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NOTICE OF MOTION

Maker Tower I CHS LtdVsMakers Development Services Pvt Ltd And Anr

CNR MHCC0100478620192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 17th August 2022

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101741/2019
Registration Date
03 May 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: 20-07-2019
Business: Adv. T. Rane for Plaintiff present.
Adv. Sonali Mehta for defendant no.1 present.
She tendered original NM No.1741/19 t.o.r.
Adv. Rabab for defendant no.2 present.
Adv for Plaintiff sought time to file reply to NM No.1741/19.
Time is granted.
Adj for NM reply to 21.08.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. Teja Rane for Plaintiff present.
Adv. Manasi Kalvit for defendant no.1 present.
Adv. Bijliwalla for defendant no.2 present.
Reply filed by Plaintiff to NM No.1741/19 t.o.r.
Copy is given to defendant nos.1 and 2.
Adv for defendant no.1 sought time to file rejoinder.
Reply of defendant no.2 to the NM of defendant no.1 is not necessary as the said motion is under O 7 Rule 11 of CPC.
Adv for defendant no.2 sought time to file reply to the NM filed by Plaintiff.
Time is granted as last chance.
Adj for rejoinder of defendant no.1 and reply of defendant no.2 to 01.10.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2019

Date: 01-10-2019
Business: Adv.Apoorva Kulkarni for Plaintiff present.
Adv. Miss Rabab for defendant no 2 present.
She filed reply to NM 1741/19.
Adv. Miss Mansi Kalvit for defendant no 1 present.
Rejoinder not filed by defendant no 1.
Adv. for defendant no 1 sought adjournment -Granted.
Adjd. to 1.11.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: None present for plaintiff.
Adv. Sonali Mehta for defendant no 1 present.
Adv. Bijaliwala for defendant no 2 present.
Adv. for defendant no 1 sought adjournment,
O- Adjournment is granted as last chance.
Adjourned for NM hearing to 11.11.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2019

Date: 11-11-2019
Business: Adv. Sunita Sonawane for Plaintiff present.
Adv. Bijliwalla for defendant no.2 present.
Adv. Mahernosh Humranwala for defendant no.1 present.
Heard arguments of both sides.
Adj for NM order to 21.11.2019.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-11-2019

Date: 21-11-2019
Business: Adv. Apoorva Kulkarni for plaintiff present.
Adv. Sonali Mehata for defendant 1 present.
Adv. Bijaliwala for defendant no 2 present.
As court busy in passing order in other matter,
Adjourned to 28.11.2019 for NM order.
Next Purpose: NM  ORDERS
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Adv. Sunita Sonavane for plaintiff present.
Adv. Sonali Mehata for defendant no 1 present.
Adv. Miss Rabab for defendant no 2 present.
Adjourned to 4.12.2019 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv. apporva Kulkarini for plaintiff present.
Adv. Rabab for defendant No 2 present.
Adv. Sonali Mehata for defendant No 1 present.
As regular steno is not available, and court is busy in hearing other matter it is adjourned.
Adjourned to 7.12.2019 for order.
Next Purpose: NM  ORDERS
Next Hearing Date: 07-12-2019

Date: 07-12-2019
Business: Adv. Apurva Kulkarni for plaintiff present.
Adv. Sonali Mehta for defendant No.1 present.
Adv. Bijliwala for defendant No.2 present.
Parties are directed to clarify on certain aspects.
Adjourned for hearing to 16.12.2019
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Sunita Sonawane for plaintiff present.
Adv. Humranwala  for defendant no 1 present.
Adv. Shresha Seth for defendant no 2 present.
Adv. for plaintiff submitted that they will takeout appropriate proceedings.
Adjourned for steps to 22.01.2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: None present for plaintiff.
Adv. Mansi Kalvit for defendant No.1 present.
Adv. Bijaliwala for defendant No. 2 present.
In the interest of justice matter is adjourned as last chance.
Adjourned to 12.02.2020 for steps.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv Apurva Kulkarni for plff present.
Adv Manasi Kalvi for deft no. 1 present.
Adv for plff submitted that Adv on record is hospitalized, hence seeks four weeks time to take appropriate steps.  Granted.
Matter stands Adj for taking steps to 12/03/2020.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv Apurva Kulkarni for plff present.
Adv Manasi Kalvit for deft no. 1 present.
Adv Bijaliwala for deft no. 2 present.
Adv for plff tendered draft CS.  Leave granted to register.  Copy served to other side.
Matter stands Adj for CS reply to 07/04/2020.
Next Purpose: C/S REPLY
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020

Date: 18-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: C/S REPLY
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2020

Date: 29-05-2020
Business: National Lockdown
Next Purpose: C/S REPLY
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Next Purpose: C/S REPLY
Next Hearing Date: 13-10-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020

Date: 13-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 17-12-2020

Date: 17-12-2020
Business: None present.
Matter stands Adj for CS Reply to 11/02/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv Apoorva Kulkarni for plff present.
She tendered registered CS 34/2021. t.o.r.
Adv Akansha Patil for deft no. 1 present.
Adv Bijliwala for deft no. 2 present.
Adv for deft no. 1 and 2 seeks time to file reply to CS.
Matter stands Adj for CS Reply to 02/03/2021.
Next Purpose: C/S REPLY
Next Hearing Date: 02-03-2021

Date: 02-03-2021
Business: Adv Sunita Sonawane for plff present.
Adv Akansha Patil for deft no. 1 present.
Adv for plff submitted she served copy of CS on deft no. 1 and 2
She seeks time to serve copy of CS on respondent.  Granted.
Matter stands Adj for CS Service to 05/04/2021.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 05-04-2021

Date: 05-04-2021
Business: P. O. is on Leave.
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 11-06-2021

Date: 11-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 26-07-2021

Date: 11-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 26-07-2021

Date: 11-06-2021
Business: Due to Covid - 19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-08-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-08-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-08-2021

Date: 26-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: By Precipe
NOB TOB
Adv Apoorva Kulkarni for plff present.
She tendered draft CS.  Leave to register granted. Plff had filed CS No. 34/2021 for amendment in the plaint and adding respondent as deft no. 3.  Plff prior to serve summons to the respondent by RPAD but it returned back with remark dated 08/03/2021 “not claimed” return to sender.  Perused the CS, address of respondent is shown in Kolkatta, West Bengal.  Hence respondent not likely to be served on his address last known to the plff.
Under the circumstances Draft CS …..... /2021 for paper publication in local news papers of Kolkatta as mentioned in prayer clause (a) is allowed.
Plff to register draft CS for statistical purpose.
Matter Adj for Compliance to 09/09/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-09-2021

Date: 09-09-2021
Business: Adv Apoorva Kulkarni for plff present.
Adv Ashi for deft no. 2 present.
Adv for plff filed application for modification of order in CS 925/2021 dated 06/08/2021. t.o.r.  Marked as Exh. 03.
Heard Adv for applicant / plff.  Application is allowed as prayed.
Matter stands Adj to 22/10/2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: Adv Apurva Kulkarni for plff present.
She filed application for extension of time to comply order dated 06/08/2021 and 09/09/2021.  Granted till next date.
Adv Rukaiyya Madhubala for deft no. 1 present.
She seeks time to file CS Reply.  Granted.
Adv Ashi for deft no. 2 present.
She filed reply CS.  Copy served to other side.
Matter stands Adj for Compliance and CS Reply to 20/12/2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv Sunita Sonawane for plff present.
Adv Rukayya Mahuwala for deft no. 1 present.
She seeks time to file CS reply.  Granted.
Adv Arshi for deft no. 2 present.
Adv for plff filed affidavit of service through paper publication on proposed deft no. 3. t.o.r.  It appears that proposed deft no. 3 is duly served through paper publication on 30/10/2021 and 31/10/2021.
Proposed deft no. 3 absent.
Matter stands Adj for CS Reply of deft no. 1 and proposed deft no. 3 to CS Reply to 11/02/2022.
Next Purpose: C/S REPLY
Next Hearing Date: 11-02-2022

Date: 11-02-2022
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: C/S REPLY
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: Adv. Apurva Kulkarni for plaintiff present.
Adv. Rukya Mahuwala for defendant no.1 present.
She filed reply to chamber summons. TOR.
Adv. Aashi for defendant no.2 present.
None for proposed defendant no.3.
He failed to file reply to chamber summons. Hence chamber summons proceeded without reply of proposed defendant no.3.
Matter stands Adj for hearing on 28.04.2022.
Next Purpose: HEARING
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: Adv Vedanti Mhatre for plff present.
Adv Rukaiyya Mahuwala for deft present.
P. O. is dictating Judgment in SU 7780/1998.
Hence matter stands Adj for CS Hearing to 01/07/2022.
Next Purpose: C/S  HEARING
Next Hearing Date: 01-07-2022

Date: 01-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 01-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 01-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 01-07-2022
Business: PO is on leave.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Sunita Sonawane  for plaintiff present.
Adv .Rukayyah  Mahuwala  for defendant no. 1 present.
Adv. Kalyani Deshmukh for defendante no. 2 present.
Heard advocates on ch/s no. 100034/2021. On the request of advocate of defendant no. 1 and 2 notice of motion no. 1741/2019 is taken for hearing.
Parties are directed to give CTS Number of suit property.
Matter is adjd for n/m  hearing to 11/08/2022.
Next Purpose: HEARING
Next Hearing Date: 11-08-2022

Date: 11-08-2022
Business: Adv. Sunita Sonawane for plaintiff present.
Adv.  Dalal for defendant no. 2 present.
Adv. M. J. Humranwala  for defendant no. 1 present.
kb.
Heard advocates for the parties.
Parties are directed to give CTS number of suit property.
Matter is adjd for order to 17/08/2022.
Next Purpose: ORDER
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Sunita Sonawane  for plaintiff present.
Adv. Kalyani Deshmukh for defendant no. 2 present.
Adv. Navjat for defendant no. 1 present.
FRSR following order is passed:-
Order -
1) Notice of motion no. 1741/2019 stands rejected.
2) No order as to costs.
Nature Of Disposal: OTHER
Disposal Date: 17-08-2022

Additional Case Details

Additional Case Details
Filing Number: 105317/2019
Filing Date: 03-05-2019
First Hearing Date: 20th July 2019
Decision Date: 17th August 2022
Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
17 Aug 2022

Order Details: Notice of Motion Pdf Text: ORDER ..1.. MHCC010047862019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.1741 OF 2019 IN S.C. SUIT NO.1018 OF 2018 Maker Development Services Pvt. Ltd. … Applicant. Defendant no.1. In the matter between. Make Tower ‘I’ Co-operative Housing Society Ltd., ...Plaintiff. Versus Makers Development Services Pvt. Ltd., and another...Defendants. Appearance Adv. Sunita Sonawane for plaintiff. Adv. Dalal for defendant no.2. Adv. M.J. Humranwala for defendant no.2. CORAM : HIS HONOUR…

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