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NOTICE OF MOTION

National Housing Bank - Applicants - Krishna S- o Lalit Kabra And OrsVsSantosh Kumar Bagla And Anr

CNR MHCC01003538201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 24th July 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101381/2019
Registration Date
29 Mar 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 02-08-2019
    Business: Adv. Maiyra Patel for DH present.
    None present for JD.
    Adv. Devendra Sharma for 3rd party applicant present.
    The Ld. Counsel for 3rd party applicant has filed registered NM No.1381/19 along with affidavit.
    Ld. counsel for DH sought time to file reply.
    On 20/03/2019 DH has received the copy of NM. On that day as well as on last date and even on today DH has not filed reply. Hence, time is granted to DH to file reply on condition to maintain status-quo.
    Matter adjd for reply on 24/09/2019.
    Next Purpose: REPLY
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: Adv. Mayara Patel for DH present.
    None present for JD.
    Adv. Manjiri for applicant present.
    Matter adjd by consent for reply on 18/11/2019.
    Next Purpose: REPLY
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. Sonu Bhasir for plaintiff present.
    Adv. Devendra Sharma for Third party applicant present.
    Matter adjd to 14/01/2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Patil for Plaintiff/DH present.
    Adv. Priyanka for applicant present.
    The Ld Adv appearing for plff seeks time to file reply to the NM
    On the request of Ld. Advocate for plaintiff matter is adjourned for filing reply to the NM as a last chance.
    Plff is directed to serve copy of reply to the applicant in advance.
    Matter adjd for filing reply and hearing of NM on 25/02/2020 at 02.45 pm.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Business: Adv. Rujuta Patil for DH/plaintiff present.
    Adv. Priyanka Bhitora for JD/ defendant present.
    Plaintiff/ DH did not file reply to NM no. 1381/19 hence, the said NM is proceeded without reply.
    Ld Adv for defendant seeks time to argue. Time granted till next date.
    Matter adjd for NM hearing to 20-04-2020 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 11-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: None present.
    Today matter is for NM hearing.
    The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
    Matter adjd for NM hearing to 03-02-2021.
    L.O. at 2.26 pm  Adv Priyanka Bhitora for applicant present.
    Matter adjd for NM hearing to 03-02-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2021
    
    Date: 03-02-2021
    Business: Adv. Rujuta Patil for DH present.
    Adv. Vaibhav Kamble for plaintiff present.
    Adjd for NM hearing to 18/03/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Nobody present.
    Adjd for NM hearing to 28/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 28-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2021
    
    Date: 29-06-2021
    Business: Both parties and their advocate absent.
    Matter adjd to 26.08.2021 for N/M Hrg.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 29-06-2021
    Business: Both parties and their advocate absent.
    Matter adjd to 26.08.2021 for N/M Hrg.
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: Board is discharged. Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 16-09-2021
    Business: Board is discharged.  Matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 22-12-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: AS PO IS ON TRAINING
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: Adv Vikrant Makhre I/b Negandhi Shahfor plff DH present
    None for def JD
    Adv for plff DH requests short time.  Granted.
    Matter is adjd on 02.08.2022 NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 18-06-2022
    Business: Adv Vikrant Makhre I/b Negandhi Shahfor plff DH present
    None for def JD
    Adv for plff DH requests short time.  Granted.
    Matter is adjd on 02.08.2022 NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Matter called out at 3.06 pm
    Adv Vikrant Makhare I/b Negandhi Shah and Himayatullah for plff DH present
    None for Defendant JD
    None present from defendant to argue on NM.  Record shows that even on last date no one was present for defendant JD.  Defendant JD is directed to proceed with hearing on NM else consequent order shall follow.
    Matter is adjd on 29.09.2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 02-08-2022
    Business: Matter called out at 3.06 pm
    Adv Vikrant Makhare I/b Negandhi Shah and Himayatullah for plff DH present
    None for Defendant JD
    None present from defendant to argue on NM.  Record shows that even on last date no one was present for defendant JD.  Defendant JD is directed to proceed with hearing on NM else consequent order shall follow.
    Matter is adjd on 29.09.2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv Vikrant Makhare for plff DH present.  None for defendant
    Court is busy in dictating judgment in Suit No. 7408/96 and Order in Suit 2162/15.  Hence, Board is discharged.
    Matter is adjd on 15.11.2022 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: None for plaintiff.
    None for defendant.
    Matter Adjd on 09.01.2023 for N/M Hrg.
    Later on at 3.50 p.m.
    Adv Vikrant Makhare I/b Nigandhi Shah with Himayutullah for DH present.
    Matter already adjd on 09.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Matter called out at 2.59 pm
    Adv Vikrant Makhare for plff DH present
    None for defendant JD
    No one is present for applicants to argue on NM No. 1381/2019.  Record shows that applicants are not attending the matter since 03.02.2021.  NM is fixed for dismissal order on next date.
    Matter is adjd on 21.02.2023 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-02-2023
    
    Date: 09-01-2023
    Business: Matter called out at 2.59 pm
    Adv Vikrant Makhare for plff DH present
    None for defendant JD
    No one is present for applicants to argue on NM No. 1381/2019.  Record shows that applicants are not attending the matter since 03.02.2021.  NM is fixed for dismissal order on next date.
    Matter is adjd on 21.02.2023 for Dismissal
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: None present
    None present for applicants though their Notice of Motion is for passing dismissal order. The record shows that no one is appearing for applicant in this matter despite of specific directions given to proceed with hearing on Notice of Motion. Therefore Notice of Motion 1381 of 2019 stands dismissed for want of prosecution.
    DH to proceed with execution.
    Matter is adjd on 01-04-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-04-2023
    
    Date: 21-02-2023
    Business: None present
    None present for applicants though their Notice of Motion is for passing dismissal order. The record shows that no one is appearing for applicant in this matter despite of specific directions given to proceed with hearing on Notice of Motion. Therefore Notice of Motion 1381 of 2019 stands dismissed for want of prosecution.
    DH to proceed with execution.
    Matter is adjd on 01-04-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-04-2023
    
    Date: 01-04-2023
    Business: Matter called out at 03:08 PM.
    None present for the DH.
    None present for the JD.
    Matter is adjd on 06.06.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-06-2023
    
    Date: 01-04-2023
    Business: Matter called out at 03:08 PM.
    None present for the DH.
    None present for the JD.
    Matter is adjd on 06.06.2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Yohaan Shah i/b Negandhi.Shah and Himayatullah for DH present.
    As per order dated 21/02/2023 N/M No.1381/19 is dismissed in default.  Today advocate for DH request time to take the steps.
    Matter is adj to 24/07/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2023
    
    Date: 06-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Yohaan Shah i/b Negandhi.Shah and Himayatullah for DH present.
    As per order dated 21/02/2023 N/M No.1381/19 is dismissed in default.  Today advocate for DH request time to take the steps.
    Matter is adj to 24/07/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 24-07-2023
    
    Date: 24-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Yohaan Shah i/b Negandhi.Shah and Himayatullah for DH present.
    None for JD.
    As per order dated 21/02/2023 N/M is disposed off. Hence, N/M No.1381/2019 removed from Board.
    Nature Of Disposal: OTHER
    Disposal Date: 24-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 103736/2019
    Filing Date: 29-03-2019
    First Hearing Date: 20th June 2019
    Decision Date: 24th July 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    24 Jul 2023
    Order Details: Notice of Motion
    Pdf Text: 32,33
    24/07/2023
    EA 242/16
    NM 1381/19
    CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Yohaan Shah i/b Negandhi.Shah and Himayatullah for DH
    present.
    None for JD.
    As per order dated 21/02/2023 N/M is disposed off. Hence, N/M
    No.1381/2019 removed from Board.
    Matter is adj to 27/09/2023 for hearing on EA.
    Judge
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