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NOTICE OF MOTION

Ms Samir Metal SyndicateVsMs Centura Wath Cases Pvt Ltd

CNR MHCC01005285201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th August 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101901/2019
Registration Date
27 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: 22-07-2019
    Business: Adv. Mourya Present for the Plff.
    None present for the deft.
    Learned counsel for plff filed registered NM 1901/19 alongwith affidavit. t.o.r. time is granted to filing service affidavit.
    Adj to 03/08/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-08-2019
    
    Date: 03-08-2019
    Business: Adv. Mourya for plaintiff present.
    Adv. Shetty h/f Adv. Singh for defendant present.
    Matter adjd for reply / argument on NM on 26/08/2019.
    Next Purpose: REPLY
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: None present for plaintiff and defendant.
    Matter already adjd for reply on 23/09/2019.
    Next Purpose: REPLY
    Next Hearing Date: 23-09-2019
    
    Date: 05-11-2019
    Business: Adv. Mourya for plaintiff present.
    None present for defendant.
    Matter adjd for NM reply on 17/12/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Maurya Present for the Plff.
    Adv. Singh Present for the Deft.
    On the oral request of the Ld counsel for the deft matter is adjourned.
    Matter is adj for NM reply on 29/01/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2020
    
    Date: 17-12-2019
    Business: Adv. Maurya Present for the Plff.
    Adv. Singh Present for the Deft.
    On the oral request of the Ld counsel for the deft matter is adjourned.
    Matter is adj for NM reply on 29/01/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2020
    
    Date: 29-01-2020
    Business: Adv. Mourya for plaintiff present.
    Adv. Singh for defendants No. 1 to 4 present.
    Adv. for deft filed reply to the NM No.1901/19. TOR.
    O-read and recorded.
    Matter adjd for NM Hearing on 29/02/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2020
    
    Date: 29-02-2020
    Business: Adv. Maurya for plaintiff present.
    None Present for the Deft.
    Adv for plff seeks time to file rejoinder. Time granted till next date.
    Matter adjd for filing rejoinder and NM hearing on  03/04/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Nobody present.
    Adjd for NM hearing to 07/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2021
    
    Date: 07-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 07-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: Due to COVID-19 matter adj. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Adv. S. R. Maurya for plaintiff present.
    NM 1901/19	Adv. Singh for defendant present.
    	Matter adj to 18/08/2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 18-08-2021
    
    Date: 17-08-2021
    Business: Adv. S. R. Maurya for plaintiff present.
    NM 1901/19	Adv. Singh for defendant present.
    	Matter adj to 18/08/2021 for order.
    Next Purpose: ORDER
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Plaintiff with Adv. Mr. S. R. Mourya for Plaintiff present.
    Adv. Mr. Y. S. Singh for Defendants present.
    Heard both on NM.
    The prayer is to set aside the Order dated 19/03/2019 of placing the matter for dismissal because of absence of Plaintiff.  Perused the record. The record goes to show that the Plaintiff was not showing interest in prosecuting the suit.  Therefore, instead of dismissing the suit, an opportunity was given to the Plaintiff to lead the evidence by keeping the suit under the caption of dismissal order.  But thereafter also instead of leading the evidence, the present NM has been filed.  It goes to show that Plaintiff is not indeed interested in seeking any relief in the suit.  But today, as the partner of Plaintiff appeared and filed the Affidavit of Evidence, it is just to accept the same.  But since the Defendants suffered due to the inaction of plaintiff, the same is accepted subject to costs of Rs. 5,000/- payable to other side.  Accordingly, the NM No. 1901/19 is disposed off. Costs paid by the Plaintiff to other side.
    Exh. 8Plaintiff filed affidavit of Evidence of PW-1 Bheruchand Shah.
    Exh. 9List of documents. O-Defendants to admit of deny the documents.
    Matter adj. to 20/09/2021 for Admission/Denial of Documents.
    Nature Of Disposal: ALLOWED
    Disposal Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Plaintiff with Adv. Mr. S. R. Mourya for Plaintiff present.
    Adv. Mr. Y. S. Singh for Defendants present.
    Heard both on NM.
    The prayer is to set aside the Order dated 19/03/2019 of placing the matter for dismissal because of absence of Plaintiff.  Perused the record. The record goes to show that the Plaintiff was not showing interest in prosecuting the suit.  Therefore, instead of dismissing the suit, an opportunity was given to the Plaintiff to lead the evidence by keeping the suit under the caption of dismissal order.  But thereafter also instead of leading the evidence, the present NM has been filed.  It goes to show that Plaintiff is not indeed interested in seeking any relief in the suit.  But today, as the partner of Plaintiff appeared and filed the Affidavit of Evidence, it is just to accept the same.  But since the Defendants suffered due to the inaction of plaintiff, the same is accepted subject to costs of Rs. 5,000/- payable to other side.  Accordingly, the NM No. 1901/19 is disposed off. Costs paid by the Plaintiff to other side.
    Exh. 8Plaintiff filed affidavit of Evidence of PW-1 Bheruchand Shah.
    Exh. 9List of documents. O-Defendants to admit of deny the documents.
    Matter adj. to 20/09/2021 for Admission/Denial of Documents.
    Nature Of Disposal: ALLOWED
    Disposal Date: 18-08-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105751/2019
    Filing Date: 27-05-2019
    First Hearing Date: 22nd July 2019
    Decision Date: 18th August 2021
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Aug 2021

    Order Details: Notice of Motion Pdf Text: Daily Status IN THE COURT OF :Court 59 ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0101901/2019 Ms Samir Metal Syndicate Vs Ms Centura Wath Cases Pvt Ltd Date : 18-08-2021 Business : Plaintiff with Adv. Mr. S. R. Mourya for Plaintiff present. Adv. Mr. Y. S. Singh for Defendants present. Heard both on NM. The prayer is to set aside the Order dated 19/03/2019 of placing the matter for dismissal because of absence…

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