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NOTICE OF MOTION

Canara BankVsMs. Shivani Pravin Shah +2 more

CNR MHCC01005336201981-COURT 81 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th April 2024

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101925/2019
Registration Date
30 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-07-2019
    Business: As the court is on leave
    Board is discharged and the
    matter stands adjd. To  27.08.2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-08-2019
    
    Date: 27-08-2019
    Business: Both parties are absent.
    Matter adjd for filing original NM to 15.10.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Adv.Mrs.Vasima Kazi for plaintiff present, she tendered original NM No- 1925/19
    None for defendant present.
    Matter adj for service to 16.11.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Next Purpose: SERVICE
    Next Hearing Date: 10-02-2020
    
    Date: 10-02-2020
    Business: Adv Fatima Lakdawala for plaintiff present.
    Adv for defendant absent.
    NM is not served yet. Hence, plaintiff to serve NM on defendant by RPAD or through bailiff as orally prayed for.
    Matter adjourned for service of notice of NM to 17.03.2020 at 2.45 pm.
    Next Purpose: SERVICE
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Hence matter is adjd to 04.05.2020 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 04-05-2020
    
    Date: 04-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 26-05-2020
    
    Date: 26-05-2020
    Business: Due to Covid-19 lockdown
    Next Purpose: SERVICE
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Business: Duo to Covid-19 Lockdawn
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Due to Covid-19 pandemic none appeared.
    Next Purpose: SERVICE
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Court is on Leave.
    Matter is adjd to 25.02.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 21.04.2021 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: Due to Covid-19 pandemic.
    Matter is adjd to 14/07/2021 for Service
    Next Purpose: SERVICE
    Next Hearing Date: 14-07-2021
    
    Date: 14-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 23.09.2021 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Court is vacant
    Next Purpose: SERVICE
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: None present.
    Matter is adjd for Service to 17.02.2022.
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv Noman Farooque Shaikh for plaintiff present.
    Court is busy in judgment dictating in Sum Suit Nos. 387 of 2020, 363 of 2020, 567 of 2020, 62 of 2021, 109 of 2021, 1019 of 2021. Hence board is discharged.
    Matter is adjd for service on 26-04-2022
    Next Purpose: SERVICE
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: PO is on training.  Matter adj. to
    Next Purpose: SERVICE
    Next Hearing Date: 11-07-2022
    
    Date: 11-07-2022
    Business: Adv. Mr. Shaikh for Plaintiff present and filed Affidavit of Service of NM No. 1925/2019.
    As court busy is dictating Order in S. C. Suit No. 1134/2021.  Hence, board is discharged.
    Matter adjourned to 12/08/2022 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Shaikh Tausif h/f. Adv. Fatima Lakdwala for Plaintiff present and seeks time to serve the NM on other side.  Time granted.
    None for Defendant.
    Matter adjourned to 20.10.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Adv.Vasima Kazi h/f Adv.Fatima Lakdawala for plaintiff present.
    Kept back.
    Later on at 4.42pm
    Adv.Vasima Kazi h/f Adv.Fatima Lakdawala for plaintiff present.  Adv. for plaintiff filed application for issuance notice of N/M No.1925/19 through Bailiff.  (Exh-5)
    Order- Application allowed issue notice through Bailiff, returnable on 21/12/2022.
    Matter is adj to 21/12/2022 for service report of N/M.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-12-2022
    
    Date: 21-12-2022
    Business: Adv. Vasima Kazi h/f Adv. Fatima for plaintiff present.
    K.B
    None for defendant.
    LO 4.54 PM
    Adv. For plaintiff file application seeking original NM for the purpose of service of NM on defendant.
    In view of the submissions original NM No 1925 of 2019is handed over to Ld advocate for plaintiff for the purpose of service.
    Matter is adj to 21-02-2023 for NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv.Vasima Kazi h/f Adv.Fatima Lakdawala for plaintiff present.   She filed application (Exh-7) for seeking service of N/M on defendants through Bailiff.
    Order-Application allowed, plaintiff to serve N/M through the Bailiff.
    Matter is adj to 18/04/2023 for report of service of N/M.
    Next Purpose: SERVICE
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: PO IS ON LEAVE (SECOND SESSION)
    Matter is adj to 06/07/2023 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Court is on leave.
    Next Purpose: SERVICE
    Next Hearing Date: 06-09-2023
    
    Date: 06-09-2023
    Business: P.O. IS ON LEAVE
    Next Purpose: SERVICE
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    The plaintiff and his advocate are absent.
    The plaintiff has not filed affidavit of service of NM and even not tendered original NM.
    The plaintiff is directed to tender registered NM No.1925/19 by the next date. Failure to comply this direction, the suit shall be dismissed.
    Matter is adj to 04.11.2023 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-11-2023
    
    Date: 04-11-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Plaintiff and its advocate are absent.
    The plaintiff failed to comply the direction given by the order dated 25.10.2023. Hence, adjourned for dismissal order.
    Matter is adj to 02-12-2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-12-2023
    
    Date: 02-12-2023
    Business: CORAM - H.H.J.  SHRI. K. P. SHRIKHANDE - (C.R.NO.61)
    Court is busy in recording evidence in departmental enquiry No.150/23. Hence, remaining  morning and afternoon board is discharged.
    Parties are at liberty to tender affidavits, reply, applications, etc. if any.
    Matter is adj to 06-01-2024 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    Matter is adj to 03.02.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    The plaintiff and his advocate are absent.
    The matter is old. The plaintiff has not taken the steps.
    Matter is adj to 02.03.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-03-2024
    
    Date: 02-03-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Adv. Bushra Shaikh i/b Adv. Fatima Lakdawala for plaintiff is present and requested for adjournment.
    The matter is fixed for dismissal order since 04.11.2023. Though, the counsel for the plaintiff is present has not taken any positive steps. However, considering the request for adjournment, matter is adjourned, subject to costs of Rs.2,000/- to be paid to DLSA within 15 days.
    Matter is adj to 20.04.2024 for dismissal order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 20-04-2024
    
    Date: 20-04-2024
    Business: CORAM - H.H.J.  SHRI. SANGRAM S. SHINDE - (C.R.NO.81)
    Both parties and their advocate are absent.
    Keep back.
    Later on at 1.51 pm
    Adv. Heena Maniyar for plaintiff is present.
    Order below Exh-1
    Matter is very old. On perusing roznama, it appears that matter was pending for service of notice of notice of motion No.1925/2019. Even, plaintiff has not tendered registered notice of motion. Therefore, matter was fixed for dismissal order since 02.12.2023. On 02.03.2024, matter was adjourned on the request of the plaintiff to take the steps subject to costs of Rs.2,000/-. The plaintiff has not paid the costs. Today, counsel for the plaintiff was present and sought oral adjournment. However, he has not submitted whether he is going to comply the order of costs nor any written application is filed to seek adjournment. Thus, it appears that the plaintiff is not interested in conducting the matter. Hence, no purpose would serve by keeping the matter pending. Hence, matter needs to be dismissed for want of prosecution. Hence, I proceed to pass following order:-
    Order
        1. Suit No.631 of 2015 is dismissed for default.
        2. Pending Notice of motion No.1925 of 2019 is disposed of, as suit is dismissed.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 20-04-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 105804/2019
    Filing Date: 30-05-2019
    First Hearing Date: 15th July 2019
    Decision Date: 20th April 2024
    Court Number And Judge: 81-COURT 81 ADDL. SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Apr 2024

    Order Details: Notice of Motion Pdf Text: 40 20/04/2024 SUM 631/15 @ NM 1925/19 CORAM - H.H.J. SHRI. SANGRAM S. SHINDE - (C.R.NO.81) Both parties and their advocate are absent. Keep back. Later on at 1.51 pm Adv. Heena Maniyar for plaintiff is present. Order below Exh-1 Matter is very old. On perusing roznama, it appears that matter was pending for service of notice of notice of motion No.1925/2019. Even, plaintiff has not tendered registered notice of motion. Therefore, matter…

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