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NOTICE OF MOTION

Shreenath Build Grand Pvt. Ltd.VsAruna Mahendra Dharod

CNR MHCC0100239820191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 07th October 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100905/2019
Registration Date
04 Mar 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: 18-03-2019
    Business: Resumed.
    Adv. P.D. Gandhi for plaintiff and Adv. Neel Gala for def. 1 to 10 are present.
    Exh. 1 - Plaint
    Exh. 2 - Vakalatnama. O- Seen and filed.
    Exh. 3 - Address Memo. O- R and R.
    Exh. 4 - List of documents. O - Seen and filed.
    Exh. 5 - Affidavit in support of plaint.
    Exh. 6 - Vakalatnama of Adv. Neel Gala for def. Nos. 1 to 10. O- Seen and filed.
    He seeks time to file w.s.  Time is granted as last chance.
    Adjd for NM reply to 26.06.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-06-2019
    
    Date: 26-06-2019
    Business: None present for plaintiff.
    Adv. Neel Gala for defendant present.
    Written Statement filed on behalf of defendant.  O-R and R.
    Adjourned for draft issues to 19.8.2019.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2019
    
    Date: 19-08-2019
    Business: Adv. Kaustubh Patil for plaintiff present.
    Adv. Neel Gala for defendants present.
    Plaintiff tendered registered NM No. 905/19.
    The Ld. counsel fro the defendant submitted that written statement (Exh. 7) be treated as reply to the NM.
    Adjourned for NM hearing to 18.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv.  Gandhi for plaintiff present.
    Adv. Neel Gala for defendant present
    The ld. Advocate for the plaintiff submitted that  the matter is likely to be settled.
    Adjourned for settlement / hearing on NM to 16.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 18-10-2019
    Business: Adv.  Gandhi for plaintiff present.
    Adv. Neel Gala for defendant present
    The ld. Advocate for the plaintiff submitted that  the matter is likely to be settled.
    Adjourned for settlement / hearing on NM to 16.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-02-2020
    
    Date: 16-12-2019
    Business: Adv. Aditya Khare for plaintiff present.
    Adv. Gala for deft. present.
    There is element of settlement in the matter.  Hence, the matter is referred for mediation.
    The matter is adjd for mediation report to 17.02.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Khare for plaintiff present.
    Adv. Gala for deft. present.
    Mediation report not received.
    The matter is adjd for mediation report to 13.04.2020 at 02.45 pm.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: As per Office order Nos.74/2020 and 77/2020, due to Lock-down, matter is adjourned.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-06-2020
    
    Date: 19-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-06-2020
    
    Date: 06-06-2020
    Business: In view of declaration of Novel Corona Virus (Covid 19) as global Pandemic by WHO and Office Order no.83/2020, matter is adjourned
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 25-09-2020
    
    Date: 24-06-2020
    Business: None present. In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned to
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 01.12.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-10-2020
    
    Date: 25-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 01.12.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Business: Ld. advocate Mr.P.D.Gandhy for the plaintiff present
    Ld. advocate Mr.Gala for defendant nos.1 to 10 present.
    Consent terms filed by plaintiff and defendant nos.1 to 10
    The Ld. Counsel for the parties are directed to ensure the physical or through video conferencing the presence of the parties for verification.
    The matter is kept for order on 07/10/2020.
    Next Purpose: ORDER
    Next Hearing Date: 07-10-2020
    
    Date: 05-10-2020
    Business: Ld. advocate Mr.P.D.Gandhy for the plaintiff present
    Ld. advocate Mr.Gala for defendant nos.1 to 10 present.
    Consent terms filed by plaintiff and defendant nos.1 to 10
    The Ld. Counsel for the parties are directed to ensure the physical or through video conferencing the presence of the parties for verification.
    The matter is kept for order on 07/10/2020.
    Next Purpose: ORDER
    Next Hearing Date: 07-10-2020
    
    Date: 07-10-2020
    Business: Adv. Yashvi Panchal for plaintiff present.
    Adv. Neel Gala for deft. nos.1 to 10 present.
    Consent terms was tendered on previous date but it was inadvertently not marked as exhibit, hence, it is marked as Exh.8.
    Adv. for plaintiff tenders the resolution of the plaintiff company dated 05.10.2020.  T.O.R.
    Counsel for the deft. nos. 1 to 10 has produced the general power of attorney executed by deft. no.1 and 3 to 10 in favor of deft. no.2 for verification with the photocopy attached to the consent terms.
    After verification, the original is handed over to the counsel for the defendants.
    Deft. no.11 Gulab Dungarshi Shah and Chhaya Gulab Shah appeared before this court. They filed an application seeking permission to sign the consent terms and they submitted before this court that they are ready to compromise the matter. Along with the application, they have filed their ID proofs.
    ORDER BELOW EXH.10
    Permission is granted to deft. no.11 to sign the consent terms.
    ORDER BELOW EXH.1 AND EXH.8
    Plaintiff and defendants have filed the consent terms.  I have verified Mr. Niraj Mansukhlal Ved, Director of plaintiff, deft. no.2 for himself and as power of attorney of deft. no.1 and deft. nos.3 to 10 and deft. no.11 Gulab Shah and Chhaya Shah.  They reiterated on verification that they agreed to terms of the consent terms (Exh.8) and prayed for passing decree in terms of the consent terms.  Hence, it is expedient to pass the following order.
    ORDER
    1.  Suit is decreed in terms of consent terms (Exh.8).
    2.  It is made clear that consent terms decree is not binding on Hemlata Pravid Nagda and Mittal Bhavin Nagda as they are not parties to the suit.
    3.   It is also made clear that the consent terms decree is not binding to the parties for proceeding with the criminal prosecution as per law.
    4.    Parties to bear their own costs.
    5.    Consent terms (Exh.8) be the part of the decree.
    6.    Pending notice of motions and applications, if any, being infructuous, are disposed off accordingly.
    ( Authenticated copy of the order be supplied to the parties. )
    Nature Of Disposal: OTHERWISE
    Disposal Date: 07-10-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 102214/2019
    Filing Date: 04-03-2019
    First Hearing Date: 18th March 2019
    Decision Date: 07th October 2020
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Oct 2020

    Order Details: Notice of Motion Pdf Text: Noting : 07.10.2020 1 C. R. No. 01 07/10/2020 Stamp No. 4101/20 Exh.3 Exh.4 CORAM : H.H.J.SHRI M. S. AZMI (C. R. NO. 01) Adv. Dharmesh Joshi for plaintiff present. Adv. Nilima for defts. present. She files vakalatnama on behalf of deft. nos.2 to 11. T.O.R. O. - Seen and filed. Pursis filed on behalf of defendants opposing the Commissioner's report. O. - Seen and filed. Ld. counsel for plaintiff tenders no objection…

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