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NOTICE OF MOTION

M/s. Vinayak Ashish C.H.S. Ltd.VsM/s. Essar Enterprises and Ors.

CNR MHCC0100207020202-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st October 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100759/2020
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: 04-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Business: National lockdown due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: National Lockdown due to Covid 19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2020
    
    Date: 09-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.                        Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Both the parties and Adv. are absent.
    Adjd for NM hearing on 20.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: P.O. is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2021
    
    Date: 05-03-2021
    Business: Adv. Thorat with Adv. B.A Singh for plaintiff is present.
    Adv. Pradip Kadam for deft nos. 6 to 8 is present.
    Heard Adv. Thorat for plaintiff.
    Order below NM No. 759/2020
    Perused the Notice of Motion. Heard Adv. Thorat for the plaintiff. The copy of Notice of Motion appeared to have been served upon defendant nos. 1 to 5 as is clear from roznama dtd. 11.02.2020 and 04.03.2020. Till this date no reply is filed. Hence, adinterim relief in terms of prayer clause (a) is granted only till next date. Defendant to file reply positively on next date. Matter be kept for reply and hearing on NM No. 759/2020.
    PW No. 1 V.R. Balkrishanan Pillai is present before the Court is age is 73 years old and he is a senior citizen.
    Considering the fact that the witness is a senior citizen and the matter is old one, I am taking up the matter for passing of on order on NM No. 4601/19.
    Adv. M.K. Tanna for defendant no.1 is present.
    F.R.S.R following order is passed-
                                       ORDER
    1. Notice of Motion No. 4601/19 stands dismissed.
    2. No order as to cost.
    Matter adjd for NM reply and hearing/cross examination to 01.04.2021 at 3.30 p.m.
    LO at 4.15 p.m.
    Adv. Mulher for defendant nos. 2 to 5 is present.
    Matter adjd for NM reply and hearing/cross examination of PW no. 1 to 01.04.2021 at 3.30 p.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: Adv. Aarti Sharma for plff. present.
    Plaintiff witness  P.W.1 V.R. Balkrishna Pille is present.
    Adv. for deft. absent.Defendant also absent.
    Adv. for the plff has submitted before the Court that the advocate for the deft. has informed her that the deft.will not be turning up before the Court for cross of PW no.1 and for hearing of NM no. 759/20 . In view of said submission the matter is adjourned for NM reply and hrg.
    Matter is adjd.for reply to NM and hrg  and cross of PW no.1 to 24/06/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: PO is on leave, hence adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Matter received from C. R. No. 14.
    PW-1 present.
    Adv Thorat for plff present.
    He seeks time to file rejoinder.  Granted.
    Adv Tanna for deft no. 1 present.
    Adv Mungle for deft no. 2 to 5 present.
    Adv Hasnale for deft no. 6 to 8 present.
    Adv for deft no. 1 and 2 to 5 filed reply to NM. t.o.r.
    Matter stands Adj for Rejoinder and NM Hearing to 07/10/2021.
    Next Purpose: REJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv Thorat for plff present.
    Adv Tanna for deft no. 1 present.
    Adv Mungle for deft no. 2 to 5 present.
    He filed list of documents along with the documents in support of reply of deft no. 2 to 5. t.o.r.  Copy served to Adv for plff.
    Adv Kadam for deft no. 6 to 8 present.
    Adv for plff filed rejoinder to reply of deft no. 1 and 2 to 5. t.o.r.  Copy already served to Adv for defts.
    Heard Adv for plff and Adv for deft no. 1 and 2 to 5.
    Matter stands Adj for NM Order to 14/10/2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Omakar Sawant for plaintiff present
    Adv. Hasanale for defendant no.6 to 7 present.
    Secretary of plaintiff society Balkrishna Pillai present.
    L.O. Adv. Tanna for defendant no.1 present.
    As Court is buzy in administrative work.
    Matter stands Adj on 21.10.2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv Singh for plff present.
    Adv Disha Dave for deft no. 1 present.
    F. R. S. R. following order is passed -
    ORDER
    (1) Notice of motion no. 759 of 2020 is  allowed and made absolute in terms of prayer clause (a).
    (2) Notice of motion no. 759 of 2020 is disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 21-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101997/2020
    Filing Date: 17-02-2020
    First Hearing Date: 04th March 2020
    Decision Date: 21st October 2021
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Oct 2021

    Order Details: Notice of Motion Pdf Text: ORDER ..1.. NM NO. 759/2020 MHCC010020702020 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 759 OF 2020 IN S.C. SUIT NO. 2483 OF 2011 M/s. Vinayak Ashish Co-operative Housing Society Ltd. …Plaintiff Versus M/s. Essar Enterprises and others … Defendants. Appearance Adv. Thorat for the plaintiff. Adv. Tanna for defendant No.1 Adv. Mungale for defendant nos. 2 to 5 Adv. Kadam for defendant nos. 6 to 8 CORAM :…

    Read Full Order

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