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NOTICE OF MOTION

Anushree Anil Pilvankar +1 moreVsImtiyaz Abubakar Rajapkar

CNR MHCC0100442420201-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 22nd January 2021

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101443/2020
Registration Date
13 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-10-2020
    Business: Adv. Abhijeet Barve for plaintiff present.
    Plaint.
    Vakalatnama.
    Memorandum of address.
    List of documents.
    Application filed by Adv. for plaintiff.  T.O.R.
    Adv. for plaintiff filed registered N/M No.1443/20.  T.O.R.
    The matter is adjd for service to 21.10.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-10-2020
    
    Date: 21-10-2020
    Business: Adv. Abhijeet Barve for plaintiff present.
    The matter is adjd for hearing to 26.10.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: Adv. Abhijeet Barve for plaintiff present.
    Adv. for plaintiff filed affidavit of service.  T.O.R.
    ORDER BELOW EXH.5
    Heard.  Read application.  Ld. Counsel for plaintiff submitted that the Hon\''ble High Court has framed rules for service of processes by electronic mail.  He would submit that as per the said rules of 2017, the plaintiff be permitted to serve the deft. through electronic mail service.
    I have gone through the rules.  In view of the rules of the Hon\''ble High Court, it is expedient to pass the following order.
    ORDER
    1.   Application (Exh.5) is allowed.
    2.   The plaintiff is permitted to serve the deft. the writ of summons and the N/M through the electronic mail service as contemplated in the Bombay High Court Service of Processes by Electronic Mail Services (Civil Proceedings) Rules, 2017.
    3.    Application (Exh.5) is disposed off accordingly.
    The matter is adjd for service to 09.11.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Business: Ld. adv. Barve for the plaintiff present
    Plaintiff filed affidavit of service.  The plaintiff by affidavit of service claims to have been served the defendant by what\''saap on his number 8779181769 from his what\''s aap number 9869432956 on 06/11/2020. He has filed the coloured hard copy of it and contended that defendant has seen the what\''sapp message as there is double blue click.  It appears that there is due service of summons to the defendant as per Bombay High Court Service of Processes by electronic mail services (Civil Proceedings) Rules 2017. The defendant failed to appear in the matter.  The matter is adjd for orders on 02/12/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. Barve for plaintiff present.
    Adv. Amardev Uniyal for deft. present.
    Vakalatnama filed on behalf of deft. by Adv. Amardev Uniyal.
    O. - Seen and filed.
    Ld. counsel for deft. seeks time to file reply and written statement. Granted. He pointed out that the said notification is applicable to the Commercial Cause suits and the present suit is not a Commercial Cause Suit, therefore, there is no service to deft.
    After going through the said notification, it appears that the same is applicable to Commercial Cause Suits but since, the deft. has appeared in the matter, the service is therefore waived by him.
    The matter is adjd for reply to N/M and written statement to 19.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: Adv. Abhijit Barve for plaintiff present.
    Adv. Amardev Uniyal for deft. present.
    Adv. for deft. filed reply to N/M and written statement.  T.O.R.
    Written statement.
    O. - Read and recorded.
    The matter is adjd for N/M hearing to 13.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv. Abhijit Barve for plaintiff present.
    Adv. Uniyal for deft. present.
    Ld. counsel for plaintiff seeks time for hearing on N/M.  Granted.
    The matter is adjd for N/M hearing to 22.01.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv. Abhijit Barve for plaintiff present.
    Adv. Uniyal for deft. present.
    N/M No.1443/20 is not pressed by plaintiff.  Since the plaintiff has not pressed this N/M, N/M No.1443/20 is disposed of as not pressed.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 22-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 104814/2020
    Filing Date: 13-10-2020
    First Hearing Date: 15th October 2020
    Decision Date: 22nd January 2021
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    22 Jan 2021
    Order Details: Notice of Motion
    Pdf Text: Adv. Abhijit Barve for plaintiff present.
    Adv. Uniyal for deft. present.
    N/M No.1443/20 is not pressed by plaintiff. Since the plaintiff has not pressed this N/M, N/M
    No.1443/20 is disposed of as not pressed.
    The matter is adjd for issues to 03.04.2021.
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