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NOTICE OF MOTION

Sandip M. Shah and Anr.VsSudheer Bahl and Anr.

CNR MHCC0100295520205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 19th July 2023

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101034/2020
Registration Date
07 Mar 2020

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-03-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 30.05.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-07-2020
    
    Date: 28-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    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: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-11-2020
    
    Date: 07-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Business: None present for plaintiff.
    Adv  Mr. Nandanwar/Suryawanshi present for defendant/MCGM .
    Matter adjourned for  Notice of Motion to 22/12/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for NM hearing to 25.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: None present for plaintiff.
    Adv Nandanwar present for MCGM/defendant.
    Matter adjourned for NM hearing to 17.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: None present for plaintiff.
    Adv Sushma Singh present for defendant no.1 and submitted she has not got copy of NM.
    Adv Nandanwar present for MCGM/defendant no.2.
    None present for defendant no.3.
    Plaintiff to avoid delay on NM.
    Matter adjourned for service copy of NM to defendant no.1 and NM argument to 22.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Plaintiff no.2 present and his advocate absent.
    Adv. Soraan present for MCGM/defendant.
    Adv Sushma Singh present for defendant no.2.
    Plaintiff no.2 tendered registered NM No.1034/2020 alongwith affidavit. Copy served upon defendant no.2.
    Matter adjourned for NM reply to 16.04.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: In view of holiday declared by Hon''ble high court hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Adv. absent for plaintiff.
    Adv. Sushma Singh present for defendant no. 01 and tendered affidavit in reply to NM No. 1034/2020. t.o.r. copy not served to other side. Therefore, defendant no. 01 to serve the copy to other side before next date.
    Adv. absent for MCGM/defendant.
    Defendant no. 03 is present.
    Matter adjourned for NM hearing to. 18/10/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2021
    
    Date: 18-10-2021
    Business: In the view of Holiday declared by the Hon''ble Bombay High Court, Board is discharged and Matter is adjd. to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. absent for plaintiff.
    Adv. diwate present for MCGM/defendant.
    plaintiff no. 04 is present in person and sought adjournment.
    Adv. sushma singh for other defendant no. 01.
    Matter adjourned for nm hearing to. 12/01/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence , Matter adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: None present for plaintiff.
    Adv. Diwate present for MCGM/defendant.
    As plaintiff and his adv. absent, Matter adjourned for nm hearing to 16/02/22.
    l.o. at 03.55 pm.
    Defendant no. 03 in person present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-02-2022
    
    Date: 16-02-2022
    Business: None present  for plaintiff.
    Adv. Soraan @ Adv. Diwate present  for MCGM/defendant.
    Defendant no. 03 in person present and plaintiff no. 3 in person present.
    Matter adjourned for hearing to 28/03/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: The Court is busy in urgent matters and orders hence, for want of time following board discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2022
    
    Date: 13-07-2022
    Business: Plaintiff in person is present and tendered affidavit in reply of defendant No.3. TOR.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Matter is adjd for NM hearing on 05-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: As court is busy.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: As Court is busy in hearing arguments i.e. Suit No. 6126 of 2003. Hence want of time board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2022
    
    Date: 07-10-2022
    Business: Plaintiff in person present.
    Deft no.3 in person present.
    Matter is adjd for NM argument on 11-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Business: Plaintiff  no. 3 and 4  in person present.
    Deft no.3 in person present.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Matter is adjd for NM hearing on 30-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Plaintiff no. 4 present.
    Deft no. 3 in person present.
    Adv. Mr. Diwate for MCGM/ defendant no.2  present.
    None for deft no. 1.
    Matter is adjd for NM hearing on 06-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2023
    
    Date: 06-01-2023
    Business: As Court is busy in urgent hearing in Suit No. 2784 of 2006 and Suit No.8206 of 1984. Hence want of time board is discharged.
    Matter is adjd for NM hearing on 27-01-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2023
    
    Date: 27-01-2023
    Business: Plaintiff no. 4 in person is present
    Defendant no. 3 in person is present.
    Matter is adjd for NM hearing on 22-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2023
    
    Date: 22-02-2023
    Business: As court is on leave. Hence, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2023
    
    Date: 17-03-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: None  for plaintiff.
    Plaintiff present in person.
    Adv. Patil for MCGM/Defendant.
    Def. no. 3 is present.
    Matter adjourned for NM hearing on 12-06-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Plaintiff No.4 in person present.
    Adv. Sushma Singh for defendant No.1 present.
    Exh.29 - Intimation filed by the Adv. for defendant No.1 about demise of partner of the defendant No.3.
    Matter be kept for taking steps by the plaintiff.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd to 21/06/2023 on steps by plaintiff/ N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Plaintiff in person absent.
    Adv. Sushma Singh for D-1 present.
    Adv. Pradip Patil for MCGM present.
    Matter is adjd to 19.07.2023 for dismissal of NM.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 19-07-2023
    
    Date: 19-07-2023
    Business: Plaintiff No. 2 Neha Shah  is present in person along with ID proof.
    Plaintiff No. 3 Sandeep Shah  is present in person along with ID proof.
    Plaintiff No. 4 Asit Shah  is present in person along with ID proof.
    Adv. Sushma Singh for D-1 present.
    Adv. Pradip Patil for MCGM present.
    Exh. 30 - Application filed by Plaintiff no. 2, 3 and 4 for dropping the suit. The plaintiff no. 2 to 4 have also tendered copy of their ID proof which are verified from the originals. Contents in the application are read over and explained to them in vernacular. They have admitted the contents in the application and categorically submitted that they do not want to proceed with the suit and withdrawing the same unconditionally. Though, the application is resisted by the Ld. Adv. for the D-1 on the ground that unnecessary hardship has been caused upon the D-1, therefore cost should be imposed while allowing the application. Considering the submissions of both sides, it reveals that the plaintiffs no. 2 to 4 are unconditionally withdrawing the suit. Hence, in the interest of justice, application is allowed without imposing any cost.
       In view of withdrawal of the suit by the plaintiff no. 2, 3 and 4, suit stands disposed off to the extent of plaintiff no. 2 to 4 only for want of prosecution.
      Order on Exh. 31
        In terms of application Exh. 31 the plaintiff no. 3 and 4 do not want to proceed with the NM No. 1034/20. Hence, the NM No. 1034 of 2020 stands disposed off for want of prosecution.
    NM No. 1034 of 2020 is disposed off accordingly.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 19-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103013/2020
    Filing Date: 07-03-2020
    First Hearing Date: 27th March 2020
    Decision Date: 19th July 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    19 Jul 2023

    Order Details: Other Pdf Text: 19.07.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU. 2343/07 NM 1034/20 Exh. 30 Exh. 31 Plaintiff No. 2 Neha Shah is present in person along with ID proof. Plaintiff No. 3 Sandeep Shah is present in person along with ID proof. Plaintiff No. 4 Asit Shah is present in person along with ID proof. Adv. Sushma Singh for D-1 present. Adv. Pradip Patil for MCGM present. Exh. 30 - Application filed by…

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