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NOTICE OF MOTION

The Honorary Secretary-Chairman Navjivan Co-op. Hsg. Soc. LtdVsBharat Popatlal Patadia and Ors.

CNR MHCC0100455520193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 16th January 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101656/2019
Registration Date
24 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: 24-07-2019
    Business: Adv. Gore for plaintiff present and filed original NM no. 1656/19 along with affidavit.
    None present for defendant.
    Matter stands Adj for reply to NM on 23.08.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: As court is busy in dictating judgement in Suit No. 751/17. Hence, board is discharged.
    Matter stands Adj 07.10.2019 for Notice of Motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Sonawane for plaintiffs present.
    None present for defendant.
    Heard Ld. counsel for plaintiff. Ld. counsel for plaintiff submitted that matter is likely to be settled between the parties and prayed for adjournment. Adjournment granted.
    Matter stands Adj for Compliance to 26.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-11-2019
    
    Date: 26-11-2019
    Business: Plaintiff present.
    Adv. Gole for plaintiff present.
    None present for defendant.
    Matter stands adjn for Order on NM no. 1656/19 to 06.12.19.
    Next Purpose: ORDER
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. Gole for plaintiff present and submitted that defendant is served by NM but, affidavit of service was not filed on record.  Hence, he  seeks time to file affidavit of service. Time granted.
    None present for defendant.
    Matter stands Adj for filing affidavit of service to 18.12.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Court is busy in dictating order in Suit no. 2925/15 and 2422/17. Hence, board discharged.
    Matter stands Adj for affidavit of service to 07.02.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Gole for plaintiff present and filed affidavit of service.
    None present for defendants.
    Heard Ld. counsel for plaintiff. He submitted that as per affidavit of service the defendant no. 1 to 5 have been served by hand delivery and by post respectively. Postal acknowledgement and track report filed on record, but the defendants are absent.  Hence, the NM should proceed Ex-parte against the defendant and it may kindly be allowed.
    In view of the above submissions, NM to proceed Ex-parte against the defendant.
    Matter stands Adj for Ex-parte hearing on NM to 06.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Gole for plaintiff present and filed additional affidavit of service in NM no. 656/19.
    None present for defendant.
    Matter stands Adj for hearing on NM to 16.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-11-2020
    
    Date: 06-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-01-2021
    
    Date: 08-01-2021
    Business: Advocate C.N. Gole for plaintiff present.
    The case is adjourned to 16.01.2021 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2021
    
    Date: 16-01-2021
    Business: Advocate Gole for Plaintiff present.
    None for defendant.
    Heard advocate for Plaintiff.
    F.R.S.R. following order is passed
    ORDER
    1.  Notice of Motion No. 1656/2019 is allowed.
    2. The suit bearing S.C. Suit No. 2236/2017 is restored to its original stage as against        defendants No.1 to 4.
    3. Notice of Motion or Chamber Summons, if any, filed in the suit also stands restored to its original stage.
    4. The applicant shall serve defendants No. 1 to 4   after restoration of the suit.
    5. No order as to costs.
    Nature Of Disposal: ALLOWED
    Disposal Date: 16-01-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105047/2019
    Filing Date: 24-04-2019
    First Hearing Date: 24th July 2019
    Decision Date: 16th January 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Jan 2021

    Order Details: Notice of Motion Pdf Text: Notice of Motion No.1656/2019 ..1.. In S.C. Suit No.2236/2017 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. NOTICE OF MOTION NO. 1656 OF 2019 IN S.C. SUIT NO. 2236 OF 2017 The Honorary Secretary/Chairman Navjivan CoOperative Housing Soc. Ltd., Dr. D. B. Marg, Mumbai Central, Mumbai 400 008. ...Plaintiff Versus 1) Shri Bharat Popatlal Patadia Residing At : 1 Sharda, Ijintan Road, Near Rajesh Tailor, Surendra Nagar, Gujarat 363 002. Presently…

    Read Full Order

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