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NOTICE OF MOTION

Dena BankVsM/s. Ultimo Fabrics Pvt. Ltd.

CNR MHCC01002220201912-COURT 12 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 12th June 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100845/2019
Registration Date
27 Feb 2019

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: 07-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-03-2019

Date: 28-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. R. K. Sharma for the Plaintiff present.
Adv. Deepa Bishta for Defendant nos. 2 to 4 present.
This notice of motion has been taken out by defendant no.3 for setting aside order passed in roznama dated 21.02.2019 and for taking on record affidavit in reply for defendant no.3.
Perused affidavit in support.
Heard the learned advocate for defendant no.3 and advocate for the plaintiff.
Perused roznama dated 21.02.2019.  It appears that my learned predecessor has accepted reply tendered on 21.02.2019 only on behalf of defendant no.4 and no reply order has been passed against the remaining defendants.
Today, the reason stated by defendant no.3 in his affidavit in support of notice of motion is that due to his ill-health, he could not remain present to sign affidavit in reply tendered on 21.02.2019.  During the course of arguments, the learned advocate for the plaintiff has time and again pointed out that reply tendered on 21.02.2019 was for defendant nos.2 to 4.  Therefore, there is no question of filing another reply on record by this notice of motion.  Thus, considering his submission and after perusal of affidavit in reply on 21.02.2019, it appears that, it is reply filed on behalf of defendant nos.2 to 4.  In the circumstances, considering order passed on 21.02.2019, I proceed to pass the following order in this notice of motionORDER
Order passed on 21.02.2019 is hereby set aside and already tendered reply to notice of motion be taken on record as reply on behalf of defendant nos.2 to 4 to the notice of motion of the plaintiff bearing No.3950 of 2018.
Accordingly, the Notice of Motion No.845/2019 stands disposed of accordingly.
Heard Ld adv for the Plaintiff in N/M no. 3950/18.
Adv for the Defendant nos. 2 to 4 seeks adjournment. Granted as a very last chance, with direction that failure to argue the matter on next date, N/M will be fixed for order.
Matter is adjd. to 14.06.2019 for N/M hearing by Defendant nos. 2 to 4.
Nature Of Disposal: OTHERWISE
Disposal Date: 12-06-2019

Additional Case Details

Additional Case Details
Filing Number: 102479/2019
Filing Date: 27-02-2019
First Hearing Date: 07th March 2019
Decision Date: 12th June 2019
Court Number And Judge: 12-COURT 12  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
12 Jun 2019

Order Details: Notice of Motion Pdf Text: Adv. R. K. Sharma for the Plaintiff present. Adv. Deepa Bishta for Defendant nos. 2 to 4 present. This notice of motion has been taken out by defendant no.3 for setting aside order passed in roznama dated 21.02.2019 and for taking on record affidavit in reply for defendant no.3. Perused affidavit in support. Heard the learned advocate for defendant no.3 and advocate for the plaintiff. Perused roznama dated 21.02.2019. It appears that my…

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