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NOTICE OF MOTION

Padham Steel Enterprises Pvt LtdVsAnkush Patil And Anr

CNR MHCC01005118201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 28th August 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101806/2019
Registration Date
21 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: 07-08-2019
Business: P.O. is on training
Adjd to 14/10/19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Pooja Rathod for plaintiff present.
Adv. Anju Singh for deft. Present.
Registered nm 1806/19 @ affidavit filed by adv. for deft.
Reply to nm filed by plaintiff. t.o.r.
Copy supplied to OS.
Adjd. for nm hearing to 26.11.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-11-2019

Date: 26-11-2019
Business: Adv. Ms. Pooja Rathod persent for the plff.
Adv. B. K. Bali persent for Deft. no.1.
Adv for Deft no.1 rejoinder to NM 1806/19. t.o.r. Copy served to other side.
Adj. For Hearing on 10/01/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Ankita pathare for plaintiff.
Adv . Anju singh for defendant present.
The defendant requested for adjournment. Granted as last chance.
Adjd to 28.01.2020 for NM Hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2020

Date: 28-01-2020
Business: Adv. Pooja Rathod for plaintiff.
Adv. B.K.Bali for defendant No.1
Heard arguments of both the sides on NM.
Adjd for order on NM to 12-02-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Pathare for plaintiff
Adv. Mousim khan for defendant No.1 and 2
ORDER
This court has heard the arguments on the Notice of Motion 1806/19. The request made by said notice of motion is for return of plaint under Order 7 Rule 10 of CPC on the ground of lack of jurisdiction in this court. It should be noted that summons for judgment has already been filed. so also reply to the Summons for Judgment has already been filed. The pleadings are complete. Considering the nature of the notice of motion and the complexity of the facts, it is just and proper to consider the Notice of Motion at the hearing and disposal of Summons for Judgment. Hence, the Notice of Motion be kept for order at the stage of order of Summons for Judgment.
The matter be fixed for hearing of SJ.
Adjd for SJ Hearing to 03-03-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Pooja Rathod for plaintiff.
Adv. Khan for defendant No.1 and 2.
Adjd on the request of defendant for SJ Hearing to 15-06-2020
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-09-2020

Date: 14-09-2020
Business: None present. Due to Covid 19 matter adjd. to 24/11/2020.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv. Ankita pathare for plaintiff
Adv. Anju singh for defendant
On the request of defendant adjd as last chance for Hearing/arguments of Notice of Motion and Summons for judgment.
Adjd for arguments to 06-04-2021
Next Purpose: ARGUMENTS
Next Hearing Date: 06-04-2021

Date: 06-04-2021
Business: As per office order 64/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-06-2021

Date: 30-06-2021
Business: Both parties and their advocates are absent when called out.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 10.08.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2021

Date: 10-08-2021
Business: Adv. Sonal Deulkar for plaintiff present.
None present for defendants.
KB at 11.23 a.m.
Later-on at 11.50 p.m.
None present for defendants.
Heard adv. Sonal Deulkar for the plaintiff on N/M No.1806/19.
As N/M and S/J are pending since long, the defendants are directed to advance argument on the next date of hearing failing which N/M and S/J will be decided with the help of material on record.
Matter is adjd.to 23.08.2021 for hearing on N/M No.1806/19 and S/J No.323/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Next Purpose: NM  ORDERS
Next Hearing Date: 28-08-2021

Date: 28-08-2021
Business: Adv. Sonal Deulkar for plaintiff present.
Adv. B. K. Bali  for defendant present.
F.R.S.R. following order is passed :
                                     ORDER
1. Notice of Motion No. 1806/2019 is allowed in terms of prayer clause (a) and (b).
2. The plaint in Commercial Suit No. 737/2021 be returned to the plaintiff for presentation to the competent Court within Nashik jurisdiction under Order VII Rule 10 of the CPC.
3. As the plaint is going to be returned, Summons for Judgment No. 323/2018 is disposed off.
4. N/m No. 1806/19 is disposed off.
Nature Of Disposal: ALLOWED
Disposal Date: 28-08-2021

Additional Case Details

Additional Case Details
Filing Number: 105061/2019
Filing Date: 21-05-2019
First Hearing Date: 07th August 2019
Decision Date: 28th August 2021
Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
28 Aug 2021

Order Details: Notice of Motion Pdf Text: N/m No. 1806/19 in Comm. Suit No. 737/21. 1 Order. MHCC010051182019 Presented on : 21-05-2019 Registered on : 21-05-2019 Decided on : 28-08-2021 Duration : 2 years, 3 months, 7 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1806 OF 2019 IN COMMERCIAL SUIT NO. 737 OF 2021 Padham Steel Enterprises Pvt. Ltd. ...Plaintiff Versus Ankuksh Patil and Another ...Defendants CORAM : HIS HONOUR JUDGE SHRI R.R.BHAGWAT. (C.R.NO.31).…

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