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NOTICE OF MOTION

Mr. Amar Jairam GeraVsAmol Ajit Pandit And Ors

CNR MHCC0100252520191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 06th July 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100951/2019
Registration Date
05 Mar 2019

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: 22-03-2019
    Business: On request of Adv. for defendant, matter is adjd. to.12.04.2019  for Reply to CS and NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-04-2019
    
    Date: 12-04-2019
    Business: Matter is adjd. to. 27.04.2019 for hearing on N/M No.951/19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-04-2019
    
    Date: 27-04-2019
    Business: Matter wrongly shown on holiday dt.27.04.2019, Hence Matter is adjd. to.07.06.2019  for N.M. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: As court busy in time bound Misc appeal 114/19 to 130/19.
    Matter is adjd. to. 05/07/2019 for Report of service Ch/s and reply.
    Next Purpose: REPORT
    Next Hearing Date: 05-07-2019
    
    Date: 05-07-2019
    Business: Adv. Sing for plff present.
    Adv. Jadhav for D/1 and 2 present.
    Adv for the plff closed envelopment returned by the postal authority  with endorsement Intimation Unclaimed  it indicated from the Ch.s that the respondent alongwith respondent how taken the possession . It will be to the respondent or making the application send  thorough bailief.
    Matter is adjd. to.22.07.2019  for Compliance.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-08-2019
    
    Date: 30-08-2019
    Business: Court is vacant, hence board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Adjd for Ch/s Hearing to 28.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adjd for hearing on N/M No.951/19 to 13.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Court is vacant, hence board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Business: As per office order no.7742020 dated 15.4.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    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: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: Due to heavy rain, holiday is declared and the matter is adjourned to 24.09.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 08.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Adv. Shailesh Pal for plaintiff present.
    None present for Defendant.
    Additional affidavit in support and Notice of Motion filed by plaintiff t.o.r.
    The matter is adjd for Counter affidavit if any by the defendant and for hearing on N/M  to 04.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Adv. Pal for plaintiff present.
    Adv. Jadhav for defts. present.
    Ld. counsel for defts. submitted that he has received the copy of the additional affidavit filed by the plaintiff and seeks time to respond to it.  He also submitted that the deft. no.2 Arti passed away on 13.06.2020.  The counsel for deft. to file death certificate of Arti on record and to provide the details of legal heirs to the counsel for plaintiff.
    The matter is adjd for steps by the plaintiff, if within limitation and for filing of reply to additional affidavit by deft. to 08.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Tripathi for plaintiff present.
    Adv. Jadhav for deft. present.
    Ld. counsel for plaintiff seeks time to take steps to bring the L.R.\''s of deft. no.2 on record.  Granted, if within limitation.
    The matter is adjd for steps to 17.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Adv. Pal for plaintiff present.
    Adv. Jadhav for defts. present.
    Draft Ch/sum tendered by counsel for plaintiff.  Leave is granted to register.
    Say filed by Adv. for defts.
    ORDER ON DRAFT CH/SUM
    Heard.  By this Ch/sum, plaintiff wish to bring legal heirs of deft. no.2 on the record by deleting the deft. no.2.  It is the contention of plaintiff that deft. no.2 expired on 13.06.2020.  During that period, Courts were only taking urgent matters and were not working regularly.  He would submit that the plaintiff was not aware about the death of deft. no.2 and came to know about the same on 04.01.2021 when the counsel for defts. informed about the death of deft. no.2 and provided the names of legal heirs and their address. He therefore submits that the Ch/sum be allowed.
    The counsel for defts. submitted that he submit to the order of the Court.
    The Ch/sum appears to have been brought within limitation from the date of knowledge to the plaintiff. There is no impediment in considering this Ch/sum. Hence, it is expedient to pass the following order.
    ORDER
    1.  Draft Ch/sum is made absolute in terms of prayer clause (a).
    2.   Plaintiff to carry out the amendments within a period of two weeks from today and to furnish copy of the amended plaint on the record and also to supply it to the defendants.
    3.    After incorporation of the amendment, plaintiff to serve writ of summons to newly added defendants.
    4.    Draft Ch/sum be registered for statistical purposes.
    The matter is adjd for compliance to 10.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Adv. Pratap Singh for plaintiff present.
    Adv. Abhishek Jadhav for defts. present.
    Registered disposed off Ch/sum no.308/21 tendered by counsel for plaintiff.  T.O.R.
    The plaintiff has complied the order in Ch/sum.
    Ld. counsel for plaintiff undertakes to supply copy of amended plaint on record on next date.  Ld. Counsel for plaintiff supplied the copy of amended plaint to counsel for the defendants.
    The deft. nos.1 and 2 failed to file written statement within the mandatory period hence suit to proceed without written statement of deft. nos.1 and 2.
    The matter is adjd for written statement of deft. nos.3 and 4 and reply of deft. nos.3 and 4 to N/M to 29.04.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to COVID-19, the matter is adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Mr.Pal h/f Nitin Borale for plaintiff present.
    Adv.Anand Jadhav for defendant present.  He filed Draft N/M alongwith W/S.  Copy served to other side.
    O- Leave granted to register.
    Matter adjd for N/M hearing on 17/09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2021
    
    Date: 17-09-2021
    Business: Adv. Parash Vira for plaintiff is present.
    Adv. A.J. Jadhav for defendant is present.
    Adv. Vira for plaintiff filed V/P t.o.r marked as Exh.5.
    KB LO at 4. p.m.
    Adv.for defendant tendered original registered NM No.2097/21. T.O.R.
                   Order below NM No. 2097/21
    Perused the notice of motion which is supported by an affidavit. Also perused the reply. Heard both the sides. It is submitted that the written statement is ready in all respect and can be filed on record today itself. Considering the reasons, mentioned in para no. 4 to 8 of the affidavit, in my opinion an opportunity should be granted to the defendants to contest the suit on merits. Hence, in the interest of Justice I pass the following order-
                                          ORDER
    Notice of Motion No. 2097/21 is allowed and made absolute interms of prayer clause (a) and (b) with a direction that the defendant shall file the written statement today only on record and shall serve the copy to the Adv.for the defendant. Notice of Motion is disposed of accordingly.
    Adv.for defendant filed written statement on record t.o.r marked as Exh.6.
    Copy served upon the defendants.
    Adv.for the defendant has submitted that his written statement considered as reply to NM No.951/19.
    Adv.for plaintiff has filed the certified copy of order in Misc. Appeal No. 174/21 passed by Small Causes Court dtd. 08.09.2021 t.o.r marked as Exh.7.
    Copy served to other side.
    In view of the said order the Ld. Adv.for the plaintiff has not pressed the prayer clause(a) of NM No. 951/19.
    The matter is kept for hearing on prayer clause (b) only of NM No. 951/19.
    Matter adjd for NM hearing on 15.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: P.O. is on leave. Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: Adv. Parasmira for pltff present.
    Adv. Jadhav for deft present.
    Advocate for pltff filed an additional affidavit in support of notice of motion.
    The advocate for deft has submitted that he wants to seek instructions and comment upon the additional affidavit filed by the pltff.  On oral request of adv for deft
    Matter is adjd to 22/12/2022 for further hearing on NM No. 951/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: P.O.is on leave.
    Matter adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: As per Office Order No. \\\''07 of 2022\\\'' and \\\''03 of 2022\\\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 18/02/2022 for NM for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Paras Veera for pltff present.
    Adv. Abhishekh Chaturvedir for deft present.
    On oral request of adv for deft by way of last chance, Matter is adjd to 26/04/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: CORAM : HHJ KISHORE M. JAISWAL, JUDGE, CITY CIVIL COURT,GR.MUMBAI (C.R.NO.1)
    Adv. Paras Vira for plaintiff present.
    Adv. A.K.Jadhav for defendant present.
    Matter is adjd to 20/06/2022 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Paras Vira for plaintiff is present.
    Adv. A.K. Jadhav for defendant is present.
    KB LO at 4.00 p.m.
    The Ld. Adv. Shri. Vira make a submissions that he is not going to press prayer clause (a) and (c) of the NM. Heard both the sides on in respect of prayer clause (b). Matter is adjourned for order.
    Matter adjd to 06.07.2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 06-07-2022
    
    Date: 06-07-2022
    Business: Adv. Paras Vira for plaintiff is present.
    Adv. Jadhav for defendant is present.
    F.R.S.R. following order is passed on NM NO. 951/19.
                                         ORDER
    Notice of motion no. 951/19 is rejected.
    Notice of motion is disposed of accordingly.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 06-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101923/2019
    Filing Date: 05-03-2019
    First Hearing Date: 22nd March 2019
    Decision Date: 06th July 2022
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Jul 2022

    Order Details: Notice of Motion Pdf Text: 1 Ord. in NM no.95119 in Suit no.210 of 2019 MHCC010025252019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER IN NOTICE OF MOTION NO.951 OF 2019 CNR NO.MHCC010025252019 IN SUIT NO.210 OF 2019 Mr. Amar Jairam Gera ...Plaintiff V/s Mr. Amol Ajit Pandit & Ors. ....Defendants. CORAM : HIS HONOUR JUDGE SHRI VIRENDRA D. KEDAR (COURT ROOM NO.01) DATE : 6TH DAY OF JULY, 2022 : Appearance: Adv. Paras Vira for the…

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