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
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Protection 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
1Final Order 107 Jul 2023
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 -- 1 of 1 --
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