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NOTICE OF MOTION

Bansraji Baburam Rajbhar +1 moreVsHarku Sheru Rajbhar And Ors

CNR MHCC01004589201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101665/2019
Registration Date
25 Apr 2019
Next Hearing Date
01 Oct 2026
Case Stage
COMPLIANCE

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Advocate Mr. Rajan for Plaintiff present
    Advocate Mr. Pandey for Defendants present and submitted that on next date he will file reply to Notice of Motion no.1665/19.
    Plaintiff\''s advocate gave no objection, hence case is adjourned to 17/09/2019 for Chamber Summons hearing and NM reply.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: None present for Plaintiff.
    Advocate Pandey for Defendant present and submitted that affidavit of reply of Defendant in respect of NM no.1665/19 is ready but it could not be affirmed as Defendant is not having his ID proof today with him.  Considering submissions adjourned.
    Case is adjourned to 15/11/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: None present for Plaintiff.
    Advocate P. S. Pandey for Defendants present
    Court was busy in dictating order on Hon\''ble High Court time bound Notice of Motions in suit no.627/13 as well as passing order on Notice of Motion no.295/2020 in suit no.201/2020 and court has to hear argument in suit no.8472/86 after completion of the order of Notice of Motion no.295/2020, hence case is adjourned to 15/04/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: Case is adjd.to 19.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: National Lock down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Adjourned due to Covid -19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/01/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: None present for Plaintiff/s.
    None present for Defendant/s.
    As nobody is present for both the parties, considering the present pandemic condition, matter is adjd.for Notice of Motion hearing to 16.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: None present for the plff.
    Adv Mr. P.S. Pandey for the deft present and filed reply to N.M. No. 1665/2019
    As nobody is present for the plff, Ch/s No.962/2019 be kept for dismissal order and NM No. 1665/2019 be kept for hearing to 04.05.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 04-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2021
    
    Date: 27-08-2021
    Business: Adv Mr. Rahul Rajbhar for plff present and mentioned the matter in the morning session.
    He filed application for adjournment. O-Call say of deft.
    Matter is on the board of afternoon session hence kept back.
    L.O. at 3.40 p.m.
    None present for the deft. hence, application for adjourned filed by the adv. for the plff in the morning session is allowed but with direction that matter be kept in same caption on the next date.
    Matter is adjd. for dismissal order in Ch/s No.962/209 and hearing in NM No. 1665/2019 to 20.10.2021.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Adv Ms. Rajashree Pawar present for plff. and filed adjournment application.
    Adv Mr. Pandey None present for deft.
    Adjournment is granted as a last chance.
    Matter be kept on next date in same caption.
    Matter is adjd. for CS dismissal to 16.11.2021.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Adv Ms.Rajashree Pawar present for plff. and filed application for adjournment with request to remove the matter from Ch/s dismissal caption.
    Adv Mr. Pandey present for deft. and objected the application by submitting that presence of the plff is not required to argue the Ch/s. Though there is substance in the objection of ld. Adv.for deft, this application is filed by the junior advocate holding for the adv. for the plff hence, to protect the interest of justice, application is allowed.
    Matter is adjd. for Ch/s dismissal order to 07.01.2022.
    Next Purpose: CS FOR DISMISSAL
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Mr.Rahul Rajbhar present and mentioned the matter in the morning session.
    He filed vakalatnama on behalf of plff No.2 at Exh.4.
    Matter is on the board of afternoon session hence, kept back.
    L.O.at 3.40 p.m.
    Adv Mr.Rahul Rajbhar present for plff. and filed adjournment application.
    Adv Mr. Pandey for deft present and endorsed reply on the application itself. Heard. There is substance in the objection of ld. Advocate for the deft, however, considering the present pandemic condition and reason stated in the application, adjournment as last chance is granted till next date.
    Matter is adjd. for Ch/s hearing to 08.02.2022.
    Judge
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Due to Covid-19, matter is adjd.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-03-2022
    
    Date: 25-03-2022
    Business: Plaintiff No.2 present in person and seeks adjournment by submitting that her advocate is not available today.
    Adv. Pandey for defendant present.
    On request of plaintiff No.2 matter is adjourned for Chamber summons and NM hearing to 29/06/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2022
    
    Date: 25-03-2022
    Business: Plaintiff No.2 present in person and seeks adjournment by submitting that her advocate is not available today.
    Adv. Pandey for defendant present.
    On request of plaintiff No.2 matter is adjourned for Chamber summons and NM hearing to 29/06/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2022
    
    Date: 25-03-2022
    Business: Plaintiff No.2 present in person and seeks adjournment by submitting that her advocate is not available today.
    Adv. Pandey for defendant present.
    On request of plaintiff No.2 matter is adjourned for Chamber summons and NM hearing to 29/06/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: Adv. Rashmi Parab h/f Adv. P. S. Tiwari  for plaintiff present.
    Adv. P. S. Pandey for deft present.
    Matter adjd to  19/08/2022 for Chamber summons hearing
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: None present for plaintiff.
    Adv.P.S. Pandey for defendant present.
    No argument of the plaintiff in ch/s. No.962/19. Heard the Adv. for all defendant in ch/s.962/2019.
    Matter adjd to 30.09.2022 for ch/s. order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 30-09-2022
    
    Date: 30-09-2022
    Business: None present for plaintiff.
    Adv.P.S. Pandey for all defendants present.
    KB for order.
    LO at 05.45 pm
             While taking the chamber summons for order, it is noticed that reply to the chamber summons is not there but the defendants have argued in chamber summons. Defendants to make submission regarding the reply.
    Matter adjd to 19.10.2022 for ch/s. order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-10-2022
    
    Date: 30-09-2022
    Business: None present for plaintiff.
    Adv.P.S. Pandey for all defendants present.
    KB for order.
    LO at 05.45 pm
             While taking the chamber summons for order, it is noticed that reply to the chamber summons is not there but the defendants have argued in chamber summons. Defendants to make submission regarding the reply.
    Matter adjd to 19.10.2022 for ch/s. order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-10-2022
    
    Date: 30-09-2022
    Business: None present for plaintiff.
    Adv.P.S. Pandey for all defendants present.
    KB for order.
    LO at 05.45 pm
             While taking the chamber summons for order, it is noticed that reply to the chamber summons is not there but the defendants have argued in chamber summons. Defendants to make submission regarding the reply.
    Matter adjd to 19.10.2022 for ch/s. order.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: Adv.P.S. Pandey for defendant present.
    Adv.S.H. Singh present and filed vakalatnama on behalf of plaintiff No.2 t.o.r. and marked as Exh.6.
    KB
    LO at 05.00 pm
    ORDER IN CHAMBER SUMMONS NO.962/2019
    This chamber summons is taken out by plaintiffs to delete name of plaintiff No.1 as she expired on 01.08.2018. The chamber summons is opposed by defendants on the ground of delay. Read the copy of death certificate attached alongwith chamber summons. It shows that plaintiff No.1 has expired on 01.08.2018. The plaintiff wants to delete name of deceased plaintiff No.1 from the suit. The amendment has technical one, hence, it requires to be allowed. In the result I pass following order.
    ORDER
    1. Chamber summons No.962/2019 is allowed.
    2. Plaintiff No.2 is allowed to carry out necessary amendment.
    3. Chamber summons No.962/2019 is disposed of accordingly.
    Matter adjd to 17.01.2023 for amendment.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Adv.S.H. Singh for plaintiff present.
    None present for defendants.
    On oral request of the plaintiff time granted for service of amended plaint.
    Matter adjd to 14.03.2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Defendant No.1 present.
    None present for plaintiff. No steps taken for service of amended plaint. Service affidavit is not filed. Last chance granted to the plaintiff.
    Matter adjd to 09.06.2023 for service affidavit of amended plaint.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-06-2023
    
    Date: 09-06-2023
    Business: Adv. S. H. Singh for plaintiff present and filed amended plaint t.o.r.
    Adv.  P. S. Pandey for defendant present and received copy of amended plaint.
    Matter is adjd.to  17-07-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-07-2023
    
    Date: 09-06-2023
    Business: Adv. S. H. Singh for plaintiff present and filed amended plaint t.o.r.
    Adv.  P. S. Pandey for defendant present and received copy of amended plaint.
    Matter is adjd.to  17-07-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-07-2023
    
    Date: 17-07-2023
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Adv. S. H. Singh for plaintiff present.
    Defendant no. 1 in person present.
    Matter is adjd.to 11-09-2023 for steps by deft.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-09-2023
    
    Date: 11-09-2023
    Business: None for plaintiff.
    Defendant no. 2 in person present.
    Matter is adjd.to 30-10-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 30-10-2023
    
    Date: 30-10-2023
    Business: None for plaintiff.
    Adv. P. S. Pandey for defendant present.
    Matter is adjd.to  01-12-2023 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: Adv. S.H. Singh for Plaintiff present and submitted that the defendant No.1 expired and he needs time to take steps. O- Granted.
    None for defendants No.2 to 6 present.
    Matter stands adjourned on 20.02.2024 for and taking steps to brings Lrs of defendant No.1.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-02-2024
    
    Date: 20-02-2024
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: Advocate S.H. Singh for plaintiffs alongwith CA of plaintiff present.
    Defendant No.2 present.
    None for defendants No.3 to 6 present.
    Later on at 03.19 pm.
    Advocate P. S. Pandey for all defendants present.
    Matter stands adjourned on 22.07.2024 for taking steps to bring Lrs. of defendant No.1 on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-07-2024
    
    Date: 28-03-2024
    Business: Advocate S.H. Singh for plaintiffs alongwith CA of plaintiff present.
    Defendant No.2 present.
    None for defendants No.3 to 6 present.
    Later on at 03.19 pm.
    Advocate P. S. Pandey for all defendants present.
    Matter stands adjourned on 22.07.2024 for taking steps to bring Lrs. of defendant No.1 on record.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-07-2024
    
    Date: 22-07-2024
    Business: None for plaintiff present.
    Defendant No.2 present his Adv. absent.
    None for other defendant present.
    Matter adjourned for bringing LRs of defendant No.1 on record.
    Matter stands adjourned on 02/09/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-09-2024
    
    Date: 22-07-2024
    Business: None for plaintiff present.
    Defendant No.2 present his Adv. absent.
    None for other defendant present.
    Matter adjourned for bringing LRs of defendant No.1 on record.
    Matter stands adjourned on 02/09/2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-09-2024
    
    Date: 02-09-2024
    Business: P. O. is on Medical Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-11-2024
    
    Date: 02-09-2024
    Business: P. O. is on Medical Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Adv. S. H. Singh for plaintiff present and seek time for taking steps to LR’s for defendant No. 1.  Short time granted.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 23.12.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-12-2024
    
    Date: 14-11-2024
    Business: Adv. S. H. Singh for plaintiff present and seek time for taking steps to LR’s for defendant No. 1.  Short time granted.
    None for defendant present.
    Matter adjourned for taking steps.
    Matter stands adjourned on 23.12.2024 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-12-2024
    
    Date: 23-12-2024
    Business: Plainitff No.2 present.
    Adv. P. S. Pande for defendant present.
    Defendant No.1 present.
    Matter stands adjourned on 29/01/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-01-2025
    
    Date: 23-12-2024
    Business: Plainitff No.2 present.
    Adv. P. S. Pande for defendant present.
    Defendant No.1 present.
    Matter stands adjourned on 29/01/2025 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-01-2025
    
    Date: 29-01-2025
    Business: Adv. Rangan Mujumdar for plaintiff No.2 present and filed vakalatnama. Taken on record and marked as Exhibit-7 and prayed for grant adjournment.
     None for defendant present.
    Matter stands adjourned on 09.04.2025 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-04-2025
    
    Date: 09-04-2025
    Business: Plaintiff No.2 present his Adv. absent.
    Adv. P. S. Pande for defendant No.1 present and supplied list of heirs to the plaintiff.
    Matter stands adjourned on 09/06/2025 for taking steps.
    Later on.
    Adv. Rangan Majumdar for plaintiff No.2 present.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-06-2025
    
    Date: 09-06-2025
    Business: Adv. Mujumdar for plaintiff present and filed draft Chamber Summons along with affidavit for seeking LRs of deceased defendant No.1 on record. Leave granted to register it.
    Adv. P. S. Pande for defendants present.
    Learned Adv. for plaintiff undertakes to serve copy of draft Chamber Summons on defendants as well as proposed LRs of defendant No.1.
    Matter stands adjourned on 27/06/2025 for service, reply, and filing registered Chamber Summons.
    Next Purpose: SERVICE
    Next Hearing Date: 27-06-2025
    
    Date: 27-06-2025
    Business: P.O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 25-08-2025
    
    Date: 27-06-2025
    Business: P.O. is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 25-08-2025
    
    Date: 25-08-2025
    Business: Adv. Majumdar for plaintiff present.
    None for defendant present.
    Adv. for plaintiff submitted registered Chamber Summons No.1480/2025 along with affidavit. Taken on record.
    The Chamber Summons No.1480/2025 served upon the defendant as there is acknowledgment. However, reply not has been filed till date so put for no reply order.
    Matter stands adjourned on 03/10/2025 for passing necessary orders.
    Next Purpose: ORDER
    Next Hearing Date: 03-10-2025
    
    Date: 03-10-2025
    Business: Plaintiff No.2 present her Adv. absent.
    None for defendant present.
    Chamber Summons No.1480/2025 is put up for hearing without reply by defendants. Parties to take note.
    Matter stands adjourned on 19/11/2025 for Chamber Summons hearing without reply.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-11-2025
    
    Date: 19-11-2025
    Business: Adv. Tanay Mandot for plaintiff present.
    None for defendant present.
    Keep Back.
    Later on.
    Adv. Tanay Mandot for plaintiff present.
    None for defendant present.
    Matter stands adjourned on 12-12-2025 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-12-2025
    
    Date: 12-12-2025
    Business: None for plaintiff present.
    Adv. P. S. Pande along with defendant present.
    Matter stands adjourned on 08/01/2026 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-01-2026
    
    Date: 08-01-2026
    Business: CORAM :- H.H.J. SMT. H. C. SHENDE (CR.65)
    Adv. Pawan Tiwari for plaintiff present.
    None for defendant present.
    Adv.Pawan Tiwari filed Vakalatnama for plaintiff marked at Exhibit.8.
    Heard Learned advocate for the plaintiff putup for if any/order on chamber summons in default.
    Matter stands adjourned on 09-02-2026 for argument if any/or argument by defendant on chamber summons in default.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-02-2026
    
    Date: 09-02-2026
    Business: P. O. is on leave.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 26-03-2026
    
    Date: 26-03-2026
    Business: None for plaintiff present.
    Adv. P. S. Pande for defendant present.
    Keep Back.
    Later on.
    Adv. Pawan Tiwari for plaintiff present.
    The Chamber Summons No.1480/2025. is proceeded without reply of defendant.
    Keep Back.
    Later on.
    F.R.S.R. following order is passed in Chamber Summons No.1480/2025.
    ORDER
    1.The Chamber Summons No. 1480/2025  in Suit No. 581/2014 is allowed.
    2.The plaintiff to carryout amendment as per schedule annexed within two weeks from date of this order and shall serve copy on the other side and also place the amended plaint on record thereafter within four weeks.
    3.No order as to cost.
    4.Proceeding of Chamber Summons No.1480/2025  in Suit No.581/2014 is closed.
    Matter stands adjourned on 10/04/2026  for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 10-04-2026
    
    Date: 10-04-2026
    Business: P.O. is on leave.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2026
    
    Date: 06-05-2026
    Business: Adv. Pawan Tiwari alongwith plaintiff present and filed application for extension time for compliance. TOR. Marked as Exhibit-9 O-Considering the request time extended for compliance till next date.
    None for defendant present.
    Matter stands adjourned on 18-06-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-06-2026
    
    Date: 18-06-2026
    Business: Adv.  for plaintiff present has extension for time for compliance. TOR. Marked as Exhibit-10  O- allowed in the interest of justice as last chance. Time extended for compliance till next date.
    Adv. Pandey for defendant No 2 to 6 present.
    Matter stands adjourned on 13-07-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2026
    
    Date: 13-07-2026
    Business: Adv. P S Tiwari for plaintiff present.
    Adv. Pandey for defendant present.
    Matter is for compliance of order passed in Chamber Summons
    Advocate for plaintiff sought time for compliance, Time extended for compliance till next 3 weeks from today .
    Matter stands adjourned on 03-08-2026 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-08-2026
    
    Date: 03-08-2026
    Business: Presiding Officer is on official training.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-10-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 104269/2019
    Filing Date: 25-04-2019
    First Hearing Date: 15th June 2019
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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