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NOTICE OF MOTION

Tilak Dedhia Prop. Of Bhabha Financial ConsultantVsRipan Desai and Ors.

CNR MHCC01003967201961-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 26th July 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101499/2019
Registration Date
09 Apr 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 10-04-2019
    Business: Adv for deft No.1 present
    Matter is Adjd for tendering register N/M and reply to N/M to 22/06/2019.
    L.O.
    Plaintiff present
    Next Purpose: REPLY
    Next Hearing Date: 22-06-2019
    
    Date: 22-06-2019
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: P.O. is on leave, Board is discharged
    Next Purpose: REPLY
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adjd
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Adv.Jayraj  for plaintiff present.
    Adv.Shukla for defendant No.1 present.
    Adv.Mukarti for defendant No.2, 2A to 2C.
    Both the advocates filed their say on NM No-1499/19.
    Matter adjd for NM hearing to 27.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2019
    
    Date: 27-09-2019
    Business: P.O. is on leave, Board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Plaintiff present.
    Adv. for plaintiff absent.
    Ad. Shukla for defendant no.1 present.
    Adv. Mukhari for defendant no.2, 2-A to 2-C  present. Plaintiff requested for time. Matter is old one therefore short time given finally.
    Matter adj for N/M Hearing to 02/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: P. O. is on training. Hence board is discharged.
    Matter adj to 28/01/2020 for N/M Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2020
    
    Date: 28-01-2020
    Business: Adv Deepali Majethia for defendant present.
    KB.
    LO at 11.40 am.
    Plaintiff present and his advocate absent.
    Defendant No.2 and 2A to 2C present.
    Adjourned for arguments on NM to 21.02.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Plaintiff personally present.
    Adv for plaintiff absent.
    Adv Girish Agarwal for defendant no.2 and 2A to 2C present.
    Adv Mehul Rathod for defendant no.1 present.
    Plaintiff is seeking adjournment.
    Adv of defendant pointed out that plaintiff is seeking repeated adjournments.
    Hence subject to cost of Rs.500/- to each defendant no.1 and 2 as a last chance, Matter adjourned for NM arguments to 26.03.2020 at 2.45 pm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: Due to Covid -19 Lockdown
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-06-2020
    
    Date: 29-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: National Lockdown
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-09-2020
    
    Date: 28-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Plaintiff and his advocate are absent.
    Defendant absent.
    Adv. A.N. Mukhari for deft. 2, 2 (A) to 2 (C) Present.
    Matter is adjd to 24.02.2021 for N/M Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 26.03.2021 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Dhurvika Bhayani I/b Kenny Thakkar for the deft no. 1 present.
    Matter is adjd to 23.06.2021 for N/M arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-06-2021
    
    Date: 23-06-2021
    Business: Both the parties and their advocates are absent.
    Hence, delay the matter.
    L.O. at 11.51 a.m.
    Adv. Dhruvika for the deft present.
    Matter is adjd to 06.08.2021 for N/M arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 06-08-2021
    
    Date: 06-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 17.08.2021  for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to  16.09.2021 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Court is vacant
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Court is Vacant.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Plaintiff absent.
    His Notice of Motion is for argument he is directed and argue on NM on next date without fail
    Adv Dhwanika for defendant no. 1 present.
    Adv A M Nikri for defendant no. 2 a to 2c present.
    Matter is adjd to 19.01.2022 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: None present.
    Matter is adjd for  NM argument to 11.02.2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Adv N.R Morya for defendant no 2 present.
    Matter is adjd for NM arguments  on 19-04-2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: P.O. is on Trining
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None for Plaintiff.
    Adv. Ms. Bhuviha Bhayani for Defendant No. 1 present.
    Adv. Mr. N. R. Maurya for Defendant Nos. 2(a) to 2(c) present.
    As the suit is of the year 1998, Plaintiff is directed to workout the NM on next date without fail.
    Matter adjourned to 26/07/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: None for Plaintiff.
    Adv. Mr. Mehul Rathod for Defendant No. 1 present.
    Adv. Mr. N. R. Maurya for Defendant Nos. 2(a) to 2(c) present.
    On last date this court has directed the Plaintiff to workout NM today without fail.  However, Plaintiff is absent again.
    Heard Ld. Advocate Rathod for Defendant No. 1.
    He submits that similar application for similar reliefs are already dismissed.
    Advocate Mr. Maurya also submits that there is no merit in the application.  Same be dismissed.  He invites attention of this court to the Judgment and Order passed by Hon\\\''ble High Court in Writ Petition No. 11151/2017 dated 03/11/2017 and submits that in view of the said Judgment the present application is not tenable.
    The present NM is moved by the plaintiff seeking leave to lead secondary evidence to prove certain documents.  On perusal of the Order passed by Hon\\\''ble High Court (supra)  it is clear that no leave/permission is required for party who is desires of to lead secondary evidence.
    In view of the said Judgment I find the present applcation unwarranted.  Plaintiff may lead secondary evidence in the light of the Judgment of Hon\\\''ble High Court.  Hence, NM is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 26-07-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 104337/2019
    Filing Date: 09-04-2019
    First Hearing Date: 10th April 2019
    Decision Date: 26th July 2022
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    26 Jul 2022

    Order Details: Other Pdf Text: (60) 26.07.2022 Sum 7926/88 NM 1499/19 CORAM : DR. SHRI. S. D. TAWSHIKAR (C.R. No.61) None for Plaintiff. Adv. Mr. Mehul Rathod for Defendant No. 1 present. Adv. Mr. N. R. Maurya for Defendant Nos. 2(a) to 2(c) present. On last date this court has directed the Plaintiff to workout NM today without fail. However, Plaintiff is absent again. Heard Ld. Advocate Rathod for Defendant No. 1. He submits that similar application for similar reliefs…

    Read Full Order

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