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NOTICE OF MOTION

Uttam Kantilal Pandhi - Suit St. No. 4312/2020VsGautam Kantilal Pandhi

CNR MHCC01003982202065-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101314/2020
Registration Date
07 Sept 2020
Next Hearing Date
29 Sept 2026
Case Stage
C/S HEARING

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: 15-09-2020
    Business: Adv. S. Y. Throat for plaintiff is present.
    Adv. Rajesh Singh appeared for defendant no.4 and filed
    v/n. TOR and marked Exh.2.
    Adv. N.C. Parekh @ Nirav Marjadi  appeared for defendant nos. 1 to 3 and undertakes to file v/n on next date.
    Plaintiff tendered original N/M  1314/2020
    Plaintiff is directed to serve copy of plaintiff and N/M  to defendant nos.1 to 3.
    Adjd for N/M service to 05/10/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-10-2020
    
    Date: 27-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: R&P not before court.
    both side absent.
    Adjd to 09.03.2021 for steps.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Next Purpose: DIRECTIONS
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Adv. S.Y. Thorat for plff. present.
    Adv. N.C. Parekh along with Adv. Nirav Marjadi for deft. no.
    1 to 3 present.
    Adv. for plff. stated that the plff. desires to file rejoinder to the reply filed in the Notice of Motion.
    On perusal of roznama dtd. 10.12.2020, the opportunity was granted to the plff. to file rejoinder.
    Adv. for plff. is present today therefore the plff. to file rejoinder, if any on next date, failing which NM will be heard and decided and no further opportunity will be given to the plff. to file rejoinder.
    Adjd. to 12.07.2021 for rejoinder/ hearing of NM.
    L.O.
    Adv. Rahul Sinh for deft. no. 4 present.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Mr. Nirav Marjadi for defendant No. 1 to 3 present.
    Exh-9 Adv. for plaintiff filed an application for necessary directions and order of No reply and notice of Motion No. 1314/20 to proceed exparte against defendant No. 4. t.o.r.
    Adv. for plaintiff filed affidavit in rejoinder of the plaintiff to the affidavit in reply of defendant No. 1. t.o.r.
    Adv. for plaintiff filed affidavit in rejoinder of the plaintiff to the Written statement of defendant No. 4. t.o.r.
    Adjd for reply of defendant No. 4/argument to 11/08/2021
    L. O at 11.26 am
    Adv. Rahul Singh for defendant No. 4 present and filed a pursis. t.o.r.
    Adv. for defendant No. 4 stated that the written statement filed by him be treated as reply to notice of motion No. 1314/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Defendant No. 1 present.
    Adv. Nirav Marjadi along with Adv. N. C. Parekh I/b Mansukhlal Hiralal and Co. for defendant No. 1 to 3 present.
    Adv. Rajesh Singh for defendant No. 4 present in morning session at 11.35 am and stated that he will not be able to remain present at 2.45 pm
    kb in afternoon session
    L. O at 2.56 pm
    Adv. Mr. Thorat for plaintiff present.
    Adv. Nirav Marjadi for defendant No. 1 to 3 present.
    Adv. for plaintiff stated that complete pages of Written statement are not supplied to him
    Adv. for defendant to comply the same.
    Adv. for defendant No. 4 stated that the entire copy of written statement is served to Adv. for plaintiff now.
    Adv. for plaintiff stated that he has received the said copy and would like to argue the application in that respect.
    Adv. for defendant No. 4 stated that he has not received the copy of application of plaintiff.
    Kb.. L. O at 4.15 pm
    Adv. Thorat for plaintiff present.
    Adv. Mr. Marjadi for defendant No. 1 to 3 present.
    Adv. Rajesh Singh for defendant No. 4 present.
    Adv. for plaintiff stated that he has served the copy of application to defendant No. 4
    Adv. for defendant No. 4 stated that he does not have the copy of application.
    Reply filed to the application Exh- 9 by Adv. for defendant No. 4 in the application itself.
    Heard Adv. Thorat for plaintiff and Adv. Rajesh Singh for defendant No. 4 on Exh.9
    On 12.07.2021 the pursis is filed by defendant No. 4. The pursis for what purpose is filed is not noted in roznama therefore the same is noted herein under.
    The pursis is filed by defendant No. 4 to treat the written statement of defendant No. 4 as affidavit in reply to Notice of motion No. 1314/20
    Adv. for plaintiff stated that he may file affidavit in rejoinder after going through the written statement of defendant No. 4
    Adjd for orders at Exh.9 to 12.08.2021
    Next Purpose: ORDER
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. Nirav Marjadi along with Adv. N. C. Parekh for defendant No. 1 to 3 present.
    Dictation started around 12 noon in open court.
    One of the Adv. for defendant is present hence declared at 12.30 pm.
    ORDER passed below Exh.9 in NM No. 1314/20
    1. Application Exhibit 9 is rejected.
    2. No order as to cost.
    3. Application Exhibit 9 is disposed of accordingly.
    kb
    L. O at 12.40 pm
    Adv. Mr. S. Y. Thorat for plaintiff present.
    kb L. O at 3.50 pm
    Adv. S. Y. Thorat for plaintiff present.
    Adv. Nirav Marjadi for defendant No. 1 and 3 present.
    Adv. Rajesh Singh for defendant No. 4 present.
    Adv. for defendant No. 1 to 3 submitted to look after rejoinder affidavit filed by Adv. for plaintiff to written statement. He says that it is barred under City civil rules.
    Now notice of motion is for arguments therefore whatever objections the parties want to record may say so in their arguments to notice of motion.
    Adjd for NM hearing to 29/09/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Mr. Marjadi for defendant No. 1 to 3 present.
    Adv. Rajesh Singh For defendant No. 4 present and stated that he wants to file sur-rejoinder.
    Adjd for NM hearing to 14/10/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Rajesh Singh for 4 present.
    Adv. Nirav Marjadi for 1 to 3 present.
    Adv. For defendant No. 1 to 3 filed draft notice of motion along with affidavit in support. O- Leave granted to register NM
    Adv. For deft No. 1 to 3 stated that he is serving draft NM to plaintiff and defendant No. 4
    Adv. For defendant NO. 4 filed affidavit in sur-rejoinder. t.o.r.
    Adjd for NM hearing to 15/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Plaintiff present.
    Adv. S. Y. Thorat For plaintiff present.
    Adv. Mr. Parekh For defendant No. 1 to 3 present and tendered registered NM No. 2528/21
    Adv. Rahul  Singh for deft No. 4 present.
    Adjd for NM reply No. 2528/21 to 09/02/2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: Dt.09/02/2022
    Suit 1107/20
    Nm 1314/20
    Nm 2528/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    At 11.13am
    None present.
    KB
    LO at 2.29 pm.
    Adv. Niranjan Parikh for defendant present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for NM reply to 20-04-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. For plaintiff filed affidavit in reply to NM No. 2528/21. T.O.R.
    Adv. Niranjan Parekh for defendant present.
    Adv. Ashish singh for defendant No. 2 present.
    Adjd for NM hearing to 12/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Niranjan Parekh for defendants no. 1 to 3  present.
    Matter is adjd.to 12-09-2022 for rejoinder in NM No.  2528/21 and for reply by defendant no. 4.
    Next Purpose: REPLY
    Next Hearing Date: 12-09-2022
    
    Date: 12-09-2022
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Niranjan Parekh a/w Adv. Hasan for defendants no.1 to 3  present.
    None for defendant no. 4
    As defendant no. 4 has not filed reply in NM No. 2528/21. Hence, NM No.  2528/21 is kept for hearing without reply.
    Matter is adjd.to 18-10-2022 for NM Hrg.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2022
    
    Date: 09-12-2022
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-02-2023
    
    Date: 17-02-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2023
    
    Date: 23-03-2023
    Business: matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2023
    
    Date: 19-04-2023
    Business: matter is adjourned to
    Next Purpose: REJOINDER
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Niranjan Parekh  for defendant no. 1 to 3 present.
    None for defendant no. 4.
    Matter adjourned for hearing on n/m no. 2528 of 2021 and n/m no. 1314 of 2020 to 25/08/2023.
    Next Purpose: HEARING
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Sayali For defendant  no. 1 to 3 present and seek adjournment for hearing. O-Adjournment granted.
    Matter adjourned for hearing on both n/m to 07/11/2023.
    Next Purpose: HEARING
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: None For plaintiff present.
    None  For defendant present.
    Matter adjourned for NM hearing to 23/01//2024.
    Next Purpose: HEARING
    Next Hearing Date: 23-01-2024
    
    Date: 23-01-2024
    Business: None for Plaintiff present.
    Adv. Aditya Khare for defendants no. 1 to 3 present.
    Adv. Rahul Singh for deft no.4 present.
    Matter stands adjourned on 27/03/2024 for Hearing of NM.
    Next Purpose: HEARING
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: Advocate S.Y. Thorat for Plaintiff present.
    Advocate Sayali Puri for defendants No.1 to 3 present.
    Advocate Sarita Chaudhary h/f Advocate Rajesh Singh for defendant No.4 present.
    Matter stands adjourned on 19.07.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2024
    
    Date: 19-07-2024
    Business: Adv. Prachi Devrukhkar h/f Adv. Thorat for plaintiff present.
    Adv. Niranjan Parekh for defendant No.1 to 3 present.
    Adv. Sarita Chowdhary h/f Adv. Rajesh for defendant No.4 present.
    Learned Adv. for plaintiff seeks time for hearing.  Short adjournment granted.
    Matter stands adjourned on 09/10/2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2024
    
    Date: 09-10-2024
    Business: Adv. S. Y. Thorat for plaintiff present and submitted that matter is pending for Notice of Motion hearing. He submitted that in view of the subsequent proceeding before Co-Operative Appellant Court, Mumbai, he wants to take out Chamber Summons and time may be granted.
    Adv. Sayali Puri i/b Mansukhlalhiralal and Co. for defendant No.3 present.
    Adv. Rajan Mishra h/f Adv. Rajesh Singh for defendant No.4 present.
    None for other defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 04/12/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-12-2024
    
    Date: 04-12-2024
    Business: Adv. Heramb Pawar h/f Adv. S. Y. Thorat for plaintiff present and seeks time for taking steps. Time granted.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 09/01/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-01-2025
    
    Date: 09-01-2025
    Business: None for plaintiff present.
    Adv. Niranjan Parekh for defendant No.1 to 3 present.
    None for other defendant present.
    Keep Back.
    Later on.
    Adv. Heramb h/f Adv. S. Y. Thorat for plaintiff present.
    Adv. Niranjan Parekh for defendant No.1 to 3 present.
    None for other defendant present.
    Adv. for plaintiff file application for adjournment. O-short adjournment granted. Taken on record and marked as Exhibit-12.
    Matter stands adjourned on 03/03/2025 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2025
    
    Date: 03-03-2025
    Business: Adv. S. Y. Thorat for plaintiff present and filed draft Chamber Summons along with affidavit. Leave granted to register it. Copy served upon other side.
    Adv. Niranjan Parekh i/b Mansukhlal Hiralal and Co. for defendant No.1 to 3 present.
    Adv. Ranjan h/f Adv. Rajesh Singh for defendant No.4 present.
    Matter stands adjourned on 16/04/2025 for service, reply, and filing registered Chamber Summons.
    Next Purpose: SERVICE
    Next Hearing Date: 16-04-2025
    
    Date: 16-04-2025
    Business: Adv. S. Y. Thorat for plaintiff present and submitted registered Chamber Summons No.768/2025 along with affidavit. Taken on record.
    Adv. Niranjan Parekh for defendant No.1 to 3 present and filed reply to Chamber Summons No.768/2025. Taken on record.   Copy served upon other side.
    Matter stands adjourned on 11/06/2025 for Chamber Summons hearing.
    Later on.
    Adv. Pallavi Singh h/f Adv. Rajesh Singh for defendant No.4 present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 11-06-2025
    
    Date: 11-06-2025
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Saurav Singh h/f Adv. Rajesh Singh for defendant present.
    Adv. Niranjan Parekh for defendant No.1 to 3 present.
    Since the court remain busy in hearing the other matters on the board, this matter could not reach for hearing till 5.45 PM. Hence, matter is adjourned.
    Matter stands adjourned on 14/07/2025 for   Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-07-2025
    
    Date: 14-07-2025
    Business: P.O.is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 13-10-2025
    
    Date: 13-10-2025
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv. Niranjan Parekh for defendant No.1 to 3 present.
    Adv. Nitesh Jain for defendant No.4 present and seeks time for filing reply. Time granted on oral request as a last chance.
    Matter stands adjourned on 26/11/2025 for filing reply as a last chance.
    Next Purpose: REPLY
    Next Hearing Date: 26-11-2025
    
    Date: 26-11-2025
    Business: Adv. S. Y. Thorat for plaintiff present.
    Adv.  Salvi for defendant No.1 to 3 present.
    Adv. Saurabh Singh for defendant No.4 present.
    None for other defendant present.
    Even after granting last chance to defendant No.4 to file reply. No reply is filed by defendant No.4. Hence, Chamber Summons No.768/2025 is proceeded without reply of defendant No.4. Parties to take note.
    Matter stands adjourned on 12/02/2026 for Chamber Summons hearing without reply of defendant No.4.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-02-2026
    
    Date: 12-02-2026
    Business: P. O. is on leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-04-2026
    
    Date: 02-04-2026
    Business: Court is vacant.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-07-2026
    
    Date: 10-07-2026
    Business: Adv. S Y Thorat for plaintiff present.
    Adv. Niranjan Parkhe for defendant 1 to 3 present.
    Adv. Sourav Singh for defendant no 4 present.
    Due to other order matters, the Chamber Summons cannot be heard today.
    Matter stands adjourned on 17-08-2026 for hearing Chamber Summons 768/25.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-08-2026
    
    Date: 17-08-2026
    Business: Adv. S Y Thorat for plaintiff present.
    Adv.  Niranjan parkhe for defendant no 1 to 3 present.
    Defendant no 4 has not filed reply to Chamber Summons no 768/25. No reply order has already been passed.  Learned advocate for plaintiff has submitted that he is required substantial time to argue the Chamber Summons . Other matters are already kept back hence, the hearing of Chamber Summons is adjourned. Meantime, parties are directed to make a sincere attempt to settlement.
    Parties are directed to remain present on next date.
    Matter stands adjourned on 29-09-2026 for hearing on Chamber Summons and also for settlement.
    Later on at 4.28 p.m.
    Adv. Sarita Chaudhary a/w Adv. Kamal Mishra h/f Adv. Rajesh Singh present for defendant no . 4 present.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104406/2020
    Filing Date: 07-09-2020
    First Hearing Date: 15th September 2020
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    2
    Interim Order 1Full order available
    12 Aug 2021

    Order Details: Order below exhibit Pdf Text: 1 OBE 9 in NM 1314/2020 in Suit 1107/2020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXHIBIT 9 IN NOTICE OF MOTION NO. 1314 OF 2020 IN SUIT NO. 1107 OF 2020 Uttam Kantilal Pandhi …Plaintiff Versus Gautam Kantilal Pandhi & Ors. ...Defendants Appearance: Adv. S.Y. Thorat for plaintiff. Adv. Rajesh Singh for Defendant No. 4. CORAM : SMT. S.S. NAGUR JUDGE, (C.R.NO.4) DATE : 12/08/2021 ORDER The application is…

    Read Full Order
    Order 1Full order available
    12 Aug 2021

    Order Details: Order below exhibit Pdf Text: 1 OBE 9 in NM 1314/2020 in Suit 1107/2020 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY ORDER BELOW EXHIBIT 9 IN NOTICE OF MOTION NO. 1314 OF 2020 IN SUIT NO. 1107 OF 2020 Uttam Kantilal Pandhi …Plaintiff Versus Gautam Kantilal Pandhi & Ors. ...Defendants Appearance: Adv. S.Y. Thorat for plaintiff. Adv. Rajesh Singh for Defendant No. 4. CORAM : SMT. S.S. NAGUR JUDGE, (C.R.NO.4) DATE : 12/08/2021 ORDER The application is…

    Read Full Order

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