Skip to main content
NOTICE OF MOTION

Devendra G BhartuVsSathe Building CHS Society And Ors

CNR MHCC0100339220191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 28th November 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101312/2019
Registration Date
26 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 26-03-2019
    Business: Resumed.
    Adv. Ms. Mona Vyas for plaintiff present.
    Tendered registered NM no. 1312/19 with affidavit and Ch/sum 669/19 with affidavit. She undertakes to serve the defendants.
    Adjd to 12.6.2019 for service.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Adv. Mona Vyas for applicant present.
    Adv. Mehta for deft. no. 2 present.
    The Ld. Counsel for the applicant seeks time to take steps for the service of notice of NM to deft. no. 5a, 5b, 8a and 8b and also to file compliance report.
    Adjourned for service affidavit of NM to 6.8.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv. Vivek Bartu for plaintiff present.
    Adv. Pradhan for defendant nos. 5a 5b, 8a and 8b present.
    Adv. Barucha for defendant no. 2 present.
    Affidavit of service filed by the plaintiff.  TOR.
    Reply to chamber summons no. 669/19 filed by defendant nos.  5a 5b, 8a and 8b.
    Reply to NM no. 1312/19 filed by defendant nos.  5a 5b, 8a and 8b.
    Plaintiff to serve defendant nos. 3, 4, 6 and 7 by RPAD.
    Adjourned for affidavit of service against defendant nos. 3, 4, 6, 7 and reply of defendant no. 2 on NM to 11.9.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Adv. Vivek Bhartu for plaintiff present.
    Adv. Riya Menon for defendant no. 2 present.
    Adv. Mr. Pradhan for deft nos. 5a and 5b, 8a and 8b present.
    Affidavit of service filed on behalf of the plaintiff.
    It appears that defendant nos. 3, 4, 6 and 7 have been duly served but they failed to appear hence Notice of Motion to proceed in the absence of defendant nos. 3, 4, 6 and 7.
    Plaintiff to take steps to serve NM to defendant no. 9.
    Vakalatnama filed by Adv. Vivek Bhartu on behalf of   proposed plaintiff  no. 2 to 5. O-Seen and filed.
    Rejoinder filed by the plaintiff to the reply filed by defendant nos. 5a, 5b, 8a and 8b to NM.
    Rejoinder filed by the plaintiff to the reply filed by defendant nos. 5a, 5b, 8a and 8b to chamber summons
    The Ld. counsel for the deft. no. 2 submitted that the def. no. 2 will not file the reply and will directly argue on CS and NM.
    Adjourned for hearing on NM and chamber summons to 3.10.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Vivek Bhartu with Adv. Shahzad Panday for applicants / proposed plaintiffs present.
    Adv. Riya Menon for defendant no. 2 present.
    Adv. for applicants / proposed plaintiffs  tendered affidavit of service to defendant no. 9. On perusal of the postal endorsement it appears that the deft. no. 9 refused to accept the service .  Hence, the NM 1312/19 and CS No. 669/19 to proceed in absence of defendant no. 9.
    The Ld. Counsel for the defendant no. 2 seeks time for hearing on NM.
    Adjourned for hearing on NM to 10.10.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Devansh Mehta for defendant no. 2 present.
    Adv. Shahzad Panday with Adv. Mona Vyas  for applicants in chamber summons / proposed plaintiffs present.
    Adv. Joshi h/f Adv. Pradhan for defendant nos.  5(a), 5(b), 8(a) and 8(b) present and seeks time on the count that the counsel Mr. Pradhan is not available due to personal difficulty.
    Adjourned for argument on NM and CS to 7.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Vivek G. Bhardu with adv. Shahzad M Panday for proposed plaintiffs present.
    Adv. Pradhan for defendant nos. 5(a), 5(b),  8(a) and 8(b) present.
    Written arguments to CS and NM filed on behalf of proposed plaintiffs.
    Heard the Ld. Advocate for the proposed plaintiffs and defendant nos. 5(a), 5(b), 8(a) and 8(b) on CS and NM.
    Adjourned for order on NM and CS to 22.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Adv. Vivek G. Bhardu with adv. Shahzad M Panday for proposed plaintiffs present.
    Court is busy in other matters.
    Adjourned for order on NM and CS to 28.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Advocate Bhartu along with adv. Shahajand Pandey for plaintiff present.
    Advocate Pradhan for defendant present.
    FRSR following order is passed.
    1. NM 1312/19 is made absolute in terms of prayer clause (a) and (b) subject to cost of Rs. 3000/- to be paid to the defendant no.5a, 5b, 8a, 8b within a period of 2 weeks from today.
    2. On payment of cost suit be restored to its original file.
    3. Payment of cost is subject precedent.
    NM is disposed of.
    Nature Of Disposal: ALLOWED
    Disposal Date: 28-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103696/2019
    Filing Date: 26-03-2019
    First Hearing Date: 26th March 2019
    Decision Date: 28th November 2019
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    28 Nov 2019

    Order Details: Notice of Motion Pdf Text: 1 IN THE COURT OF CITY CIVIL COURT AT GR.BOMBAY NOTICE OF MOTION NO.1312 OF 2019 CNR NO.MHCCO10033922019 IN S.C. SUIT NO.7245 OF 2005 Mr.Devendra Ganesh Bhartu ..Plaintiff V/s 1.Sathe Building CHS Ltd and ors ..Defendants AND 1.Dr.Vivek G.Bhartu and others ..Applicants Adv. Mr.Shahzad M.Pandey on behalf of the applicants/proposed plaintiffs with adv. Mona D.Vyas Advocate Pradhan for defendants CORAM: HIS HONOUR JUDGE SHRI M.SALMAN AZMI DATE: 28/11/2019 ORAL ORDER 1. This notice…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.