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NOTICE OF MOTION

The Board of Trustees of the Port Of Bombay - Suit No. 8621 of 1992VsSahayadri Enterprise And Ors.

CNR MHCC01005774201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd August 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102078/2019
Registration Date
13 Jun 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: 15-07-2019
    Business: Court is on Leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-08-2019
    
    Date: 13-08-2019
    Business: Court is on Judicial Training.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Ms. Murnmai Kotapalliwar for plaintiff present.
    None for defendant present.
    Register NM no. 2078/19 tendered by plff. already EA adjd on 24.10.2019.
    Matter is adjd. for Notice of Motion on 24.10.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-10-2019
    
    Date: 24-10-2019
    Business: Adv. Ms. Mrunmayi Kotpalliwar for plaintiff, prayed for adjd.
    None for defendant present.
    Matter is adjd. for Notice of Motion on 09.01.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-02-2020
    
    Date: 15-02-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. Bhagyashri Kamat for plaintiff/decree holder is present.
    None present for the defendant/Judgment Debtor.
    Adv for plff/decree holder submits that reply is not filed to the NM. She further submits earlier the NM is in another court and Execution application is pending before this court, therefore by mistake reply is not filed. Hence time granted till next date to file reply.
    Matter adjd for filing reply to NM No.2078/19 on 25/01/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Vimal Khandare for DH present.
    Adv. for DH filed reply to notice of motion No. 1161/17. t.or.
    Adjd for NM hearing to 03/04/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-06-2021
    
    Date: 11-06-2021
    Business: None present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: EA 478/15  	Adv. Vimal Khandare present for Plaintiff/DH.
    NM 2078/19	None present for Defendant.
    NM 1161/17	Perused the record. The reply tendered along with NM No.2078/19 of plff to NM No.1161/17 is not yet accepted by the court because the NM 2078/19 is still awaiting the decision. Since last many months rather years, the defendant has not filed reply to NM          No.2078/19. Hence no reply of deft to NM No.2078/19.
    	Matter adj. for hearing of NM 2078/19 on 06/10/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-12-2021
    
    Date: 23-12-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: COURT IS VACANT
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Nishika Shetty for plaintiff /DH present.
    Adjd on 12/07/2022 for Hrg of Notice of Motion No. 2078/19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Matter called out at 3.12 pm
    Adv Hrishikesh Guhagarkar a/w Radha Bhandari I/b MV Kini and Co. for plff present
    None for Defendant
    Parties are to proceed with their respective NM on next date.
    Matter is adjd on 23.08.2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Matter called out at 2.58 pm
    Adv Radha Bhandari for plff DH present
    None  for Defendant JD
    The record shows that since 2018, defendants or their advocate are not attending the matter.  Defendant have not filed reply to Notice of Motion 2078/2019 taken out by plaintiff DH.  Heard adv for plaintiff DH on NM 2078/19.  Perused Notice of Motion and supporting affidavit.  Notice of Motion is taken out to set aside and recall order dated 04.01.2018.  Vide the said order the request of the plaintiff for time to time reply to NM 1161/17 is rejected and the said Notice of Motion is proceeded without reply.  The said Notice of Motion is filed by the defendant to set aside exparte decree.  Therefore, opportunity deserves to be given to the plaintiff to contest the Notice of Motion by filing reply.  The plaintiff has already tendered affidavit in reply a/w this Notice of Motion and the same can be t.o.r and the Notice of Motion No. 1161/17 can be decided on merit.  As defendants have not contested Notice of Motion 2078/2019 by filing reply, for just decision of Notice of Motion 1161/17,
    Notice of Motion No. 2078/19 is made absolute in terms of prayer clause (a) and (b) and is accordingly disposed off.
    Affidavit in reply tendered by the plaintiff dated 11.06.2019 is t.o.r
    Parties to argue on Notice of Motion 1161/2017.
    Matter is adjd on 17.09.2022 for NM Argument
    Nature Of Disposal: ALLOWED
    Disposal Date: 23-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106259/2019
    Filing Date: 13-06-2019
    First Hearing Date: 15th July 2019
    Decision Date: 23rd August 2022
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Aug 2022

    Order Details: Notice of Motion Pdf Text: Notice of Motion NO. 2078 of 2019 Matter called out at 2.58 pm Adv Radha Bhandari for plff DH present None for Defendant JD The record shows that since 2018, defendants or their advocate are not attending the matter. Defendant have not filed reply to Notice of Motion 2078/2019 taken out by plaintiff DH. Heard adv for plaintiff DH on NM 2078/19. Perused Notice of Motion and supporting affidavit. Notice of Motion is…

    Read Full Order

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