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NOTICE OF MOTION

Elekronik LabVsKelvin Hughes Ltd.

CNR MHCC01006639201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 23rd August 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102401/2019
Registration Date
01 Jul 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Petitioner

  1. 1Elekronik Lab

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 16-07-2019
Business: Matter called out (03.06pm)
Adv.for plaintiff present.
Adv.Riya Makwana for defendant present.
Defendant filed register N/M No.2401/19.
Copy already serve to the plaintiff.
Plaintiff is seeking time to file reply on N/M No.2401/19. Time Granted.
Matter adj for reply on N/M No.2401/19 and hearing on 30/07/19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 30-07-2019

Date: 30-07-2019
Business: None present.
Adv.for plaintiff absent.
Adv.Riya Makwana I/b Adv I.C Legal for defendant present.
KB.
LO at 4.30p.m.
Adv.Ziaulhap Ansari for plaintiff present.
Advocate for plaintiff tender adjournment application - Allowed as a last chance. With direction that failure to file reply on next date then notice of motion is proceeded without reply.
Matter adjd to 20.09.2019 for reply/argument.
Next Purpose: REPLY
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Ziaulhaq Ansari for plaintiff present.
Adv.Joshi for defendant present.
Matter adjd to 21.09.2019 for arguments
Next Purpose: ARGUMENTS
Next Hearing Date: 21-09-2019

Date: 21-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Ogare for plaintiff present.
Adv. Joshi for defendant present.
Advocate Joshi for defendant is ready for argument in notice of motion 2401/2019 however Ld. Counsel for plaintiff submitted that he be granted short date for filling reply. Ld. Counsel for defendant is objected. However once the advocate for plaintiff shows his willingness to contest the notice of motion by filling reply. I am of the opinion that sometime is required to be given for the decision of notice of motion. Hence, I proceeded to pass following order
ORDER
1) Short time is granted to the plaintiff to file reply.
2) If plaintiff failed to file reply on fixed date then notice of motion will be decided without say of plaintiff.
Matter adjd to 30.09.2019 for reply and argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 30-09-2019

Date: 30-09-2019
Business: Plaintiff absent.
Defendant absent.
Adv. Yahya Gogri for plaintiff present.
Adv. Nandini Joshi for defendant present.
Matter adjd to 22.10.2019 for N.M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2019

Date: 22-10-2019
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-11-2019

Date: 28-11-2019
Business: Plaintiff
Defendant
Adv.for plaintiff Mubarka Riyaz present.
Adv.for defendant Bahart Jain present.
Both the Ld. Counsel are present but they shows there unability
to conduct argument in absence of senior advocate.
Court is busy in the dictation in judgment under trial prisoner.
Matter adjd to 20.03.2020 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-03-2020

Date: 20-03-2020
Business: As per office order No.66 of 2020 board is discharged
Next Purpose: ARGUMENTS
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 19-10-2020

Date: 19-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENTS
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: PO is on leave
Next Purpose: ARGUMENTS
Next Hearing Date: 07-04-2021

Date: 07-04-2021
Business: As per office order 64/2021.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-07-2021

Date: 08-07-2021
Business: Both parties and their advocates are absent when called out.
As per order of Hon\''ble Principal Judge, City Civil Court, Mumbai, Office Order No. 128/2021 dated 02/07/2021 and approved case transfer list, the case is transferred to Court Room No.14.
Matter is adjd.to 09.08.2021 for arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-08-2021

Date: 09-08-2021
Business: Adv. Veera i/b. M/s. Dave and Co. for plaintiff present.
None for deft.
K.B.
L.O.
Adv. Riya Makhwana for deft. present.  She filed rejoinder to N/M.  T.O.R.
The matter is adjd for N/M hearing to 18.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Adv. Ghogari for plaintiff present.
Adv. Nandini Joshi along with Adv. Bharat Jain and Adv. Riya Makwana i/b. IC Legal for deft. present.
Adv. For deft. filed cases laws.  T.O.R.
Heard arguments of both sides on N/M No.2401/19.
The matter is adjd for order on N/M No.2401/19 to 23.08.2021.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv. Mayank Veera for plaintiff present.
Adv. Riya Makwana for deft. present.
F.R.S.R. following order is passed on N/M no.2401/19 -
ORDER
1.    N/M No.2401/19 is made absolute in terms of prayer clause (a).
2.    Plaint be returned to the plaintiff for filing it in the Court of competent jurisdiction.
3.      No order as to costs.
4.      N/M No.2401/19 is disposed of accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 23-08-2021

Additional Case Details

Additional Case Details
Filing Number: 107071/2019
Filing Date: 01-07-2019
First Hearing Date: 16th July 2019
Decision Date: 23rd August 2021
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
23 Aug 2021

Order Details: Notice of Motion Pdf Text: 1 MHCC010066392019 Presented on : 01072019 Registered on : 01072019 Decided on : 23082021 Duration : Y M D 02 01 28 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) NOTICE OF MOTION/102401/2019 IN COMMERCIAL SUIT NO.599 OF 2021 ELEKRONIK LAB, A firm duly registered under the Indian Partnership Act, having their office at R/13, Navroze Baug, Lalbaug, Mumbai400 012 Through its Partner Bahadur B.Sanjana…

Read Full Order

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