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NOTICE OF MOTION

Mr. Pralad Waman YadevVsKamal Popat Yadav +3 more

CNR MHCC0100350520183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th February 2022

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101084/2018
Registration Date
13 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    5

    Acts & Sections

    1
    Payment Of Gratuity Act 1972 · Sec 9

    Case History / Proceedings

    Case History
    Date: 22-03-2018
    Business: Matter adj. for Affidavit of Service to 16.07.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Matter adj. for NM Hearing to 19.10.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-10-2018
    
    Date: 19-10-2018
    Business: Matter adj. for CS Reply and NM Hearing to 16.02.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-02-2019
    
    Date: 16-02-2019
    Business: matter adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Matter stands Adj for hearing on CS to 01.07.19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: The court was on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: main suit adjn to 02.08.18
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv. Santosh Kori for plaintiff present.
    Adv. Patil for defendant no.2 present and filed VP and draft CS along with affidavit. Leave granted to register draft CS.
    Hence, Matter stands Adj for CS reply to 26.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-08-2019
    
    Date: 26-08-2019
    Business: As court is busy in dictating judgement in NDPS SPL 181/14 and order in suit no. 3833/10 and 2774/14. Hence, board is discharged.
    Matter stands Adj 04/10/2019 for reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Business: None present for plaintiff.
    Adv. Patil for defendant no. 2 present and filed original CS no. 1519 of 2019 along with affidavit.
    Matter stands Adj for reply to CS on 29.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Court is busy in dictating order in NM no.804/19(in suit no. 3650/13) and in Commercial st. no. 13040/19. Hence, board is discharged.
    Matter stands Adj for reply to 23.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Plaintiff present.
    Adv. Santosh Kori for plaintiff present.
    Defendant no. 2 and 3 present in person and their advocate absent.
    Heard both sides. Ld. counsel for plaintiff prays for early hearing of the NM no. 1084/18 filed by the plaintiff seeking temporary injunction/directions against the defendants not to create Third party interest.
    The Cs no. 1086/19 and 1519/19 filed by the plaintiff is also pending without progress. It appears that said CS are not maintainable.
    Matter stands Adj for hearing on NM no. 1084/18 and on the maintainability of CS no. 1086/19 and 1519/19 to 18.02.2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Amar Shivant for plaintiff present.
    Defendant no. 2 and 3 present.
    Adv. Avinash Patil for defendants present.
    By consent, Matter stands Adj for hearing on NM to 05.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Business: Plaintiff present.
    Adv. Santosh Kori for plaintiff present.
    Defendant present.
    Adv. Avinash Patil for defendant present and filed draft NM along with affidavit. Leave granted to register draft NM.
    Matter stands Adj for hearing on NM to 15.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: None present.
    The case is adjourned to 04.02.2021 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Advocate Santosh Kori for plaintiff present.
    Advocate Avinash Patil for defendant present.
    The case is adjourned to 11.02.2021  for NM hearing.
    LO at 3.20pm
    Advocate Avinash Patil for defendant present and tendered registered Notice of Motion No.1705/20 along with affidavit in support of Notice of Motion. T.O.R.
    Already the case is adjourned to 11.02.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Advocate Santosh Kori for plaintiff present. Advocate Avinash Patil for defendant no.1 to 4 present. Heard advocate for Plaintiff and defendant on NM No.1705/20. F.R.S.R.following order is passed ORDER 1. Notice of Motion No.1705/20 is made absolute. 2. Exparte order dated 16.07.2018 is set aside. 3. Defendant shall file Written Statement on or before next date. 4. No order as to costs. The case is adjourned to 08.03.2021 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: None for Plaintiff.
    defendant No. 2 present and filed application for adjournment. TOR and marked as Exh. 3.
    O-Considering medical certificate attached revealing that the advocate for defendant is not well, time is granted.
    The case is adjourned to 31.03.2021 for written statement.
    LO at 3.01pm,
    Advocate Santosh Kori for plaintiff present.
    Already the case is adjourned to 31.03.2021 for written statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
    The case is adjourned to 24.06.2021 for Written Statement.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: WRITTEN STATEMENT
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Matter called out at 12.05 pm
    Adv. Santosh D. Kori for plaintiff present.
    He is seeking time to file Chamber Summons for bringing  LR\''s of plaintiff on record.
    O- Time granted.
    Matter stands adjourned to  29-09-2021 hearing on Ch/sum.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Matter called out at 4.10 p.m.
    Adv. Santosh Kori for plaintiff present.
    He tendered draft CS to bring the LRs of the plaintiff.
    O-Leave granted to register.
    Draft CS is handed over to the plaintiff for registration.
    He undertakes to serve copy to the other side.
    Defendant No. 2 Deepak Popat Yadav present in person.
    Matter stands adjourned to 20.11.2021 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: Court is on leave. Hence, board is discharged.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Matter called out at 3.55 p.m.
    Adv. Santosh Kori for plaintiff present. He tendered reg. CS. No.1547/21. TOR.
    Adv. Avinash Patil for defendant present.
    Following F.R.S.R. order is passed in CS 1547/2021.
    ORDER
    1.   Chamber summons No.1547 of 2021 is allowed in terms of prayer clause (a) to (c).
    2.   The applicant is directed to carry out necessary amendment in the plaint within a period of 14 days from the date of order.
    3.    Costs in cause.
    4.    Chamber summons disposed of accordingly.
    Heard both the sides on CS. No.1086/19
    O- The Deft. No.1, 3 and 4 filed instant CS for recalling of order dated 16.07.2018, by which suit proceeded without their WS. In fact, the aforesaid order was recalled by my predecessor in NM No.1705/2020.  Hence, nothing survives in present CS and same is disposed of as infructuous.
    Heard both the sides on CS. No.1519/19
    O- The Deft. No.2 filed instant CS for recalling of order dated 16.07.2018, by which suit proceeded without their WS. In fact, the aforesaid order was recalled by my predecessor in NM No.1705/2020.  Hence, nothing survives in present CS and same is disposed of as infructuous.
    Adv. Avinash Patil tendered WS cum Reply to NM No.1084/18. TOR. Exh.4.
    Copy supplied to the other side.
    Following F.R.S.R. order is passed in NM No.1084/18.
    ORDER
    1.   Notice of Motion No.1084 of 2018 is allowed in terms of prayer
    clause (b).
    2.   Parties to bear their own costs.
    3.   Notice of Motion is disposed of accordingly.
    Matter stands adjourned to 21.04.2022 for Issues.
    Nature Of Disposal: ALLOWED
    Disposal Date: 17-02-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 103884/2018
    Filing Date: 13-03-2018
    First Hearing Date: 22nd March 2018
    Decision Date: 17th February 2022
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    17 Feb 2022

    Order Details: Notice of Motion Pdf Text: 1 NM 1084/18(Suit 628/18) IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1084/2018 IN S. C. SUIT NO.628/2018 Mr. Pralad Waman Yadav ..Plaintiff V/s. 1. Kamal Popat yadav 2. Deepak Popat Yadav. 3. Pravin @ (Pintya) Popat Yadav. 4. Rani Popat Yadav. .. Defendants Appearances : Adv. Santosh Kori for plaintiff. Adv. Avinash Patil for defendants. Coram : His Honour Judge Shri. A.H.Laddhad CR No.:03. Date : 17.2.2022. ORDER…

    Read Full Order
    Order 1Full order available
    17 Feb 2022

    Order Details: Notice of Motion Pdf Text: 1 NM 1084/18(Suit 628/18) IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1084/2018 IN S. C. SUIT NO.628/2018 Mr. Pralad Waman Yadav ..Plaintiff V/s. 1. Kamal Popat yadav 2. Deepak Popat Yadav. 3. Pravin @ (Pintya) Popat Yadav. 4. Rani Popat Yadav. .. Defendants Appearances : Adv. Santosh Kori for plaintiff. Adv. Avinash Patil for defendants. Coram : His Honour Judge Shri. A.H.Laddhad CR No.:03. Date : 17.2.2022. ORDER…

    Read Full Order

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