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NOTICE OF MOTION

Bipinchandra J. MehtaVsKantilal Narayandas Shah And Ors

CNR MHCC0100599220192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 16th March 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102150/2019
Registration Date
18 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-06-2019
    Business: Ex.B Adv. Ruturaj Bankar filed V/n for Plaintiff t.o.r.
    Adj for service to 20.08.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Ruturaj Bankar for Plaintiff present.
    Plaintiff is present.
    Deft and Adv absent.
    Registered NM No.2150/19 filed by Adv for  Plaintiff t.o.r.
    Adj for service report to 05.10.2019.
    Next Purpose: SERVICE
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Ruturaj Bankar for Plaintiff present.
    As court is busy in passing judgment.
    Adjd. to 15.11.2019  for service.
    Next Purpose: SERVICE
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: SERVICE
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Ruturaj Bankar for plaintiff present.
    Plaintiff is directed to take steps for service of NM.
    Adjourned to 7.01.2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: None present.
    Service report not filed.
    Adjourned for service report to 1.02.2020
    LO
    Adv. Ruturaj Bankar for plaintiff present.
    Already adjourned for service report to 1.02.2020
    Next Purpose: SERVICE
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv Ruturaj Bankar for plff present.
    Matter stands Adj for service to 02/03/2020.
    Next Purpose: SERVICE
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv Ruturaj Bankar for plff present.
    He seeks time to file affidavit of service.  Granted.
    Matter stands Adj for affidavit of service to 31/03/2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 31-03-2020
    
    Date: 31-03-2020
    Business: adjourned
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: National Lockdown
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present.
    Matter stands Adj for Affidavit of Service to 01/02/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None present.
    Matter stands Adj for Affidavit of Service to 22/02/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Plff and his Adv absent.
    Since this is the second date after the lock down.
    Last chance is granted to the plff for service of notice of motion on the deft.
    Matter stands Adj for NM Service to 25/03/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: P. O. is on Leave.
    Next Purpose: SERVICE
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Business: Due to covid matter is adjd.
    Next Purpose: SERVICE
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: SERVICE
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: None for plff.
    Matter stands Adj to 13/10/2021 for Affidavit of NM Service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: None for plff.
    Matter stands Adj for Affidavit of Service of NM to 13/12/2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: None for plff.  NM is filed by the plff for restoration of the suit in the year 2019 but plff failed to file affidavit of service of NM on defts.  Hence last chance is granted to the plff for filing affidavit of service of NM, in default for dismissal of NM.
    Matter stands Adj for Affidavit of service of NM, in default for dismissal of NM to 02/02/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 02-02-2022
    
    Date: 02-02-2022
    Business: P.O. is on leave.  Matter is adjd to
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: None for plaintiff.
    Plaintiff filed NM No.2150/19 for restoration of suit.  It is pending since 2019 for affidavit of service of NM.  Today cases fixed for dismissal order for want of affidavit of service by the plaintiff on defendant.  Today also none for plaintiff when called out at 3.15 p.m. It seems that plaintiff is not interested in proceeding with the NM.
    Hence NM No.2150/2019 is dismissing default for want of service.   Record and proceeding of the case be send back to the record department.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 16-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 106495/2019
    Filing Date: 18-06-2019
    First Hearing Date: 27th June 2019
    Decision Date: 16th March 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    16 Mar 2022
    Order Details: Other
    Pdf Text: 16.03.2022
    22
    CORAM : HIS HONOUR JUDGE SHRI. S. T. SOOR
    (C. R. No. 2)
    SU 8546/1994
    (Dispossed Off.)
    NM 2150/2019
    ****
    None for plaintiff.
    Plaintiff filed NM No.2150/19 for restoration of suit. It is
    pending since 2019 for affidavit of service of NM. Today
    cases fixed for dismissal order for want of affidavit of service
    by the plaintiff on defendant. Today also none for plaintiff
    when called out at 3.15 p.m. It seems that plaintiff is not
    interested in proceeding with the NM.
    Hence NM No.2150/2019 is dismissing default for want
    of service. Record and proceeding of the case be send
    back to the record department.
    Judge
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