Skip to main content
NOTICE OF MOTION

Laxmidevi Wd/o. Gopikumar Singhania - Suit St. No.2074/2020VsLavkumar Gopikumar Singhania and Anr.

CNR MHCC01002111202062-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 01st October 2021

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100779/2020
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
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Advocate Mr. J. V. Parmar @ Plaintiff present
    Defendant no.1 with advocate Ms. Keni Thakkar for Defendant no.1 and 2 present and filed vakalatnama for Defendant no.1 and 2, t.o.r. Advocate for Defendant no.1 and 2 submitted that service of writ of summons is waived and on next date Defendants will file NM reply as well as Written Statement.
    Case is adjourned to 16/03/2020 for NM reply/Written Statement. Defendant is directed to serve copy of  NM reply and Written Statement in advance to advocate for Plaintiff.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2020
    
    Date: 16-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Business: National Lock down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd.to 23.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: None present for plff.
    Adv Ms.Dhruvika Bhayani i/b Adv Thakker  for defts present and seeks time to file reply to NM.
    As nobody is present for the plff, time to file reply is granted till next date.
    Adjd. for NM reply to 29.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv Mr. Mehul Rathod for plff present.
    Adv Mr. J.V. Parmar for defts present and filed reply in NM No.779/2020. He also filed written statement on behalf of both defendants. On enquiry, he fairly conceded that WS is not in time as is prescribed in O-8 R-1 C.P.C.  He seeks liberty to take out appropriate NM for delay condontiaon. With liberty to take out NM for delay condonation, the WS is kept on record with direction that it will be considered only if the delay condonation NM taken out if any by the defts is allowed.
    Adv. for the plff seeks adjournment by submitting that order in DV Act matter is passed which is a recent development.
    By consent,matter is adjd. for NM hearing to 09.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Adv. Parmar for plaintiff present.
    Adv. Deepali Majethia i/b Adv. Kenny Thakkar for defendant present and tendered registered NM No.1958/21 a/w affidavit in support.
    Adv. for plaintiff endorsed reply on the NM itself.
    Heard.
    Ld. advocate for the plaintiff though endorsed reply of objection on the NM, he orally submitted to the order of the Court.
    Considering it and the reasons mentioned in affidavit filed in support of the NM, this Court is of the opinion that for giving fair opportunity to the defendants to contest the suit on merit, it would be just to allow the NM by imposing certain cost on the defendants. In the result, NM No.1958/21 is allowed subject to cost of Rs.2000/- (Two Thousand Rupees).
    Defendants shall pay the cost to the plaintiff on or before next date.
    Adv. for the plaintiff endorsed on NM No.779/20 as not pressed with liberty to file fresh NM.
    O - In view of the endorsement made by the Ld. Advocate for the plaintiff, NM No.779/2020 is disposed of at this stage with liberty to the plaintiff to take out fresh notice of motion if required.
    Matter is adjd. for compliance to 01/10/2021.
    Judge
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-10-2021
    
    Date: 01-10-2021
    Business: Son of plff present.
    Adv Ms. Bhayani for deft present and submitted that cost as per order passed in N.M.No.1958/2021 on previous date is already paid.
    Since cost is paid as per order passed on previous date, WS of deft Nos.1 and 2 is taken on record and it is R & R at Exh.3.
    N.M.No.779/2020 is appearing on the board though it is already disposed off on 09.09.2021 hence, it be marked as already disposed off in CIS.
    Matter is adjd. for draft issues to 04.10.2021.
    NM disposed off on Roznama dt.09.09.2021-
    Adv. Parmar for plaintiff present.
    Adv. Deepali Majethia i/b Adv. Kenny Thakkar for defendant present and tendered registered NM No.1958/21 a/w affidavit in support.
    Adv. for plaintiff endorsed reply on the NM itself.
    Heard.
    Ld. advocate for the plaintiff though endorsed reply of objection on the NM, he orally submitted to the order of the Court.
    Considering it and the reasons mentioned in affidavit filed in support of the NM, this Court is of the opinion that for giving fair opportunity to the defendants to contest the suit on merit, it would be just to allow the NM by imposing certain cost on the defendants. In the result, NM No.1958/21 is allowed subject to cost of Rs.2000/- (Two Thousand Rupees).
    Defendants shall pay the cost to the plaintiff on or before next date.
    Adv. for the plaintiff endorsed on NM No.779/20 as not pressed with liberty to file fresh NM.
    O - In view of the endorsement made by the Ld. Advocate for the plaintiff, NM No.779/2020 is disposed of at this stage with liberty to the plaintiff to take out fresh notice of motion if required.
    Matter is adjd. for compliance to 01/10/2021.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 01-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 102333/2020
    Filing Date: 18-02-2020
    First Hearing Date: 21st February 2020
    Decision Date: 01st October 2021
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Oct 2021

    Order Details: Other Pdf Text: 01/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 54 SU 1040/20 Exh.3 Son of plff present. Adv Ms. Bhayani for deft present and submitted that cost as per order passed in N.M.No.1958/2021 on previous date is already paid. Since cost is paid as per order passed on previous date, WS of deft Nos.1 and 2 is taken on record and it is R & R at Exh.3. N.M.No.779/2020 is appearing on the board though it…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.