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NOTICE OF MOTION

Ms Nisarga Forest India LtdVsNitin S. Chavan

CNR MHCC0100380620191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th April 2019

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101448/2019
Registration Date
04 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Ms Nisarga Forest India Ltd

    Respondent

    1. 1Nitin S. Chavan

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-04-2019
Business: Resumed.
Adv. Shashank Mangle for plaintiff tendered registered NM No. 1448/2019 with affidavit.  He also filed affidavit of service.
     Defendant in person with his Aadhar Card no. 7693 7091 8259 is present before the Court and seeks time to engage the advocate and file reply.  Time is granted as last chance.
Adjd for NM reply/arguments to 10.04.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-04-2019

Date: 10-04-2019
Business: Resumed.
Adv. Shashank Mangale I/b Adv. Satish Rao for plaintiff and defendant in person are present.
Kept back.
L.o. at 4. 20 p.m. Adv. Sachin Shetye I/b Adv. Sudhakar Pandaram for defendant and Adv. Satish Rao for plaintiff are present.
     Adv. Pandaram filed affidavit in reply and vakalatnama.
Heard, respective advocates.  Perused the affidavit filed in support of the NM as well as affidavit filed by the defendant.  There is delay of 2178 days in taking out the NM.  The order for dismissal of the suit was passed on 15.04.2013.  The plaintiff is seeking restoration of the S.C. Suit No. 5789 of 2006.  Both the Ld. Advocates submitted to the orders of this Court.  It appears from record that after transfer of suit no. 209 of 2006 from the Hon''ble High Court to the City Civil Court, due to absence of the plaintiff the suit was dismissed for want of prosecution.  The plaintiff took out NM No. 1448 of 2019 on 04.04.2019.
Considering the rival submissions and in order to decide the matter on merits by avoiding multiplicity of proceedings, it is just and proper to allow the NM.  The prejudice which may be caused to the defendant can be compensated in terms of costs.  Thus the following order is passed -
  The NM No. 1448 of 2019 is made absolute in terms of prayer clause (a) and (b) subject to payment of costs Rs. 5000/- to be paid to defendant or deposited the same in the Court for that purpose within a period of two weeks from today. Upon compliance of this order the suit no. 5789 of 2006 will be restored to the file of this Court.
Nature Of Disposal: ALLOWED
Disposal Date: 10-04-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 104145/2019
Filing Date: 04-04-2019
First Hearing Date: 05th April 2019
Decision Date: 10th April 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Apr 2019

    Order Details: Notice of Motion Pdf Text: CORAM : HIS HONOUR JUDGE CITY CIVIL COURT AND ADDL. SESSIONS JUDGE SHRI M. S. DESHPANDE. (C.R. No. 01) 10/04/2019 Roznama Suit No. 4660/2008 Resumed. Adv. Nikita Lokare for plaintiff, Adv. Ashwini for def. Nos. 3 and 4 Adv. Lad for defendant no. 9, Adv. Shirole for def. no. 5 and Adv. Shweta Satardekar for def. no. 6 are present. Adv. Lokare tendered registered Ch/s No. 606/2019 with affidavit. Heard, respective advocates. It…

    Read Full Order

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