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NOTICE OF MOTION

Shirley Naresh RajwaniVsM/s. Nensee Constructions Pvt. Ltd. and Anr.

CNR MHCC01004588201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th February 2020

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101667/2019
Registration Date
25 Apr 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 29-04-2019
Business: Adv. Dhruvita Bhayani for plaintiff present.
None present for defendant.
As the holiday is declared on 29/04/2019 on account of Loksabha Elections, matter is take on today\''s board and adjd. to 03/06/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-06-2019

Date: 03-06-2019
Business: Adv. Dhruvita Bhayani for plaintiff present.
Adv. Ratnesh Mishra for defendant No.9 present.
At the request of Ld. Counsel for plaintiff, adjd. to 13/06/2019 for reply to NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-06-2019

Date: 13-06-2019
Business: Adv. Dhruvika Bhayani for plaintiff present.
Adv. Ratnesh Mishra for defendants present.
Defendant tenders registered NM No.1667/19.
At the request of Ld. Counsel for plaintiff, adjd. to 17/06/2019 for NM rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Mr. Naresh Ranwani, CA of plaintiff present.
Adv. Ratnesh Mishra for defendant No.1 and 2 present.
Plaintiff files reply to NM. Copy served to other side.
Adjd. to 04/07/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv.Mehul Rathod i/b Ms.Legal Vision for plaintiff is present and filed written notes of arguments in NM. TOR and marked as Exh.21.
None present for defendant No.1 and 2.
KB
Later on at 02.45pm.
Adv. Ratnesh Mishra for defendant No.1 and 2 is present and seeks time to file re-joinder in NM.
Copy of written notes of arguments of plaintiff served to the advocate for defendant.
Case is adjourned to 22.07.2019 for re-joinder and Hearing.
Next Purpose: HEARING
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: CA of plaintiff is present.
Adv. Mr.Yagnesh Mishra i/b Law Juris for respondent No.1 and 2 is present and again seeks time to file re-joinder in Notice of Motion.
O - Last chance is granted for rejoinder and hearing.
Adjd. 09.08.2019 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Business: Adv. Ms.Dhruvika Bhaiya for plaintiff is present.
Adv. Mr.Kunal Jha i/b Law Juris for defendant No.1 and 2 is present and requested for keeping back matter as his senior counsel is busy before the Honble High Court.
KB
Later on at 02.50 pm.
Adv. Mr.Ghanshyam Upadhyay a/w Adv. Mr.Kunal Jha i/b Law Juris for defendant No.1 and 2 is present.
Adjourned to 30.08.2019 at 11.00 am for Hearing on NM as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2019

Date: 30-08-2019
Business: THE COURT IS ON LEAVE TODAY.
Adv. Laxminarayan Shukla for plaintiff is present.
None present for defendant.
As the Presiding Officer is on leave, adjourned to 11.09.2019 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2019

Date: 11-09-2019
Business: Adv. Laxminarayan Shukla for plaintiff is present.
Adv. Kunal Jha i/b Law Juris for defendants is present.
As the Presiding Officer is on leave today, adjourned to 20.09.2019 for Hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: THE HONBLE PRINCIPAL JUDGE IS ON LEAVE.
Adv. Dhruvika Bhayani for plaintiff present.
Adv. Ratnesh Mishra for defendant nos. 1 and 2 present.
Adjourned to 04.10.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-10-2019

Date: 04-10-2019
Business: Adv. Dhruvika Bhaiyani i/b Legal Vision for plaintiff is present.
Adv. Ghanshyam Upadhyay i/b Law Juris for defendant No.1 and 2 is present and prays for time to file Vakalatanama and rejoinder to N/M.
Adjourned to 09.10.2019 for rejoinder and hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Business: Adv. Ms.Dhruvika Bhayani for plaintiff is present.
None present for defendant.
KB
Later on at 03.15pm
Adv. Ghanshyam Upadhyay i/b Law Juris for defendant is present and filed adjournment application. TOR and marked as Exh.22.
Order - Read. Granted subject to payment of cash of Rs.500/-
Adjourned to 15.10.2019 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2019

Date: 15-10-2019
Business: Wrongly shown on todays board.
Already adjourned to 18.10.2019 for Rejoinder.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2019

Date: 18-10-2019
Business: None present for plaintiff.
Adv. Kailash Rathod i/b Law Juris for respondent/defendant No.1 and 2 is present and filed Vakalatnama. TOR and marked as Exh.23.
Exh.24 - Advocate for respondent/defendant No.1 and 2 filed rejoinder to the affidavit in reply dt.17.06.19 of the plaintiff in Notice of Motion.
None present for defendant No.3.
Adjourned to 06.11.2019 for Compliance and Hearing of N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Laxminarayan Shukla i/b M/s.Legal Vision for plaintiff is present.
Adv. Kailash Rathod i/b Law Juris for defendant No.1 and 2 is present.
None present for defendant No.3.
At the request of advocate of defendant No.1 and 2, adjourned to 11.11.2019 for filing Written Statement and Hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Laxminarayan Shukha i/b M/s.Legal Vision for plaintiff is present.
Adv. Kailash Rathod i/b Law Juris for defendant No.1 and 2 is present.
None present for defendant No.3.
Adjourned to 22.11.2019 for filing Written Statement and NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2019

Date: 22-11-2019
Business: Adv. Laxminarayan Shukla i/b M/s.Legal Vision for plaintiff is present.
Adv. Shubhankar Shukla i/b Law Juris for defendant No.1 and 2 is present.
None present for defendant No.3.
At the request of advocate for respondent, adjourned to 25.11.2019 for filing Written Statement and N/M Hearing as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Adv. Laxminarayan Shukla i/b M/s.Legal Vision for plaintiff is present.
Adv. Ratnesh  Mishra i/b Law Juris for defendant No.1 and 2 is present.
None present for respondent No.3.
Written statement filed by advocate for defendant No.1 and 2.
Copy of WS is served to advocate for plaintiff.
At the request of advocate for defendant, adjourned to 07.12.2019 for N/M Hearing as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Adv. Dhruvika Bhayani i/b M/s.Legal Vision for plaintiff is present.
Adv. Kailash Rathod i/b Law Juris for defendant No.1 and 2 is present.
None present for respondent No.3.
Adjourned to 10.01.2020 for N/M Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Dipali A. Majethiya i/b Legal Vision for plaintiff is present.
Adv. Kunal Jha i/b Law Juris for defendant is present.
KB
LO at 04.20 pm.
Adv. Dipali A. Majethiya i/b Legal Vision for plaintiff is present.
Adv. Kailash Rathod i/b Law Juris for defendant No.1 and 2 is present.
At the request of advocate for defendant, adjourned to 05.02.2020 for Hearing on N/M as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. Dipali Majettiya i/b M/s. Legal Vision for plaintiff is present.
Adv. Ratnesh Mishra i/b Law Juris for defendant No.1 and 2 is present.
At the request of advocate for plaintiff kept back.
Later on at 03.45 pm
Adv. Dipali Majettiya i/b M/s. Legal Vision for plaintiff is present.
Adv. Ratnesh Mishra i/b Law Juris for defendant No.1 and 2 is present.
At the request of advocate for defendant, adjourned to 12.02.2020 for Hearing on N/M as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: None present for plaintiff.
Advocate i/b Law Juris for defendant No.1 and 2 is present.
KB
Later on
Adv. Dipali Majetthiya i/b Legal Vision for plaintiff is present.
KB
Later on at 03.20 pm
Adv. Dipali Majetthiya i/b Legal Vision for plaintiff is present.
Adv. Ghanshyam Upadhyay i/b Law Juris for defendant No.1 and 2 is present.
None present for defendant No.3.
Heard both the sides on N/M.
Adjourned to 15.02.2020 for Order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 15-02-2020

Date: 15-02-2020
Business: Adv. Dipali Majethiya i/b Legal Vision for plaintiff is present.
None present for defendants.
As the court is busy in dictating judgment in Misc Appeal No.97/17 and 98/17, hence adjourned to 17.02.2020 for Order on N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-02-2020

Date: 17-02-2020
Business: Adv. Dipali Majethiya i/b M/s. Legal Vision for plaintiff is present.
None present for defendant.
F.R.S.R. Following order is passed on Notice of Motion.
ORDER
1) Notice of Motion no.1667/19 is made absolute in terms of prayer clause (a).
2) The order dated 16th January, 2014 transferring the case on the list of undefended suit is hereby set aside on the payment of cost of Rs.10,000/- to the plaintiff within two weeks.
3) After payment of cost, the written statement of the defendant be taken on record.
Adjourned to 06.03.2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 17-02-2020

Additional Case Details

Additional Case Details
Filing Number: 105116/2019
Filing Date: 25-04-2019
First Hearing Date: 29th April 2019
Decision Date: 17th February 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
17 Feb 2020

Order Details: Notice of Motion Pdf Text: 1 SC6034.05 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY Notice of Motion No. 1667 of 2019 In BCCC Suit No. 6034 of 2005 (High Court Suit No. 703 of 2005) Shirley Naresh Rajwani … Plaintiff V/s. M/s.Nensee Constructions Pvt. Ltd. & Ors. … Defendants Coram : H. H. THE PRINCIPAL JUDGE M. W. CHANDWANI Dated : 17th February, 2020 (C.R.No.19) Advocate Ms. Dipali Majethiya i/b. Legal Vision for plaintiff. Advocate Mr.…

Read Full Order

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