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NOTICE OF MOTION

Bharat MehtaVsMCGM 2 Mr. Paresh Pithadia 3 Mr. Harshad Makhwana4 Mrs. Deepika Tejpal Shah And Ors

CNR MHCC0100586420194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th June 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102114/2019
Registration Date
14 Jun 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 21-06-2019
Business: None for plaintiff.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present.
None for def. no. 4.
On oral request of ld adv for def., adjournment granted.
Adjd to 20.08.2019 for NM reply of def. no. 1 to 3.
L.O. at 3.30 p.m. Adv. Shikre for defendant no. 4 present and tendered original NM No. 2114/19 with affidavit.
Adv. Sameer Tendulkar for plaintiff present.
Adjd to 04.07.2019 for NM reply of def. no. 1 to 3.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-07-2019

Date: 04-07-2019
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Sigarala for def. no. 4 present.
Adv. Ms. Patil for MCGM/Defendant 1 to 3 present.
On oral request of ld adv for def. 1 to 3, adjournment granted.
Adjd to 22.08.2019 for reply to NM No. 1085/19 by def. no. 1 to 3 and reply of plaintiff to NM No. 2114/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: As P.O. is on training at Uttan, matter is adjd. till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Business: Adv.Gupte h/f adv. Tendulkar for plaintiff present.
Adv. Patil for defendant No. 1 to 3 present.
Adv. Sigarala for Defendant No.4 is present.
On oral request of plaintiff and Defendant NO.1,time is granted.
Adjd to 05.03.2020 for filing reply NM 2114/19 by plaintiff as a last chance and for filing reply to NM 1085/19 by Defendant NO. 1 to 3 as a last chance.
Next Purpose: REPLY
Next Hearing Date: 05-03-2020

Date: 05-03-2020
Business: APP Priya Tendulkar for State present.
Accused on bail present.
Adv.O.P.Yadav for accused present and tendered application setting aside no cross order subject to payment of order to Rs.500/- to PW-1. it is marked at Exh-28.    Copy of application is served to Ld.APP.
WPN-03944 (Kokane)attached to Mulund  P/stn present.
Ld.APP has given say on Exh-28.
Heard both side.
Order on Exh-28-
Perused application and say.  Heard both sides. The application is allowed subject to cost of Rs.500/- at legal Aid department.
KB
Adv.Suresh Dubey for accused present.
Witness- Sanap Manish Motiram. Food and safety Officer present.
Matter adjd to 28.03.2020 for cross-examination of PW-1.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 28-03-2020

Date: 28-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Adjd to
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-09-2020

Date: 30-09-2020
Business: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft no. 1 to 3/MCGM present.
None for deft no.4.
Matter adjd to 16/02/2021 for filing reply to NM No.2114/19 by plaintiff as a last chance/ for filing reply to NM No. 1085/19 as a last chance.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-02-2021

Date: 16-02-2021
Business: Matter adjd to  22/04/2021 for Hearing on NM No.2114/19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 22-04-2021

Date: 22-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: HHJ is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-10-2021

Date: 14-10-2021
Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
Adjd. To 09/12/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2021

Date: 09-12-2021
Business: Adv. Gupte h.f. Adv. Tendulkar for Plaintiff present and requests for time to argue on NM. Time is granted till next date.
Adv Mrs Rawade for defendant nos. 1 to 3/ MCGM present.
Adv. Sigarala for Defendant No.4 present.
Matter is adjd to 17/02/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: HHJ is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Adv Dinesh Shinde h/f Adv Sameer Tendulkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM is present.
None for defendant no.4.
K.B.
L.O. at 3.30 p.m.
Adv Dinesh Shinde h/f Adv Sameer Tendulkar for plaintiff present.
Adv Mrs Rawade for defendant nos.1 to 3/ MCGM is present and requests for time to file reply to NM No.1085/2019. Time is granted till next date.
Adv Seegarla for defendant no.4 present.
Adv for plaintiff is served NM reply to advocate for defendant no.4.
Reply of plaintiff is served on defendant no.4.
Adjd. To 09/06/2022 for hearing on NM NO.2114/2019/ filing reply to NM NO.1085/2019 by defendant nos. 1 to 3/ MCGM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: Adv. Gupte h/f Adv. Tendulkar for plaintiff present.
Adv. Mrs. Rawade for defendant No. 1 to 3/ MCGM is present.
Adv. Seggarala for deft. No. 4 present.
Heard both sides on N/M No. 2114/2019.
K.B. for order on N/M No. 2114/2019.
L.O.
Following order is passed on N/M No. 2114/2019-
O R D E R
1.     Defendant No. 4 has taken on Notice of Motion for setting aside no W/S order dated 24/04/2019. It is contended that defendant No. 4 appeared and contested N/M No. 1085/2019 and advocate was preparing to file caveat. The advocate was busy in other matter and not aware about the next date i.e 24/04/2019. It is further contended that the defendant has good defense and if the no W/S order is not set aside he will harm and injury. Therefore, no W/S order may kindly be set aside.
2.     Plaintiff opposed application contending that motion is taken after delay. Defendant No. 4 has concealed facts for delay. The defendant not mentioned how much delay has there and delay is not explained.
3.     Perused N/M, reply and record. Heard counsel for the parties.
4.     It is matter of record that defendant No. 4 contested the N/M for ad-interim injunction. It is the contention of the defendant that his advocate was preoccupied the other matters and skipped the date. It is well settled that no party should be denied opportunity to participate in the process of administration of justice. Therefore, in order to decide controversy between party on merit, it will be just and proper to set aside no W/S order. Hence I pass following order-
Following order is passed-
O R D E R
1.     No W/S order dated 24/04/2019 is hereby set aside.
2.      W/S of defendant No. 4 be taken on record.
3.      N/M No. 2114/2019 stands disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 09-06-2022

Additional Case Details

Additional Case Details
Filing Number: 106355/2019
Filing Date: 14-06-2019
First Hearing Date: 21st June 2019
Decision Date: 09th June 2022
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1Full order available
09 Jun 2022

Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102114/2019 Bharat Mehta Vs 1.MCGM 2 Mr. Paresh Pithadia 3 Mr. Harshad Makhwana4 Mrs. Deepika Tejpal Shah And Ors Date : 09-06-2022 Business : Adv. Gupte h/f Adv. Tendulkar for plaintiff present. Adv. Mrs. Rawade for defendant No. 1 to 3/ MCGM is present. Adv. Seggarala for deft. No. 4 present. Heard both sides on N/M No. 2114/2019. K.B.…

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