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NOTICE OF MOTION

Dhirajlal Jamnadas SanghaviVsShri Anup Gupta

CNR MHCC01002579202032-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd September 2021

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100952/2020
Registration Date
29 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: 21-03-2020
Business: Due to corona virus board is discharge.
Adv.Dipak Mane for defendant present.
Matter is adj to 06/05/2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Business: None present.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: Moved by precipe (Exh-9)
Adv.Nasim Khan for defendant present.
Defendant register N/M along with affidavit in support defendant undertake to serve the copy of N/M upon the plaintiff.
Matter is adj to 23/10/2020 for N/M reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2020

Date: 23-10-2020
Business: Matter called out(11.49am)
Adv.Nasim Khan for defendant present.
Adv. defendant tendered service affidavit with respect to N/M No.952/2020. T.O.R
Due to Covid-19 none appeared for the plaintiff.
Hence, matter is adj to 04/12/2020 for N/M reply of plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: Matter called out(2.21pm)
Plaintiff and his advocate absent.
Adv.Nasim Khan for defendant present.
Matter is adj to 30/01/2021 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-01-2021

Date: 30-01-2021
Business: Plaintiff and advocate absent.
Adv for defendant present.
Matter adjd for N.M. hearing on 24/03/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2021

Date: 24-03-2021
Business: Adv Rajendar Singh for plaintiff present. He requested adjournment.
Adv for defendant present.
Matter adjd for N.M. reply on 11/06/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Business: Due to Covid-19 Matter adjd. to 1.7.2021 for N.M.reply rejoinder.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-07-2021

Date: 01-07-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases, Adjd to 12.07.2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Adv. Deepak Mane for defendant.
As Court is busy in dictating Order in Commercial Suit No.1075/2021. Hence,  Matter is adjd to  02.08.2021 for reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-08-2021

Date: 02-08-2021
Business: None present for plaintiff.
Adv. Dipak Mane for defendant present.
K.b
L.O.
Heard adv for defendant on n/m 952/2020.
Adjd for plaintiff\''s argument on n/m to 12/08/2021.
L.O.  at 12.35 pm
Adv. Vijay Yadav for plaintiff present. He sought time for argument.
Adjd for plaintiff\''s argument on n/m to 12/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021

Date: 12-08-2021
Business: Adv. Vijay Yadav for plaintiff present.
Adv. Ms. Kasim Khan for defendant present.
K.B.
L.O. at 2.45 p.m.
Adv.Rajender Singh Saluja for plaintiff present.
Heard arguments of Adv. for plaintiff.
K.B. for order on NM No.952/2020.
L.O. at 4.00 p.m.
      While perusing the proceeding, it is noticed that, N/M No.952/2020 is filed for condonation of delay in filing the written statement.  The defendant also had taken out an application at Exh.07 under Order 9, Rule 7 for setting aside ex-parte order dated 30.04.2019. The plaintiff has filed reply to this application but has not filed reply to N/M No.952/2020.  Whether the plaintiff wants to same reply to be treated as his reply to NM No.952/2020 is not made clear. Even that application under Order 9, Rule 7 should have been registered as Notice of Motion. Hence, regarding these technical difficulties, both parties to make submission and make compliance necessary to dispose off the notice of motion and the application Exh.07.
Matter adjd to 20.08.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-08-2021

Date: 20-08-2021
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 23-09-2021

Date: 23-09-2021
Business: Adv.Rajender Singh for plaintiff present.
Adv.Naseem Khan for defendant present.
The plaintiffs advocate submits that reply filed at Exh.8 shall be treated as reply to NM.
Argument is already heard. KB for Order on NM No.952/20.
LO at 04.30 pm
F.R.S.R. the following order is passed
ORDER ON NM NO.952/2020
1. Notice of Motion No.952 of 2020 is allowed, subject to costs of Rs.2,000/-(Rupees Two Thousand Only).
2. The delay in filing written statement is condoned.
3. The costs shall be paid to the plaintiff on or before next date.
4. The order dated 30.04.2019 directing the suit to proceed ex-parte is set aside.
5.After compliance of order as to payment of costs, the defendant is allowed to file written statement on record.
6. The Notice of Motion No.952 of 2020 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-09-2021

Additional Case Details

Additional Case Details
Filing Number: 102908/2020
Filing Date: 29-02-2020
First Hearing Date: 21st March 2020
Decision Date: 23rd September 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1Full order available
23 Sept 2021

Order Details: Notice of Motion Pdf Text: .. 1.. MHCC010025792020 IN THE CITY CIVIL COURT FOR GR. BOMBAY AT MUMBAI NOTICE OF MOTION NO.952 OF 2020 IN COMMERCIAL SUIT NO.459 OF 2021 Dhirajlal Jamnadas Sanghavi ] An adult, Indian inhabitant of Mumbai, ] Age75 yrs.Occ: Business, ] Proprietor of D.Jamandas &Co. ] Having its office situated at 1st floor, ] 207 Samuel Street, Masjid Bunder (W), ] Mumbai400003 ]....Plaintiff V/s Shri Anup Gupta ] An adult Indian inhabitant of Mumbai…

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