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NOTICE OF MOTION

Rakesh B. BajajVsSudesh K. And Anr

CNR MHCC01005339201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 02nd September 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101927/2019
Registration Date
30 May 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Rakesh B. Bajaj

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-08-2019
    Business: Adv. Deepak Yadav for plaintiff present.
    As court is busy in dictating Judgment of Suit No. 2593/11 this matter is Adjourned.
    Adj to 26/09/2019 for Notice of Motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv.Rakesh Bajaj for plaintiff /applicant present.
    Matter adjd.for tendering registered N/m and affidavit of service on 19.11.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-11-2019
    
    Date: 19-11-2019
    Business: PO is on leave. Hence adjourned on next date.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: HHJ IS ON TRANING AT UTTAN
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Deepak Yadav for plaintiff present.
    Adv. Parmar for defendant present.
    Adv. for plff filed application for reconstruction of NM No.1927/19. Copy served to otherside in the court today. t.o.r marked as Exh.02
    Matter adjd for Reply on Exh.02 on 04/02/2020 at 02.45 pm.
    Next Purpose: REPLY
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Next Purpose: REPLY
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Adv. Dipak Yadav for plaintiff present.
    Adv. Devang Parmar for defendant no.1 present.
    Ld Adv for defendant no.1 filed reply t.o.r. O- R and R.
    Copy of reply is given to plaintiff advocate today in the court.
    By consent matter adjd for hearing on Ex.02 to 10-06-2020 at 2.45 pm.
    Next Purpose: HEARING
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 14-07-2020
    
    Date: 14-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 15-01-2021
    
    Date: 15-01-2021
    Business: Nobody present.
    Adjd for NM hearing to 23/03/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Mayuresh Lagu for plaintiff present.
    None for defendant.
    The suit has come for hearing for the first time after the court started function regularly from 01.02.2021 therefore direction is given to defendant to argue notice of motion on next date failing which the NM will be heard and decided without argument of defendant.
    Adjd for NM hearing to 22/06/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2021
    
    Date: 23-08-2021
    Business: NM 1927/19 	Adv. Mr. Girish Paryani for Plaintiff present.
    In SU 5354/07	None present for Defendant.
    (D/Off)	Heard the Ld. Advocate for Plaintiff on NM.
    	Due to absence of Defendant, today the NM may be decided.  But to meet the ends of justice, the advocate for Plaintiff is asked to serve the advocate for Defendant with a private notice informing the next date of hearing of NM.  Despite such service of private notice if the Defendant doesn\''t turn up, the NM may be disposed off.
    	Matter adj. to 31/08/2021 for further Hearing/Order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Both the advocates absent.
    In SU 5354/07	Adv. Mr. Devang h/f for Defendant informed that reply to NM be
    (D/Off)	considered as arguments.
    	It is informed that advocate for Plaintiff is unable to appear.
    	Matter adj. to 02/09/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: NM 1927/19 	Adv. for Plaintiff present.
    In SU 5354/07	Adv. Mr. Devang Parmar for Defendant present.
    (D/Off)	F.R.S.R. following Order is passed :-
    			ORDER
    	1.	NM Nos. 1927/2019 is allowed subject to payment of costs of Rs. 3,000/- to Defendant Nos. 1 and 2, i.e. Rs. 1,500/- each within 7 days from today.
    	2.	The order to dismiss the suit dated 16/03/2019 is set aside.
    	3.	On deposit of costs suit No. 5354/2007 be restored to its original number.
    	4.	Both the parties to appear in the suit No. 5354/2007 on 05/10/2021 at 11.00 a.m., without expecting any fresh service of notice on them.
    	5.	Accordingly, the notice is motion is disposed off.
    	Matter adj. to 05/10/2021 for Directions.
    Nature Of Disposal: ALLOWED
    Disposal Date: 02-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105800/2019
    Filing Date: 30-05-2019
    First Hearing Date: 06th August 2019
    Decision Date: 02nd September 2021
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    02 Sept 2021

    Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.1927 OF 2019 IN SUIT NO. 5354 OF 2007 Rakesh B. Bajaj ...Plaintiff Versus Sudesh Khaneja & Anr. ..Defendants Appearance: Advocate Mr. Girish Paryani for the Plaintiff. Advocate Mr. Devang Parmar for the Defendant. CORAM: H.S. SATBHAI, JUDGE, (C.R.NO. 59) DATE : 2nd September, 2021 ORDER This notice of motion has been taken out by the plaintiff to set aside the order…

    Read Full Order

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