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NOTICE OF MOTION

Bajranglal Eriwal HUF through its Karta Bajranglal EriwalVsSilver Arch Builders and Promoters

CNR MHCC01002077202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th March 2023

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100763/2020
Registration Date
18 Feb 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 24-02-2020
Business: Adv. O.P.Soni for plaintiff
Adv.Saurabh chitnis for defendant filed registered NM 763/20 @ affidavit and reply to Summons for Judgment. Copy of NM is served to other side.
Adjd for reply to NM to 12-06-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. O.P.Soni for plaintiff filed Original SJ No.224/19 @ Affidavit.
Adv. For plaintiff also filed reply to NM 763/20.
None for defendant.
Adjd for NM Hearing to 20-04-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: As per office order
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv Mangesh Sawant present for plaintiff.
None present for the defendant.
KB
Adjd for NM Hearing.
Plaintiff is directed to serve the copy of reply to the defendant.
Matter is adjd to 29.10.2021 NM hearing.
LO
Adv O.P.Soni present for the plaintiff.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr.O.P.Soni present for the plaintiff.
None present for the defendant.
Ld advocate for the plaintiff submits that he has served the copy of reply upon defendant. Defendant is not appearing for hearing since long. Matter is lastly adjourned to 29.11.2021 for hearing of NM. If defendant fails to appear and argue, the NM shall be dismissed and the suit shall proceed further.
Matter is adjd to 29.11.2021 for NM hearing.
LO
Adv Saurabh Chitnis present for the defendant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: Adv. O. P. Soni for plaintiff present.
Adv. V. Nair i/b Adv. Milind Naik for defendant present.
Matter is adjd. to 13/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-01-2022

Date: 13-01-2022
Business: The suit is posted for NM hearing. In view of SOP, office Order No.07/22 dated 07/01/2022 parties and advocates are directed to attend virtually.
Matter is adjd. to 14/03/2022 for  NM/SJ hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-03-2022

Date: 14-03-2022
Business: Adv. O.P. Soni for plaintiff present.
Adv. Saurabh Chitnis for defendant.
On the request of both advocate.
Matter is adjd. for NM and SJ  hearing to 29-04-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2022

Date: 29-04-2022
Business: None for plaintiff.
Advocate Vinay Nayer for defendant present.
Matter is adjd. NM/ SJ Hearing to 22-07-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: COURT IS VACANT
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Adv.O.P.Soni for plaintiff present.
Adv.Saurabh R. Chitnis h/f Adv.Mangesh Sawant for defendant present.  He submits that advocate Mangesh Sawant, who handles the matter is on leave owing to his marriage.
Considering the reason, matter is adj to 13/03/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: CORAM - H.H.J. DR. SHRI. S. D. TAWSHIKAR - (C.R.NO.61)
Adv.O.P.Soni for plaintiff present.
Adv.Mangesh Sawant i/b Adv.Milind Nair for defendant present.
Heard both the sides on N/M No.763/2020.
F.R.S.R following order is passed on N/M No.763/2020.
ORDER
1.Notice of Motion No.763 of 2020 is allowed subject to cost of
Rs.4,000/-(Rupees Four Thousand only) in terms of prayer clause (a), which reads as under.
(a) The delay of 131 days in applying/making an application for leave to defend for and on behalf of the defendant in the present proceedings, may kindly be condoned.
2.Defendant to pay cost to the plaintiff within two weeks from the date of this order.
3.On compliance of condition as to cost, reply filed by the defendant be taken on record.
4.Notice of Motion No.763 of 2020 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 13-03-2023

Additional Case Details

Additional Case Details
Filing Number: 102255/2020
Filing Date: 18-02-2020
First Hearing Date: 24th February 2020
Decision Date: 13th March 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
13 Mar 2023

Order Details: Notice of Motion Pdf Text: 1 MHCC010020772020 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION NO. 763 OF 2020 IN SUMMONS FOR JUDGMENT NO.224 OF 2019 IN SUMMARY SUIT N0. 1300 OF 2018 Silver Arch Builders & Promoters ...Applicant In the matter between- BajranglalEriswal HUF ...Plaintiff V/s. Silver Arch Builders & Promoters ...Defendant Appearance : Ld. advocate Mr. O.P. Soni for plaintiff. Ld. advocate Mr. Mangesh Sawant for defendant. Coram : DR.…

Read Full Order

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