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NOTICE OF MOTION

Bhanu Jamnadas Kapadia And AnrVsTapan Sunil Kumar Aich

CNR MHCC0100662320193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st April 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102396/2019
Registration Date
01 Jul 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: 06-07-2019
    Business: As Presiding Officer is on training of Speedy Disposal of Commercial Disputes at Uttan. Hence, Board is discharged. Matter stands Adj for recording evidence to 07.08.19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Plaintiff present.
    Adv. Dwani Shah h/f Adv. Rahul Mestri for plaintiff present.
    Adv. Yadav for defendant present.
    DW-1 present.
    Ld. counsel for plaintiff submitted that senior counsel is suffering from illness and therefore unable to conduct the cross examination of DW-1.  Ld. counsel for defendant has strongly objected to the adjournment and pointed out that matter is being delayed on one or the other ground.
    In view of the above, last chance granted for cross examination of DW-1 failing which court will pass appropriate order.
    Matter stands Adj for Cross examination of DW-1 to 11.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: Court is busy in dictating order in EA 227/14 and EA 291/15.
    Hence, Matter stands Adj for R. E. P.H. to 16.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv. Rahul Mestry for plaintiff present.
    Adv. Surendra Yadav for defendant present.
    DW-1 Tapan Sunil Kumar Aich present and resumed on SA for further cross examination.
    Further Cross-Examination of DW-1 recorded by Adv. Rahul Mestry for Plaintiff.
    For want of time, cross-examination of DW-1 deferred till next.
    Matter stands Adj for further cross-examination of DW-1 to 18.11.19 at 3.30 pm.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Adv. for plaintiff present.
    Adv. for defendant present.
    KB L.O.
    Adv. Mishry for plff. present and tendered original N/M No.2396/19. t.o.r.
    Copy is served to other side.
    Adv. Surendra Yadav for deft present.
    Plff. witness is present.
    Matter stands Adj for recording evidence on 04.12.2019.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Adv. Dhwani for plaintiff present.
    Defendant present.
    PW-1 present.
    Court is busy in hearing High Court Time Bound matter 436/17.
    Matter stands Adj for Recording Evidence(P.H.) to 20.01.2020.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Dhwani h/f Adv. Rahul Mistry for plaintiff present.
    Adv. Yadav for defendant no. 1 present.
    By consent, Matter stands Adj for Recording Evidence (P. H.) to 11.02.2020.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: The court is on leave
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Court is busy in dictating order in suit no. 1268/16. Hence, board is discharged.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 11-06-2020
    
    Date: 11-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 08-07-2020
    
    Date: 08-07-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Recording Evidence(P.H.) to 27.01.2021.
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present.
    The case is adjourned to 02.03.2021  for RE(PH).
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 02-03-2021
    
    Date: 02-03-2021
    Business: None for Plaintiff.
    Advocate Saurabh Desai for defendant present.
    KB
    LO at 12.00pm
    None for Plaintiff.
    Advocate Surendra Yadav for defendant present and submits that witness is not available on account of death of his mother. He seeks time.
    Time is granted.
    The case is adjourned to 17.03.2021 for RE(PH).
    Next Purpose: RECORDING EVIDENCE P.H.
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: None for plaintiff.
    Defendant present.
    Advocate Ms. Sandhya Yadav for defendant present.
    KB at 12.00pm
    LO at 12.04pm,
    Advocate Niranjan Kondiyala h/f adv.Rahul Mestry for plaintiff present and seeks time.
    Advocate Ms. Sandhya Yadav for defendant present.
    Defendant present.
    Proceedings indicate that matter is for cross examination of defendant since 2018.
    KB
    LO at 2.49pm,
    Advocate Rahul Mestry  for plaintiff present.
    Advocate Surendra Yadav for defendant present and filed reply to NM No. 2396/19. TOR.
    Copy served on advocate for Plaintiff.
    The case is adjourned to 19.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Advocate Rahul Mestry for plaintiff present.
    Advocate Surendra Yadav for defendant present
    Partly heard.
    The case is adjourned to 25.03.2021  for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: Advocate Niranjan h/f adv. Rahul Mestry  for plaintiff present and requested to keep back the matter.
    KB
    LO at 3.13pm
    Advocate Rahul Mestry for plaintiff present.
    Advocate Surendra Yadav for defendant present.
    Heard advocate for Plaintiff and defendant.
    The case is adjourned to 01.04.2021 for NM order
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: None for Plaintiffs.
    Advocate Saurabh Desai h/f adv. Surendra Yadav for defendant present.
    F.R.S.R.following order is passed
    ORDER
    Notice of Motion no. 2396/19 is dismissed with costs.
    The case is adjourned to 16.04.2021 for RE(PH).
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-04-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107040/2019
    Filing Date: 01-07-2019
    First Hearing Date: 06th July 2019
    Decision Date: 01st April 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Apr 2021

    Order Details: Notice of Motion Pdf Text: Notice of Motion No.2396/2019 ..1.. InS.C.Suit No.1225/2009 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT BOMBAY. NOTICE OF MOTION NO. 2396 OF 2019 IN S.C. SUIT NO. 1225 OF 2009 CNR NO : MHCC010066232019 1. Bhanu Jamnadas Kapadia & Ors., ...Plaintiffs Versus Tapan Sunil Kumar Aich, ...Defendant Appearance : Mr. Rahul C. Mestry, Advocate for the Plaintiffs. Mr. Surendra Yadav, Advocate for defendant. CORAM : HIS HONOUR JUDGE SHRI AJIT N. MARE…

    Read Full Order

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