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NOTICE OF MOTION

Badruddin Nazir Ahmed KhanVsMohammad Kasim Ali And Ors

CNR MHCC01004787201920-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th August 2020

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101742/2019
Registration Date
03 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 31-07-2019
    Business: Adv. Prajapati for plaintiff present.
    Court is busy in dictating Judgment in SCTB Matter No.7860/04, hence this suit is adjourned.
    Matter adjourned for NM hearing on 05/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: Adv. N.G. Prajapati for plaintiff present.
    Ld. counsel for plaintiff filed registered NM a/w affidavit. TOR.
    Exh.15 Service affidavit filed by plaintiff. TOR.
    As per Annexure B to service affidavit notice is served on D-2 by hand. None appeared for D-2.
    Plaintiff to take steps for service to D-1.
    Matter adjourned for service affidavit of D-1 on 02/11/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-11-2019
    
    Date: 02-11-2019
    Business: Adv. Ranjit Prajapati for plaintiff present.
    Exh.16 Service affidavit filed by plaintiff. TOR.
    As per affidavit D-1 refused to accept the notice. Refusal amount to service. None appeared for D-1.
    Matter adjd for NM hearing on 02/12/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Ranjit Prajapati for plaintiff present.
    None Present for the Deft.
    Plff argument heard.
    Matter is adj for NM Order on 18/12/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: None present.
    Today the matter is for order on this notice of motion. For passing order on this notice of motion, I am of the opinion that it is necessary to know as to how much among is deposited by deft no.2 and for which period from the court receiver. Hence issue notice to the court receiver and call information as stated above.
    Matter adj for compliance on 20/01/2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Ranjit prajapati for plaintiff present.
    None Present for the Deft.
    Matter adj for Report of Court Receiver on 20/02/2020 at 02.45 pm.
    Next Purpose: REPORT
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. S.P. Pande for plaintiff present.
    Representative of High Court, Bombay, Court Receiver - Govind Holmane present. He has filed statement of account t.o.r. marked as Ex.17. O- Seen.
    None for defendant.
    The said representative states that amount in FD is to be reported. Hence matter adjourned for filing statement of amount in FD.
    Matter adjd for filing statement of amount in FD to 02-03-2020 at 2.45 pm.
    Next Purpose: REPORT
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv. Pandey for plaintiff present.
    Representative of Court receiver Mr. Govind R. Honmane present.
    He has filed FDR details t.o.r. O- Seen.
    Heard Ld Adv for plaintiff.
    Matter adjd for NM order to 14-03-2020 at 2.45 pm.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: CA of plaintiff present.
    KB L.O. at 4.33 pm
    Adv. Rajapati for plaintiff present.
    None for defendant.
    The Civil Section is directed to submit report whether the judgment and decree is stayed by the Hon\''ble Higher Courts or not.
    Matter adjd for compliance and order to 17-03-2020 at 2.45 pm.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Adv S.P. Pande for plaintiff present.
    None for defendant.
    As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020.
    Matter adjd for compliance and order to 03-04-2020 at 2.45 pm.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-08-2020
    
    Date: 13-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: None present.
    F.R.S.R. following order is passed.
    ORDER
    Notice of Motion No. 1742/2019 in Suit No. 5862/06 is partly allowed as under -
    1.   The Court Receiver is hereby directed to release the money as per rule, deposited by the defendant no.2 being the arrears of royalty charges for the use of the said premises as statement of amount annexed with affidavit in support of Notice of Motion.
    2.   Prayer of the plaintiff to direct to defendant no.2 to pay the arrears of royalty charges from the period of June 2014 to December 2018 amounting to Rs.2,75,000/- at the rate of Rs.5,000/- per month to the plaintiff, as prayed is rejected.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-08-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 105069/2019
    Filing Date: 03-05-2019
    First Hearing Date: 31st July 2019
    Decision Date: 14th August 2020
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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