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NOTICE OF MOTION

Dipty Sanjay Padave (St. No. 4481/VsEssen Vision Software Pvt LTd

CNR MHCC0100440820203-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 18th January 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101433/2020
Registration Date
09 Oct 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: 20-10-2020
    Business: None present for plaintiff.
    Adv. Raksha Suhoni for defendant present and filed original NM no. 1433/20 supported by affidavit.
    Time extended to register the draft NM filed by the plaintiff.
    Defendent has not submitted reply to the  draft NM filed by the plaintiff.
    Matter stands Adj for filing reply to NM no. 1433/20 filed by defendant and orders regarding draft Nm filed by plaintiff on 24.11.2020.
    Later on at 2.00 pm
    Plaintiff present in person.
    Adv. Santosh Gawade for plaintiff present and filed reply affidavit to NM no. 1433/20.
    Next Purpose: HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Business: By praecipe matter is taken on today\''s board.
    Adv. Santosh Gawade for plaintiff present.
    Adv. Raksha Sohani for defendant present.
    Heard Ld. counsel for both the side regarding the status of resignation tendered by the plaintiff and according to the defendant what was the last working of the plaintiff in the office of defendant company.
    Ld. counsel for defendant submitted that as per letter dated 19.10.2020, the defendant has terminated the service of the plaintiff, holding her resignation was not proper for want of due notice period.
    On instructions from defendant the Ld. counsel  made a statement at the bar that in view of letter of termination of service, the last working day of the plaintiff with defendant company would be 30.07.2020.  The above statement of counsel taken on record, for information of the plaintiff.
    Ld. counsel for defendant seeks time to file rejoinder to reply filed by plaintiff to NM 1433/20. Time granted. The defendant is directed to file rejoinder at least one week before the next date, serving copy in advance to the Ld. counsel for plaintiff.
    Matter stands Adj for rejoinder to 24.11.2020.
    Next Purpose: REJOINDER
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Adv. Santosh Gawade for plaintiff present and filed application for urgent relief. Copy served on other side.
    Adv. Shalaka Waghmare for defendant present and filed written submission/rejoinder to reply filed by plaintiff in NM no. 1433/20. Copy served on other side. She seeks time to file reply to the application filed by the the plaintiff seeking urgent relief. Time granted. Ld. counsel for defendant is directed to serve copy of reply in advance to the other side before next date.
    Ld. counsel for plaintiff submitted that office is yet to registered the suit as well as draft NM. No office objection is pending, hence, extension may be granted.
    In view of the above, extension is granted and office is directed to registered the suit and the draft NM filed by plaintiff immediately.
    Matter stands Adj for filing reply and hearing on NM no. 1433/20 and draft NM of the plaintiff to 08.12.2020 .
    Next Purpose: REPLY
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Adv. Santosh Gawde for plaintiff present and filed written submissions in  NM No. 1433/20. TOR
    Adv. Shalaka Waghmare for defendant present and submitted that the defendant has already submitted written note of argument in NM No. 1433/20.
    Ld. counsel for the plaintiff submitted that the defendant has not filed reply to his NM No. 1855/20. Ld counsel for the defendant submitted that, the defendant want that the court should decide NM. No. 1433/20 before deciding NM No. 1855/20. However, counsel for the plaintiff urged that no prejudice will be caused to the defendant if both the NM are decided simultaneously by the court.
    In view of the above submissions, time granted to the defendant for filing reply to NM No. 1855/20
    On oral request of the parties, matter stands Adj for Reply on NM No. 1855/20 and for further hearing to 15.12.2020
    Next Purpose: REPLY
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present for plaintiff.
    Adv. Rachna Magdum for defendant present and submitted that the defendant has to file reply to the NM 1855/20, for that purpose she sought time by explaining the difficulties of the defendant. Time granted as a last chance.
    Matter stands Adj for reply to the NM no. 1855/20 to 07.01.2021.
    Later on at 12.30 pm
    Adv. Santosh Gawade for plaintiff present and submitted the urgency in the matter. Therefore, he requested to keep the matter for filing reply and hearing on NM. Oral request granted. Ld. counsel for plaintiff directed to inform the opponent counsel about this change.
    Hence, now Matter stands Adj for reply to the NM no. 1855/20 and hearing on said NM to 07.01.2021.
    Next Purpose: REPLY
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Business: Advocate Gavade for plaintiff present.
    Advocate Ms.Saurabhi Waknis for defendant present and filed reply to NM No.1855/20.
    O - R and R.
    The case is adjourned to 14.01.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Advocate S.S.Gavade for plaintiff present.
    Advocate Ms. Waknis for defendant present.
    Heard advocates for both sides on NM No.1433/20.
    Advocate for defendants undertakes to produce original appointment letter during the course of the day.
    KB
    LO at 1.30 pm,
    Advocate Ms. Waknis for defendant present and filed list of documents. TOR and marked as Exh.2.
    O- Filed.
    The case is adjourned to 18.01.2021  for order on NM.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Advocate Santosh Gavade for plaintiff present.
    Advocate Ms.Waknis for defendant present.
    F.R.S.R.following order is passed
    ORDER
    Notice of Motion No.1433/20 is dismissed with costs.
    
    The case is adjourned to 25.01.2021 for NM hearing.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104905/2020
    Filing Date: 09-10-2020
    First Hearing Date: 20th October 2020
    Decision Date: 18th January 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Jan 2021

    Order Details: Notice of Motion Pdf Text: Notice of Motion No.1433/2020 ..1.. In S.C. Suit No.1391/2020 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. NOTICE OF MOTION NO. 1433 OF 2020 IN S.C. SUIT NO. 1391 OF 2020 CNR NO : MHCC01-004408-2020 Essen Vision Software (Pvt.) Ltd., 2nd Floor, Indian Surveyors House, 315, Shahid Bhagat Singh Road, Fort, Mumbai - 400 001. ...Applicant/Defendant In the matter between Dipti Sanjay Padave, Aged : 28 Years, Residing At : Building…

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