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NOTICE OF MOTION

New Touch Cafe Pvt LtdVsDivija Mehta Leasing and Trading Pvt Ltd

CNR MHCC01002544201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 25th July 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100963/2019
Registration Date
06 Mar 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: 03-04-2019
Business: Adv.Apara Vyas for plaintiff present.
Adv.Rahul Singh for defendant tendered registered N/M.
Matter adj for reply on N/M No.963/19 on 16/04/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Adv.Aparna Vyas for plaintiff present.
Defendant and advocate absent.
Matter adj for reply on N/M No.963/19 on 10/07/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2019

Date: 10-07-2019
Business: Matter called out (04.21pm)
Adv.Karti Ojha for plaintiff present.
Adv.Pranali Raut for defendant present.
Plaintiff tendered reply on N/M No.963/19, copy submitted to the defendant.
Matter adj for hearing on N/M No.963/19 on 24/07/19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: None present.
Adv.Dinesh Bhatia for plaintiff  present.
Adv. Rahul Singh I/b Legal catalyst for defendant present.
Heard, argument on notice of motion
Matter adjd to 22.08.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: As court is on leave and board discharged and
adjd to
Next Purpose: ORDER
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Preston Dias for plaintiff present.
Adv.for defendant absent.
Matter adjd to 15.10.2019 for N.M. hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Plaintiff absent.
Defendant absent.
Adv. for plaintiff present.
Adv.Pranali Raut for defendant present.
Matter adjd to 11.11.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Court is on leave
Next Purpose: ORDER
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Business: Adv. Risha Alva for plaintiff present.
Adv.Pranali Raut for defendant present.
Matter adjd to 04.12.2019 for order.
Next Purpose: ORDER
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: COURT IS ON LEAVE
Next Purpose: ORDER
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff absent.
Adv.Pranali Raut for defendant present.
Matter adjd to 26.02.2020 for order.
Next Purpose: ORDER
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv Ms. Farthadu for plaintiff present.
Adv.Ms. Pranali Raut for defendant present.
KB. for order.
As court time is over. Hence, adjourned.
Matter adjd to 9.3.2020 for  order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: R & P not received.
As per office order no. 66/2020 Board is Discharge
Matter Adjd to 29-06-2020 for report.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2020

Date: 29-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-09-2020

Date: 22-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Already adjd to 16.12.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: None for plaintiff.
Adv.Ms. Raut  for defendant present.
Adjd to 13.01.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv.Risha Alva for plaintiff present.
None present for defendant.
Matter adjd to 27.01.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2021

Date: 27-01-2021
Business: None present for plaintiff.
Adv.Pranali Raut for defendant present.
KB
LO
Adv.Risha Alva i/b. M/s. SMA Law present and filed vakalatnama, Exh.8 on behalf of plaintiff t.o.r.
Adv.Rahul Singh for defendant present.
Matter adjd to 10.02.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: In view of notesheet submitted by the Registrar and approval of the same by the Hon\''ble P.J. dated 07.02.2019 and notesheet forwarded by the Addl. Registrar (Ms.S.S. Dhakane) dated 08.02.2021, present suit is required to be reverted back to the original Court. Therefore, the suit be removed from the list of Commercial Court matters of this Court.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: In view of the office orders the matter be placed before the new allotted Court on 20.04.2021
Next Purpose: COMPLIANCE
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 17-08-2021

Date: 17-08-2021
Business: Board is discharged matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 21-10-2021

Date: 21-10-2021
Business: Court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 02-12-2021

Date: 02-12-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2022

Date: 28-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Richa Alva I.b SHA Law Partners for plaintiff present
None for defendant.
Adjd on 08.07.2022 for Notice of Motion.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: Adv Tushar Gaikwad I/b SMA Partners for plff present
Adv Pranali Raut I/b Rahul Singh for Defendant present
Adv for the def submits that NM is taken out to refer the matter to arbitration.  Adv for the plff submits that he concedes the prayer in the NM and appropriate order may be passed.  He further submits that he is not pressing his reply to NM.
Matter is adjd on 25.07.2022 for  Order on NM
Next Purpose: NM  ORDERS
Next Hearing Date: 25-07-2022

Date: 25-07-2022
Business: Matter called out at 3.10 pm
Adv Risha Alva I/b SMA Law Partners for plff present
Adv Pranali Raut I/b Adv Rahul Singh for Defendant
K.B. for order
Later on at 4.55 pm
FRSR following order is passed in NM 963/2019
ORDER
1.  The Notice of Motion No.963 is made absolute in terms of clause (a).
2.  The Notice of Motion No.963 is disposed of accordingly.
In view of the above order in Notice of Motion No.963/2019, the dispute between the parties is referred to Arbitration. Hence following order is passed below Exh.1
ORDER
1. The plaint be returned to the plaintiff to be presented before the arbitrator.
2. The Suit No.292/2021 stands disposed off.
3. No order as to costs.
Nature Of Disposal: ALLOWED
Disposal Date: 25-07-2022

Additional Case Details

Additional Case Details
Filing Number: 102732/2019
Filing Date: 06-03-2019
First Hearing Date: 03rd April 2019
Decision Date: 25th July 2022
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
25 Jul 2022

Order Details: Notice of Motion Pdf Text: Order in NM 963 of 2019 in Suit No.292/2021. MHCC010025442019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 963 OF 2019. IN Short Cause Suit No.292 of 2021. Divija Mehta Leasing and Trading Pvt. Ltd & Anr … Applicant (Defendants) In the matter between New Touch Cafe Pvt. Ltd. …Plaintiff V/s. Divija Mehta Leasing and Trading Pvt. Ltd and Anr. ...Defendants Appearance: Adv. Tushar Gaikwad i/b SMA Partners for…

Read Full Order

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