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NOTICE OF MOTION

Mr. Bhakaram Kojaram ( Suit No. 1135/VsMr. Kiran Shivaji Sunka

CNR MHCC01004650202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 21st April 2022

TrustJury record updated 29 Sept 2026

Case Overview

Registration Number
101531/2020
Registration Date
26 Oct 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-11-2020
    Business: The P.O. is on leave. Hence matter is adjourned.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv. Jadhav for plaintiff present.
    Adv. Kharatmol for defendant present.
    On oral request of Ld. Adv. for plaintiff matter is adjourned.
    Adjd to 18.02.2021 for NM rejoinder/hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Adv. Jadhav for plaintiff present and tendered rejoinder in NM No. 1531/20.  Copy served to other side.
    Adv. Kharatmol for defendant present.
    On oral request of Ld. Adv. for defendant matter is adjourned.
    Adjd to 04.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Adv. Jadhav for plaintiff present.
    Adv. Kharatmol for defendant present and tendered draft NM along with affidavit.  Leave granted to register the NM.  Copy served to other side.
    On oral request of Ld. Adv. for plaintiff adjournment granted.
    Adjd to 18.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. Jadhav for plff. present and tendered affidavit in reply to draft NM filed by defendant. Copy served to other side
    Heard both sided on draft NM filed by defendant.
    Adjd. to 20.03.2021 for order on draft NM .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-03-2021
    
    Date: 18-03-2021
    Business: Adv. Jadhav for plff. present and tendered affidavit in reply to draft NM filed by defendant. Copy served to other side
    Heard both sided on draft NM filed by defendant.
    Adjd. to 20.03.2021 for order on draft NM .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-03-2021
    
    Date: 18-03-2021
    Business: Adv. Jadhav for plff. present and tendered affidavit in reply to draft NM filed by defendant. Copy served to other side
    Heard both sided on draft NM filed by defendant.
    Adjd. to 20.03.2021 for order on draft NM .
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: None for plaintiff.
    Adv. Sawant for deft .present.
    FRSR following order is passed-
    Order-
    1. Draft Notice of Motion is dismissed.
    2. The defendant is directed to register the Notice of Motion for statistical purpose.
    3. Costs in cause.
    Authenticated copy be given to both the parties.
    Later on Adv.Jadhav for plff present. Ld advocate for the plaintiff to inform the date to defendant as the same is changed subsequently to 22.04.2021 from 29.06.2021.
    Authenticated copy be given to both the parties.
    Adjd. to 22.04.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 20-03-2021
    Business: None for plaintiff.
    Adv. Sawant for deft .present.
    FRSR following order is passed-
    Order-
    1. Draft Notice of Motion is dismissed.
    2. The defendant is directed to register the Notice of Motion for statistical purpose.
    3. Costs in cause.
    Authenticated copy be given to both the parties.
    Later on Adv.Jadhav for plff present. Ld advocate for the plaintiff to inform the date to defendant as the same is changed subsequently to 22.04.2021 from 29.06.2021.
    Authenticated copy be given to both the parties.
    Adjd. to 22.04.2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 22-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 22-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: Adv. Jadhav for plaintiff present.
    Adv. Mr. Anil Kharatmol for defendant present.
    Adv. for defendant tendered registered notice of motion No. 978/21. t.o.r.
    Adv. for defendant stated that he has filed appeal against order passed in NM No. 978/21 dt. 20.030.2021 however plaintiff has not received notice of the appeal till date.
    Adv. for plaintiff requested for short adjournment and further stated that as there is no stay to the proceeding the contempt notice of motion be heard and decided. He further stated that he is ready to receive the notice of appeal filed by defendant.
    The appeal is filed against dismissal of notice of motion of defendant about maintainability of suit on the point of jurisdiction therefore the said issue is important to be adjudicated before Honble Appellate court. Unless the said issue is decided the suit cannot proceed. Hence adjourned.
    Adv. for plaintiff is seeking short adjournment however considering the pendency of cases before this court which is of the years 40/30/20/10 it will not be possible to adjourn to short date.
    Adjd for NM hearing to 08/11/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adjd for argument to NM No. 1531/20 as last chance to 08/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-11-2021
    Business: Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adjd for argument to NM No. 1531/20 as last chance to 08/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-11-2021
    Business: Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adjd for argument to NM No. 1531/20 as last chance to 08/12/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Plaintiff present.
    Adv. Anand Jadhav For plaintiff present.
    Adv. Anil Kharatmol for defendant present and seeking adjournment.
    Adv. For defendant to argue notice of motion on next date failing which Notice of motion will proceed without argument of defendant.
    Adv. For plaintiff is seeking short adjournment in month of december. As there are matters pending for passing judgment and orders in notice of motions which are already heard hence short date cannot be given.
    Adjd for NM hearing to 06/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 08-12-2021
    Business: Plaintiff present.
    Adv. Anand Jadhav For plaintiff present.
    Adv. Anil Kharatmol for defendant present and seeking adjournment.
    Adv. For defendant to argue notice of motion on next date failing which Notice of motion will proceed without argument of defendant.
    Adv. For plaintiff is seeking short adjournment in month of december. As there are matters pending for passing judgment and orders in notice of motions which are already heard hence short date cannot be given.
    Adjd for NM hearing to 06/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 08-12-2021
    Business: Plaintiff present.
    Adv. Anand Jadhav For plaintiff present.
    Adv. Anil Kharatmol for defendant present and seeking adjournment.
    Adv. For defendant to argue notice of motion on next date failing which Notice of motion will proceed without argument of defendant.
    Adv. For plaintiff is seeking short adjournment in month of december. As there are matters pending for passing judgment and orders in notice of motions which are already heard hence short date cannot be given.
    Adjd for NM hearing to 06/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Plaintiff present.
    Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Additional reply to NM No. 1890/20 filed by adv. For defendant. T.O.R.
    Adv. For deft stated that copy of  said additional reply is supplied to adv. For plaintiff.
    Plaintiff may file rejoinder if he so desires to the additional reply.
    Adjd for NM arguments to 25/01/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-01-2022
    
    Date: 06-01-2022
    Business: Plaintiff present.
    Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Additional reply to NM No. 1890/20 filed by adv. For defendant. T.O.R.
    Adv. For deft stated that copy of  said additional reply is supplied to adv. For plaintiff.
    Plaintiff may file rejoinder if he so desires to the additional reply.
    Adjd for NM arguments to 25/01/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-01-2022
    
    Date: 06-01-2022
    Business: Plaintiff present.
    Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Additional reply to NM No. 1890/20 filed by adv. For defendant. T.O.R.
    Adv. For deft stated that copy of  said additional reply is supplied to adv. For plaintiff.
    Plaintiff may file rejoinder if he so desires to the additional reply.
    Adjd for NM arguments to 25/01/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adv. For plaintiff filed affidavit in rejoinder to NM No. 1890/2020. T.O.R.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for NM arguments to 14/02/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-02-2022
    
    Date: 25-01-2022
    Business: Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adv. For plaintiff filed affidavit in rejoinder to NM No. 1890/2020. T.O.R.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for NM arguments to 14/02/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-02-2022
    
    Date: 25-01-2022
    Business: Adv. Anand Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adv. For plaintiff filed affidavit in rejoinder to NM No. 1890/2020. T.O.R.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for NM arguments to 14/02/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-02-2022
    
    Date: 14-02-2022
    Business: Adv. A. J. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Adv. For defendant stated that the additional reply filed by the defendants for contempt notice of motion be considered and earlier reply he is not pressing as there is typographical mistake.
    Heard arguments of Adv. Mr. A. J. Jadhav for plaintiff.
    Heard arguments of Adv. Anil Kharatmol for defendant.
    Adjd for NM orders to 24/02/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Dt.24/02/2022
    Suit  1135/20
    Nm 1890/20
    NM 1531/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. A. J. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    FRSR the following order is passed in NM No. 1890/2020
    ORDER
    1.  Notice of Motion No. 1890/2020 is rejected.
    2.  No order as to cost.
    3.  Accordingly, Notice of Motion is disposed of.
    Adjd for NM orders to 01/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-03-2022
    
    Date: 24-02-2022
    Business: Dt.24/02/2022
    Suit  1135/20
    Nm 1890/20
    NM 1531/20
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. A. J. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    FRSR the following order is passed in NM No. 1890/2020
    ORDER
    1.  Notice of Motion No. 1890/2020 is rejected.
    2.  No order as to cost.
    3.  Accordingly, Notice of Motion is disposed of.
    Adjd for NM orders to 01/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Court is busy in hearing arguments in other suit. Hence adjourned.
    Adjd for NM orders to 10/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-03-2022
    
    Date: 01-03-2022
    Business: Adv. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Court is busy in hearing arguments in other suit. Hence adjourned.
    Adjd for NM orders to 10/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-03-2022
    
    Date: 01-03-2022
    Business: Adv. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Court is busy in hearing arguments in other suit. Hence adjourned.
    Adjd for NM orders to 10/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-03-2022
    
    Date: 10-03-2022
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    At. 3.33 pm.
    Adv Anaw J Josheph for plaintiff present.
    Adv Kheratmol for defendant present.
    Court is busy in finial argument in Su. No.7718/76 and Su No.9773/82 hence, Matter is adjd for NM order to. 23.03.2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-03-2022
    
    Date: 10-03-2022
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    At. 3.33 pm.
    Adv Anaw J Josheph for plaintiff present.
    Adv Kheratmol for defendant present.
    Court is busy in finial argument in Su. No.7718/76 and Su No.9773/82 hence, Matter is adjd for NM order to. 23.03.2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-03-2022
    
    Date: 10-03-2022
    Business: IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    At. 3.33 pm.
    Adv Anaw J Josheph for plaintiff present.
    Adv Kheratmol for defendant present.
    Court is busy in finial argument in Su. No.7718/76 and Su No.9773/82 hence, Matter is adjd for NM order to. 23.03.2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: Adv. Anand Jadhav For plaintiff present.
    Adv. Anil Kharatmol For defendant present.
    Steno not available. Hence adjourned.
    Adjd for NM orders to 28/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-03-2022
    
    Date: 23-03-2022
    Business: Adv. Anand Jadhav For plaintiff present.
    Adv. Anil Kharatmol For defendant present.
    Steno not available. Hence adjourned.
    Adjd for NM orders to 28/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-03-2022
    
    Date: 23-03-2022
    Business: Adv. Anand Jadhav For plaintiff present.
    Adv. Anil Kharatmol For defendant present.
    Steno not available. Hence adjourned.
    Adjd for NM orders to 28/03/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: At 2.55 PM.
    Adv. A. J. Jadhav For plaintiff present.
    Adv. Anil Kharatmol For defendant present.
    Court is busy in passing orders in NM No. 1108/20 in suit no. 620/22 and hearing arguments in stamp no. 3216/22 hence adjourned.
    Adjd for NM order  to 06-04-2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-04-2022
    
    Date: 28-03-2022
    Business: At 2.55 PM.
    Adv. A. J. Jadhav For plaintiff present.
    Adv. Anil Kharatmol For defendant present.
    Court is busy in passing orders in NM No. 1108/20 in suit no. 620/22 and hearing arguments in stamp no. 3216/22 hence adjourned.
    Adjd for NM order  to 06-04-2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-04-2022
    
    Date: 28-03-2022
    Business: At 2.55 PM.
    Adv. A. J. Jadhav For plaintiff present.
    Adv. Anil Kharatmol For defendant present.
    Court is busy in passing orders in NM No. 1108/20 in suit no. 620/22 and hearing arguments in stamp no. 3216/22 hence adjourned.
    Adjd for NM order  to 06-04-2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-04-2022
    
    Date: 06-04-2022
    Business: Court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-04-2022
    
    Date: 06-04-2022
    Business: Court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-04-2022
    
    Date: 06-04-2022
    Business: Court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: At 2.47 pm
    Adv. A. J. Jadhav for plaintiff present.
    Adv. Anil Kharatmol for defendant present.
    Order pronounced at 2.47 pm
    FRSR the following order is passed in NM No. 1531/2020
    ORDER
    1. The Notice of Motion is rejected.
    2. No order as to costs.
    3. Accordingly, the Notice of Motion is disposed of.
    Nature Of Disposal: DISMISSED
    Disposal Date: 21-04-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105254/2020
    Filing Date: 26-10-2020
    First Hearing Date: 03rd November 2020
    Decision Date: 21st April 2022
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Apr 2022

    Order Details: Notice of Motion Pdf Text: 1 NM 1531/2020 in S.C. Suit 1135/2020 NOTICE OF MOTION NO. 1531 OF 2020 IN S.C. SUIT NO. 1135 OF 2020 CNR NO. : MHCC010046502020 Mr. Bhakaram Khojaram Bishnoi …Plaintiff Versus Mr. Kiran Shivaji Sunka ...Defendant Appearance: Adv. Shri. A.J. Jadhav for Plaintiff. Adv. Shri. A.S. Kharatmol for Defendant. CORAM : SMT. S.S. NAGUR JUDGE, (C.R.NO.66) DATE : 21.04.2022 ORDER The Notice of Motion is filed by the plaintiff to restrain the defendant…

    Read Full Order

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