None present for Plaintiff.
    None present for Defendant.
    It seems that due to fear of Corona Virus, parties may not have appeared today in the matter hence case is adjourned to 15/06/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: Due to lockdown case is adjd. to 10.08.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: None present for Plaintiff.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 27/10/2020 for NM  hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 29/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2021
    
    Date: 29-01-2021
    Business: Adv Ms. Anju singh for plff present.
    None present for deft.
    As nobody present for deft, on request of advocate for plff, considering present pandemic condition, matter is adjd. for NM hearing to 17.02.2021.
    Judge
    L.O.
    Adv Mr. Shroff for deft No.1 present.
    Already adjd. to  17.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Manju Singh for plaintiff present and seeks adjournment.
    Adv. Amit Shroff for Defendant no.1 present.
    On request of adv. For the plaintiff, by consent adjd. for NM Hearing to 7/4/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: None present for both the parties.
    Considering the present Pandemic Condition, matter is adjourned at same stage to 23/06/2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: None present for plff.
    Adv Mr. Amit Shroff for deft No.1 present.
    As is rightly pointed out by ld. Adv. for deft No.1, nobody is attending the matter for and on behalf of the plff on most of the dates fixed in the matter. Today also, nobody is present for the plff. Suit is very old hence, N.M. No.743/2020 taken out by the plff be kept for dismissal order.
    Matter is adjd. for NM dismissal order to 26.08.2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Adv Mr. B.K. Bali for plff present.
    Adv.Mr. Shroff for deft No.1 present.
    Arguments of both the sides heard.
    Matter is adjd. for order to 02.09.2021.
    Next Purpose: ORDER
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Adv Mr. B.K. Baili i/b Bali Associates for plff present at 11.00 a.m.
    Matter is for order in N.M. hence, kept back.
    L.O.at 4.50 pm.
    Both parties and their advocates absent.
    F.R.S.R. following order is passed in N.M.No.743/2020.
                    ORDER
    N.M.No.743/2020 is allowed in terms of prayer clause “a” and “b” subject to cost of Rs.2000/- (Two Thousand rupees).
    Said cost amount shall be paid by plaintiffs to defendant No.1 directly or it shall be deposited in the Court within two weeks from today.
    After paying/depositing the amount of cost by the plaintiffs as above, defendant No.1 shall keep DW-1 present for facing cross examination.
    Matter is adjd. for compliance/evidence p/h to 16.09.2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102201/2020
    Filing Date: 17-02-2020
    First Hearing Date: 17th February 2020
    Decision Date: 02nd September 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Sept 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 743-2020 in SU-7674-2000 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.743 OF 2020 (CNR NO.MHCC01-002026-2020) IN SUIT NO.7674 OF 2000. (CNR NO.MHCC01-008369-1999) Rusi N. Bharucha @ Daruwala and Ors. }...PLAINTIFFS. Versus Mr.Kaikhushroo Minoo Master & Anr. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Shri.B.K.Bali, learned advocate for the plaintiffs. Shri.Amit Shroff, learned advocate for defendant No.1. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA (C.R.No.62) ----------------------------------------------------------------------------------------- O R A L O R D E…

    Read Full Order

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