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NOTICE OF MOTION

BHAGWATI NAMO NANKANIVsRAJANI J. GULATI

CNR MHCC01003151202084-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 28th January 2026

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101125/2020
Registration Date
13 Mar 2020

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1BHAGWATI NAMO NANKANI

Respondent

  1. 1RAJANI J. GULATI

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-05-2020

Date: 08-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Adv. Dsouza for DH.
None for defendant
Adjd to 09-04-2021 for service
Adv for plaintiff file application on behalf of DH for arrest
warrant against the JD. 	t.o.r.
Already Adjd to 09-04-2021 for order.
Next Purpose: SERVICE
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Adv. Rathore for defendant filed
Exh.12- Vakalatnama
Exh.13- Service affidavit of NM.
Adv for defendant also tendered registered NM 1125/20 @ affidavit.
Adjd to 24-09-2021
Next Purpose: SERVICE
Next Hearing Date: 24-09-2021

Date: 24-09-2021
Business: None present for the DH.
Adv Dheeraj Rathod present for JD.
Matter is adjd to 17.11.2021 for service.
LO
Adv Taniya D\''souza present for the plaintiff/DH.
Next Purpose: SERVICE
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv Divya for DH Present.
Adv Patil for JD present.
Matter is adjd to 22-12-2021 Exh- 2 reply. @ NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-12-2021

Date: 22-12-2021
Business: Adv. Taniya D\''Souza for D/H present.
None for JD.
Adjourned for 6.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: None for DH.
Adv. Mr. Dhiraj Rathod for the JD is present.
Matter is adjd. to 16/03/2022 for Ch/s hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 16-03-2022

Date: 16-03-2022
Business: Adv. Dsouza for DH present.
Adv. Dhiraj Rathod for JD/Applicant.
KB
Later on
On the request of both advocates.
Matter is adjd. for NM argument to 30-03-2022.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Advocate Mr.  H.S. Khokawala DH present.
Advocate Mr. Dhiraj Rathod for JD present.
Matter is adjd. for NM argument to 13-04-2022.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Advocate Mrs. Khokawala with advocate D\''souza for DH present.
Advocate Mr. Dhiraj Rathod for JD present.
kb
Later on
Ch/s. No. 322/2020 is already disposed on 14-02-2020. Therefore, the Ch/s. No. 322/2020 is remove from CIS.
Heard NM argument of both side.
Matter is adjd.  NM Order to 26-04-2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 26-04-2022

Date: 26-04-2022
Business: Advocate Mr.  for DH present.
None for JD.
kb
None present.
kb
Later on
Court is busy in RE  in Suit NO. 6453/2006  and order in Bail Application in Session Case No. 224/2021.
Due to paucity of time.
Matter is adjd. for NM order to 06-06-2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 06-06-2022

Date: 06-06-2022
Business: Adv. H.S. Khokawala for D.H. present
None present for J.D.
Adjd to 21/06/2022 for re-arguments of N.M
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 21-06-2022

Date: 21-06-2022
Business: P.O. is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 02-08-2022

Date: 02-08-2022
Business: As court is vacant.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 26-09-2022

Date: 26-09-2022
Business: As court is vacant.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: As court is vacant
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 27-01-2023

Date: 27-01-2023
Business: As court is vacant
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 23-03-2023

Date: 23-03-2023
Business: Adv. Hukawala   for DH / respondent present.
None for JD.
Matter Adjd for Hearing on 24/04/2023.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: As court is vacant.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv.Bhakti Jain present for DH.
None present for JD.
Put up for NM dismissal on next date.
Matter stands adjourned for NM dismissal on 11-09-2023.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: None present.
KB.
L.O. at 3.12 pm.
Adv. Taniya Desouza present for DH.
Adv.Ashwini Bhalerao present for JD, tendered undertaking to tender the VP TOR marked as Exh.3 on next date and tendered application to change the caption TOR marked as Exh.4.
The DH tendered application for direction TOR marked as Exh.5.
Heard The counsel of DH it is pointed out that as per Rozanama dated 14-02-2020 the warrant of civil prison was issued against the JD on depositing the substitution amount, however at that time the JD was residing at Airoli, Navi Mumbai, Now the JD is residing at New address mentioned in NM 1125/200 filed by JD, therefore the DH prayed for issuance of warrant of civil prison on address given in Notice of Motion, hence,  issue  warrant of detention civil prison as per the new address mention in the Notice of Motion in compliance of order dated 14-02-2020.
Matter stands adjourned for compliance on 21-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 21-11-2023

Date: 21-11-2023
Business: Adv.Taniya Dsouza present for DH.
None present for JD.
Heard.
The counsel of DH submitted that the protection from arrest of a woman as per the Section 56 of CPC is not absolute and liable to undergo the same process as any other JD. She is relying on Judgment passed Honble Punjab and Haryana High Court in case of  Soniya Ahuja V/s Kripal Singh and Ors. reported in MANU/PH/2113/2023 2023/THSC/120798. The facts of cited case and the present case are similar. In the cited case in default of disclosure of assets under Rule 41 of Order 21 of CPC, woman Judgment Debtor was sentenced to undergo civil imprisonment for one month and warrant of attachment was issued. When matter bent up to Honble High Court, the Honble High Court has upheld the order of issuing arrest warrant against the woman Judgment Debtor.
In the instant case also the JD was ordered to be detained in civil prison for 3 months in consequent to disobedience of Rule 41 of Order 21 of CPC and warrant was issued. Considering the observations in the cited case I am of the view of that the arrest warrant could be issued against a woman JD. Hence, warrant be issued against the JD as per Order in Roznama dated 14-02-2020. The Department to comply the order.
Matter stands adjourned for compliance on 11-01-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-01-2024

Date: 11-01-2024
Business: None present.
Matter stands adjourned for compliance on 28-03-2024.
L.O at 12.15 pm.
Adv. Aryaman Ghag present for DH, tendered extension application
for execution of warrant TOR marked as Exh.6. O-Granted.
None present for JD.
Matter stands adjourned for compliance on 28-03-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-03-2024

Date: 28-03-2024
Business: Adv. Bhakti Jain present for plaintiff. Seeking extension of time to execute of warrant. Time is granted.
None present for defendant.
Matter stands adjourned for Notice of Motion hearing
on 08-07-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2024

Date: 08-07-2024
Business: Adv. Prajakta Sawardekar for decreeholder present. She tendered application for extension of execuation of warrant as per the roznama dated 21.11.2023. TOR. Exh.07.
O-Granted.
None present for judgment debtor.
Matter stands adjourned to 12.09.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 12-09-2024

Date: 12-09-2024
Business: As the presiding officer is on leave, hence, matter is adjourned to
Next Purpose: COMPLIANCE
Next Hearing Date: 07-11-2024

Date: 07-11-2024
Business: Adv. Prajakta Sawardekar a/w Karan Parmar present for Decree Holder, tendered application for extension of time TOR marked as Exh.08. O- granted.
None present for Judgment Debtor.
Matter stands adjourned for compliance on 30-01-2025.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2025

Date: 30-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 24-03-2025

Date: 24-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-06-2025

Date: 10-06-2025
Business: As court is vacant. Hence, matter
Next Purpose: COMPLIANCE
Next Hearing Date: 23-07-2025

Date: 23-07-2025
Business: Adv. Vishwa Shah Decree Holder present tendered application for extension of arrest warrant Taken on record marked as Exh-09.
In view of settlement talks are going on between parties.
None for defendant.
Matter stands adjourned to 15 .09.2025 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 15-09-2025

Date: 15-09-2025
Business: None Present.
Kept back.
Later on at 4.00 pm
None present.
Matter stands adjourned to 24-12-2025 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 24-12-2025

Date: 24-12-2025
Business: As presiding officer is on leave in first in session. Hence, matter is adjourned to
Next Purpose: SETTLEMENT
Next Hearing Date: 28-01-2026

Date: 28-01-2026
Business: None for plaintiff/ org. Judgment Debtor.
Adv. Vishwa present for defendant/org. Decree Holder.
FRSR following order is passed
 ORDER
    1. Notice of motion No.1125 of 2020 is dismissed with costs of Rs.50,000/- (Rupees Fifty Thousand Only) to be paid to the Government of Maharashtra within Four (04) weeks from the date of passing of this order/uploading of this order..
    2. The payment of costs is condition precedent.
    3. If the conditions is not complied, it will be in cause.
    4. Notice of motion No.1125 of 2020 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 28-01-2026

Additional Case Details

Additional Case Details
Filing Number: 103511/2020
Filing Date: 13-03-2020
First Hearing Date: 18th April 2020
Decision Date: 28th January 2026
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Orders

1
Final Order 1
28 Jan 2026
Order Details: Other
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0101125/2020
Bhagwati Namo Nankani Vs Rajani J. Gulati
Date : 28-01-2026
Business : None for plaintiff/ org. Judgment Debtor. Adv.
Vishwa present for defendant/org. Decree
Holder. FRSR following order is passed ORDER
1. Notice of motion No.1125 of 2020 is
dismissed with costs of Rs.50,000/- (Rupees
Fifty Thousand Only) to be paid to the
Government of Maharashtra within Four (04)
weeks from the date of passing of this
order/uploading of this order.. 2. The payment
of costs is condition precedent. 3. If the
conditions is not complied, it will be in cause.
4. Notice of motion No.1125 of 2020 is
disposed of accordingly.
Nature of
Disposal
: DISMISSED
Disposal Date : 28-01-2026
COURT 84 ADDL SESSIONS JUDGE
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