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NOTICE OF MOTION

Chhabildas Dalichand BhayaniVsVijaya Kotian +1 more

CNR MHCC0100297820199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 20th February 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101150/2019
Registration Date
15 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Petitioner

  1. 1Chhabildas Dalichand Bhayani

Respondent

  1. 1Vijaya Kotian
  2. 2Mohd.Iqbal Khan

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 18-03-2019
Business: Resumed.
Adv. Shetye for plaintiff and Adv. Poonam Madhwani for def. No 1 are present.
Exh. 7 - Application for substituted service against def. No,2. - Allowed.
Adv. Madhwani tendered registered NM No. 1150/2019 with affidavit.
Adv. Shetye seeks time to file reply to NM.  Time is granted as last chance.
Adjd for report of service and NM reply to 27.06.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-06-2019

Date: 27-06-2019
Business: Advocate Mr. Shette for Plaintiff present
Advocate Ms. Mahamuni for Defendant no.1 present
Court is busy in hearing Chamber Summons in suit no.9070/95 as well as court has to hear NM in suit stamp no.6535/19, hence case is adjourned to 26/09/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-09-2019

Date: 26-09-2019
Business: Advocate Satamkar for Plaintiff present and sought time to file reply to Notice of Motion no.1150/19.  Considering submissions adjourned.
Advocate P. P. Madhvani for Defendant no.1 present
Case is adjourned to 27/11/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Advocate Prerna Doke for Plaintiff present
None present for Defendant.
Plaintiff has not filed reply to Notice of Motion no.1150/19 which is taken out by Defendants for condonation of 90 days delay caused in filing Written Statement by those Defendants. Plff\''s advocate fairly submitted that Plaintiff is not strongly resisting the NM, however if the court comes to conclusion to allow the NM, Defendants may be ordered to pay some costs to the Plaintiff. Considering submissions, I proceed to pass following order-
                                        ORDER
Notice of Motion no.1150/2019 is made absolute in terms of prayer clause (a) of Notice of Motion subject to cost of Rs.2000/- to be paid by Defendants to Plaintiff. It is made clear that, Defendants Written Statement will be accepted after compliance of the order.
Case is adjourned to 12/06/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 20-02-2020

Additional Case Details

Additional Case Details
Filing Number: 103259/2019
Filing Date: 15-03-2019
First Hearing Date: 18th March 2019
Decision Date: 20th February 2020
Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
20 Feb 2020
Order Details: Notice of Motion
Pdf Text: Daily Status
IN THE COURT OF :COURT 9 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101150/2019
Chhabildas Dalichand Bhayani Vs 1.Vijaya Kotian 2.Mohd.Iqbal Khan
Date : 20-02-2020
Business : Advocate Prerna Doke for Plaintiff present None present
for Defendant. Plaintiff has not filed reply to Notice of
Motion no.1150/19 which is taken out by Defendants for
condonation of 90 days delay caused in filing Written
Statement by those Defendants. Plff&amp#039s
advocate fairly submitted that Plaintiff is not strongly
resisting the NM, however if the court comes to conclusion
to allow the NM, Defendants may be ordered to pay some
costs to the Plaintiff. Considering submissions, I proceed to
pass following order- ORDER Notice of Motion
no.1150/2019 is made absolute in terms of prayer clause (a)
of Notice of Motion subject to cost of Rs.2000/- to be paid
by Defendants to Plaintiff. It is made clear that, Defendants
Written Statement will be accepted after compliance of the
order. Case is adjourned to 12/06/2020 for Compliance.
Nature of Disposal : ALLOWED
Disposal Date : 20-02-2020
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