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NOTICE OF MOTION

Amit P. RathodVsHasmukh Mehta

CNR MHCC01006595201928-COURT 28 ADD SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 12th February 2020

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102393/2019
Registration Date
29 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Amit P. Rathod

Respondent

  1. 1Hasmukh Mehta

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 26-07-2019
Business: Adv. Rahul Choubey for plaintiff present.
None for defendant.
Advocate for plaintiff submitted that copy of NM taken out by defendant not served to him. Advocate for defendant is directed to served the copy of NM upon advocate of plaintiff as a last chance as unnecessary delay is caused.
Adj for supply of copy of NM to plaintiff on 07/09/2019.
Later On. At 03.40 pm.
Adv. Bharat Gavande for defendant present.
Register NM No. 2393/19 along with affidavit tendered by advocate for defendant. Advocate for defendant has undertake to served the copy of NM to plaintiff or his advocate.
Already adj for Hearing on 07/09/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-09-2019

Date: 07-09-2019
Business: Plff.absent.
Defendant present.
K.B.
L.O.
Adv. Bharat Gavade for deft present.
None for plaintiff.
Adjd. to 23.09.2019  for nm reply
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-09-2019

Date: 23-09-2019
Business: P.O is on leave. Adjd to 16/10/19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Business: None present.
KB
LO At 12.35 p.m.
Plff present. Adv. Rahul Chaube for plaintiff present.
Deft present.  Adv. Bharat Gavande for deft.
Reply to nm filed by plaintiff. t.o.r.
Copy supplied to deft.
Adjd. for nm hearing to 16.12.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Adv. Rahul Chobey for plaintiff present.
Adv. Gawande for defendant present.
On the request of defendant matter is adjd to 04/01/2020 for NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-01-2020

Date: 04-01-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. Rahul for plaintiff
None for defendant
ORDER
The defendant and his advocate did not appear to advance arguments on the Notice of Motion 2393/19. The Ld Advocate on behalf of the plaintiff submitted that in order to avoid further delay he has no objection to allow the Notice of Motion subject to cost. Considering submission on behalf of the advocate of plaintiff and in the interest of justice, the Notice of Motion 2393 of 2019 is allowed and the delay caused to the defendant to file reply to the Summons for Judgment is condoned subject to cost of Rs.2000/- to be paid to the plaintiff. On payment of cost the reply filed on behalf of the defendant to the Summons for Judgment be taken on record.
Notice of Motion 2393 of 2019 is disposed accordingly.
Adjd for compliance to 01-04-2020
Nature Of Disposal: ALLOWED
Disposal Date: 12-02-2020

Additional Case Details

Additional Case Details
Filing Number: 106997/2019
Filing Date: 29-06-2019
First Hearing Date: 26th July 2019
Decision Date: 12th February 2020
Court Number And Judge: 28-COURT 28 ADD SESSIONS JUDGE

Orders

1
Final Order 1
12 Feb 2020
Order Details: Notice of Motion
Pdf Text: Dt: 12.02.2020
SUM 697/18
@ NM 2393/19
@ SJ 257/18
CORAM : H.H.J SHRI. DEEPAK L.
BHAGWAT(C.R.NO.28)
Adv. Rahul for plaintiff
None for defendant
ORDER
The defendant and his advocate did not appear to advance
arguments on the Notice of Motion 2393/19. The Ld
Advocate on behalf of the plaintiff submitted that in order
to avoid further delay he has no objection to allow the
Notice of Motion subject to cost. Considering submission
on behalf of the advocate of plaintiff and in the interest of
justice, the Notice of Motion 2393 of 2019 is allowed and
the delay caused to the defendant to file reply to the
Summons for Judgment is condoned subject to cost of
Rs.2000/ to be paid to the plaintiff. On payment of cost
the reply filed on behalf of the defendant to the Summons
for Judgment be taken on record.
Notice of Motion 2393 of 2019 is disposed accordingly.
Adjd for compliance to 01042020
Judge
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