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NOTICE OF MOTION

Narotam Kapurchand Malkan and Ors. Suit St.No. 2126/2020VsPankaj Maganlal Shah

CNR MHCC0100209920203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 26th July 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100772/2020
Registration Date
18 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: 21-02-2020
    Business: Adv. Ranawat for plaintiff present and filed original NM no.  772/20 along with affidavit.
    Adv. Yatin Shah for defendant no. 1 to 5 present and filed reply affidavit in NM no. 772/20. Copy served on other side.
    Adv. Golwala for defendant no. 6 present.
    Heard both sides on ad-interim relief.
    Matter stands Adj for ad-interim Order to 25.02.2020
    Next Purpose: ORDER
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Ranawat for plaintiff present.
    Adv. Apurva Pawar for defendant no. 1 to 5 present.
    Adv. Golwal for defendant no. 6 present.
      FRSR following interim order is passed in NM no. 772/20.
                                      ORDER
    1.  The prayer of the plaintiff for grant of interim relief is hereby rejected
    2. The motion shall proceed further for decision on merit, after defendants submit their detailed reply in due course.
    Ld. counsel for plaintiff filed application for grant of status quo for the period of one week.
    Application for grant of status quo for the period of one week.
    Heard both sides on Ex-
    It is submitted on behalf plaintiff that if the order status quo is not granted, elections which are scheduled to take place on 08.03.2020 will be over and the plaintiff\''s suit will become infructuous. Hence, prayed for grant of status quo for a period of one week. The application is strongly opposed by the Ld. counsel for defendant no. 1 to 5.
    After hearing both the sides and in view of the order passed in NM no. 772/20 refusing the interim relief, I am of the view that the application filed by Ld. counsel for plaintiff for grant of status quo is not maintainable. Hence, request for grant of status quo is rejected.
    Matter stands Adj for reply to NM on 20.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: Matter is at Board department.
    Adv. Apurva Pawar for defendant no. 1 to 5 present and tendered reply affidavit to NM no. 772/20 and copy of Hon\''ble High Court order dated 05.03.2020.
    There is no urgency in matter.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj for hearing on NM to 15.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    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: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    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: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: None present.
    The case is adjourned to 20.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Original Writ received from Honble Bombay High Court bearing O/w No.D.D.(AO)  00700370 of 2021 dated 07.01.2021 in Appeal from Order (ST) No.4162/2020 with interim application No.1/20 in Appeal from order ST  No. 4162/20 (for injunction)  (Coram  A.S.Gadakari,J.) Order dated 05th March,2020 directing this Court to dispose of NM No.772/20 within a period of eight weeks from 05.03.2020, without seeking extension of time, is received today.
    NM No.772/20 is not yet disposed of. Letter is forwarded to Honble High Court seeking extension of time to dispose of the Notice of Motion.
    Note is taken in Writ Register and original Writ is sent to Board Department.
    The case is already adjourned to 20.01.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2021
    
    Date: 20-01-2021
    Business: None present.
    The case is adjourned to 02.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: None for plaintiff.
    Advocate Yatin Shah for defendant no. 1 to 5 present.
    Proceedings indicate that the Honble High Court had directed to disposed of Notice of Motion within specified time.
    In view of the circumstances plaintiff shall appear and argue Notice of Motion on next date failing which further order will follow.
    Plaintiff shall get the suit registered on or before next date.
    The case is adjourned to 20.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Advocate Aashish Naik h/f adv. Mogre for plaintiff present and filed vakalatnama. TOR and marked as Exh. 3.
    O- Filed.
    Advocate for Plaintiff tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons. R/o 30.04.2021.
    Copy of Chamber Summons served on advocate for defendants.
    Advocate Jojwala for defendant no. 6 present.
    Advocate Yatin Shah for defendant 1 to 5 present.
    The case is adjourned to 30.04.2021 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Court is vacant
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Matter called out at 03.59 p.m.
    None present for plaintiff.
    Adv. Apurva Pawar for Deft. No.1 to 5 present. She tendered reply to CHS No. 663/21. TOR.
    O-Seen and filed.
    She undertakes to serve the plaintiff.
    Matter stands adjourned to 09.11.2021 for CHS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: PO is on leave in second session. Hence, Court is discharge.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Court is on leave, Hence board is discharged.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: None for plaintiff.
    Adv. Shweta Singh for defendant No. 1 to 5 present.
    Matter stands adjourned to 15.07.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: Adv. Sunil Mogre for plaintiff present. He tendered reg. CS No.663/21. TOR.
    Adv. Shraddha Ghag for Deft. no.1 to 5 present.
    Plaintiff is directed to remove all office objections and get the suit registered within 15 days, else plaint will be rejected.
    Matter stands adjourned to 26.08.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: None present.
    K.B.
    Later on called out at 4.21 p.m.
    Plaintiff and advocate absent.
    Adv. Yatin Shah for Deft. no.1 to 5 present.
    Matter stands adjourned to 13.10.2022 for NM hearing/dismissal of
    NM.
    Later on at 4.31 p.m.
    Adv. A. S. Mishra for plaintiff present.
    Already adjourned to 13.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2022
    
    Date: 13-10-2022
    Business: Adv. Priyank Shukla for plaintiff present.
    Adv. Yatin Shah for Deft. no.1 to 5 present.
    Following F.R.S.R. order is passed in CS No.663/2021.
    ORDER
    1	Chamber Summon No.663/2021 in Suit No.1680/2022, is hereby allowed.
    2	The plaintiff is allowed to amend the plaint as per the schedule annexed to this Chamber Summons.
    3	The plaintiff to carry out the amendment as permitted within the stipulated period.
    4	Chamber summons disposed off accordingly.
    Put up for NM hearing.
    Matter stands adjourned to 22.11.2022 for compliance/NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Sunil Mogre for plaintiff present.
    Amendment carried out.
    Adv. Yatin Shah for Deft. no.1 to 5 present.
    Plaintiff tendered affidavit in rejoinder in NM No.772/20. TOR. Copy served to Deft. no.1 to 5.
    By consent, matter stands adjourned to 21.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: As Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2023
    
    Date: 28-08-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2023
    
    Date: 27-10-2023
    Business: None for Plaintiff.
    Adv present for defendant.
    Matter stands adjourned on 08-01-2024 for dismissal of NM.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 08-01-2024
    
    Date: 08-01-2024
    Business: Advocate Ranawat for Plaintiff present.
    Advocate Shah for defendant nos. 1 to 5 present.
    The plaintiff is directed to furnish copy of amended plaint on record.
    Matter stands adjourned on 16-02-2024 for filing amended plaint.
    Next Purpose: FOR___________________
    Next Hearing Date: 16-02-2024
    
    Date: 16-02-2024
    Business: Advocate  Ranawat for Plaintiff present.
    Advocate Harsha Shah for defendant nos. 1 to 5  present.
    Amended copy tendered on record and served upon defendant by plaintiff.
    Matter stands adjourned on 18-04-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2024
    
    Date: 18-04-2024
    Business: None for Plaintiff present.
    Adv. Yatin Shah for defendant no. 1 to 5 present.
    The roznama indicates that the NM is pending since last 4 years. It is further seen that this Court has rejected the interim relief to the plaintiff, the said order challenged before the Hon\''ble High Court. The Hon\''ble Lordship while disposing of the Interim Application No. 01/2020 accepted the statement of the plaintiff that the election will be kept in abeyance till final decision of this NM. It is seen that the reply of defendant and rejoinder of plaintiff are filed. Pleadings are completed. Looking to the pendency of this NM, it is required to direct both the parties to argue on this NM on next date without fail otherwise, the affidavit in support and rejoinder of plaintiff will be considered as their arguments and NM will be decided.
    Matter stands adjourned on 26-04-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2024
    
    Date: 26-04-2024
    Business: Adv. Usha Tiwari for Plaintiff present.
    Adv.  for defendant present.
    Matter stands adjourned on 08.05.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-05-2024
    
    Date: 08-05-2024
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: Adv. Usha Tiwari for Plaintiff present and filed Vakalatnama t.o.r. marked as Exh.4.
    Adv. Yatin Shah for defendant no. 1 to 5 present.
    Adv. Chetan Golwala for defendant no. 6 present.
    Adv. for plaintiff filed adjournment application. t.o.r. marked as Exh.5.
    The roznama indicates that the NM is pending since year 2020 and specific directions was given both the parties to argue the NM. Despite of the same today the Ld. Adv. for plaintiff is seeking adjournment. The reasons mentioned in the adjournment application are not relevant to this NM. Therefore, no issue arises to wait for the order of the Charity Commissioner in the change report for deciding present NM.  Considering the submission made before me, one last chance is granted to the plaintiff subject to costs of Rs. 2,000/- payable to the defendants.
    Matter stands adjourned on 20-07-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: Adv. Usha Tiwari for Plaintiff present and filed list of document in NM No. 772/2020. t.o.r.
    Adv. Yatin Shah for defendant no. 1 to 5  present.
    Adv. Chetan Gholwala for defendant no. 6 present.
    K.B. L. O. at 3.50 p.m.
    Same appearance.
    Heard arguments of both sides, but plaintiff wants to file citation on the point of requisition of consent.
    Matter stands adjourned on 23-07-2024 for filing citation.
    Next Purpose: CIATATION
    Next Hearing Date: 23-07-2024
    
    Date: 23-07-2024
    Business: Adv. Jeetendra Ranawat for Plaintiff present.
    Adv. Shweta Singh for defendant present.
    Advocate for plaintiff filed citation alongwith written arguments.
    Matter was kept for citation only, therefore written arguments filed alongwith citation will not be taken on record.
    Matter adjourned  on 24.07.2024 for order.
    Next Purpose: ORDER
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: None for Plaintiff present.
    Adv Shweta Singh for defendant present.
    Matter stands adjourned on 25-07-2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: None present.
    Order partly dictated.
    Matter stands adjourned on 26-07-2024 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: Adv. Usha Tiwari for plaintiff present.
    None for defendant.
    F.R.S.R following order is passed on Notice of Motion No. 772 of 2020
    Order
    1.  The Notice of Motion No. 772 of 2020 stands disposed of as infructuous.
    2. No order as to costs.
    Nature Of Disposal: OTHER
    Disposal Date: 26-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102317/2020
    Filing Date: 18-02-2020
    First Hearing Date: 21st February 2020
    Decision Date: 26th July 2024
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    26 Jul 2024

    Order Details: Notice of Motion Pdf Text: ..1.. NM No.772-2020 in Suit No. 1680-2022 MHCC010020992020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER BOMBAY NOTICE OF MOTION NO. 772 OF 2020 IN SUIT NO. 1680 OF 2022 1. Narotam Kapurchand Malkan ] 2. Lalit Mohanlal Shah ] 3. Vindrai Gokuldas Malkan ] 4. Dinesh Dharamshi Shah ] .. Plaintiffs Versus 1. Pankaj Maganlal Shah ] 2. Kamlesh Dharmdas Shah ] 3. Jayant Mathuradas Gandhi ] 4. Chandrakant Narsidas Gandhi ]…

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    Interim Order 1Full order available
    25 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 N/M 772/20 in ST.2126/20(Interim) IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI INTERIM ORDER IN NOTICE OF MOTION NO.772/2020 IN SUIT (ST) NO. 2126/2020 1. Narotam Kapurchand Malkan 2. Lalit Mohanlal Shah 3. Vindral Gokuldas Malkan 4. Dinesh Dharmshi Shah ..Plaintiffs V/s. 1. Pankaj Maganlal Shah 2. Kamlesh Dhardas Shah 3. Jayant Mathuradas Gandhi 4. Chandrakant Narsidas Gandhi 5. Jayesh Pravinchandra Malkan 6. Ashwin Tribhuvandas Shah ..Defendants Appearance:- Adv. Mr. Jitendra Ranawat…

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    Order 1Full order available
    25 Feb 2020

    Order Details: Notice of Motion Pdf Text: 1 N/M 772/20 in ST.2126/20(Interim) IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI INTERIM ORDER IN NOTICE OF MOTION NO.772/2020 IN SUIT (ST) NO. 2126/2020 1. Narotam Kapurchand Malkan 2. Lalit Mohanlal Shah 3. Vindral Gokuldas Malkan 4. Dinesh Dharmshi Shah ..Plaintiffs V/s. 1. Pankaj Maganlal Shah 2. Kamlesh Dhardas Shah 3. Jayant Mathuradas Gandhi 4. Chandrakant Narsidas Gandhi 5. Jayesh Pravinchandra Malkan 6. Ashwin Tribhuvandas Shah ..Defendants Appearance:- Adv. Mr. Jitendra Ranawat…

    Read Full Order

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