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NOTICE OF MOTION

Navnirman Co. Op. Ltd.VsHuseini G. Suterwala

CNR MHCC0100206420203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 30th March 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100752/2020
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: 26-02-2020
    Business: None present for plaintiff.
    Defendant no. 1 present in person and submitted that his advocate is out of town and prayed for adjournment. Adjournment granted.
    Defendant no. 2 present and submitted that defendant no. 3 is his brother and he as well as defendant no. 3 have not received copy of plaint and NM and prayed for time to engage advocate.
    In view of the above, Ld. counsel for plaintiff is directed to supply copy of plaint and NM to defendant no. 2 and 3.
    Matter stands Adj for compliance to 04.04.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2020
    
    Date: 13-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Advocate Ms. Narvekar h/f adv. Saraogi for plaintiff present and tendered registered Notice of Motion No. 752/20 along with affidavit in support of Notice of Motion. T.O.R.
    She filed affidavit of service on defendant no.1.TOR and marked as Exh.2.
    O- Seen.
    She undertakes to serve copies on defendants no.2 and 3.
    The case is adjourned to 20.02.2021  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: None for plaintiff
    Defendant no. 2 present and submits that Plaintiff has not served proceedings on him.
    The case is adjourned to 05.04.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Advocate Priyatosh Tiwari a/w adv.Ms.Narvekar h/f adv. Saraogi for plaintiff present.
    Issue writ of summons for service through bailiff. R/o 15.04.2021.
    The case is adjourned to 15.04.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Declared holiday as per Office Order 79 of 2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: In view of office order No. 120/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Matter called out at 04.42 p.m.
    Adv. Singh for plaintiff present.
    Plaintiff tendered service report. TOR. Exh.6
    As per bailiff report Deft. No. 1 is expired. Plaintiff to take appropriate steps.
    He filed registered NM No. 752/20. TOR.
    Adv. Ashish Suryavanshi filed Vakalatnama on behalf Deft. No. 2&3. TOR. Exh.7
    Matter stands adjourned to 28.10.2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-10-2021
    
    Date: 28-10-2021
    Business: Adv. Ravindra Singh for plaintiff present. He tendered draft CS.
    O-leave granted to register.
    Adv. Ashish Suryavanshi for Deft. No.2 and 3 present.
    Court is busy in taking evidence in SU No.7753/00.
    Matter stands adjourned to 16.12.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Matter mentioned at 4.47 p.m.
    Adv. Ravindra Singh for plaintiff present.  He tendered reg. CS No.1545/21. TOR.
    Adv. Savita Suryavanshi I/b Ashish T. Suryavanshi for Deft. No.2 and 3 present.
    Heard both the sides on CS No.1545/21.
    Plaintiff wanted to bring LRs of Deft. No.1 on record. Looking to the nature of suit and the application is within limitation. CS is allowed in terms of prayer clause (a) and (b).
    Plaintiff to carry out necessary amendment as per schedule within 14 days from the date of order.
    CS No.1545/21 is disposed of accordingly.
    Matter stands adjourned to 03.02.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Adv. Neha Pandey h/f Saraogi for plaintiff present.
    Adv. Aashish Suryavanshi for Deft. No.2 and 3 present.
    He tendered reply to NM No. 306/2022. TOR.
    He filed an application to treat the reply of NM No.306/2022 as reply to NM No.752/2020. Exh.8.
    Matter stands adjourned to 03.02.2022 for Orders.
    Next Purpose: ORDER
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: The Court is on leave.
    Next Purpose: ORDER
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Matter called out at 11.33 a.m.
    Adv. Pooja Narvekar I/b Adv. Saraogi for plaintiff present.
    Adv. Ashish Suryavanshi for Deft. No.2 and 3 present.
    Following F.R.S.R. order is passed in NM No.306/22.
    ORDER
    1.   Notice of Motion No.306 of 2022 is dismissed.
    2.   Costs in cause.
    3.   Notice of Motion disposed of accordingly.
    Matter stands adjourned to 30.03.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Matter mentioned at 2.47 p.m.
    Adv. Ravindra Singh for plaintiff present.
    None present for defendant.
    At the request of plaintiff\''s Advocate, Matter stands adjourned to
    06.04.2022 for
    Later on called out at 3.22 p.m.
    Adv. Ravindra Singh for plaintiff present.
    Adv. Ashish Suryavanshi for Deft. No.2 and 3 present.
    Plaintiff Adv. on instructions seeking to withdraw the suit unconditionally.
    Deft. No.2 and 3 have no objection.
    Hence, suit allowed to withdraw.
    Necessary court fees be refunded as per rules.
    Suit disposed of as withdrawn.
    As the suit is withdrawn, nothing survives in the NM No.752/2020.
    Hence, NM No.752/2020 is disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 30-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102196/2020
    Filing Date: 17-02-2020
    First Hearing Date: 26th February 2020
    Decision Date: 30th March 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    30 Mar 2022
    Order Details: Other
    Pdf Text: 30.03.2022
    Sr. No.52
    SU 420/20
    NM 752/20
    CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter mentioned at 2.47 p.m.
    Adv. Ravindra Singh for plaintiff present.
    None present for defendant.
    At the request of plaintiff's Advocate, Matter stands adjourned to
    06.04.2022 for
    Later on called out at 3.22 p.m.
    Adv. Ravindra Singh for plaintiff present.
    Adv. Ashish Suryavanshi for Deft. No.2 and 3 present.
    Plaintiff Adv. on instructions seeking to withdraw the suit unconditionally.
    Deft. No.2 and 3 have no objection.
    Hence, suit allowed to withdraw.
    Necessary court fees be refunded as per rules.
    Suit disposed of as withdrawn.
    As the suit is withdrawn, nothing survives in the NM No.752/2020.
    Hence, NM No.752/2020 is disposed of accordingly.
    Judge
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