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NOTICE OF MOTION

Milagres Anand Castelino - Suit St. No.2036 of 2019VsKumar Pribhdas Jaising

CNR MHCC0100254020193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 18th December 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100961/2019
Registration Date
06 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: 20-04-2019
    Business: Adv. Manoj Agiwal for plaintiff present and tendered original notice of motion no. 961/2019 along with affidavit and filed affidavit of service in NM no. 961/2019.
    Defendant in person present and seeks time to file reply in the NM no. 961/2019. He seeks time on the ground that his Adv.  Ms. Preeti Shah is not available.
    Matter was sent to mediation. The defendant in person submits that he does not wish to go for mediation.
    Matter adj. for NM Hearing to 03.05.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Adv. Manoj Agiwal for plaintiff present and filed rejoinder in NM no. 961/2019.
    Adv. Irale for defendant present and filed VP on  behalf of defendant. He also filed reply in NM no. 961/2019.
    Heard Ld. Counsel for plaintiff partly in NM No.961/2019. He has pointed out the paragraph no.17 of reply filed by defendant wherein it is stated that he has no assets or properties in his name. The Ld. Counsel for plaintiff has pointed out paragraph no. 10 of his rejoinder wherein he has given list of movable and immovable assets allegedly belonging to defendant. In view of the positive assertion made by defendant in his reply, the defendant is directed to file additional affidavit in respect of the list of assets mentioned in paragraph no.10 of the rejoinder. If the defendant is disputing the list of assets mentioned in the said paragraph, the defendant shall file latest Income Tax Returns along with his affidavit.
    Matter adj. for Compliance and further arguments in NM no. 961/2019 to 29.06.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-06-2019
    
    Date: 29-06-2019
    Business: The court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: By praecipe matter is taken on today\''s board.
    Adv. Manoj Agiwal for plaintiff present.
    Heard Ld. counsel for plaintiff. He submitted that as per roznama matter is posted on 28.08.19. There is urgency in the matter regarding hearing NM no. 961/19. Hence, prayed for preponing the date to 15.07.19. He undertook to inform the other side.
    In view of the above, hearing of NM 961/19 is preponed as prayed with the direction to counsel for the plaintiff to inform the other side through counsel.
    Matter preponed to 15.07.19 for hearing on NM .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: Adv. Agiwal for plaintiff present.
    Adv. Irale for defendant present and filed affidavit in rejoinder to NM 961/19.
    Heard both sides. It is submitted by the counsel for the defendant that plaintiff is a senior Citizen and therefore present matter may be transferred to Cr No. 9 were the other connected matter is pending.
    The above request is opposed by the counsel for the plaintiff on the ground that present suit has been file as a commercial suit. All the matters of senior citizens, except commercial suit, has been assigned to the special court. Ld. counsel for plaintiff also filed his affidavit of service. It is taken on record.
    In view of the above submissions made bofore this court, Matter stands Adj for hearing on NM to 06.08.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv.Agiwal for plff.present.
    Adv.Irle for deft.present.
    By consent matter stands Adj for N/m hearing on 27.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Adv Agiwal for plaintiff present.
    Adv Ravi Irle for defendant present.
    Ld counsel for the deft sought an adjournment it is opposed by the counsel for plff. He pressed for early hearing. After hearing  both sides, by consent of parties adjournment granted.
    Matter is adjd to 17/09/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Agiwal for plaintiff present.
    Adv. Priti Shah for defendant present.
    On oral request of Ld. counsel for defendant, Matter stands Adj for NM hearing to 03.10.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Irale for defendant present.
    Heard both sides.
    Ld. counsel for defendant requested for adjournment. It is opposed by the Ld. counsel for plaintiff.
    After hearing both the sides, last chance granted to the defendant for arguments on NM.
    Matter stands Adj for NM hearing to 18.10.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2019
    
    Date: 18-10-2019
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Irale for defendant present.
    Heard both sides. Ld. counsel for defendant seeks adjournment on the ground that senior advocate is engaged in hearing before the Hon\''ble High Court.
    Ld. counsel for plaintiff strongly opposed the above request. Ld. counsel for plaintiff submitted that if the court is inclined to grant the adjournment, some cost may be imposed.
    After hearing both sides, I find that on the earlier date last chance is granted to the defendant. Hence, adjournment granted as extremely last chance subject to cost of Rs. 500/- to be complied on or before next date. On oral request of the Ld. counsel for plaintiff priority is given to this matter.
    Hence, Matter stands Adj for NM hearing to 13.11.2019 at 1.00 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Agiwal for plaintiff present.
    Adv. Priti Shah for defendant present.
    Partly Heard both sides on NM no. 961/19.
    Matter stands Adj for further hearing to 14.11.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Agiwal for plaintiff present.
    Adv. Priti Shah for defendant present.
    Heard both sides on NM no. 961/19.
    Ld. counsel for plaintiff submitted that the defendant has been served with the writ of summons long back but, has not filed WS within time. Ld. counsel for defendant submitted that let the court pass orders on the NM. The defendant is ready to file WS, if time is extended by the court. she prayed for eight weeks time to be extended. Ld. counsel for plaintiff has no objection for extension of time as prayed. Hence, extension of eight weeks time granted for filing WS by consent of parties.
    Matter stands Adj for order on NM no. 961/19 to 02.12.19.
    Next Purpose: ORDER
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Adv. Agiwal for plaintiff present and filed original NM no.  4476/19 along with affidavit.
    Adv. Irale for defendant present.
    Matter stands Adj for order on NM 961/19 to 10.12.2019.
    Next Purpose: ORDER
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Agiwal for plaintiff present.
    Adv. Irale for defendant present.
    Court is busy in dictating order in st. no. 12457/19.
    Matter stands Adj for Order on NM no. 961/19 to 12.12.2019.
    Next Purpose: ORDER
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. Agiwal for plaintiff present.
    Defendant present.
    Adv. Irale for defendant present.
    Court is busy in Recording Evidence in Suit no. 2608/13.
    Matter stands Adj for order on NM no. 961/19 to 18.12.2019
    Next Purpose: ORDER
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Plaintiff present in person and her advocate absent.
    Defendant present.
    Adv. Ravi Irle for defendant present.
      FRSR following order is passed below
                                      ORDER
    1.    Notice of Motion no. 961/19 is hereby dismissed and disposed of accordingly.
    
    2.       Suit to proceed further for filing of WS by defendant within extended time and filing of reply affidavit by the defendant to NM no. 4476/19.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-12-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102548/2019
    Filing Date: 06-03-2019
    First Hearing Date: 20th April 2019
    Decision Date: 18th December 2019
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Dec 2019

    Order Details: Notice of Motion Pdf Text: 1 N/M 961/19 (Suit 1337/19) IN THE BOMBAY CITY CIVIL COURT, AT MUMBAI NOTICE OF MOTION NO.961/2019 (CNR No.MHCC010025402019) IN S .C. SUIT NO.1337/2019 Milagres Anand Castelino ..Plaintiff V/s. Kumar Pribhadas Jaising ..Defendant Appearance: Adv. Mr. Manoj Agiwal for plaintiff. Adv. Ms Preeti Shah @ Adv. Mr. Irale for defendant. CORAM : HHJ Shri V.V Vidwans C. R. No.03. DATE : 18.12.2019. ORAL ORDER 1. This Notice of Motion (N/M) is taken out…

    Read Full Order

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