Skip to main content
NOTICE OF MOTION

Prashant@Bittu Sureshbhai ShahVsPrashant Suresh Gupta and Ors.

CNR MHCC01002631202032-COURT 32 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 21st March 2025

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
100962/2020
Registration Date
02 Mar 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: 16-03-2020
Business: Adv. Neha Pandey for plaintiff present.
Adv. for plaitniff tendered NM 962/2020.  Said NM is taken out on 24/2/2020 but failed to serve NM to the other side.  Plaintiff is directed to serve NM to the other side otherwise NM stand dismissed without hearing.
Matter adjd to 3/4/2020 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-08-2020

Date: 29-08-2020
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-09-2020

Date: 18-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-11-2020

Date: 03-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  11/11/ 2020 for N/M reply/rejn.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 01.12.2020 for N/M reply/rejoinder.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-12-2020

Date: 01-12-2020
Business: Advocate for plaintiff absent.
Advocate for defendant absent.
Matter adjd to  10.12.2020 for NM Reply/Rejoinder.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None for plaintiff.
None for defendant.
Adjd to 21.12.2020 for NM replyrejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-12-2020

Date: 21-12-2020
Business: Adv.Vivek Sharma for plaintiff present.
None for defendant.
Adv. for plaintiff tendered adjournment application - allowed.
Matter adjd to 13.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv.Sachin Suware h/f. Adv.R.R. Varma for plaintiff present.
None present for defendant
Matter adjd to 10.02.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Both parties and their advocates are absent.
Matter adjd to 09.03.2021 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2021

Date: 09-03-2021
Business: Adv.Sachin Suvare for plaintiff present.
None present for defendant.
Plaintiff had filed affidavit of service of notice of motion, Exh.2 t.o.r.
The notice of motion served on defendant No.1 and 3.
Defendant No.2 not served. Plaintiff to take steps to serve.
It needs to be mentioned that suit summons not served on the defendant.
Matter adjd to 16.03.2021 for order against plaintiff.
Next Purpose: ORDER
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv.R.R. Varma for plaintiff present.
None present for defendant.
Application for extension of time, Exh.3 filed by Adv. of plaintiff t.o.r. O-filed.
Ld.Adv.prays for the issuance of suit summons to the defendant.
Matter adjd to 06.04.2021 for service report.
Next Purpose: REPORT
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: Adv.Sachin Suware h/f.Adv.R.R. Varma for plaintiff present.
None present for defendant.
Matter adjd to 05.05.2021 for await summons report.
Next Purpose: REPORT
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Business: Due to Covid-19 pandemic, matter adjourned to 19.06.2021.
Next Purpose: REPORT
Next Hearing Date: 19-06-2021

Date: 19-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPORT
Next Hearing Date: 13-08-2021

Date: 13-08-2021
Business: Adv.Sachin Suware h/f.Adv.R.R. Varma for plaintiff present.
None present for defendant.
Adv. of plaintiff orally requested date.
Matter adjd to 04.09.2021 for report.
Next Purpose: REPORT
Next Hearing Date: 04-09-2021

Date: 04-09-2021
Business: Adv.Sachin Suware h/f. Adv.R.R. Varma for plaintiff present.
None present for defendant.
Adv. for the plaintiff filed service affidavit, Exh.4 a/w. fresh original writ of summons t.o.r.
Matter adjd to 29.09.2021 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 01.33 pm
Adv.Sachin Suware h/f.Adv.R.R.Varma for plaintiff present.
Matter adjd to 18.11.2021 for steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-11-2021

Date: 18-11-2021
Business: None present for plaintiff.
None present for defendant.
KB
LO at 12.51 pm,
Adv.Sachin Suware h/f.Adv.R.R. Varma for plaintiff present.
Report is awaiting. Adjd to 13.12.2021 for filing service affidavit.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: HHJ is on leave.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-01-2022

Date: 14-01-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 6.1.2022, matter adjd to 11.02.2022 for affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Business: None present for plaintiff.
None present for defendant.
In view of SOP dated 06.01.2022, matter adjd to 15.03.2022 for filing affidavit of service.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. Sachin Suware  h/f Adv. R. R. Varma present for plaintiff.
None present for defendant.
Plaintiff filed service affidavit in NM No.962/2020. t.o.r. and marked as exh.5 (Colly).
Matter adjd to 18.04.2022 for steps for service of suit summons.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 18-04-2022

Date: 18-04-2022
Business: Adv.Sachin Suware h/f.Adv.R.R.Varma for plaintiff present.
None present for defendant.
The plaintiff requested time for filing chamber summons for paper publication.
Matter adjd to 16.06.2022 for filing chamber summons.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: Adv Sachin Suware h/f Adv R R Varma present for plaintiff.
None present for defendant.
Adv of plff requested for time to file Ch/s for substitute service of summons on deft. O-Granted as a last chance.
Matter adjd to 19.07.2022 for Ch/s and NM No.962/2020.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 19-07-2022

Date: 19-07-2022
Business: Adv. Sachin Suware h/f R. R. Varma Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper. Record shows that suit summons were issued to defts by RPAD but with returned unserved. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendants by way of publication in newspaper as prayed.
2. Simultaneously plaintiff shall serve suit summons on defendants by pasting it on the door of the defendants.
3. Chamber summons be registered for statistical purposes.
Adj. For Affidavit of service of suit summons and NM 962/20 on 30/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2022

Date: 19-07-2022
Business: Adv. Sachin Suware h/f R. R. Varma Present for Plff.
None Present for Deft.
Adv of plff filed draft CS along with affidavit for substitute service of suit summons on deft by way of publication in newspaper. Record shows that suit summons were issued to defts by RPAD but with returned unserved. Thus, Chamber Summons for substitute service is allowed as under.
1. Suit summons be served on defendants by way of publication in newspaper as prayed.
2. Simultaneously plaintiff shall serve suit summons on defendants by pasting it on the door of the defendants.
3. Chamber summons be registered for statistical purposes.
Adj. For Affidavit of service of suit summons and NM 962/20 on 30/08/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: Adv. Sachin Suware h/f Adv. R. R. Varma Present for Plff.
None Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 23/09/2022 for Affidavit of service of NM 962/20.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2022

Date: 30-08-2022
Business: Adv. Sachin Suware h/f Adv. R. R. Varma Present for Plff.
None Present for Deft.
As per officer order No. 179 of 2022 dt. 26/08/2022 PO is busy in Online special programme on “ Speedy disposal ” for Commercial Court Judges conducted by Maharashtra Judicial Academy, Uttan Thane. Hence matter adj. To 23/09/2022 for Affidavit of service of NM 962/20.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Ex.06- Adv of plff has filed application for extension of time for service of writ of summons and NM . Granted.
Adj. For Service of suit summons and Service affidavit of NM 962/20 on 05/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2022

Date: 23-09-2022
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Ex.06- Adv of plff has filed application for extension of time for service of writ of summons and NM . Granted.
Adj. For Service of suit summons and Service affidavit of NM 962/20 on 05/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 05-11-2022

Date: 05-11-2022
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Adf of plff contended that suit summons published newspaper but he has not received copy of original newspaper from Kanpur and Gurgaon, hence time be granted for service affidavit. Granted.
Adj. For Service affidavit NM 962/20 on 22/11/2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-11-2022

Date: 22-11-2022
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Ex.07- adv of plff has filed service affidavit along with copy of newspaper publication dt.31/10/2022 in respect of suit summons.
As per service affidavit Ex.02 the deft no.1 and 3 are served with NM on 01/02/2021 but notice of NM sent to deft no.2 returned unserved as he left the address.
Adj. For Steps regarding service of NM 962/20 on deft no.2 and Order against deft in respect of main suit on 03/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2022

Date: 22-11-2022
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Ex.07- adv of plff has filed service affidavit along with copy of newspaper publication dt.31/10/2022 in respect of suit summons.
As per service affidavit Ex.02 the deft no.1 and 3 are served with NM on 01/02/2021 but notice of NM sent to deft no.2 returned unserved as he left the address.
Adj. For Steps regarding service of NM 962/20 on deft no.2 and Order against deft in respect of main suit on 03/12/2022.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-12-2022

Date: 03-12-2022
Business: Adv. Sachin Suwar h/f Adv. R. R. Varma Present for Plff.
None Present for Deft.
As per service affidavit Ex.07 deft no.1 to 3 are served with suit summons on 31/10/2022 but they did not appear. Hence suit be proceeded ex-parte against them.
Adj. For Steps regarding NM 962/22 on Ex-parte evidence on 05/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2023

Date: 03-12-2022
Business: Adv. Sachin Suwar h/f Adv. R. R. Varma Present for Plff.
None Present for Deft.
As per service affidavit Ex.07 deft no.1 to 3 are served with suit summons on 31/10/2022 but they did not appear. Hence suit be proceeded ex-parte against them.
Adj. For Steps regarding NM 962/22 on Ex-parte evidence on 05/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 05-01-2023

Date: 05-01-2023
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Today case is for ex-parte evidence and for taking steps regarding service of NM on deft. Plff has not adduced evidence and not taken steps regarding NM. Adv of plff contended that he will be file evidence on next date.
Adj. For Ex-parte evidence and Steps regarding NM 962/20 on 25/01/2023.
LO 1.45.
Adv. Bhusan Lahane Present for Deft no.1.
Exh.8- VP filed by Adv. Bhusan Lahane on behalf of deft no.1. however matter is already proceeded ex-parte against deft no.1 to 3.
Adj. For Ex-parte evidence and Steps regarding NM 962/20 on 25/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2023

Date: 05-01-2023
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Today case is for ex-parte evidence and for taking steps regarding service of NM on deft. Plff has not adduced evidence and not taken steps regarding NM. Adv of plff contended that he will be file evidence on next date.
Adj. For Ex-parte evidence and Steps regarding NM 962/20 on 25/01/2023.
LO 1.45.
Adv. Bhusan Lahane Present for Deft no.1.
Exh.8- VP filed by Adv. Bhusan Lahane on behalf of deft no.1. however matter is already proceeded ex-parte against deft no.1 to 3.
Adj. For Ex-parte evidence and Steps regarding NM 962/20 on 25/01/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: Adv. Sachin Suware I/b R. R. Varma Present for Plff.
None Present for Deft.
Adv of plff seeks time for adducing evidence and steps regarding NM.
Adj. For Ex-parte evidence and Steps regarding NM 962/20 on 18/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2023

Date: 25-01-2023
Business: Adv. Sachin Suware I/b R. R. Varma Present for Plff.
None Present for Deft.
Adv of plff seeks time for adducing evidence and steps regarding NM.
Adj. For Ex-parte evidence and Steps regarding NM 962/20 on 18/02/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing evidence on the ground that plff it not felling well . Granted.
Adj. For Ex-parte evidence and steps regarding NM 962/20 on 13/03/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-03-2023

Date: 18-02-2023
Business: Adv. R. R. Varma Present for Plff.
None Present for Deft.
Adv of plff seeks time for filing evidence on the ground that plff it not felling well . Granted.
Adj. For Ex-parte evidence and steps regarding NM 962/20 on 13/03/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 13-03-2023

Date: 13-03-2023
Business: Adv. Sachin Suware h/f Mr. R.R. Varma for plff present.
None for deft.present.
KB LO at 12.30 p.m.
Exh.9 Adv.of plaintiff has filed application for time to adduce evidence. Granted.
Case adjd for ex-parte evidence to 12.04.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Adv. Sachin Suware h/f R. R. Varma Present for Plff.
None Present for Deft.
Exh.10 - Adv of plff has filed application for on the ground that plff sustained fracture injury. Adj. Granted.
Adj. For Ex-parte evidence and Steps in respect of NM 962/20 on 15/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2023

Date: 12-04-2023
Business: Adv. Sachin Suware h/f R. R. Varma Present for Plff.
None Present for Deft.
Exh.10 - Adv of plff has filed application for on the ground that plff sustained fracture injury. Adj. Granted.
Adj. For Ex-parte evidence and Steps in respect of NM 962/20 on 15/06/2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 15-06-2023

Date: 15-06-2023
Business: 15.06.2023
1
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 384/2020 @ NM 962/2020
Exh 11
Adv. R.R. Varma for plaintiff present.
Exh 11 – Adjd. application filed by Ld. Adv. of plaintiff.
Order- Adjd. granted as last chance. Application disposed off.
Adjd to 10/07/2023  for Ex-parte evidence and steps in respect of NM 962/2020
								Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2023

Date: 15-06-2023
Business: 15.06.2023
1
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit 384/2020 @ NM 962/2020
Exh 11
Adv. R.R. Varma for plaintiff present.
Exh 11 – Adjd. application filed by Ld. Adv. of plaintiff.
Order- Adjd. granted as last chance. Application disposed off.
Adjd to 10/07/2023  for Ex-parte evidence and steps in respect of NM 962/2020
								Judge
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv. Sachin h/f Adv. R.R. Varma for plff present.
Exh-12- Ld adv for plff filed adjournment application on the ground that plff sustained fracture injury and his mother is going to be operated therefore adjournment may kindly be granted.
O- The medical documents submitted on record pertaining to the plff is of February 2023. Plff has not produced any medical documents regarding his mother’s operation. But, adjournment is granted as last chance.
KB
LO at 1.20 p.m.
Adv. Sachin h/f Adv. R.R. Varma for plff present.
Shri. Asif Saida learned advocate for defendant present.
He has no instructions from the defendants regarding the date of service of suit summons.
Exh.12 He has filed written undertaking to file vakalatnama for defendant on the next date.
Adjd. to 25/07/2023 for ex-parte evidence and steps by defendant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2023

Date: 10-07-2023
Business: Adv. Sachin h/f Adv. R.R. Varma for plff present.
Exh-12- Ld adv for plff filed adjournment application on the ground that plff sustained fracture injury and his mother is going to be operated therefore adjournment may kindly be granted.
O- The medical documents submitted on record pertaining to the plff is of February 2023. Plff has not produced any medical documents regarding his mother’s operation. But, adjournment is granted as last chance.
KB
LO at 1.20 p.m.
Adv. Sachin h/f Adv. R.R. Varma for plff present.
Shri. Asif Saida learned advocate for defendant present.
He has no instructions from the defendants regarding the date of service of suit summons.
Exh.12 He has filed written undertaking to file vakalatnama for defendant on the next date.
Adjd. to 25/07/2023 for ex-parte evidence and steps by defendant.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 25-07-2023

Date: 25-07-2023
Business: Adv. Shri. Sachin Suware h/f Adv. Shri. R. R. Varma for plaintiff is present.
Witness Prashant S Shah present.
Adv. Shri. Bhusan Lahane a/w Adv. Shri. Asif Sajid for defendant No.1 is present and filed Vakalatnama on behalf of defendant no.1 t.o.r and marked as Exh.13.
Defendant No.1 present.
Adv. for plaintiff filed affidavit of Evidence and compilation of documents t.o.r. and marked as Exh-14 and 15 respectively. Oath given to witness.
Matter is adj for marking of documents to 30.08.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2023

Date: 25-07-2023
Business: Adv. Shri. Sachin Suware h/f Adv. Shri. R. R. Varma for plaintiff is present.
Witness Prashant S Shah present.
Adv. Shri. Bhusan Lahane a/w Adv. Shri. Asif Sajid for defendant No.1 is present and filed Vakalatnama on behalf of defendant no.1 t.o.r and marked as Exh.13.
Defendant No.1 present.
Adv. for plaintiff filed affidavit of Evidence and compilation of documents t.o.r. and marked as Exh-14 and 15 respectively. Oath given to witness.
Matter is adj for marking of documents to 30.08.2023.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-08-2023

Date: 30-08-2023
Business: Adv. R.R.Varma for plaintiff is present.
Adv. Bhushan Lahane  for def. no.1 is present.
Ex parte order already passed against def. no. 3.
Ld. adv of plaintiff served copy of NM No. 962/2020 and the evidence affidavit a/w compilation of documents on the Ld. adv of def. no. 1.
Ld. adv of def. no. 1 prayed for time to file reply on NM No. 962/2020.
Matter is adj for NM reply to 26/09/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2023

Date: 30-08-2023
Business: Adv. R.R.Varma for plaintiff is present.
Adv. Bhushan Lahane  for def. no.1 is present.
Ex parte order already passed against def. no. 3.
Ld. adv of plaintiff served copy of NM No. 962/2020 and the evidence affidavit a/w compilation of documents on the Ld. adv of def. no. 1.
Ld. adv of def. no. 1 prayed for time to file reply on NM No. 962/2020.
Matter is adj for NM reply to 26/09/2023.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2023

Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2023

Date: 26-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2023

Date: 18-10-2023
Business: Adv. Sachin Suvare h/f Adv. R.R. Varma for plff present.
Adv. Bhushan Lahane for deft no. 1 present and filed reply to NM no. 962/20. TOR.
Ld adv of plff submitted that time may be granted for filing rejoinder.
Adjd. to 27.10.2023  for rejoinder by plff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2023

Date: 18-10-2023
Business: Adv. Sachin Suvare h/f Adv. R.R. Varma for plff present.
Adv. Bhushan Lahane for deft no. 1 present and filed reply to NM no. 962/20. TOR.
Ld adv of plff submitted that time may be granted for filing rejoinder.
Adjd. to 27.10.2023  for rejoinder by plff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-10-2023

Date: 27-10-2023
Business: Adv. Sachin Suvare h/f Adv. R.R. Varma  for plaintiff is present and orally requested for time to file NM rejoinder. O- Perused the earlier roznamas.  It appears that, on several occasions the plaintiff had sought adjournments on one or the other ground.  On 18.10.2023 the defendant filed reply to the NM taken out by the plaintiff.  On that day ld. adv of plaintiff sought time to file rejoinder and today again time sought on behalf of the plaintiff for rejoinder.  The matter pertains to the year 2020. Therefore, to avoid further delay, the oral prayer for time to file rejoinder is hereby rejected.  Put up the matter fro NM hearing.
Adv. Bhushan Lahane  for def.no.1 is present.
Matter is adj for NM hearing to 09/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023

Date: 27-10-2023
Business: Adv. Sachin Suvare h/f Adv. R.R. Varma  for plaintiff is present and orally requested for time to file NM rejoinder. O- Perused the earlier roznamas.  It appears that, on several occasions the plaintiff had sought adjournments on one or the other ground.  On 18.10.2023 the defendant filed reply to the NM taken out by the plaintiff.  On that day ld. adv of plaintiff sought time to file rejoinder and today again time sought on behalf of the plaintiff for rejoinder.  The matter pertains to the year 2020. Therefore, to avoid further delay, the oral prayer for time to file rejoinder is hereby rejected.  Put up the matter fro NM hearing.
Adv. Bhushan Lahane  for def.no.1 is present.
Matter is adj for NM hearing to 09/11/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-11-2023

Date: 09-11-2023
Business: Adv. R.R.Varma for plaintiff is present and orally prayed for time to take steps for filing NM praying to set-aside order dt. 27.10.2023 passed against the plaintiff.
None present for def. no.1.
Matter is adj. for NM hearing to 08/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 09-11-2023
Business: Adv. R.R.Varma for plaintiff is present and orally prayed for time to take steps for filing NM praying to set-aside order dt. 27.10.2023 passed against the plaintiff.
None present for def. no.1.
Matter is adj. for NM hearing to 08/12/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2023

Date: 08-12-2023
Business: Adv. Sachin Suvare for plaintiff present and tendered draft notice of motion alongwith affidavit.
Order - Leave granted to register notice of motion. Copy be supplied to the other side.
None present for deft.
Matter is adjd. to 11.01.2024 for N/M returnable and compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2024

Date: 08-12-2023
Business: Adv. Sachin Suvare for plaintiff present and tendered draft notice of motion alongwith affidavit.
Order - Leave granted to register notice of motion. Copy be supplied to the other side.
None present for deft.
Matter is adjd. to 11.01.2024 for N/M returnable and compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: Adv. Sanket Thorat h/f Adv. R.R. Varma for plaintiff is present and tendered registered NM No. 4740/2023 along with affidavit in support.
None for def.
Matter is adj. for NM hearing to 21/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024

Date: 11-01-2024
Business: Adv. Sanket Thorat h/f Adv. R.R. Varma for plaintiff is present and tendered registered NM No. 4740/2023 along with affidavit in support.
None for def.
Matter is adj. for NM hearing to 21/02/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2024

Date: 21-02-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2024

Date: 21-02-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2024

Date: 06-03-2024
Business: Adv. Sachin Suware h/f Adv. R.R. Varma for plaintiff is present.
None present for defendant.
Ld. adv of plaintiff presented copy of rejoinder to NM No. 362/2023. The said rejoinder shall be taken on record subject to decision on NM No. 4740/2023.
The ld. Adv of plaintiff seeks time to file service affidavit pertaining to NM No. 4740/2023.
Matter is adj. for service affidavit pertaining to  NM  No. 4740/2023 to 26/03/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2024

Date: 06-03-2024
Business: Adv. Sachin Suware h/f Adv. R.R. Varma for plaintiff is present.
None present for defendant.
Ld. adv of plaintiff presented copy of rejoinder to NM No. 362/2023. The said rejoinder shall be taken on record subject to decision on NM No. 4740/2023.
The ld. Adv of plaintiff seeks time to file service affidavit pertaining to NM No. 4740/2023.
Matter is adj. for service affidavit pertaining to  NM  No. 4740/2023 to 26/03/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-03-2024

Date: 26-03-2024
Business: Adv. Aarti Gunjal i/b Adv. Sanket Korade for plaintiff is present and orally requested time for filing service affidavit pertaining to NM. O-Time granted as prayed for.
None present for defendant.
Matter is adj. for Notice of Motion to 12/04/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2024

Date: 26-03-2024
Business: Adv. Aarti Gunjal i/b Adv. Sanket Korade for plaintiff is present and orally requested time for filing service affidavit pertaining to NM. O-Time granted as prayed for.
None present for defendant.
Matter is adj. for Notice of Motion to 12/04/2024.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Adv. Sachin Suware h/f Adv. R.R. Varma for plaintiff is present and filed service affidavit in respect of NM No. 4740/2023.TOR.
Matter is adj. for NM hearing to 15/06/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2024

Date: 12-04-2024
Business: Adv. Sachin Suware h/f Adv. R.R. Varma for plaintiff is present and filed service affidavit in respect of NM No. 4740/2023.TOR.
Matter is adj. for NM hearing to 15/06/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2024

Date: 15-06-2024
Business: Court is on leave. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2024

Date: 12-07-2024
Business: Adv. Sachin Suware h/f Adv. R.R. Varma for plaintiff is present.
None present for defendant.
Heard ld. Adv of plaintiff on NM No. 4740/2023.
ORDER : None appears on behalf of defendant since 08.12.2023. Therefore, keep back the matter for order on NM.
Following order is passed in Notice of Motion No. 4740 of 2023.
For the reason separately recorded.
Operative part of order.
1.	Notice of Motion No.4740 of 2023  is hereby allowed.
2.	The plaintiff shall file Rejoinder Affidavit to the Reply Affidavit dated 18.10.2023 in Notice of Motion No.962 of 2020 till next date.
3.	No order as to costs.
Matter is adj. for compliance to 08/08/2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 08-08-2024

Date: 08-08-2024
Business: Adv. R.R. Varma for plaintiff is present and submitted that, the re-joinder affidavit dt. 08.11.2023 presented on 05.03.2024 is already on record therefore, compliance of order dt. 12.07.2024 is already made.
ORDER: The rejoinder affidavit on behalf of plaintiff presented on 05.03.2024 is hereby taken on record today. Put up the matter for hearing on NM No. 962/2020.
None present for defendant.
Matter is adj. for NM hearing to 28/08/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2024

Date: 08-08-2024
Business: Adv. R.R. Varma for plaintiff is present and submitted that, the re-joinder affidavit dt. 08.11.2023 presented on 05.03.2024 is already on record therefore, compliance of order dt. 12.07.2024 is already made.
ORDER: The rejoinder affidavit on behalf of plaintiff presented on 05.03.2024 is hereby taken on record today. Put up the matter for hearing on NM No. 962/2020.
None present for defendant.
Matter is adj. for NM hearing to 28/08/2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-08-2024

Date: 28-08-2024
Business: Court is vacant. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2024

Date: 28-08-2024
Business: Court is vacant. Hence adjd.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2024

Date: 07-10-2024
Business: Court is vacant hence adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024

Date: 07-10-2024
Business: Court is vacant hence adj. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2024

Date: 05-11-2024
Business: Court is vacant hence adj.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2024

Date: 05-11-2024
Business: Court is vacant hence adj.to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-12-2024

Date: 21-12-2024
Business: Court is Vacant. Matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2025

Date: 21-12-2024
Business: Court is Vacant. Matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2025

Date: 04-02-2025
Business: Parties are absent.
Adv. Sachin Suware for plaintiff is present.
None present for defendant.
As a last granted for NM hearing chance being matter appears to be reaching age of 5 yrs.
Matter is adj. for NM hearing to 21.03.2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-03-2025

Date: 21-03-2025
Business: Plaintiff is absent.
Adv. Sachin Suware h/f Adv. Varma present for plaintiff.
Defendant Prashant Gupta is present.
Adv. Rohan More h/f Adv. Lahane present for defendant.
Later on at 04.55 p.m.
Adv. Sachin Suware h/f Adv. Varma present for plaintiff.
Exh. 16 -Adjournment application filed by ld. Adv of plaintiff.
O- Rejected as NM No. 962/2020 dt. 19.12.2019 is pending since long for five years.
Defendant is present.
Adv. Rohan More h/f Adv. Lahane present for defendant.
Exh. 17- Reply to NM No. 962/2020 is filed on dt. 18.10.2023 but marked as today.
Exh. 18 – Rejoinder to NM No. 962/2020 is marked as today.
Heard ld. Adv of defendant.
Order on NM No. 962 of 2020.
For the reason separately recorded.
Operative part of order.
1.	Notice of Motion No. 962 of 2020 is dismissed with costs.
2.	Notice of Motion is disposed off accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 21-03-2025

Additional Case Details

Additional Case Details
Filing Number: 102897/2020
Filing Date: 02-03-2020
First Hearing Date: 16th March 2020
Decision Date: 21st March 2025
Court Number And Judge: 32-COURT 32 ADDL  SESSIONS JUDGE

Orders

1
Final Order 1Full order available
21 Mar 2025

Order Details: Notice of Motion Pdf Text: 1 N.M. No.962 OF 2020 MHCC010026312020 IN THE CITY CIVIL COURT AT MAZGAON, MUMBAI. (Court Room No.32) NOTICE OF MOTION NO.962 OF 2020 IN COMMERCIAL SUIT No.384 OF 2020 Prashant @ Bittu Sureshbhai Shah Age about 35 years, of Mumbai, adult, Indian Inhabitant, residing At 103, Vasant Vijay Mahal, Pushpa Park, Malad (East), Mumbai 400 097. ...Plaintiff VERSUS 1 2 3 Prashant Suresh Gupta, An adult, Indian Inhabitant, residing at 7/81/B, Tilak Nagar,…

Read Full Order

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.