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NOTICE OF MOTION

JYOTI H SHAHANI AND 14 ORS (Veena G. Dalwani and Ors. - Applicant)VsM S JIMIT ENTERPRISES LIMITED AND 15 OTHERS

CNR MHCC01003763202063-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 07th March 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101287/2020
Registration Date
14 Aug 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 21-09-2020
    Business: Due to Covid-19.
    None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Son of Plaintiff No.15 present.
    He filed Registered Notice of Motion.
    Matter is adj for NM hearing on 07.01.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Plaintiff present.
    Defendant and advocate absent.
    Matter adjd to 10/03/2021 for N.M. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-03-2021
    
    Date: 10-03-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to the break out of Covid-19 and as per office order Court is taking only urgent matters.
    None present.
    Matter adjd to 14/07/2021 for N.M. hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-01-2022
    
    Date: 15-01-2022
    Business: Adv. Gunjan Agarwal for plaintiff present.
    None present for defendant.
    Applicant no.4 present.
    Adjourned for NM hearing to 21.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: As court is vancant. matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2022
    
    Date: 29-07-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2022
    
    Date: 14-09-2022
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2022
    
    Date: 11-11-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-03-2023
    
    Date: 31-03-2023
    Business: Advocate Patankar for plaintiff no.1 is present.
    Advocate Tushar Nagvekar h.f. Adv. Kalpesh Joshi for defendant no. 7 is present.
    On request of Plaintiff. Matter is adjourned subject to last chance.
    Adjd. for NM hearing to 06/06/2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2023
    
    Date: 06-06-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. S.M. Sigarla present for plaintiff.
    Plaintiff no.01 in person present.
    Adv. Darshit Rupda I/b Kalpesh Joshi Associates present for defendant no.07.
    Matter is adjd. for NM for hearing to 04.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2023
    
    Date: 18-08-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Piyush Shah present for plaintiff no.01
    Adv. Disha Shah present for defendant no.07.
    Adv. Gunjan Agrawal present for plaintiff nos.06, 13a and 15.
    Adv. for plaintiff nos.06, 13a and 15 is directed to supply copy of NM no.1287/2020 to adv. for plaintiff no.01 within one week and adv. for plaintiff no.01 is directed to file reply on next date.
    Matter is adjd. for NM reply to 06.09.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Piyush Shah present for plaintiff no.01.
    Adv. Amar Parab i/b Kalpesh Joshi Associates present for defendant no.07 and filed reply affidavit to NM no.1287/2020. t.o.r. He also filed application for direction to plaintiff to be represented by one advocate. t.o.r
    Adv. Gujan Agrawal present for plaintiff nos.06, 13a and 15.
    Copy of application is given to adv. for plaintiff. t.o.r. Marked as Exh-09.
    Copy of application Exh-09 is given to adv. for plaintiff and there say is called.
    It appears from record that NM no.707/2014 and NM no.1287/2020 are taken by different plaintiffs represent by different advocate. However, defendant no.07 has filed reply to both NM. Even though plaintiff are represented by different advocates, it cannot be hurdle to decide to both NM even prior to deciding application Exh-09. Hence, matter is adjourned hearing on both Notice of Motion.
    Matter is adjd. for NM arguments to 09.10.2023.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-10-2023
    
    Date: 09-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Mr. S. M. Segarla i/b Adv. Piyush Shah present for plaintiff no.01.
    Adv. Gunjan Agarwal present for plaintiff nos.06, 13a, 14 and 15.
    Adv. Amar parab h/f Adv. Kalpesh Joshi present for defendant no.07.
    Both the advocates for plaintiff sought time to file reply on Exh-09. Matter is adjourned for NM hearing.
    Matter is adjd. for NM hearing to 30.10.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Sameer Shahani present for plaintiff no.01 and filed reply affidavit to Notice of Motion no.1287/2020. t.o.r.
    Adv. Nisha Shah present for defendant no.07.
    Adv. for plaintiff no.01 submitted that he admits the application Exh-09 and appropriate order be passed on application Exh-09. Adv. for plaintiff nos.06, 13a and 15 is absent and not filed reply to Exh-09. This court had made clear in the roznama dtd.06.09.2023 that both the Notice of Motions taken by different plaintiffs can be decided prior to application Exh-09. Hence, application Exh-09 will be taken for hearing on next date.
    KB for hearing.
    Adv. for defendant no.07 pointed out that advocate today appearing for plaintiff no.01 is not advocate on record. Therefore, said advocate sought adjournment. It shows that advocate on record for plaintiff no.01 is absent. Plaintiff no.01 is directed to remain present with advocate on record on next date to argue on Notice of Motion.
    KB
    LO at 04:55 p.m.
    Plaintiff no.15 is present and submitted that his advocate is unable to come. This submission is made after passing no reply order on Exh-09.
    Matter is adjd. for NM hearing to 06.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: CORAM : H.H.J. SHRI N. G. SHUKLA(C.R.NO.63)
    Adv. Sameer Shah i/b Adv. Piyush Shah present for plaintiff no.01 and filed authority letter. Taken on record.
    Adv. Amar Parab present for defendant no.07.
    Defendant no.07 is present.
    Notice of Motion no.707/2014 is taken by plaintiff no.01. Notice of Motion no.1287/2020 is taken by plaintiff nos.06, 13a and 15 who is absent for argument.
    KB for argument.
    LO at 04:14 p.m.
    Plaintiff no.15 is present.
    Adv. for defendant submitted that his senior is unable to come to argue Notice of Motion no.707/2014. Adv. for plaintiff no.01 ready to argue. However, otherside advocate is not present, hence matter is adjourned as a last chance that if advocate for defendant remained absent on next date, matter will be decided without his argument.
    Matter is adjd. for NM hearing to 19.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2024
    
    Date: 19-01-2024
    Business: Adv. Sameer Shah present for plaintiff No.1
    Adv. Gunjan Agrawal present for defendant No.6,13 and 15.
    Adv. Nisha Shah for defendant No.7 present.
    Matter is adjd. for nm for hearing  to 12.02.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2024
    
    Date: 12-02-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Adv. Sameer Shahni present for plaintiff no.01.
    Adv. Nisha Shah present for defendant no.07.
    Adv. Gunjan Agrawal present for defendant no.15.
    Matter is adjd. for NM hearing to 07.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2024
    
    Date: 07-03-2024
    Business: CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63)
    Adv. Sameer Sahani present for plaintiff no.01.
    Adv. Gunjan present for plaintiff nos.06, 13, 13a and 15.
    Adv. Kalpesh Joshi present for defendant no.07.
    KB
    Heard argument of adv. for defendant no.07 and Adv. for defendant no.01 on application Exh-09.
    Adv. Gunjan Agrawal not pressed Notice of Motion no.1287/2020. The Notice of Motion no.1287/2020 disposed off as not pressed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 07-03-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103118/2020
    Filing Date: 14-08-2020
    First Hearing Date: 21st September 2020
    Decision Date: 07th March 2024
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    07 Mar 2024
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0101287/2020
    JYOTI H SHAHANI AND 14 ORS (Veena G. Dalwani and Ors. - Applicant) Vs M S JIMIT ENTERPRISES LIMITED AND 15
    OTHERS
    Date : 07-03-2024
    Business : CORAM : H.H.J. SHRI A. K. KALE (C.R.NO.63) Adv.
    Sameer Sahani present for plaintiff no.01. Adv. Gunjan present
    for plaintiff nos.06, 13, 13a and 15. Adv. Kalpesh Joshi present
    for defendant no.07. KB Heard argument of adv. for defendant
    no.07 and Adv. for defendant no.01 on application Exh-09.
    Adv. Gunjan Agrawal not pressed Notice of Motion
    no.1287/2020. The Notice of Motion no.1287/2020 disposed
    off as not pressed.
    Nature of Disposal : WITHDRAWL
    Disposal Date : 07-03-2024
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