NOTICE OF MOTION
Shalan Ganpati SatheVsSmt. Saku Jaganath Sathe +2 more
CNR MHCC0100305520199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 21st October 2023
TrustJury record updated 19 Sept 2026
Case Overview
- Registration Number
- 101185/2019
- Registration Date
- 16 Mar 2019
Advocates
2For Petitioner
For Respondent
Parties
4Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 01-04-2019 Business: Adv. Surve for plaintiff present. Adv. Shinde h/f Adv. Sawant for defendant no.1 present and tendered registered NM 1185/19 with affidavit in support. Advocate for plaintiff seeks time to file reply. O- Time granted till next date. By consent, adjourned for NM reply to 03.06.2019 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 03-06-2019 Date: 03-06-2019 Business: Adjd Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-07-2019 Date: 04-07-2019 Business: Adv. Gardare for the Plaintiff present. Adv. Pratik Shinde for Defendant no. 1 present. The Court is busy in hearing arguments and orders in other matters on board. Hence board discharged. Matter is adjd. to 19.09.2019 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 19-09-2019 Date: 19-09-2019 Business: Adv. Gardare for the Plaintiff present. None present for Defendant no. 1 None present for Defendant no. 2 Issue writ of summons to Defendant no. 3 through bailiff of Sheriff office and simultaneously by RPAD post or speed post. Matter is adjd. to 8.11.2019 for affidavit of service of writ of summons to Defendant no. 3/ passing order against Defendant no. 1 as Defendant no. 1 has not tendered copy of N/M to the Plaintiff/ Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 08-11-2019 Date: 08-11-2019 Business: Adv. Gardare for the Plaintiff present. Adv. P.G. Sawant for Defendant no.1 present. Adv. Dixita Gupte for defendant no.3 / MTNL present. Exh-4 Vakalatnama filed by Adv.Gardare (S.A.) t.o.r. Writ of summons filed by adv. For plaintiff. t.o.r. Exh-5 V/P filed by adv.Gupte t.o.r. Matter is adjd. to 23.01.2020 for affidavit of service. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 23-01-2020 Date: 23-01-2020 Business: None for Plaintiff. Adv. P.G. Sawant for defendant no.1 is present. KB L.O.at 04.00 pm same appearance by defendant no. 1. none for plaintiff. Matter is adjd. for affidavit of service to 20/03/2020. Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 20-03-2020 Date: 20-03-2020 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 13-07-2020 Date: 13-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 09-11-2020 Date: 09-11-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: AFFIDAVIT OF SERVICE Next Hearing Date: 26-02-2021 Date: 26-02-2021 Business: Adv.Gardare for plaintiff. Adv.Sweta Singh h/f Gupte for defendant no.3. Representative of defendant no.3. Last chance is granted to defendant no.1 to supply copy of NM to the plaintiff. Plaintiff to supply copy of the plaint to defendant no.3. Matter is adjd. to 30.3.2021 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 30-03-2021 Date: 30-03-2021 Business: Due to SOP only urgent matter are taken up. Hence, the Board is discharged. Matter is adjd. to 15/06/2021 for compliance. Next Purpose: COMPLIANCE Next Hearing Date: 15-06-2021 Date: 15-06-2021 Business: Due to COVID-19 pandemic. Matter is adjourned. Next Purpose: COMPLIANCE Next Hearing Date: 29-07-2021 Date: 29-07-2021 Business: Due to COVID-19 pandemic. Matter is adjourned. Next Purpose: COMPLIANCE Next Hearing Date: 03-09-2021 Date: 03-09-2021 Business: Court is on leave. Next Purpose: COMPLIANCE Next Hearing Date: 15-11-2021 Date: 15-11-2021 Business: None for plaintiff. Adv. Karishma for defendant No.3 present. Matter is adjd. to 20/01/2022 for NM No.1185/2019 passing dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 20-01-2022 Date: 20-01-2022 Business: Adv.Vaibhav Kamble for defendant no.1 and 2 is present. Adv.Prajakta Pathak for defendant no.3 is present. Matter is adjd. to 23.03.2022 for NM dismissal order. Next Purpose: DISMISSAL Next Hearing Date: 23-03-2022 Date: 23-03-2022 Business: PO is on leave Next Purpose: DISMISSAL Next Hearing Date: 08-04-2022 Date: 08-04-2022 Business: Adv. Vishal Rankhambe for defendant no.1 present. Adv. Reshma for defendant no. 3 present. Ld. Adv. for defendant no. 1 files application for removing N/m from dismissal caption -O- other side to say. None presen for plaintiff. Matter is adjd. to 20-06-2022 for reply. Next Purpose: REPLY Next Hearing Date: 20-06-2022 Date: 20-06-2022 Business: Court is busy in hearing N/m in SU 2414/21, hence Board discharged. Matter is adjd.21-07-2022 for Reply. Next Purpose: REPLY Next Hearing Date: 21-07-2022 Date: 21-07-2022 Business: None present for plaintiff. Adv. Karishma Pokharkar for defendant no. 3 present. Adv. Vaibhav Kamble for defendant no. 1 present. Last chance granted for filing reply to plaintiff. Matter is adjd. to 29.09.2022 for reply. Next Purpose: REPLY Next Hearing Date: 29-09-2022 Date: 29-09-2022 Business: As Court is busy in hearing NM Nos. 1686/19 and 4498/17 in Suit No. 287/17. Hence, Board is discharged. Matter is adjd. to 14.10.2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-10-2022 Date: 14-10-2022 Business: None present for plaintiff. Adv. Vaibhav Kamble for defendant No. 1 present. Adv. Pranali Mahajan for deft.no.3 present. Matter is adjd. to 30.11.2022 for NM REPLY. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 30-11-2022 Date: 30-11-2022 Business: None present for plaintiff. Adv. Vaibhav Kamble for defendant no. 1 present. Last chance granted to plaintiff to file reply. Representative of Deft.no. 3, Mr. Shiv Shankar Kumar present. Matter is adjd. to 23.12.2022 for NM reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 23-12-2022 Date: 23-12-2022 Business: None present for the plaintiff. Mr. Sanjay Ramteke, Deft.no. 3, Dy. Manager, MTNL a/w Advocate Pranali Mahajan for Deft.no.3 present. Matter is adjourned to 08.02.2023 for Notice of Motion reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 08-02-2023 Date: 08-02-2023 Business: None present for plaintiff. Representative of Defendant No. 1 is present. Adv. Dikshita Gupte for Defendant no. 3 present. Perusing record, it appears that the deft.no. 1 filed Notice of Motion on 16.03.2019. Since then reply not filed by the plaintiff. None present for plaintiff since long. Hence, no reply order is passed against plaintiff. Matter is adjourned to 27.03.2023 for Notice of Motion Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-03-2023 Date: 27-03-2023 Business: None present for plaintiff. Adv. Pranali Mhatre for defendant No. 3/MTNL present. Matter is adjourned to 22.06.2023 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 22-06-2023 Date: 22-06-2023 Business: None present for the plaintiff. Adv. Mr. Kamble for defendant No. 1 is present. Adjourned for NM hearing to 24.08.2023. Next Purpose: NM FOR HEARING Next Hearing Date: 14-08-2023 Date: 14-08-2023 Business: court is on leave Next Purpose: NM FOR HEARING Next Hearing Date: 24-08-2023 Date: 24-08-2023 Business: None present for the plaintiff. Adv. Ms. Dixita Gupta for defendant No. 3/MTNL is present. It is submitted on behalf of advocate for defendant No. 3 that since, long back plaintiff is not appearing and proceeding with the matter and hence, suit be kept for dismissal. On perusal of roznama it reveals that plaintiff is absent since many dates. None for plaintiff is appearing and proceeding with the matter. Hence, suit is kept for dismissal Order. Matter is adjourned to 21.10.2023 for dismissal Order. Next Purpose: DISMISSAL Next Hearing Date: 21-10-2023 Date: 21-10-2023 Business: None present for the plaintiff. Mr. Sanjay K. Ramteake, Dy. Manager, MTNL is present. Adv. Ms. Archana Dubey for defendant No. 3/MTNL is present. Order below exhibit No. 01: Plaintiff absent when called out repeatedly. On perusal of roznama it reveals that plaintiff is not appearing and proceeding with the matter since many dates. Hence, matter was kept for dismissal Order. Thereafter, also plaintiff failed to appear and proceed with the matter. Thus, it shows that plaintiff is not interested to proceed with the matter. Hence suit stands dismissed for want of prosecution and pending NM No. 1185/2019 also stands disposed off. Nature Of Disposal: DISMISSED IN DEFAULT Disposal Date: 21-10-2023
Additional Case Details
Additional Case Details
Filing Number: 103247/2019 Filing Date: 16-03-2019 First Hearing Date: 01st April 2019 Decision Date: 21st October 2023 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
1Final Order 121 Oct 2023
21 Oct 2023
Order Details: Other Pdf Text: 21.10.2023 Sr. No. 04 CORAM: H.H.J. SHRI. V.V. PATIL (C.R. NO.09) SU 2933/2015 NM 1185/19 None present for the plaintiff. Mr. Sanjay K. Ramteake, Dy. Manager, MTNL is present. Adv. Ms. Archana Dubey for defendant No. 3/MTNL is present. Order below exhibit No. 01: Plaintiff absent when called out repeatedly. On perusal of roznama it reveals that plaintiff is not appearing and proceeding with the matter since many dates. Hence, matter was kept for dismissal Order. Thereafter, also plaintiff failed to appear and proceed with the matter. Thus, it shows that plaintiff is not interested to proceed with the matter. Hence suit stands dismissed for want of prosecution and pending NM No. 1185/2019 also stands disposed off. Judge -- 1 of 1 --
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