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NOTICE OF MOTION

Smt Tarmatidevi wd o Purushottamdas MohtaVsLaxmi Asbestos Products Ltd And Ors

CNR MHCC0100509920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st June 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101796/2019
Registration Date
20 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: 13-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-07-2019
    
    Date: 18-07-2019
    Business: Court is busy in hearing NM in suit no.234/19 and court has to hear urgent matters, hence board of second session is discharged and case is adjourned to 24/09/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Business: None present for Plaintiff.
    Advocate Prakash Khati for Defendant no.1 present
    On perusal of the plaint of the suit it is noticed that State of Maharashtra and Additional Collector and Competent Authority (ULC) Gr. Bombay.  As such, this suit is necessary to be entertained by the Special court which is entertaining the suits on behalf of the State or suits against the State, hence Registrar is directed to take necessary steps for transfer of this suit to the court trying the suits against State because this is the special court established for senior citizens.
    Case is adjourned to 23/10/2019 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 23-10-2019
    
    Date: 23-10-2019
    Business: The court is on leave
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: None present.
    As court is busy in hearing adinterim hearing in suit No 2915/19 and St. No.11777/19.Hence, board is discharged.
    Matter adj for compliance to 17.02.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Bhavika Shinde for plaintiff is present. She undertakes to serve the copy of N/M to State.
    Matter is adjd.for N/M service to 13/04/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-04-2020
    
    Date: 17-02-2020
    Business: Adv. Bhavika Shinde for plaintiff is present. She undertakes to serve the copy of N/M to State.
    Matter is adjd.for N/M service to 13/04/2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-04-2020
    
    Date: 17-02-2020
    Business: Adv. Bhavika Shinde for plaintiff is present. She undertakes to serve the copy of N/M to State. Matter is adjd.for N/M service to 13/04/2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2020
    
    Date: 13-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Business: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-07-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-07-2020
    
    Date: 30-07-2020
    Business: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-11-2020
    
    Date: 30-07-2020
    Business: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Due to lockdown because of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 08/02/2021 for service/reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-02-2021
    
    Date: 12-01-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd. to 08/02/2021 for service/reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Business: Adv. Sonali Kunekar h/f Adv. Mr. Vikas  for the plaintiff.
    Last chance is granted for filing proof of service.
    Matter is adjd. to  19/03/2021 for service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2021
    
    Date: 08-02-2021
    Business: Adv. Sonali Kunekar h/f Adv. Mr. Vikas  for the plaintiff.
    Last chance is granted for filing proof of service.
    Matter is adjd. to  19/03/2021 for service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv.Bhakti Sutar for plaintiff.
    None for defendant.
    Final opportunity is granted to the plaintiff for service of summons.
    Matter is adjd. to 28.04.2021 for service of summons
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2021
    
    Date: 19-03-2021
    Business: Adv.Bhakti Sutar for plaintiff.
    None for defendant.
    Final opportunity is granted to the plaintiff for service of summons.
    Matter is adjd. to 28.04.2021 for service of summons
    Next Purpose: SERVICE
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: due to covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 19-06-2021
    
    Date: 19-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 02-08-2021
    
    Date: 19-06-2021
    Business: Due to COVID-19 pandemic.
    Matter is adjourned.
    Next Purpose: SERVICE
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: None present.
    Matter is adjd. to 20/08/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 18-09-2021
    
    Date: 20-08-2021
    Business: court is on leave
    Next Purpose: SERVICE
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for Service to 04.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 04-10-2021
    
    Date: 18-09-2021
    Business: None for plaintiff.
    None for defendant.
    Matter adjourned for Service to 04.10.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: As the Court is busy in dictating Judgment in SU No.623/2012 and  NM No.16212018 (SU No.1542/2017) order and  inspection of Notary Work. Hence, board is discharged.
    Matter is adjd. to 25/10/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-10-2021
    
    Date: 04-10-2021
    Business: As the Court is busy in dictating Judgment in SU No.623/2012 and  NM No.16212018 (SU No.1542/2017) order and  inspection of Notary Work. Hence, board is discharged.
    Matter is adjd. to 25/10/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-10-2021
    
    Date: 25-10-2021
    Business: Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
    Matter is adjd. to 01/12/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 25-10-2021
    Business: Court busy in dictating order in NM No. 2016/2019 (SU 1507/2019), NM No.2014/2019 (SU No.1508/2019), NM No.2016/2019 (SU No.1509/2019), NM No.2008/2019 (SU No. 1453/2019) and NM No.2013/2019 (SU 1455/2019). Hence, board is discharged.
    Matter is adjd. to 01/12/2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv Sonali Punekar present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 21.12.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2021
    
    Date: 01-12-2021
    Business: Adv Sonali Punekar present for the plaintiff.
    None present for the defendant.
    Matter is adjd. to 21.12.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: None present from both sides.
    Matter is adjd. to 29-01-2022
    Next Purpose: SERVICE
    Next Hearing Date: 29-01-2022
    
    Date: 21-12-2021
    Business: None present from both sides.
    Matter is adjd. to 29-01-2022
    Next Purpose: SERVICE
    Next Hearing Date: 29-01-2022
    
    Date: 29-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 08.03.2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2022
    
    Date: 29-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 08.03.2022 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: None present for the parties.
    N/m 1796/19 is pending for recalling order passed on 21/02/2019 for closing the evidence of Plff.
    Plff. has failed to effect service as undertaken on 17/02/2020. Plff. is absent since long. No service affidavit is filed. Hence, Matter is adjd. for further orders on N/m to 21-04-2022.
    Next Purpose: NM  ORDERS P.H.
    Next Hearing Date: 21-04-2022
    
    Date: 08-03-2022
    Business: None present for the parties.
    N/m 1796/19 is pending for recalling order passed on 21/02/2019 for closing the evidence of Plff.
    Plff. has failed to effect service as undertaken on 17/02/2020. Plff. is absent since long. No service affidavit is filed. Hence, Matter is adjd. for further orders on N/m to 21-04-2022.
    Next Purpose: NM  ORDERS P.H.
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: Adv.Bhakti Sutar for plaintiff present.
    She submits that the company of Ld. advocates for  defendant no. 1 is desoled and hence could not be served. Hence she seeks time to serve  defendant no.1 on his own address.
    Matter is adjd. to 29-06-2022 for N/m order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-06-2022
    
    Date: 21-04-2022
    Business: Adv.Bhakti Sutar for plaintiff present.
    She submits that the company of Ld. advocates for  defendant no. 1 is desoled and hence could not be served. Hence she seeks time to serve  defendant no.1 on his own address.
    Matter is adjd. to 29-06-2022 for N/m order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-07-2022
    
    Date: 29-06-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-08-2022
    
    Date: 28-07-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2022
    
    Date: 08-08-2022
    Business: court is on leave
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Sonali Punekar for plaintiff present.
    Adv. Yash Chaoudhari for defendant no. 1 present and seeking time for filing say as no objection is not received from previous advocate of the company. Time granted.
    Matter is adjd. to 16.09.2022 for service
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 22-08-2022
    Business: Adv. Sonali Punekar for plaintiff present.
    Adv. Yash Chaoudhari for defendant no. 1 present and seeking time for filing say as no objection is not received from previous advocate of the company. Time granted.
    Matter is adjd. to 16.09.2022 for service
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 12.10.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2022
    
    Date: 16-09-2022
    Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 12.10.2022 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: None present for plaintiff.
    Adv. Sel for defendant No. 1 present and filed VP. TOR. Marked as Exh.34
    Matter is adjd. to 08.12.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-12-2022
    
    Date: 12-10-2022
    Business: None present for plaintiff.
    Adv. Sel for defendant No. 1 present and filed VP. TOR. Marked as Exh.34
    Matter is adjd. to 08.12.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: Adv. Bhavika Shinde h/f Adv. Sonali Punekar for plaintiff present and seeking time to file reply to NM. Time granted.
    Adv. Yash Choudhary for defendant no. 1 present.
    Matter is adjd. to 09.01.2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2023
    
    Date: 08-12-2022
    Business: Adv. Bhavika Shinde h/f Adv. Sonali Punekar for plaintiff present and seeking time to file reply to NM. Time granted.
    Adv. Yash Choudhary for defendant no. 1 present.
    Matter is adjd. to 09.01.2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: Adv. Sonali Punekar present for plaintiff.
    Adv. Sanaya Patel for defendant no.1 present and submitted that she is not going to file reply to Notice of Motion. Hence, no reply order is passed against Deft.no.1.
    Matter is adjourned to 21.02.2023 for Notice of Motion Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 09-01-2023
    Business: Adv. Sonali Punekar present for plaintiff.
    Adv. Sanaya Patel for defendant no.1 present and submitted that she is not going to file reply to Notice of Motion. Hence, no reply order is passed against Deft.no.1.
    Matter is adjourned to 21.02.2023 for Notice of Motion Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv. Sonali Kunekar for plaintiff present.
    As Court is busy hearing argument in High Court Time Bound Rev. Petition No. 22/2023. Hence, Board is discharged.
    Matter is adjourned to 03.04.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 21-02-2023
    Business: Adv. Sonali Kunekar for plaintiff present.
    As Court is busy hearing argument in High Court Time Bound Rev. Petition No. 22/2023. Hence, Board is discharged.
    Matter is adjourned to 03.04.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: None present for the parties.
    Matter is adjourned to 16.06.2023 for Notice of Motion hearing.
    LO at 3.27 pm
    Adv. Sen for defendant No. 1 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 03-04-2023
    Business: None present for the parties.
    Matter is adjourned to 16.06.2023 for Notice of Motion hearing.
    LO at 3.27 pm
    Adv. Sen for defendant No. 1 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-06-2023
    
    Date: 16-06-2023
    Business: Adv. Ms. Sonali Punekar for the plaintiff is present.
    Adv. Mr. S. Choudhari for defendant No. 1 is present.
    Advocate for defendant No. 1 submitted that he does not want to file reply to NM and he is ready to argue on NM.
    Heard both the sides on NM No. 1796/2019.
    Adjourned for NM Order to 21.06.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-06-2023
    
    Date: 16-06-2023
    Business: Adv. Ms. Sonali Punekar for the plaintiff is present.
    Adv. Mr. S. Choudhari for defendant No. 1 is present.
    Advocate for defendant No. 1 submitted that he does not want to file reply to NM and he is ready to argue on NM.
    Heard both the sides on NM No. 1796/2019.
    Adjourned for NM Order to 21.06.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. Ms. Sonali Kunekar for the plaintiff is present.
    Adv. Ms. Sanaya Patel for defendant No. 1 is present.
    F.R.S.R. the following Order is passed on NM No. 1796/2019:
    ORDER
    1.	Notice of Motion No. 1796 of 2019  is hereby allowed subject to the payment of costs of Rs.1,000/-  payable by the plaintiff to defendant No.1 on or before next date.
    2.  	On payment of costs, order dated 21.02.2019 passed by this Court-“Evidence of plaintiff is closed”  is set aside and the plaintiff is allowed to lead the evidence.
    3.	On failure to make compliance, Notice of Motion will be dismissed automatically.
    4.  	Notice of Motion No.1796 of 2019 is disposed of accordingly.
    Adjourned for compliance to 14.07.2023.
    Nature Of Disposal: ALLOWED
    Disposal Date: 21-06-2023
    
    Date: 21-06-2023
    Business: Adv. Ms. Sonali Kunekar for the plaintiff is present.
    Adv. Ms. Sanaya Patel for defendant No. 1 is present.
    F.R.S.R. the following Order is passed on NM No. 1796/2019:
    ORDER
    1.	Notice of Motion No. 1796 of 2019  is hereby allowed subject to the payment of costs of Rs.1,000/-  payable by the plaintiff to defendant No.1 on or before next date.
    2.  	On payment of costs, order dated 21.02.2019 passed by this Court-“Evidence of plaintiff is closed”  is set aside and the plaintiff is allowed to lead the evidence.
    3.	On failure to make compliance, Notice of Motion will be dismissed automatically.
    4.  	Notice of Motion No.1796 of 2019 is disposed of accordingly.
    Adjourned for compliance to 14.07.2023.
    Nature Of Disposal: ALLOWED
    Disposal Date: 21-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105122/2019
    Filing Date: 20-05-2019
    First Hearing Date: 13th June 2019
    Decision Date: 21st June 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    21 Jun 2023

    Order Details: Notice of Motion Pdf Text: 1 MHCC010050992019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 1796 OF 2019 IN S. C. SUIT NO. 7212 OF 2006 HIGH COURT SUIT NO. 3041 OF 2006 Smt. Taramatidevi wd/o ] Purshottamdas Mohta. ]..Plaintiffs. V/s. 1. Laxmi Asbestors Products ] Ltd. and others. ]..Defendants. Advocate Ms. Sonali Punekar for the plaintiff. Advocate Mr. S. Choudhari for defendant No.1. CORAM : HIS HONOUR JUDGE MR. VAIBHAV V. PATIL (C.R.NO.09)…

    Read Full Order

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