NOTICE OF MOTION
Manoj Vasudevan Nair - Comm. Suit St. No. 3863/2020VsKaran Nirmal Chhadwa
CNR MHCC01003519202031-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ORDER
Decision Date: 06th October 2022
TrustJury record updated 28 Sept 2026
Case Overview
- Registration Number
- 101246/2020
- Registration Date
- 09 Jul 2020
Advocates
2For Petitioner
For Respondent
Parties
2Respondent
Acts & Sections
1CODE OF CIVIL PROCEDURE · Sec 09
Case History / Proceedings
Case History
Date: 18-07-2020
Business: N/M
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-07-2020
Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-07-2020
Date: 29-07-2020
Business: Coram Ad-hoc Asstt.Judge,SHRI. M.A.Bhosale (C.R.NO. 32)
Matter pertains to C.R.No.31.
Adv Sahil Ansari for plaintiff present.
It is submitted by counsel that the E-mail of service is laying in his office. He is requested to kept back matter for half an hour. Request is accepted for half an hour.
Later on.
Concerned advocate brought to the notice affidavit of service to the court. As per affidavit of service dated 18/7/2020 copy of Notice of Motion is delivered to the defendant however, till today defendant failed to file reply to the Notice of Motion. Absent today. Hence, Notice of Motion No. 1246 of 2020 is proceeded without reply.
Adjd to 10/8/2020 for argument of N/M No. 1246 of 2020.
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-08-2020
Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-08-2020
Date: 20-08-2020
Business: National Lockdown
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-09-2020
Date: 14-09-2020
Business: CORAM HIS HONOUR JUDGE SHRI R.V. KOKARE(C.R.31)
Adv Sahil Ansari for plff present.
None for deft.
Matter adjd for NM hearing to 28/09/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-09-2020
Date: 28-09-2020
Business: Advocate Sahil Ansari for plaintiff is present.
None present for defendant.
Adjourned for NM hearing to 19.10.2020.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2020
Date: 19-10-2020
Business: Adv. Krupanshu Nandu for plaintiff present.
Adv. Abha Patel for defendant present.
Ex. 1 Plaint.
Ex. 2 Vakalatnama.
Ex. 3 Address Memo.
Ex. 4 List of documents.
Ex. 5 Advocate for defendant filed vakalatnama, t.o.r. and marked at Exh.5 and requested to adjourn the matter for filing W/S and reply to N/M. Request is allowed.
Adjd. for filing W/S and reply to N/M on 02.11.2020.
Next Purpose: REPLY
Next Hearing Date: 02-11-2020
Date: 02-11-2020
Business: Advocate Shruti Rajput for plaintiff is present.
Advocate Shrey Fatharpekar for defendant is present.
Written statement filed by defendant. Taken on record and marked as Exh. 06. Copy served on plaintiff.
Adjourned for NM hearing to 11.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020
Date: 11-11-2020
Business: Advocate Vedanshi Shah for plaintiff is present.
Advocate Abha Patel for defendant is present.
By consent matter adjourned for NM hearing to 26.11.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-11-2020
Date: 26-11-2020
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2020
Date: 09-12-2020
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2021
Date: 05-01-2021
Business: Adv. Sahil Ansari for plaintiff ,endorsed strong objection on draft motion.
Advocate Shrey Fatterpekar a/w Adv. Bhagyashree Lembhe for defendant, submitted draft motion to set a side no reply order dtd. 29-07-20. Leave is granted for registration. Plaintiff has submitted Registered NM No. 32/2021.
Plaintiff to register the suit positively in one week, in default court may proceed for dismissal.
Heard both side Ld. Advs. on draft NM.
F.R.S.R the following order is passed on NM No. 32/21-
Order
1. NM No. 32/2021 is allowed.
2. No reply order dtd. 29-07-2020 is set aside.
3. Reply on NM No. 1246/20 is served on plaintiff. Both side to expedite hearing.
Reply on NM No. 1246/20 is served on plaintiff.
Matter is adjd.to19-01-2021 for NM argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 19-01-2021
Date: 19-01-2021
Business: Adv. P.B. Joshi for plaintiff , prayed for adjournment.
Adv. Fatterpekar for defendant is present.
Matter is adjd.to 28-01-2021 for NM Argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 28-01-2021
Date: 28-01-2021
Business: Adv. Sahil Ansari for plaintiff present.
Adv. Abha Patel for defendant is present.
Both side submits that NM is pending before this court, however, after registration suit has been allotted to another court. It is prayed for time to obtain proper order from the Hon\''ble P.J..
Matter is adjd.to 05-02-2021 for N/M argument.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM ARGUMENTS
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv. Vedanshi Shah I/b Adv. Bipin Joshi for plaintiff present.
Adv. Bhagyashree Lembhe for defendant is present.
It is jointly submitted that after registration suit has been transferred to C.R. No. 32 and parties may obtain proper steps.
Matter is adjd.to 03-03-2021 for NM Arguments.
Next Purpose: NM ARGUMENTS
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Business: Court is on leave
Next Purpose: NM ARGUMENTS
Next Hearing Date: 31-03-2021
Date: 31-03-2021
Business: Adv. Ms. Ankita Jain for plaintiff present.
Adv. Ms. Kanan Chavla for defendant.
Both side submitted to take proper steps to transfer this suit alongwith other suits to C.R.No.32.
Matter is adjd.to 19.04.2021 for n/m.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Both parties are absent.
Matter is adjd.to 5.07.2021 for Notice of Motion.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-07-2021
Date: 05-07-2021
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-07-2021
Date: 28-07-2021
Business: Adv. Shruti Rajput for plaintiff present.
Adv. Aabha Patel for defendant present.
Matter is adjd.to 02-08-2021 for NM Hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2021
Date: 02-08-2021
Business: Adv. Vedanshi Shah I/b Adv. Bipin Joshi for plaintiff present.
None for defendant.
Adjd to 17-08-2021 for NM Hearing .
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2021
Date: 17-08-2021
Next Purpose: NM ARGUMENTS
Next Hearing Date: 27-09-2021
Date: 27-09-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2021
Date: 10-11-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021
Date: 01-12-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2022
Date: 11-01-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2022
Date: 10-02-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022
Date: 28-02-2022
Business: Adv. Shruti Rajput for plaintiff present.
Adv. Kanan Chawda for defendant present and filed original registered NM No. 552/22 with supporting affidavit t.o.r.
Matter is adjd.to 16-03-2022 for NM Reply (2.45pm)
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-03-2022
Date: 16-03-2022
Business: Adv. Shruti Rajput for plaintiff present and filed affidavit in reply in NM No. 552/22
Adv. Nidhi for defendant present and received copy of affidavit in reply in NM No. 552/22.
Matter is adjd.to 01-04-2022 for Hrg in NM No. 552/22.
(2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2022
Date: 01-04-2022
Business: Adv. Vedanshi Shah for defendant present.
Adv. Shrey Fattepekar a/w Adv. Shreyas Mahegwani for defendant present.
With consents of both sides, matter is adjourned to 11-04-2022.
Matter is adjd.to 11-04-2022 for NM Hrg. (2.45pm)
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-04-2022
Date: 11-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022
Date: 25-04-2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. Shruti Rajput for plaintiff present sought time for registration of notice of motion. O- Time extended for register notice of motion.
Adjd for NM hearing to 22/07/2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022
Date: 22-07-2022
Business: Adv. Shreyas Maheshwari for defendant present. None for plaintiff when called.
Adv. for defendant requested time for argument.
Adjd for NM hearing to 02/08/2022
L. O
Adv. Vedanshi Shah i/b Adv. Bipin Joshi for plaintiff present and tendered registered NM No. 2190/22 along with affidavit in support. T.O.R.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2022
Date: 02-08-2022
Business: Adv. Shruti Rajput h/f Adv. Bipin Joshi for plaintiff present.
Adv. Fatarfekar along with Shreyas Maheshwari for defendant present.
Heard arguments of adv. Fatarfekar on NM No. 552/22.
Adjd for NM arguments to 04/08/2022
Next Purpose: NM ARGUMENTS
Next Hearing Date: 04-08-2022
Date: 04-08-2022
Business: Adv. Aman Kacheria and adv. Sakshi Agarwal for defendant present.
Adv. Mr. Fatarfekar alongwith adv. Shreyas Maheshwari for plaintiff present.
Heard arguments of both sides on NM No. 552/22.
Adjd for NM orders to 06/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 06-08-2022
Date: 06-08-2022
Business: adv. Shruti Rajput for plaintiff present.
Adv. Shreyas Maheshwari for defendant present.
Court is busy in passing judgment in suit No. 259/22 hence adjourned.
Adjd for NM orders to 18/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mr. Shreyas Maheshwari for defendant present.
None for plaintiff when called.
Court is busy in recording evidence in com suit No. 246/19 hence adjourned.
Adjd for NM orders to 22/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 22-08-2022
Date: 22-08-2022
Business: Adv. Shreyas Maheshwari for defendant present.
Adv. Gaurav G. i/b Adv. Bipin Joshi for plaintiff present.
Court is busy in recording evidence in another suit hence adjourned.
Adjd for NM orders to 23/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 23-08-2022
Date: 23-08-2022
Business: Adv. Maheshwari for defendant present.
Court Is busy in passing orders in other suit hence adjourned.
Adjd for NM orders to 26/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 26-08-2022
Date: 26-08-2022
Business: Adv. Shreyas Maheshwari for defendant present.
Court is busy in passing order in other suit hence adjourned.
Adjd for NM orders to 30/08/2022
Next Purpose: NM ORDERS
Next Hearing Date: 30-08-2022
Date: 30-08-2022
Business: Adv. Shreyas Maheshwari for defendant present.
Court is busy in passing orders in other suit hence adjourned.
Adjd for NM orders to 05/09/2022
Next Purpose: NM ORDERS
Next Hearing Date: 05-09-2022
Date: 05-09-2022
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Court is on leave
Next Purpose: NM ORDERS
Next Hearing Date: 03-10-2022
Date: 03-10-2022
Business: None present when called.
Court is busy in passing judgment in other suit hence adjourned.
Adjd for NM orders to 06/10/2022
Next Purpose: NM ORDERS
Next Hearing Date: 06-10-2022
Date: 06-10-2022
Business: Adv. Shreyas Maheshwari for defendant present.
None for plaintiff when called.
FRSR the following order Is passed in NM No. 552/2022
ORDER
1. The notice of motion no. 552 of 2022 is disposed off as under :
2. The plaint in Commercial suit No. 08 of 2021 be returned to the plaintiff for being presented to the Court in which the suit should have been instituted.
3. The parties to appear before the Court in newly registered suit.
4. The Proceeding of Notice of Motion No. 552 of 2022 is closed.
FRSR the following order Is passed in NM No. 1246/2020
ORDER
1. In view of order passed in Notice of Motion No. 552 of 2022, this Notice of motion no. 1246/2020 has become infructuous hence it is disposed off.
2. The Proceeding of Notice of Motion No. 1246 of 2020 is closed.
FRSR the following order Is passed in NM No. 2190/2022
ORDER
1. In view of order passed in Notice of Motion No. 552 of 2022, this Notice of motion no. 2190/2022 has become infructuous hence it is disposed off.
2. The Proceeding of Notice of Motion No.2190 of 2022 is closed.
Order passed below Exh.1
1. In view of order passed in Notice of Motion No. 552 of 2022, the plaint in Commercial suit No. 08 of 2021 be returned to the plaintiff for being presented to the Court in which the suit should have been instituted.
2. Parties to bear their respective costs.
3. The Notice of Motion no. 1246 of 2020, Notice of Motion No. 2190/2022 and Notice of Motion No. 552/2022 are disposed off accordingly.
Nature Of Disposal: ORDER
Disposal Date: 06-10-2022Additional Case Details
Additional Case Details
Filing Number: 103887/2020 Filing Date: 09-07-2020 First Hearing Date: 18th July 2020 Decision Date: 06th October 2022 Court Number And Judge: 31-COURT 31 ADDL SESSIONS JUDGE
Orders
1Final Order 106 Oct 2022
06 Oct 2022
Order Details: Notice of Motion Pdf Text: NOTICE OF MOTION NO. 1246 OF 2020 IN COMMERCIAL SUIT NO. 8 OF 2021 CNR NO. : MHCC010035192020 Manoj Vasudevan Nair … Plaintiff Versus Karan Nirmal Chhadwa … Defendant Appearance: Adv. Fatarfekar along with Adv. Shreyas Maheshwari for Defendant. Adv. Aman Kacheria along with Adv. Sakshi Agarwal for Plaintiff. CORAM : SHRI. A.S.SALGAR ADHOC JUDGE, (C.R.NO.31) DATED : 6th OCTOBER 2022 ORDER In view of order passed in Notice of Motion No. 552 of 2022, this Notice of motion no. 1246 of 2020 has become infructuous hence it is disposed off. The Proceeding of Notice of Motion No. 1246 of 2020 is closed. Dated : 06.10.2022 (A.S. Salgar) Adhoc Judge, City Civil Court Gr. Mumbai. Dictated on : 06.10.2022 Typed on : 06.10.2022 -- 1 of 2 -- CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED JUDGMENT/ORDER” UPLOAD DATE TIME NAME OF STENOGRAPHER 08.10.2022 4.00 p.m. Prachi Y. Potdar Stenographer – Grade I Name of the Judge HHJ Shri. A.S. Salgar (C.R.NO. 31) Date of Pronouncement of Judgment/Order. 06.10.2022 Judgment/order signed by P.O on 08.10.2022 Judgment/order uploaded on 08.10.2022 -- 2 of 2 --
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
