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NOTICE OF MOTION

Mrs. Poonam W.o. Manish KoyariVsMulund Salpadevipada Saikrupa CHS Ltd. +2 more

CNR MHCC0100603620193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED IN DEFAULT
Decision Date: 28th April 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102172/2019
Registration Date
19 Jun 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-08-2019
    Business: Adv. Surbhi for plaintiff present and filed original NM no. 2172/19 along with affidavit.
    Adv. Hasan Khan for defendant no. 1 and 2 present.
    Adv. Chhatre for defendant no. 3 and 4 present and filed reply to Nm no. 2172/19. Copy served on the other side.
    Matter stands Adj for hearing on Nm no. 2172/19 to 25.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Business: Adv. Shrivastav h/f Adv. Shipahimalani for plaintiff present.
    Adv. Chhatre for defendant no. 3 and 4 present.
    Court is busy in dictating order in suit no. 1206/14.
    Matter stands Adj for NM hearing to 05.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Vadhavkar for plaintiff present.
    Adv. Khatun for defendant no. 2 present.
    Heard both sides. On oral request Ld. counsel for defendant no. 2
    Defendant no. 4 present and filed application for adjournment.
    Application for adjournment filed by defendant no. 4. O-Adjournment granted.
    Matter stands Adj for reply and hearing of NM no. 4554/17, 3851/17 and  2172/19 to 12.12.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. Surbhi Wadavkar for plaintiff present and submitted that as per information available settlement talks are pending between developers and plaintiff for whom adv. Shirsat is representing her before the Hon\''ble High Court.
    Adv. Hasan Khan for defendant no. 2 present.
    Adv. Chatre for defendant no. 3 to 4 present.
    Heard both sides. On oral request, Matter stands Adj for NM hearing to 21.01.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Adv. Shailesh Redekar for plaintiff present.
    Adv. Anish Deshpande for defendant no. 1 present.
    Adv. Pande for defendant no. 3 present.
    Court is busy in dictating Order in st. 2388/19. Hence, board is discharged.
    By consent, Matter stands Adj for hearing on NM to 04.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2020
    
    Date: 24-02-2020
    Business: Adv. Wadavkar h/f Sipahimalani for plaintiff present. Adv. Hasan Khan for defendant no. 2 present. Defendant no. 3 and 4 present in person and filed application for adjournment. Application for adjournment filed by defendant no. 3 and 4. Adjournment granted. Matter stands Adj for hearing on NM to 02.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    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: NM FOR HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2020
    
    Date: 08-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: None present for plaintiff.
    Adv. Sana Khan for defendant no. 2 present.
    Matter stands Adj for hearing on NM to 15.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: None for Plaintiff.
    Advocate Hasan Khan for defendant no.2 present.
    None for defendants 3 and 4.
    Plaintiff shall prosecute the Notice of Motion on next date failing which further orders will follow.
    The case is adjourned to 24.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: None for Plaintiff.
    Advocate Hasan Khan for defendant no. 2 present.
    None for defendants 3 and 4.
    KB
    LO at 4.15pm
    Same appearance.
    Heard advocate for defendant no.2.
    The case is adjourned to 31.03.2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: Advocate Ravindra Singh h/f adv. Sipahimalani for plaintiff present and submits that he may be treated as heard in NM No.4554/17.
    KB
    LO at 03.30pm
    Advocate Hasan Khan for defendant no. 2 present.
    F.R.S.R.following order is passed
    ORDER
    1. Notice of Motion No.4554/17 is allowed subject to costs of Rs.5000/- payable to the Plaintiff.
    2. Defendant no.2 shall pay costs of Rs.5000/- within four weeks from uploading of this Order.
    3. He shall also file written statement on record within two weeks after paying the costs.
    The case is adjourned to 27.04.2021 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Business: Court is vacant
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: None present.
    Court is busy in recording evidence of SU 2194/09, SU 8472/00, SU 8473/00 and SU 9563/99.
    Hence, matter adjourned to 12.10.2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: None present for plaintiff.
    Adv. Viraj Jadhav for Deft. No.2 present.
    As Court is busy in hearing in NM No.3230/17 and NM No.3081/17
    in SU No.8715/94. Therefore matter is adjourned to 08.12.2021 for
    compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: None present.
    Matter stands adjourned to 11.01.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Matter called out at 4.40 p.m.
    Adv. Ravindra Singh I/b Sipahimalani for plaintiff present.
    None present for defendant.
    Matter stands adjourned to 04.04.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: Matter called out at 3.48 p.m.
    Adv. Karan Choudhary for plaintiff present.
    Adv. Ashwini Sawlani a/w Adv. Viraj Jadhav for Deft. No.2 present. He is seeking time to take instructions about the compliance of order dated 31.03.2021. Time granted by way of last chance.
    Matter stands adjourned to 27.04.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-04-2022
    
    Date: 27-04-2022
    Business: Adv. Neha Pandey for plaintiff present.
    Adv. Ashwini Sawlani for defendant No. 2 present.
    Matter stands adjourned to 12.07.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: None present for plaintiff.
    Adv. Nikhil Adkine for Deft. no.3 present. He is seeking time. Time granted to pay costs.
    Matter stands adjourned to 13.09.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Viraj Jadhav for Deft. no. 2 present. He tendered application for depositing the cost as per order dated 31.03.2021. TOR. Exh.09.
    O-Allowed to deposit in PLA section.
    None present for plaintiff.
    Matter stands adjourned to 21.11.2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-11-2022
    
    Date: 21-11-2022
    Business: Mentioned at 11.53 a.m.
    Adv. Jaswinder Chaudhary for Deft. no.2 present. He tendered WS. TOR. Exh.10.
    Deft. no.2 is directed to file affidavit in support of WS as per provisions of
    Order 6 Rule 15 sub-rule 4 of CPC.
    Matter pertains to afternoon session, hence, K.B.
    Later on called out at 3.40 p.m.
    Adv. Jaswinder Chaudhary for Deft. no.2 present.
    None present for plaintiff.
    Matter stands adjourned to 24.01.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2023
    
    Date: 24-01-2023
    Business: None present.
    Matter stands adjourned on 02.03.2023 for NM hearing.
    Later on,
    Adv. Hassan Khan for defendant No.2  present and tendered Affidavit in support of the written statement. TOR.
    Already matter stands adjourned on 02.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-03-2023
    
    Date: 02-03-2023
    Business: None present for plaintiff.
    Adv. Ammar Kanorwala for defendant No.2 present. He submitted that the NM No.2172/2019 is not served to defendants.
    The plaintiff is absent since long hence, put up for dismissal of NM.
    Matter stands adjourned on 28.04.2023 for dismissal of NM.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 28-04-2023
    
    Date: 28-04-2023
    Business: None present for plaintiff.
    Adv. Disha Jain I/b Adv. Hasan for defendant No.2 present.
    K.B.
    Later on at 4.03p.m.
    Adv. Disha Jain I/b Adv. Hasan for defendant No.2 present.
    Plaintiff absent failed to supply the copy of NM No.2172/2019 to the defendant No.2. Hence, Motion stands dismissed in default.
    NM No.2172/2019 disposed off accordingly.
    Later on at 4.09 p.m.
    Adv. Neha pandey h/f Adv. Sipahimalani for plaintiff present. She is given understanding that the NM No.2172/2019 is dismissed in default.
    Matter stands adjourned on 01.08.2023 for NM reply/steps.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 28-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106560/2019
    Filing Date: 19-06-2019
    First Hearing Date: 08th August 2019
    Decision Date: 28th April 2023
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    28 Apr 2023
    Order Details: Notice of Motion
    Pdf Text: 28.04.2023
    Sr. No. 60
    SU 2345/15
    NM 2172/19
    NM 3851/17
    CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (CR. 03)
    None present for plaintiff.
    Adv. Disha Jain I/b Adv. Hasan for defendant No.2 present.
    K.B.
    Later on at 4.03p.m.
    Adv. Disha Jain I/b Adv. Hasan for defendant No.2 present.
    Plaintiff absent failed to supply the copy of NM No.2172/2019 to
    the defendant No.2. Hence, Motion stands dismissed in default.
    NM No.2172/2019 disposed off accordingly.
    Later on at 4.09 p.m.
    Adv. Neha pandey h/f Adv. Sipahimalani for plaintiff present. She is
    given understanding that the NM No.2172/2019 is dismissed in
    default.
    Matter stands adjourned on 01.08.2023 for NM reply/steps.
    Judge
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