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NOTICE OF MOTION

Shankar Agarwal And AnrVsPrem Kumar Modi And Ors

CNR MHCC01006175201966-COURT 66 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 06th January 2024

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102245/2019
Registration Date
20 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: 04-07-2019
    Business: Adv. Rahul mestri for plff present and tendered register NM 2245/19 alongwith affidavit. TOR.
    Adv. Jimish Shah for deft No.1 to 4 present.
    Adv. Bharat gala for deft no. 7 and 8 present.
    Matter is adjd. to. 25/07/2019 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2019
    
    Date: 25-09-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2019
    
    Date: 28-11-2019
    Business: Adv. Vane for plff present.
    Adv. Bharat Gala for deft no.7 and 8 present.
    Advocate for deft no.7 and 8 filed reply to N/M No.2245/19. TOR.
    Copy served to other side.
    On oral request of advocate for plaintiff, adjd for filing service report upon deft no. 5 and 6 to 07.02.2020.
    Next Purpose: SERVICE
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Rahul Mistry    for plaintiff present .
    Adv.  Sheth   for defendants no. 1 to 4 present.
    Adv.   Bharat Gala  for defendants no. 5 and 6 present.
    None for other defendants.
    Adjd to 12-03-2020   for service upon defendant no. 7 and 8 and reply of 1 to 4 .
    Next Purpose: SERVICE
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Next Purpose: SERVICE
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SERVICE
    Next Hearing Date: 18-05-2020
    
    Date: 18-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: SERVICE
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID-19).
    Next Purpose: SERVICE
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: SERVICE
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Adjd to 08-11-2020 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 08-11-2020
    
    Date: 08-11-2020
    Business: Wrongly posted on 08.11.2020 which is holiday.
    Next Purpose: SERVICE
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: None for plaintiff.
    Adv. B. K. Gala for defendant no. 7 present.
    Adjd to 19.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-04-2021
    
    Date: 19-04-2021
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID -19).
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2021
    
    Date: 09-08-2021
    Business: None for both parties.
    Adjd for NM hearing to 03/09/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv. Rahul Mestry for plaintiff present.
    Adv. Jimish Shah For defendant No. 1 to 4 present.
    Adv. For defendant No. 1 to 4 filed affidavit in reply to Notice of motion. t.o.r.
    Adv. B. K. Gala for defendant No. 7 and 8 present.
    Adjd for NM hearing to 18/11/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-11-2021
    
    Date: 18-11-2021
    Business: Dt.18/11/2021
    NM 2245/19
    Suit 9417/2000
    Disposed of
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    Adv. Rahul Mestry For plaintiff present.
    Adv.Jimish Shah  For defendant No. 1 to 4 present.
    Adv.  B. K. Gala For defendant No. 7 and 8 present.
    Plaintiff to take steps to serve the unserve defendants failing which notice of motion will proceed further.
    Adjd for taking steps To 27/01/2022
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Dt.27/01/2022
    NM 2245/19
    Suit (9417/2000 disposed )
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    None present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for Admission Denial to 23/02/2022.
    Adv. D. K Gala for defendant nos. 3 and 7. is present.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-03-2022
    
    Date: 23-03-2022
    Business: None present when called at 2.48 pm
    Adjd for arguments to 23/06/2022
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Reason For Adjournment: court time is over
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Ritesh Wagh  for plaintiffs present and filed vakalatnama t.o.r.
    He submitted that he has appeared in the matter today itself and he prayed for adjournment  - allowed
    Adv. Himesh Lotalikar  for defendant no. 1 to 4 present.
    Adv. B. K. Gala for defendant no.  7 and 8 present.
    Matter is adjd.to 19-09-2022 for NM Hrg.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: matter is adjourned to
    Next Purpose: REJOINDER
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: Adv. Ritesh Wagh for plaintiffs a/w plaintiff no. 1present and filed rejoinder in NM No.  2245/19.
    Adv. Kailash Pathak h/f Adv. Manish Lothalikar for defendants no. 1 to 4 present.
    Adv. B. K. Gala for defendants no. 7 and 8 present.
    Adv. Kailash Pathak and Adv. B. K. Gala received copy of rejoinder in NM No.  2245/19
    Matter is adjd.to  28-11-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: Adv. Ritesh Wagh for plaintiffs present.
    Adv.Chirag Thakkar for defendants no. 1 to 4 present and received copies of the plaint, documents and NM No. 2245/19
    He  prayed for adjournment  - allowed
    Adv. V. K. Gala for defendants no. 7 and 8 present.
    Matter is adjd.to 23-01-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2023
    
    Date: 23-01-2023
    Business: PO IS ON HALF DAY LEAVE IN 2ND SESSION.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2023
    
    Date: 20-03-2023
    Business: Adv. Ritesh Wagh for plaintiffs present.
    Adv. B. K. Gala for defendants no. 7 and 8 present.
    None for defendants no. 1 to 4 .
    Matter is adjd.to 26-04-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Ritesh Wagh for plaintiffs present.
    Adv. B. K. Gala for defendants no. 7 and 8 present.
    None for defendants no. 1 to 4 .
    Matter is adjd.to  19-06-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Ankita Viankar for plaintiff present and seek time for hearing. Time granted till next date.
    Adv. B. K. Galla for defendant  no. 7 and 8 present.
    Matter adjourned for n/m hearing to 01/09/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-09-2023
    
    Date: 01-09-2023
    Business: Adv. Gala for plaintiff present.
    Adv. Ritesh Wagh for applicant present.
    By consent matter adjourned for NM hearing to 06-10-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2023
    
    Date: 06-10-2023
    Business: Adv. Siddhesh Avhad for plaintiff present.
    Adv. B. K. Gala for defendant No.7 and 8 present.
    Heard advocate for the plaintiff and defendant no.7 and 8 on NM no 2245/2019.
    The advocate for the defendant no. 1 to 6 absent.
    On the next date if defendant failed to argue the Nm the appropriate order will be passed against defendants nos. 1 to 6.
    Matter adjourned for nm argue to 17-10-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Adv. Siddhesh Avhal  for plaintiff present.
    Plaintiff no. 1 in person present.
    Adv. Bharat Gala for defendant no. 7 and 8 present.
    None for defendant no. 1 to 6 present.
    Though specific direction given to defendant no. 1 to 6, then also defendants absent. Its shows that they are not interested to argue the NM, hence NM kept for order.
    Matter adjourned for NM order no. 2245 of 2019 to 25/10/2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: Adv.  Ritesh Wagh for plaintiff present.
    Adv. B. K. Galla for defendant no. 7 and 8 present.
    Matter adjourned for NM order to 06/12/2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-12-2023
    
    Date: 06-12-2023
    Business: Adv.  Ritesh Wagh for plaintiff present.
    None For defendant present.
    Matter adjourned for NM order no. 2245 of 2019 to 18/12/2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-12-2023
    
    Date: 18-12-2023
    Business: P. O. is on leave, matter adjourned to
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-01-2024
    
    Date: 06-01-2024
    Business: Adv. Ritesh Wagh for plaintiff present.
    Adv. B. K. Gala for defendant no. 7 and 8 present.
    FRSR following order passed on NM no. 2245 of 2019
    ORDER
    1.Prayer clause (a), (b) and (c) of Notice of Motion No. 2245/2019 is made absolute subject to cost of Rs.25,000/-.
    2.The plaintiffs are directed to pay cost to the defendant or deposit in this court within six weeks from the date of this order, after payment of cost, suit be restored at its original stage.
    3. N/m No. 2245/2019 is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 06-01-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 106699/2019
    Filing Date: 20-06-2019
    First Hearing Date: 04th July 2019
    Decision Date: 06th January 2024
    Court Number And Judge: 66-COURT 66 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Jan 2024

    Order Details: Notice of Motion Pdf Text: N/m No. 2245/19 in Suit No. 9417/2000. 1 Order. MHCC010061752019 Presented on : 20-06-2019 Registered on : 20-06-2019 Decided on : 06-01-2024 Duration : 4 years, 6 months, 16 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2245 OF 2019 IN SUIT NO. 9417 OF 2000 (Old High Court Suit No. 4541 Of 2000) Shankar Agarwal and another )...Plaintiffs Versus Prem Kumar Modi and others )...Defendants Shri Siddhesh…

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