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NOTICE OF MOTION

Maneklal Mansukhbhai Pvt. Ltd.- Applicant- Rajeshkumar PrajapatiVsKaybee Developers Pvt. Ltd. and Ors.

CNR MHCC0100279320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 07th July 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101059/2019
Registration Date
12 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: 15-04-2019
    Business: Resumed.
    The P.O. is busy in dictating NM order in Suit no. 3142/2009.  For want of time the board is discharged.
    Adjd for NM reply to 11.07.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: None present for decree holder.
    None present on behalf of the applicant who has tendered NM. Registered NM not filed on the record.  Last chance is granted.
    Adjourned for filing registered NM by the applicant and reply to NM to 11.9.2019.
    LO
    Adv. Tripathi for applicant tendered registered NM no. 1059/19.  TOR.
    Adjourned for reply to NM to 11.9.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Adv. Tripathi for applicant present.
    Adjourned for NM hearing to 10.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Jagannathan for applicant present.
    None present for respondent.
    It appears that the applicant has not filed affidavit of service in respect of service to the respondent in NM. Applicant to file affidavit of service.
    Adjourned for compliance to  3.12.2019.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: None present for applicant.
    Applicant has not filed affidavit of service in respect of service to respondents.
    Put the N/M for dismissal.
    The matter is adjd for dismissal to 05.02.2020.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Shukla for applicant present.
    N/M is for dismissal.  Adjourned for dismissal order.
    The matter is adjd for dismissal of N/M to 23.03.2020.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 23-03-2020
    
    Date: 23-03-2020
    Business: matter adjourned
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 01-04-2020
    
    Date: 01-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    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 FOR DISMISSAL
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19 as Global Pandemic by WHO and Office Order No.83/2020, matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-09-2020
    
    Date: 25-09-2020
    Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 25.11.2020.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: None present
    As the Court is busy in urgent matters and due to COVID 19, the matter is adjd to 04/01/2021.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-01-2021
    
    Date: 04-01-2021
    Business: Adv. Sarika Chaudhary h/f. Adv. Indrajeet Patole for applicant present.
    Adv. for applicant filed application for cancellation of dismissal of N/M.
    O. - Read application.  The order of dismissal of notice of motion is called back.
    The matter is adjd for service to 28.01.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Adv. Prabhakar Ranshur h/f. Adv. Indrajeet Patole for applicant present.
    Adv. for applicant tenders affidavit of service.  T.O.R.
    On perusal of affidavit of service, it reveals that there is no acknowledgment of service to the other side.
    Applicant to serve again the original plaintiff and original deft.
    The matter is adjd for service report to 19.03.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv. Sanjay Lanjane for applicant present.
    Vakalatnama filed on behalf of applicant.  T.O.R.
    O. - Seen and filed.
    Applicant to serve original plaintiff and deft.
    The matter is adjd for service to 19.06.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: In view of office order no.106/2021 dated 14.06.2021, all Courts shall remain closed on every Saturday, hence matter adjourned to 17/08/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv.Sanjay Ranjane for applicant present.
    Heard partly.
    I have gone through the order dtd. 09.10.2018 passed in Exe Appln no. 272/14. Adv.for applicant to argue what maintainability of NM.
    Matter adjd to 30.08.2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv. Kumbhar for DH is present.
    The Ld. Adv.for the DH sought time for making submission regarding order dtd. 09.10.2018 passed in Execution Application No. 272/14 as to maintainability of the NM.
    Matter adjd to 22.11.2021.
    Next Purpose: FOR___________________
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: P.O.is on leave.
    Matter adjd.to
    Next Purpose: FOR___________________
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: P.O.is on leave.
    Matter adjd.to
    Next Purpose: FOR___________________
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    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 07/04/2022.
    Next Purpose: FOR___________________
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: P.O. is on leave
    Next Purpose: FOR___________________
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: P. O. is on leave. Matter is adjd to
    Next Purpose: FOR___________________
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Navnath Devkate for applicant is present.
    On oral request last chance given for hearing on NM.
    Matter adjd to 09.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: None present for plff.
    None present for deft.
    Last chance given to the plff to argue the NM.
    Matter adjd to 14.02.2023 for argument on NM .
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: None present for the plaintiff.
    Adv. Ms. Swati Dubey for the applicant is present.
    The Ld. advocate for the applicant made the statement that the applicant is going to withdraw the NM. Hence, the matter is referred to Maha Lok-adalat for withdraw. Issue notice to the applicant.
    Matter adjd to 30.04.2023 for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 30-04-2023
    
    Date: 30-04-2023
    Business: NATIONAL LOK-ADALAT HELD ON 30.04.2023- (Panel-1)
    PANEL HEAD - H.H.J. SHRI. S.N. PATIL
    PANEL MEMBER - DR. RASIK WARBHUWAN
    Matter pertaining to C.R.No.1
    Decree Holder and Judgment Debtor are absent.
    Adv. Sanjay Ranjane for applicant present.
    Matter is adjourned to 07.07.2023.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Adv. Sanjay Ranjane for applicant present.Power of attorney Balkrishna Rai of applicant Rajeshkumar Prajapati is present.
    Ld. Adv. for applicant has filed an application for withdrawal of notice of motion. T.O.R Marked as Exh.4
    ORDER passed below Notice of Motion No. 1059/2019
    It is submitted that plaintiff wants to withdraw notice of motion with liberty to file fresh suit.
    The plaintiff has filed photocopy of letter of authority.
    The POA of the applicant submits that he does not want to proceed with the Notice of Motion hence it be withdrawn with liberty to file fresh suit.
    Considering the request, the application stands allowed. Permission to withdraw the notice of motion with liberty to file fresh suit is granted subject to keeping the objection of limitation and cause of action open. The Notice of Motion No. 1059/2019 stands disposed of.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 07-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 102976/2019
    Filing Date: 12-03-2019
    First Hearing Date: 15th April 2019
    Decision Date: 07th July 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Jul 2023
    Order Details: Other
    Pdf Text: Noting Page-16
    07.07.2023
    NM 1059/19
    DISP. E.A.
    272/14
    Exh- 4
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR (C.R.NO.1)
    Adv. Sanjay Ranjane for applicant present.Power of attorney
    Balkrishna Rai of applicant Rajeshkumar Prajapati is present.
    Ld. Adv. for applicant has filed an application for withdrawal of
    notice of motion. T.O.R Marked as Exh.4
    ORDER passed below Notice of Motion No. 1059/2019
    It is submitted that plaintiff wants to withdraw notice of motion
    with liberty to file fresh suit.
    The plaintiff has filed photocopy of letter of authority.
    The POA of the applicant submits that he does not want to
    proceed with the Notice of Motion hence it be withdrawn with
    liberty to file fresh suit.
    Considering the request, the application stands allowed.
    Permission to withdraw the notice of motion with liberty to file
    fresh suit is granted subject to keeping the objection of limitation
    and cause of action open. The Notice of Motion No. 1059/2019
    stands disposed of.
    Judge
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