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SUIT - SHORT CAUSE CIVIL SUIT

Ruchika Swant nee Lynette Gonsalves +3 moreVsMr. Russi Ardeshir Jeejeebhoy +5 more

CNR MHCC01005343202066-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 07th January 2023

TrustJury record updated 30 Sept 2026

Case Overview

Registration Number
100555/2021
Registration Date
18 Feb 2021

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    10

    Acts & Sections

    2
    CODE OF CIVIL PROCEDURE · Sec Order 39
    Specific Relief Act · Sec 6

    Case History / Proceedings

    Case History
    Date: 09-03-2021
    Business: Court is on leave,hence board is discharged.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: By precipe
    Adv. Qureshi for plaintiff present.
    None for defendant.
    Adjd to .23.03.2021 for NM service.
    Next Purpose: SERVICE
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Qureshi for plaintiff present and tendered draft N/M along with affidavit. Leave  granted to register the N/M. Copy served to other side.
    Adv. Manik Kalyaniwala for defendant present and undertakes to file v.p. on next date.
    On oral request of Ld. Adv. for def. adjournment granted.
    Adjd to 23.04.2021 for written statement/NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: At 11.41 am
    Exh-3 Adv. Mr. Manek Kalyaniwalla filed vakalatnama on behalf of defendant No. 1 to 6. t.o.r. O- Read and recorded.
    Kb in afternoon session.
    L.O at 3.32 pm
    Adv. Nigel Quraishy I/b Adv. Kotak for plaintiff present.
    Adv. for plaintiff filed registered notice of motion No. 1111/21. t.o.r.
    Adv. for deft. present.
    Adjd for NM reply to 31/08/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: Adv. Nigel Quraishy For plaintiff present.
    Adv. Mr. J. K. Master for defendant No. 1 to 6 present and seeks time to file reply to Notice of motion.
    Adv. For defendant requested for adjournment to file reply to the notice of motion. Adv. For plaintiff strongly objected on the ground that defendant took time to inspect the documents and are thereby prolonging the proceeding of the suit by seeking adjournments.
    Adv. For defendant requested for adjournment after Ganapati Festival as the notice of motion and suit is of the year 2021.
    The interim relief is filed by deft in suit seeking certain reliefs. Ad-interim order is not granted to the plaintiff till date.
    The NM is filed by the plaintiff on 20.04.2021.
    Deft No. 1 to 6 filed vakalatnama on 09.08.2021 and has sought adjournment to file reply. Considering the nature of suit according to plaintiff they have urgency to proceed with the notice of motion hence time granted to the defendant No. 1 to 6 to file reply on next date failing which the Notice of motion will proceed without reply.
    Defendant may serve the copy of reply to the plaintiff in advance before filing it on the next date.
    Adjd for NM reply/NM hearing to 20/09/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-09-2021
    
    Date: 20-09-2021
    Business: Adv. Nigel Quraishy I/b Adv. Sonam Kotak For plaintiff present.
    Adv. Manek Kalyaniwalla For defendant present.
    Reply filed by adv. For defendant to Nm no. 1111/21. t.o.r.
    Written statement filed by defendant No. 1, 3 to 6. t.o.r for consideration.
    Adv. For defendant stated that he has served the copy of written statement and reply.
    Adjd for NM rejoinder if any/NM hearing to 07/10/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Adv. Mr. Nigel Quraishy h/f Adv. Kotak for plaintiff present and seeking time.
    Adv. Mr. Manek Kalyaniwalla for defendants 1,3 to 6 present.
    Adv. For defendant filed draft Notice of motion along with affidavit in support. O- Leave granted to register NM.
    Defendant to serve copy of said NM to the plaintiff.
    Adv. For deft stated that copy of draft NM is served to the adv. For plaintiff.
    Adjd for NM hearing/compliance of registration of NM filed by defendant/reply of plaintiff to the said NM  to 25/11/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. Nigel Quraishy for plaintiff present.
    Adv. Manek Kalyaniwalla For defendant No. 1,3 to 6 present.
    Adv for deft No. 1, 3 to 6 filed registered NM No. 2481/21. t.o.r.
    Adv. For plaintiff filed affidavit in reply to NM No. 2481/21. t.o.r.
    Adjd for NM hearing to 07/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: At 2.58 pm
    Adv. Nigel Quraishy For plaintiff present.
    Adv. Mr. Kalyaniwalla for deft NO. 1, 3 to 6 present.
    Adjd for hearing of notice of motion to 08-03-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2022
    
    Date: 08-03-2022
    Business: Adv. Nigel Quraishy for plaintiff present.
    Adv. Manek Kalyaniwalla for defendants 1, 3 to 6  present.
    Adv. Kalyaniwalla for defendants filed affidavit in rejoinder to NM No. 2481/21
    Adv. For defendant is seeking time.
    Adjd for NM hearing NO. 2481/21 to 13/04/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2022
    
    Date: 13-04-2022
    Business: Dt.13/04/2022
    Suit 555/21
    NM 2481/21
    NM 111/21
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv. Nigel Quraishy for plaintiff present.
    Adv. Manek Kalyaniwalla for defendant 1, 3 4 to 6 present.
    Adjd for NM hearing to 12/07/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. Nigel Qureshy for plaintiff present.
    Adv. Manek Kalyaniwalla  for defendant no. 1,3 and 6 present and submitted that defendant no. 2 expired before filing of his present suit.
    Considering submission of Adv. Manek, Adv. Nigel Qureshi did not opposed abated of the suit against defendant no. 2.  Hence, suit is abated against defendant no. 2.
    Matter is adjd.to 19-08-2022 for NM No.  2484/21 hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Sonam Kotak for plaintiff  present.
    None for defendants 1 and 3 to 6
    Matter is adjd.to 03-09-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2022
    
    Date: 03-09-2022
    Business: Holiday declared vide office order no. 178 of 2022 dt. 25.08.2022. Hence board stands discharged.
    Matter is adjd to 16/09/2022 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: Adv. N. A. Qureshi for plaintiff present.
    Adv. Manek Kalyaniwalla for defendant present.
    Matter is adjd.to 08-10-2022 for NM  No.  2481/21 Hrg. 1.00pm
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2022
    
    Date: 08-10-2022
    Business: Adv. N. A. Qureshi for plaintiff present.
    Adv. Manek Kalyaniwall for defendant.
    Partly heard Adv. Manek Kalyaniwall for defendant on NM No.2481/21.
    Matter is adjd.to 18-10-2022 for argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. N. A. Qureshi for plaintiff present and filed rejoinder in NM No.  1111/21 t.o.r.
    Adv. Manek Kalyaniwala for defendant no. 1,3 to 6 present and received copy of rejoinder in NM No.  1111/21.
    Heard Adv. Manek Kalyaniwala for defendant in part.
    Matter is adjd.to 15-11-2022 for Hrg in NM No.  2481/21 1.00pm.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: Adv. N. A. Qureshi for plaintiff present
    Adv. Manek Kalyaniwala for defendant no. 1,3 to 6 present
    Heard Adv. Manek Kalyaniwala for defendant in part.
    Matter is adjd.to 24-11-2022 for NM Hrg 1.00pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 24-11-2022
    
    Date: 24-11-2022
    Business: Adv. N. A. Qureshi for plaintiff present Adv.
    Adv. Manek Kalyaniwala for defendant no. 1,3 to 6 present
    Heard Adv. N. A. Qureshi for plaintiff.
    Matter is adjd.to 01-12-2022 for NM Hrg 1.00pm
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: Adv. N. A. Qureshi for plaintiff present.
    Adv. Manek Kalyaniwala for defendants no. 1,3 to 6 present and filed written submission t.o.r. marked as Exh.04.
    Received copy of Adv. Manek Kalyaniwala for defendants no. 1,3 to 6 of Exh.04.
    Heard both sides in NM No.2481/2021.
    Matter is adjd.to 15-12-202 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 15-12-2022
    
    Date: 15-12-2022
    Business: Adv. N. A. Qureshi for plaintiff present.
    Adv. Manek Kalyaniwala for defendants no. 1,3 to 6 no.  present.
    Court busy in order in NM No.4232/22 in suit no. 2438/22
    Matter is adjd.to 21-12-2022 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: Adv. N. A. Qureshi for plaintiff present.
    Adv. Manek Kalyaniwala  for defendants no. 1,3 to 6 present.
    Court busy in order in NM No. 1394/22 , NM No.  2551/21 and NM No.  2552/21 in suit no. 1099/20.
    Matter is adjd.to 07-01-2023 for NM Order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv. Dhananjay Deshmukh for plaintiff present
    Adv. Manek Kalyaniwalla for defendant present.
    F.R.S.R. following order is passed in NM No.  2481/21-
                                          ORDER
    1. Notice of Motion No. 2481/2021 is made absolute in terms of prayer clause (a).
    2. Suit no. 555/21 is rejected under Order 7 Rule 11 (a) of the C.P.C.
    3. Notice of Motion No. 1111/21 is disposed of having become infructuous due to rejection of the plaint.
    4. Proceeding of Suit no. 555/21 , NM No.  1111/21 and NM No.  2481/21 are closed.
    Nature Of Disposal: OTHER
    Disposal Date: 07-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105831/2020
    Filing Date: 27-11-2020
    First Hearing Date: 09th March 2021
    Decision Date: 07th January 2023
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    07 Jan 2023

    Order Details: Notice of Motion Pdf Text: N/m No. 2481/21 in S.C.Suit No. 555/21. 1 Order. MHCC010081322021 Presented on : 14-10-2021 Registered on : 14-10-2021 Decided on : 07-01-2023 Duration : 1 years, 2 months, 24 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2481 OF 2021 IN S. C. SUIT NO. 555 OF 2021 Ruchika Sawant nee Lynette Gonsalves ) and others )...Plaintiffs Versus Russi Ardeshir Jeejeebhoy and others )...Defendants CORAM : HIS HONOUR…

    Read Full Order

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