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NOTICE OF MOTION

Mohd. Nadeem Salim TamboliVsDhamm Seva S. R. A. C.H. S. Pvt Ltd And Ors

CNR MHCC01002189201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 12th April 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100775/2019
Registration Date
22 Feb 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-06-2019
    Business: Matter stands Adj for hearing on NM to 07.09.19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: the court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: Plaintiff present.
    Adv. Pramila Shrivastav  for defendant present and filed reply to NM no. 687/19. She undertakes to serve the copy to other side on next date.
    Matter stands Adj for NM hearing to 13.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff present in person and advocate absent.
    Adv. Avinash Shrivastav for defendant present.
    By consent, Matter stands Adj for NM hearing to 19.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: Plaintiff present in person.
    Adv. Pramila Shrivastav for defendant present.
    Court is busy in dictating Judgment in suit no. 76/18.
    Matter stands Adj for hearing on NM to 28.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: None present for plaintiff.
    Adv. Pramila Shrivastav for defendant present and submitted that plaintiff has not served the copy of NM no. 775/19 and 687/19. Hence, plaintiff is directed to serve the copy by next date.
    Matter stands Adj for hearing on NM to 26.03.2020.
    Later on
    Adv. M. H. Shaikh for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    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: 29-05-2020
    
    Date: 29-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: None present.
    The case is adjourned to 25.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 19-01-2021
    Business: None present.
    The case is adjourned to 25.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Plaintiff present.
    None else present.
    The case is adjourned to 15.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    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: NM FOR HEARING
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: As per Office order No. 106/21 dtd. 14-06-2021, all the court shall remain closed all Saturday i.e. 03-07-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: P.O. is on leave, hence adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for defts. present.
    Representative of deft. no.1 present.
    The matter is adjd for N/M hearing to 23.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: None for plaintiff.
    Adv. Akshita Kohli i/b. Adv. S.C. Pal for deft. no.1 present.
    The matter is adjd for N/M hearing to 26.10.2021.
    L.O. at 03.15 pm.
    Plaintiff present.
    The matter is already adjd for N/M hearing to 26.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. present.  She sought time for filing reply to N/M.  Time as prayed for is granted.
    Plaintiff is directed to tender registered N/M No.775/19.
    The matter is adjd for reply to N/M to 16.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None for plaintiff.
    Adv. Akshita Kohli i/b. Adv. S.C. Pal for deft. present.  She sought time for filing reply to N/M.  Time as prayed for is granted.
    Plaintiff is directed to tender registered N/M No.775/19.
    The matter is adjd for reply to N/M and compliance to 26.11.2021.
    L.O. at 03.45 pm.
    Plaintiff present.
    The matter is already adjd for reply to N/M and compliance to 26.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: None for plaintiff.
    Adv. Akshita Kohli i/b. Adv. S.C. Pal for deft. no.1 present.
    Adv. For deft. no.1 filed reply affidavit to N/M No.687/2019.  T.O.R.
    Plaintiff is directed to take steps as against deft. nos.2 to 4.
    The matter is adjd for taking steps to 20.12.2021.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. no.1 present.
    Exh.2 - Adv. For deft. no.1 filed application seeking permission to file written statement.
    O. - It is submitted on behalf of deft. no.1 that writ of summons has not been served upon deft. no.1. Record shows that deft. no.1 appeared on 21.12.2018 and sought time for filing reply to N/M.  Plaintiff has not filed on record service affidavit to show that writ of summons is duly served upon deft. no.1.  Therefore, deft. no.1 is permitted to file written statement.
    Exh.3 - Written statement of deft. no.1.  T.O.R.
    O. - Read and recorded.
    The matter is adjd for hearing on N/M to 12.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. no.1 present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for N/M hearing to 27.01.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: None for plaintiff.
    Adv. Akshita Kohli for deft. no.1 present.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for N/M hearing to 17.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. no.1 present.
           Order-sheet shows that plaintiff tendered draft N/M on 20.02.2019.  Leave to register draft N/M was granted. Plaintiff has taken the draft N/M for registration. However, plaintiff has not filed registered N/M No.775/19.  Plaintiff is directed to file registered N/M No.775/19.
    Matter is pending for hearing on N/M No.687/19 since long.  Plaintiff is directed to argue N/M No.687/19 on next date without fail.
    The matter is adjd for N/M hearing to 21.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. no.1 present.
    Plaintiff and his counsel are absent since long.  N/M No.687/2019 is pending since last so many dates.  It appears that plaintiff is not interested in prosecuting N/M No.687/2019. Therefore, N/M No.687/2019 is dismissed in default for want of prosecution.  No order as to costs regarding N/M No.687/2019.
    Plaintiff is directed to tender N/M No.775/2019.
    The matter is adjd for compliance to 18.04.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. no.1 present.
    Plaintiff is directed to tender N/M No.775/19.
    The matter is adjd for compliance to 13.06.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: None for plaintiff.
    Adv. Pramila Shrivastav for deft. no.1 present.
    Plaintiff is absent since long.  No steps are taken for securing presence of deft. nos.2 to 4.  Plaintiff failed to tender registered N/M No.775/19.  It appears that plaintiff is not interested in prosecuting the suit.  Therefore, suit be kept for dismissal order.
    The matter is adjd for dismissal order to 05.07.2022.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-07-2022
    
    Date: 05-07-2022
    Business: Plaintiff present.
    Adv. Akshata Kohli for deft. no.1 present.
    Plaintiff submits that he wants to appoint new advocate. He sought time for appointing new advocate.  Time as prayed for is granted as a last chance.
    The matter is adjd for steps to 19.07.2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Shailesh Pal for plaintiff present.
    Adv. Pramila Shrivastav for deft. no.1 present.
    Exh.4 - Vakalatnama filed on behalf of plaintiff by Adv. Shailesh P. Pal.  T.O.R.
    Plaintiff is directed to tender N/M No.775/19.
    The matter is adjd for compliance to 03.08.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: Adv. Shailesh Pal for plaintiff present.
    Plaintiff present.
    Adv. Subhashchandra Pal for deft. no.1 present.
    Adv. For plaintiff sought time for tendering registered N/M.  Time as prayed for is granted.
    The matter is adjd for compliance to 18.08.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Shailesh Pal for plaintiff present.
    Adv. Pramila Shrivastav for deft. no.1 present.
    Exh.5 - Adv. For plaintiff tendered application for reconstruction of N/M No.775/2019.
    O. - Other side to say.
    The matter is adjd for say on Exh.5 to 29.08.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-08-2022
    
    Date: 29-08-2022
    Business: Adv. Shailesh Pal for plaintiff present.
    None for deft. no.1.
    Adv. For plaintiff tendered photocopy of the registered N/M No.775/19 for the purposes of reconstruction of N/M.  T.O.R.
    The matter is adjd for say on Exh.5 to 19.09.2022.
    L.O. at 03.10 pm.
    Adv. Pramila Shrivastav for deft. no.1 present.
    The matter is already adjd for say on Exh.5 to 19.09.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: The Court is Vacant.
    Hence, matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: The Court is Vacant.
    Hence Matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: As court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: The Court is Vacant.
    Hence, Matter is adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: The court is vacant. Hence, Matter is adjd.
    Next Purpose: REPLY
    Next Hearing Date: 20-02-2023
    
    Date: 20-02-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: REPLY
    Next Hearing Date: 13-03-2023
    
    Date: 13-03-2023
    Business: The court is vacant. Hence, matter is adjd.
    Next Purpose: REPLY
    Next Hearing Date: 05-04-2023
    
    Date: 05-04-2023
    Business: Court is Vacant. Matter adjourned to
    Next Purpose: REPLY
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: As court is vacant matter is adjdj. to
    Next Purpose: REPLY
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: As court is vacant. Hence, matter is adjd to.
    Next Purpose: REPLY
    Next Hearing Date: 26-07-2023
    
    Date: 26-07-2023
    Business: Matter received from C.R.No. 14.
    From the record it appears that roznamas from 03.07.2021
    to 04.08.2021 are not pasted by the staff of concerned
    Court before being finally transferred to this Court.
    None present for parties.
    NM No. 775/2019 is not on record.  Therefore
    application Exh. 5 was filed by the plaintiff for
    reconstruction of the documents of NM.  The other side
    has not filed its reply on Exh. 5.
    Matter is adj for reply on Exh. 5 to 02/09/2023.
    Next Purpose: REPLY
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: None present for parties.
    O- The def. has not filed reply to Exh. 5 till today.  Therefore, Exh. 5 shall be heard without the reply and will be decided on merits.
    Matter is adj for hearing on Exh. 5 to 03/10/2023.
    Next Purpose: HEARING
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: None present for parties.
    Matter adjourned for hearing on Exh.5.
    Matter is adj for hearing to 10/11/2023.
    Next Purpose: HEARING
    Next Hearing Date: 10-11-2023
    
    Date: 10-11-2023
    Business: None present.
    Matter is adj. for hearing to 15/12/2023.
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2023
    
    Date: 15-12-2023
    Business: Adv. Shailesh Pal for plaintiff is present.
    None present for def.
    Heard the ld. adv of plaintiff on Exh. 5. He submitted that the photocopy of entire set of NM No. 775/2019 is already placed on record.
    Matter is adj. for order below Exh. 5 to 24/01/2024.
    Next Purpose: ORDER
    Next Hearing Date: 24-01-2024
    
    Date: 24-01-2024
    Business: None present for plaintiff and defendant.
    KB
    LO at 11.48 am
    None present for plaintiff and defendant.
    Matter stands Adj for re-argue on NM 775/2019 on 22/02/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: None present for plaintiff and defendant.
    Last chance is granted for plaintiff to argue the NM.
    Matter stands Adj for NM Hearing on 15/03/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2024
    
    Date: 15-03-2024
    Business: None present for plaintiff and defendant.
    Matter stands Adj for NM Hearing on 12/04/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2024
    
    Date: 12-04-2024
    Business: None present.
    KB
    LO at 3.15 pm
    None present for plaintiff when called.
    The plaintiff has taken out Contempt notice of motion against the defendant in the present suit.  Inspite of giving ample opportunities the plaintiff failed to argue the NM.  The Hon\''ble High Court, Mumbai in the case of \''Rampyaribai wd/o Sukhdeo Daga and Others v/s Niladevi wd/o Narayandas Jakhotiya and others\'', 2007 (4) MHLJ 213, held that the proceeding under O-39, R-2(a) of CPC are absolutely independent proceedings.  Whether there was breach of injunction or not is a question to be decided upon evidence and the said question has no relevance with the issues in the suit which are to be decided on merits of the suit.  The eventuality of breach of injunction has occurred not at the time of filing of suit but subsequent to the filing of the suit.  The issues framed in the suit on merits of the suit cannot be mixed up with the trial of the application for breach of injunction.  The question whether the petitioners would be prejudice or not is not relevant.  What is relevant is the practise and procedure that is required to be adopted while deciding the suit and the application for breach of injunction.  As a matter of fact, in my opinion, the application for breach of injunction should be separately registered as Misc. Judicial case and should be tried by framing appropriate issues.  Thus the proceedings for breach of Injunction has nothing to do with the decision of the suit on merits.  A proceeding under O-39 R-2(a) of CPC, initiated on the ground of disobedience or breach of injunction order, is in the nature of Criminal proceedings as the person against whom such proceeding initiated is liable to be detained in prison if it is found that he had committed breach of injunction order.  Since a punishment is imposed and a person is sent to jail, the Principle on which these proceedings as decided are entirely different.  Here the Principle of Criminal Law will apply and the plaintiff will have to established beyond any shadow of doubts that the defendant had committed disobedience or breach of the injunction order even though he had full knowledge of the same.  The burden of proving its case in such cases entirely lies on the plaintiff.  Therefore, this proceeding needs to be registered separately.  Hence in view of the ratio laid down by the Hon\''ble High Court in above authority the NM is not maintainable.  Hence NM 775/2019 stands disposed of.  The plaintiff to take appropriate steps.
    Nature Of Disposal: DISMISSED
    Disposal Date: 12-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 102438/2019
    Filing Date: 22-02-2019
    First Hearing Date: 18th June 2019
    Decision Date: 12th April 2024
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Apr 2024

    Order Details: Notice of Motion Pdf Text: 12.04.2024 43 CORAM : H. H. J. Shri. V. D. KEDAR, JUDGE (C. R. No. 14) Com Suit 913/2021 @ NM 775/2019 None present. KB LO at 3.15 pm None present for plaintiff when called. The plaintiff has taken out Contempt notice of motion against the defendant in the present suit. Inspite of giving ample opportunities the plaintiff failed to argue the NM. The Hon'ble High Court, Mumbai in the case of 'Rampyaribai…

    Read Full Order

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