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NOTICE OF MOTION

Mrs. Sonal Brij SaigalVsMr. Jayeshbhai Pritamlal Daftary

CNR MHCC0100279620191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 23rd February 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101071/2019
Registration Date
12 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: 08-04-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-06-2019

Date: 28-06-2019
Business: Adv. Vijay Jha for plaintiff present.
Adv. Khaire for defendant present.
Adv. Kherada for respondent present.
Adv. for defendant tendered registered NM 1071/19.  TOR
Ld. counsel for the plaintiff seeks time to file reply to NM moved by defendant and also for hearing moved by him.
Adjourned for NM reply to 23.8.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-08-2019

Date: 23-08-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-01-2020

Date: 27-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2020

Date: 26-03-2020
Business: adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: As per office order no.77/2020 dated 43.5.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2020

Date: 29-04-2020
Business: As per office order no.77/2020 dated 04.05.2020 and due to lock-down, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-05-2020

Date: 29-05-2020
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 HEARING
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2020

Date: 09-10-2020
Business: Both the parties are absent.  Due to Covid-19, the matter is adjourned to 05.01.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-02-2021

Date: 23-02-2021
Business: None for plaintiff.
Adv. Khaire for deft. present.
ORDER IN N/M NO.1071/2019
Heard Ld. Counsel for deft.  Plaintiff has not filed reply to this N/M.  By this N/M, the deft. seeks permission to file written statement by condoning the delay.  The contention of deft. is that ad-interim order dated 10.11.2018 was running against him.  The plaintiff tendered N/M No.4368/18 which was contested by the deft. and the same came to be dismissed vide order dated 25.01.2019.  The second N/M no.4833/18 of the plaintiff came to be dismissed.  He would submit that writ of summons was not served upon to the deft.  The ground of writ of summons being not served to the deft. is no ground when the deft. appeared in the matter.  Be that as it may, the plaintiff has not opposed this N/M.  There should not be hyper-technical and pedantic approach in dealing with such type of N/M.  The matter is at the initial stage.  No prejudice would be caused to the plaintiff, if the deft. is allowed to put his defence.  It would be in the interest of the parties, if the matter is heard on merit.  In this background, the N/M needs consideration.  Hence, it is expedient to pass the following order.
ORDER
1.   N/M No.1071/19 is made absolute in terms of prayer clause (a) and (b).
2.   Costs in the cause.
3.   N/M No.1071/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-02-2021

Additional Case Details

Additional Case Details
Filing Number: 102932/2019
Filing Date: 12-03-2019
First Hearing Date: 08th April 2019
Decision Date: 23rd February 2021
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
23 Feb 2021

Order Details: Notice of Motion Pdf Text: None for plaintiff. Adv. Khaire for deft. present. ORDER IN N/M NO.1071/2019 Heard Ld. Counsel for deft. Plaintiff has not filed reply to this N/M. By this N/M, the deft. seeks permission to file written statement by condoning the delay. The contention of deft. is that ad- interim order dated 10.11.2018 was running against him. The plaintiff tendered N/M No.4368/18 which was contested by the deft. and the same came to be dismissed…

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