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NOTICE OF MOTION

Diligent Road Carrers LtdVsBalmukund Polyplast Pvt Ltd +1 more

CNR MHCC01004641201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 17th July 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101699/2019
Registration Date
26 Apr 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 04-07-2019
Business: adv. Mazi Gakywad for plaintiff.
Adv. Arun kumar for defendant.
Registered NM 1699/190 alongwith affidavit tendered by Adv for defendant. copy is already served adv for plaintiff.
Adjd for NM reply 8/8/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-08-2019

Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2019

Date: 08-08-2019
Business: P.O.is on Training.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-10-2019

Date: 28-10-2019
Business: Adjd to 02.11.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2019

Date: 28-10-2019
Business: Adjd to 02.11.2019
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-11-2019

Date: 02-11-2019
Business: None for both parties.
Adj to 16.01.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-01-2020

Date: 02-11-2019
Business: None for both parties.
Adj to 16.01.2020 for reply.
Next Purpose: REPLY
Next Hearing Date: 16-01-2020

Date: 16-01-2020
Business: Adv. Pandey for plaintiff filed reply to NM 1699/19. Copy served on the defendant.
Adv. Arun Kumar for the defendant.
Adjd for Hearing of NM to 06.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020

Date: 16-01-2020
Business: Adv. Pandey for plaintiff filed reply to NM 1699/19. Copy served on the defendant.
Adv. Arun Kumar for the defendant.
Adjd for Hearing of NM to 06.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Business: Adv. Soni pandey for plaintiff
Adv. Arun kumar for defendant filed application for adjournment. O- Granted.
Adjd as last chance on the request of defendant for NM Hearing to 24-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 06-03-2020
Business: Adv. Soni pandey for plaintiff
Adv. Arun kumar for defendant filed application for adjournment. O- Granted.
Adjd as last chance on the request of defendant for NM Hearing to 24-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv. Vasani for plaintiff
None for defendant
Adjd to 04-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 10-12-2020
Business: Adv. Vasani for plaintiff
None for defendant
Adjd to 04-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Representative of plaintiff present.
Adv. Rakesh for plaintiff
Defendants and their adv are absent.
No arguments on behalf of the defendant. Hence, put up for dismissal of the Notice of Motion 1699/19.
Adjd for dismissal for want of prosecution to 05-05-2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-05-2021

Date: 04-03-2021
Business: Representative of plaintiff present.
Adv. Rakesh for plaintiff
Defendants and their adv are absent.
No arguments on behalf of the defendant. Hence, put up for dismissal of the Notice of Motion 1699/19.
Adjd for dismissal for want of prosecution to Representative of plaintiff present.
Adv. Rakesh for plaintiff
Defendants and their adv are absent.
No arguments on behalf of the defendant. Hence, put up for dismissal of the Notice of Motion 1699/19.
Adjd for dismissal for want of prosecution to 05-05-2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 05-05-2021

Date: 05-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2021

Date: 05-05-2021
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-10-2021

Date: 16-10-2021
Business: As per office order dated 12.10.2021
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv Rakesh Piprodia present for the plaintiff.
Adv Arun Kumar present for the defendant.
Adv for the defendant filed application for set aside dismissal order TOR O- other side to say O- No say is filed. Matter is removed from dismissal caption.
Adv for defendant also filed rejoinder to NM No.1699/19
Matter is adjd to 06.01.2022  for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
KB L.O. 01.45 p.m.
Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
Matter is adjd. to 09/02/2022 for passing dismissal order on NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-02-2022

Date: 06-01-2022
Business: Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
KB L.O. 01.45 p.m.
Adv. Rakesh Pipodia for the plaintiff present.
None for defendants.
Matter is adjd. to 09/02/2022 for passing dismissal order on NM.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 09-02-2022

Date: 09-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. for NM for Dismissal to 23-03-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-03-2022

Date: 09-02-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Matter is Adjd. for NM for Dismissal to 23-03-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Advocate  Mr. Rakesh Piprodia for plaintiff present.
Advocate Mr. Arun Kumar for defendant present.
Exh.7-Advocate for defendant filed application for set aside dismissal order dt. 06-01-2022. TOR  Other side to say.
Matter is adjd. for reply on Exh. 07 to 12-07-2022.
Next Purpose: REPLY
Next Hearing Date: 12-07-2022

Date: 23-03-2022
Business: Advocate  Mr. Rakesh Piprodia for plaintiff present.
Advocate Mr. Arun Kumar for defendant present.
Exh.7-Advocate for defendant filed application for set aside dismissal order dt. 06-01-2022. TOR  Other side to say.
Matter is adjd. for reply on Exh. 07 to 12-07-2022.
Next Purpose: REPLY
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Deepak Karade for Plaintiff present and filed reply on Exh. 7 is t.o.r and marked as Exh. 7-A. O :- Seen.
Adv. Arunkumar for defendant present.
Heard arguments of both sides on Exh. 7.
Order Below Exh. 7.
	This is application for recalling the order dtd. 06/01/2022 and fixing the matter for hearing on N.M. The defendant is seeking the recall on the ground that, he was prevented by Covid-19 from appearing. The counsel for Plaintiff has strongly objected to the same. In the interest of justice matter is kept for hearing on N.M.
Adjd to 05/08/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Deepak Karade for Plaintiff present and filed reply on Exh. 7 is t.o.r and marked as Exh. 7-A. O :- Seen.
Adv. Arunkumar for defendant present.
Heard arguments of both sides on Exh. 7.
Order Below Exh. 7.
	This is application for recalling the order dtd. 06/01/2022 and fixing the matter for hearing on N.M. The defendant is seeking the recall on the ground that, he was prevented by Covid-19 from appearing. The counsel for Plaintiff has strongly objected to the same. In the interest of justice matter is kept for hearing on N.M.
Adjd to 05/08/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2022

Date: 05-08-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 05-08-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 07-10-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2023

Date: 22-02-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 22-02-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-04-2023

Date: 05-04-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Adv. Deepak Karde present for plaintiff.
Adv.Arun Kumar present for defendant.
Heard both side.
F.R.S.R. following order is passed-
ORDER
1.Notice of Motion No.1699/2019 in Summary Civil Suit No.442/2018, is hereby allowed.
2.Delay stands condoned.
3.Defendants are permitted to appear in the proceeding.
4.Notce of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for steps on  17-10-2023.
Nature Of Disposal: ALLOWED
Disposal Date: 17-07-2023

Date: 17-07-2023
Business: Adv. Deepak Karde present for plaintiff.
Adv.Arun Kumar present for defendant.
Heard both side.
F.R.S.R. following order is passed-
ORDER
1.Notice of Motion No.1699/2019 in Summary Civil Suit No.442/2018, is hereby allowed.
2.Delay stands condoned.
3.Defendants are permitted to appear in the proceeding.
4.Notce of Motion is disposed of accordingly.
(Order dictated and pronounced in open Court)
Matter stands adjourned for steps on  17-10-2023.
Nature Of Disposal: ALLOWED
Disposal Date: 17-07-2023

Additional Case Details

Additional Case Details
Filing Number: 105196/2019
Filing Date: 26-04-2019
First Hearing Date: 04th July 2019
Decision Date: 17th July 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
17 Jul 2023

Order Details: Notice of Motion Pdf Text: ..1.. NM No.1699/2019 MHCC010046412019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1699 OF 2019 IN SUMMARY CIVIL SUIT NO. 442 OF 2018 (CNR NO.MHCC01-002486-2018) Diligent Road Carriers Limited )...Plaintiff Versus 1. Balmukund Polyplast Pvt. Limited ) 2. Mr. Ajay Kumar Agarwala )...Defendants Appearances :- Learned Advocate Deepak Karde for plaintiff. Learned Advocate Arun Kumar for defendants. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM NO.15…

Read Full Order

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