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NOTICE OF MOTION

M/s. Bharat Rice Mills - Summary Suit No. 463 of 2017VsM/s. Marvelo India +1 more

CNR MHCC01006504201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 11th April 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
101980/2018
Registration Date
29 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-06-2018
    Business: Adv. Ramesh Gupta present for plff.
    Adv. Ramanand Sikwal present for deft. no. 2
    Adv. for Deft. no. 2 filed registered N/M no.1980/18.
    Copy served to plff.
    Adv. for plff sought time to filed registered Ch/s no. 89/18.
    Adjd. For tendering registered Ch/s no. 89/18 and for reply on N/M no. 1980/18 on 27.08.2018.
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 27-08-2018
    
    Date: 27-08-2018
    Business: P. O. IS ON LEAVE
    Next Purpose: CHAMBER SUMMONS
    Next Hearing Date: 23-01-2019
    
    Date: 23-01-2019
    Business: Adv for plff.Ramesh gupta present
    Adv for deft nos 1 and 2 Ms. Saundankar
    Adv for deft no.4 Mr. Ashish Dubey
    Adv for deft no. 4 filed vakalatnama and reply to C/S 89/18
    Adv for deft No. 1 and 2 prayed for Adjournment for Argument on N/M
    Matter is Adjd for Steps against proposed deft in C/S 89/18 on 06/03/2019
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-05-2019
    
    Date: 06-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: H.H.J. is on Mediation Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-07-2019
    
    Date: 04-05-2019
    Business: H.H.J. is on Mediation Training
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: adjd
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2019
    
    Date: 22-07-2019
    Business: adjd
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-08-2019
    
    Date: 29-08-2019
    Business: None for plaintiff and defendant.
    L.O. at
    Adv. Mahendra Shingade for defendant No.2 present
    Matter adjd for taking steps to 06.11.2019.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-11-2019
    
    Date: 06-11-2019
    Business: Adv. Vijay Vaghela for plaintiff present, he tendered affidavit of service.
    Adv.Ashish Dubey for proposed defendant No.2 present.
    Matter adj for ch/s hearing to 06.12.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: P. O. is on Training, Board is discharged..
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Vijay Vaghela for plff. Present.
    Adv. Ashish Dubey for proposed deft. no. 2 present.
    Argument heard
    Matter is adjd to 12.02.2020 for order of Ch/s.
    Next Purpose: ORDER
    Next Hearing Date: 12-02-2020
    
    Date: 04-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Vijay Vaghela for plff. Present.
    Adv. Ashish Dubey for proposed deft. no. 2 present.
    Argument heard
    Matter is adjd to 12.02.2020 for order of Ch/s.
    Next Purpose: ORDER
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Vijay Vaghela for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 02.03.2020 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2020
    
    Date: 12-02-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Vijay Vaghela for plff. Present.
    Adv. For deft. Absent.
    Matter is adjd to 02.03.2020 for Order.
    Next Purpose: ORDER
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sujat Natekar for plff. Present.
    Adv. Ashish Dubey for deft. Present.
    Matter is adjd to 19.03.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 02-03-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv. Sujat Natekar for plff. Present.
    Adv. Ashish Dubey for deft. Present.
    Matter is adjd to 19.03.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: As per Corona Virus Circular dated on 16.03.2020.
    Matter transferred from C.R. 60 but physically not received.
    Hence matter is adjd to 18.06.2020 for Hearing
    Next Purpose: HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Business: Due to Covid-19 Lockdown
    Next Purpose: HEARING
    Next Hearing Date: 20-08-2020
    
    Date: 20-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 20-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 09.02.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-12-2020
    Business: Both the parties and his advocate are absent.
    Matter is adjd to 09.02.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 09.04.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-02-2021
    Business: P.O. is on leave.
    Matter is adjd to 09.04.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 09-04-2021
    
    Date: 09-04-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 09.07.2021  for Ch/S Hearing
    Next Purpose: HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-04-2021
    Business: Both the parties and their advocates are absent.
    Matter is adjd to 09.07.2021  for Ch/S Hearing
    Next Purpose: HEARING
    Next Hearing Date: 09-07-2021
    
    Date: 09-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 30.08.2021 for Hearing
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 09-07-2021
    Business: Both the parties and their advocates are absent.
    Due to Covid-19 pandemic.
    Matter is adjd to 30.08.2021 for Hearing
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: COURT IS VACANT
    Next Purpose: HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 30-08-2021
    Business: COURT IS VACANT
    Next Purpose: HEARING
    Next Hearing Date: 20-10-2021
    
    Date: 20-10-2021
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 20-10-2021
    Business: Court is vacant
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv Sujata Natekar for plaintiff present.
    None for defendant.
    Matter is adjd to17.01.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-01-2022
    
    Date: 15-12-2021
    Business: Adv Sujata Natekar for plaintiff present.
    None for defendant.
    Matter is adjd to17.01.2022 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: None present.
    L.O. at 2.30 p.m.
    Adv. Sujata Natekar for plaintiff is present.
    Matter is adjd for arguments to 08.02.2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: Adv. Ms. Sujata Natekar for Plaintiff present.
    Ch/s. 89/18	None present for Defendant.
    	Matter adj. To 04/04/2022 for Arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: P.O. is on Training
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2022
    
    Date: 04-04-2022
    Business: P.O. is on Training
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-06-2022
    
    Date: 27-06-2022
    Business: Adv. Mr. Vaghela for Plaintiff present and seeks time for hearing on Ch/s.
    None for proposed Defendant.
    Matter adjourned to 17/08/2022 for Ch/s. Hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-08-2022
    
    Date: 17-08-2022
    Business: As Court busy in arguments and dictation of order in SJ No.15 of 2021 hence, board is discharged.
    Matter adjourned to 27.09.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 17-08-2022
    Business: As Court busy in arguments and dictation of order in SJ No.15 of 2021 hence, board is discharged.
    Matter adjourned to 27.09.2022 for CS hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: As Court busy in arguments and dictating order in Summons for Judgment No.172 of 2017, hence matter adjourned to 26.11.2022 for Chamber Summons hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-11-2022
    
    Date: 26-11-2022
    Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-12-2022
    
    Date: 26-11-2022
    Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-12-2022
    
    Date: 10-12-2022
    Business: None for plaintiff.
    None for defendant as well as proposed defendant No.3.
    From the affidavit of service of chamber summons dated 06/11/2019, it appears that the C/S sent to proposed defendant No.3 has returned unserved with remarked “int” i.e. intimation given.  Hence, I do not find  it to be it to be a good service.  Hence, plaintiff to take proper steps to serve proposed defendant No.3.  The C/S No.89/18 is already not pressed against proposed defendant No.4.
    Matter is adj to 14/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-02-2023
    
    Date: 10-12-2022
    Business: None for plaintiff.
    None for defendant as well as proposed defendant No.3.
    From the affidavit of service of chamber summons dated 06/11/2019, it appears that the C/S sent to proposed defendant No.3 has returned unserved with remarked “int” i.e. intimation given.  Hence, I do not find  it to be it to be a good service.  Hence, plaintiff to take proper steps to serve proposed defendant No.3.  The C/S No.89/18 is already not pressed against proposed defendant No.4.
    Matter is adj to 14/02/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv.Sujata D.Natekar i/b Adv.Vijay Vaghela for plaintiff present. She seeks time to take steps in pursuance of order of this court dated 10/12/2022.
    Adv.Sandesh Kete i/b Adv.Mahendra Shingad for defendant No.2 present.
    Matter is adj as a last chance to 11/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-04-2023
    
    Date: 14-02-2023
    Business: Adv.Sujata D.Natekar i/b Adv.Vijay Vaghela for plaintiff present. She seeks time to take steps in pursuance of order of this court dated 10/12/2022.
    Adv.Sandesh Kete i/b Adv.Mahendra Shingad for defendant No.2 present.
    Matter is adj as a last chance to 11/04/2023 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 11-04-2023
    
    Date: 11-04-2023
    Business: Adv.Vijay Vaghela for plaintiff present.
    Defendant No.1 already ex-parte.
    Adv.Sandesh Kate i/b Adv.Mahendra Shingade for defendant No.2 present.
    Adv. for plaintiff not press C/S No.89/2018.  Hence, C/S No.89/2018 is disposed of.
    Heard both the sides on N/M No.1980/18.
    F.R.S.R following order is passed on N/M No.1980/18.
    ORDER
    1. Notice of Motion No. 1980/2018 is allowed subject to cost of Rs.2,500/- ( Rupees Two Thousand Five Hundred only).
    2. Cost to be deposited with the DLSA, Mumbai within four weeks from the date of this order.
    3. Exparte order passed against defendant No.2 dated 11-01-2018 is hereby set aside.
    4. Delay caused in appearance is hereby condoned.
    5. VP of defendant No.2 be taken on record subject to depositing of the costs.
    6. Notice of Motion No. 1980/2018 is disposed of accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 11-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107129/2018
    Filing Date: 29-05-2018
    First Hearing Date: 14th June 2018
    Decision Date: 11th April 2023
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    11 Apr 2023

    Order Details: Notice of Motion Pdf Text: 1 Order in NM No 1980/2018 in Sum Suit No.463/2017 MHCC010065042018 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION NO. 1980 OF 2018 IN SUMMARY SUIT NO. 463 OF 2017 Messrs. Bharat Rice Mills ...Plaintiff Versus 1. Messrs Marvelo India &Anr. ...Defendants Appearance : Ld Adv. Mr. Vijay Waghela for plaintiff. Ld Adv. Mr. Sandesh Kate i/b. Adv. Mr. Mahendra Shingade for defendant No.2. Coram : DR.…

    Read Full Order
    Order 1Full order available
    11 Apr 2023

    Order Details: Notice of Motion Pdf Text: 1 Order in NM No 1980/2018 in Sum Suit No.463/2017 MHCC010065042018 IN THE COURT OF JUDGE, CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION NO. 1980 OF 2018 IN SUMMARY SUIT NO. 463 OF 2017 Messrs. Bharat Rice Mills ...Plaintiff Versus 1. Messrs Marvelo India &Anr. ...Defendants Appearance : Ld Adv. Mr. Vijay Waghela for plaintiff. Ld Adv. Mr. Sandesh Kate i/b. Adv. Mr. Mahendra Shingade for defendant No.2. Coram : DR.…

    Read Full Order

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