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NOTICE OF MOTION

Maruti Shankar Vairal - Summery Suit no. 296/2019VsArun Suresh Gaikwad

CNR MHCC01002483202015-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 28th September 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100914/2020
Registration Date
28 Feb 2020

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: 04-03-2020
Business: By preceipe
Adv. Pushpa Goswami for plaintiff
Adv.A.B.Jain Jain for defendant filed registered NM 914/20 @ affidavit.
The advocate for defendant submitted that salary of the defendant is being attached in Execution process. He requested for grant of stay to the execution process. This court must note that on last date i.e. 25-02-2020 the matter was taken on board on the request of the defendant by preceipe. On same date the defendant had filed Draft NM. It was served to the plaintiff and the matter was adjourned to 11-06-2020 for reply of the plaintiff to the NM. The defendant or his advocate did not at all mention or pressed for grant of stay on that day i.e. on 25-02-2020. Today when the defendant\''s advocate submitted that salary of the  defendant is under attachment and therefore it should be stayed, this court asked the plaintiff\''s advocate about the details of the amount for which the suit has been decreed, what amount has been till date deposited or attached from the salary, what is the principal amount and what would be the amount towards interest. The plaintiff\''s advocate replied that at present she does not have the brief of the matter. Then this court asked as to the approximate amount. The plaintiff\''s advocate replied that principal amount was Rs.60,000/-. She also submitted that interest at the rate of 18 p.p.a. has been granted on the principal amount. She submitted that amount of Rs.75000/- may have been attached till date but she cannot say it with assurance as the papers are not with her. The advocate for defendant submitted that the amount about Rs.70,000/- has been attached. Considering this background when this court told the plaintiff\''s advocate to file the reply on 14-03-2020, she submitted that date cannot be preponed. It is true that the defendant definitely committed a mistake on last date i.e. on 25-02-2020  by not pressing or not mentioning for the stay of execution. However, today he is requesting for the same. Considering the above noted background as to the amount that may have been attached from the salary of the defendant and that further attachment is still in process, it is just and proper to prepone the date. The Ld advocate for plaintiff requested to fix the date of 31-03-2020 instead of 14-03-2020 for filing of reply of NM.
Hence, the matter is adjd to 31-03-2020 for reply
Next Purpose: REPLY
Next Hearing Date: 31-03-2020

Date: 31-03-2020
Next Purpose: REPLY
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 31-10-2020

Date: 31-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: None present
Adjd to 28-04-2021
Next Purpose: REPLY
Next Hearing Date: 28-04-2021

Date: 28-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 10-07-2021

Date: 10-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv Pushpa Goswami for the DH present
She filed reply to NM No.914/2020 TOR O- copy to serve other side
Matter is adjd to 03.09.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2021

Date: 03-09-2021
Business: Adv Ms.Pushpa Goswami present for the plaintiff/DH.
CA of plaintiff present.
None present for the defendant.
ORDER
Lrd. advocated for the plaintiff argued her side. Matter be kept Back in afternoon session for argument of defendant.
LO
None present for the defendant. On next date if defendant fails to argue the matter. NM be posted for order.
Matter is adjd to 18.09.2021 for NM hearing/order.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2021

Date: 18-09-2021
Business: CA of DH present.
His advocate absent.
None present for JD.
KB
LO
None present.
Hence, NM is posted for order.
Matter is adjd to 28.09.2021 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-09-2021

Date: 28-09-2021
Business: None present for both parties.
FRSR following order is passed.
ORDER
NM No.914/2020 is dismissed with costs.
NM No.914/2020 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 28-09-2021

Additional Case Details

Additional Case Details
Filing Number: 102662/2020
Filing Date: 28-02-2020
First Hearing Date: 04th March 2020
Decision Date: 28th September 2021
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
28 Sept 2021

Order Details: Notice of Motion Pdf Text: 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.914 OF 2020 (CNR NO.MHCC010024832020) IN SUMMARY SUIT NO. 296 OF 2019 MR. MARUTI SHANKAR VAIRAL ].. Plaintiff. V/s. ARUN SURESH GAIKWAD ]..Defendant None present for the Defendant. Advocate Ms. Pushpa Goswami for the plaintiff. CORAM : HIS HONOUR JUDGE SHRI VIDYADHAR B. KAKATKAR (C.R.No.15). DATE : 28TH SEPTEMBER 2021 ORDER The Notice of Motion is filed by the defendant for…

Read Full Order

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