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NOTICE OF MOTION

Excel Garment Mfg. Pvt. Ltd.VsMCGM +1 more

CNR MHCC0100713020186-COURT 06 ADDL. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 26th April 2023

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102210/2018
Registration Date
14 Jun 2018

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-08-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2018

Date: 20-10-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-01-2019

Date: 09-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2019

Date: 15-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-06-2019

Date: 19-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-08-2019

Date: 02-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-09-2019

Date: 13-09-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2019

Date: 16-10-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Advocate for plaintiff present.
Ld. Adv. for plaintiff requested for time.- Lastly granted.
Advocate Kumawat for def./BMC present.
Earlier order, if any, to continue till next date.
Adjourned for N/M Hearing to 20/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020

Date: 11-05-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-08-2020

Date: 19-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-11-2020

Date: 11-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: Advocate for plaintiff present.
Advocate for defendant/BMC present.
Adjourned for N/M Hearing to 16/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2021

Date: 16-04-2021
Business: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-09-2021

Date: 27-09-2021
Business: None present for plaintiff.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Hearing to 13.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-12-2021

Date: 13-12-2021
Business: Advocate for plaintiff present
Advocate Smt.Deepali Patil  for defendant/BMC present.
Advocate for Plaintiff granted last chance to argue on N/M No. 4455/2018.
Adjd for  N/M Hearing to  05.01.2022 at 11.30am
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: Advocate Rishabh Parekh I/b ABH Law for plaintiff present and filed reply to N/M No. 4455/2018
copy served.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Heard argument on both sides on Notice of Motion No. 4455/2018
Following separate order passed on N/M No. 4455/2018
ORDER
1. The Notice of Motion No. 4455/2018 is allowed.
2. No written statement and affidavit-in-reply order passed against the defendants is set aside and defendants are granted permission to file their written statement in the interest of justice.
3. The Notice of Motion No. 4455/2018 is disposed off.
Written statement of Defendant /BMC t.o.r. Marked as Exh. No. 03
O – Read and Recorded.
Copy of written statement served on advocate for plaintiff.
Adjd for NM Hearing to  21.02.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: Advocate Hardik Desai for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Adjd for NM Hearing to 24.06.2022.
L.O. at 04:45 p.m.
Advocate P. D. Gandhy for plaintiff present and filed application for continue ad-interim order at Exh. 4.       O- Other side to say.
Adjd for Hearing on Exh. 4/NM Hearing to 28.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2022

Date: 28-02-2022
Business: Court is on Leave
Adjd for NM Hearing to  04.03.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2022

Date: 04-03-2022
Business: Advocate P. D. Gandhi  for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present and filed Reply to Application Exhibit No. 4
Following separate order passed on Application Exhibit No. 4
ORDER
1. Application Exhibit No. 4 is allowed.
2. Ad-interim order dated 09.01.2018 shall continue till next date in the interest of justice subject to costs of Rs. 1000/- which shall be deposited with District Legal Services Authority (DLSA), Mumbai today itself.
3. Application Exhibit No. 4 is disposed off.
Adjd for NM Hearing to  20.06.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-06-2022

Date: 20-06-2022
Business: Advocate P. D. Gandhy for plaintiff present. Advocate Smt. Deepali Patil for defendant/BMC present. Earlier order, if any, to continue till next date. Adjd for NM Hearing to 27.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  19.10.2022
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-10-2022

Date: 19-10-2022
Business: Matter pertains to C.R. No.6
Advocate for plaintiff present.
None present for defendant/BMC.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to 04.01.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: Advocate for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  03.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: Advocate Maaz h/f P.D. Gandhy for plaintiff present.
Advocate Smt. Meena Dhuri for defendant/BMC present.
Plaintiff submits that  the plaintiff wants to withdraw the suit. Advocate for plaintiff filed pursis at Exh. 5 however today plaintiff is not present therefore plaintiff  shall remain present on next date.
Earlier order, if any, to continue till next date.
Adjd for Appearance of plaintiff /NM Hearing to  17.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2023

Date: 17-03-2023
Business: Advocate Hardik Desai for plaintiff present.
Advocate Smt. Deepali Patil for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  29.03.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-03-2023

Date: 29-03-2023
Business: Advocate Tejas Shah h/f P.D. Gandhy for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd for NM Hearing to  10.04.2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-04-2023

Date: 10-04-2023
Business: Advocate Parekh for plaintiff present.
Advocate Smt. Deepali Patil  for defendant/BMC present.
Earlier order, if any, to continue till next date.
On request of advocate for plaintiff matter adjourned for withdrawal of suit.
Adjd for Withdrawal of suit to  26.04.2023
Next Purpose: WITHDRAWAL
Next Hearing Date: 26-04-2023

Date: 26-04-2023
Business: Plaintiff present.
Adv. Rushabh Parekh for plaintiff present and filed application for withdrawal of suit Marked as Exh. 6            O- Other side to say
Advocate Smt. Deepali Patil  for defendant/BMC present and filed say on Exh. 6 itself.
Order below Exh 6
Today Deepak Nathani, Director of plaintiff company along with his advocate and Learned advocate for BMC are present before the Court. Advocate for plaintiff drawn attention of this Court towards Board Resolution passed by plaintiff company. As per resolution, Mr. Deepak Mohan Nathani is authorized to take necessary steps for withdrawal of the suit. Director Deepak Nathani has filed photocopy of Aadhar Card towards identity. Considering the grounds mentioned in the application. Permission to withdraw suit under Order XXIII- Rule 1 and 2 of The Code of Civil Procedure is granted to plaintiff. Necessary order is passed below Exh.1.
Order below Exh. 1
	ORAL ORDER
		In view of order passed below Exh.6, I proceed to pass following order :
ORDER
1. L.C Suit No. 2641 of 2017 is withdrawn and stands disposed of.
2. Court fees be refunded to plaintiff as per rules.
3. Notice of Motion no. 3207 of 2018 and Notice of motion no. 2210 of 2018 stands disposed off as suit is withdrawn.
4. Accordingly, proceeding of L.C suit no. 2641 of 2017 is closed.
Nature Of Disposal: OTHER
Disposal Date: 26-04-2023

Additional Case Details

Additional Case Details
Filing Number: 107759/2018
Filing Date: 14-06-2018
First Hearing Date: 07th August 2018
Decision Date: 26th April 2023
Court Number And Judge: 6-COURT 06  ADDL. SESSIONS JUDGE

Orders

2
Final Order 1Full order available
26 Apr 2023

Order Details: Other Pdf Text: 7 Dt:26.04.2023 SU 2641/17 Exh. 6 CORAM : H.H.J. SHRI. R. B. PARVEKAR( C.R. No. 06 ) Plaintiff present. Adv. Rushabh Parekh for plaintiff present and filed application for withdrawal of suit Marked as Exh. 6 O Other side to say Advocate Smt. Deepali Patil for defendant/BMC present and filed say on Exh. 6 itself. Order below Exh 6 Today Deepak Nathani, Director of plaintiff company along with his advocate and Learned advocate for BMC…

Read Full Order
Order 1Full order available
26 Apr 2023

Order Details: Other Pdf Text: 7 Dt:26.04.2023 SU 2641/17 Exh. 6 CORAM : H.H.J. SHRI. R. B. PARVEKAR( C.R. No. 06 ) Plaintiff present. Adv. Rushabh Parekh for plaintiff present and filed application for withdrawal of suit Marked as Exh. 6 O Other side to say Advocate Smt. Deepali Patil for defendant/BMC present and filed say on Exh. 6 itself. Order below Exh 6 Today Deepak Nathani, Director of plaintiff company along with his advocate and Learned advocate for BMC…

Read Full Order

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