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NOTICE OF MOTION

Mrs. Vijaya ViranVsSitaram Tukaram Ambekar

CNR MHCC0100726820181-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th December 2019

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102249/2018
Registration Date
19 Jun 2018

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 20-07-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 31-08-2018

Date: 31-08-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2018

Date: 09-10-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-10-2018

Date: 17-10-2018
Business: As a Court is busy in hearing Mediation Matters
Matter is adjd. to 29.10.2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-10-2018

Date: 29-10-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-11-2018

Date: 15-11-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 13-12-2018

Date: 13-12-2018
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 05-02-2019

Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-03-2019

Date: 29-03-2019
Business: Resumed.
Adv. Pal for plaintiff is present.  None for defendant.
Adjd for NM arguments to 20.06.2019.
l.O. at 3.20 p.m. Adv. Sandip Satkar for defendant is appeared and filed compilation of documents.
Adjd for NM arguments to 20.06.2019.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: None present for both parties.
Put up for dismissal order of NM.
Adjourned for dismissal of NM to 22.8.2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 22-08-2019

Date: 22-08-2019
Business: Adv. Pal for plaintiff present.
Adv. Supriya Gurav for defendant present.
Application filed on behalf of defendant for setting aside the caption of NM for dismissal.
O-Application is allowed.  The order of dismissal pertaining to the NM of defendant is called back.
Application filed on behalf of plaintiff for setting aside caption of dismissal order of NM.
O-Read application.  The order of dismissal of NM of plaintiff is called back.
Adjourned for NM hearing to 9.10.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 09-10-2019

Date: 09-10-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-12-2019

Date: 04-12-2019
Business: Adv. Mr. Pal for plaintiff present.
Adv. Ms. Supriya Gurav for deft. present.
Heard arguments on N/M no.2249/18.
ORDER ON N/M 2249/18
          This N/M is tendered by deft. to condone the delay of 1021 days in filing W/S and to take the W/S of the defendants on record.  Heard.  Ld. Counsel for the deft. submitted that after filing the reply to the N/M of the plaintiff, the deft. was under misconception that the W/S is already filed.  The settlement talks between plaintiff and defendants were going on.  The deft. was sick and had paralysis attack, therefore he was not in a position to give instruction to his advocate.  She would further submit that delay is not deliberate and prayed for condoning the same.  Plaintiff opposed the N/M on the count that sufficient cause has not been made out by the deft. and the N/M is required to be rejected.
On perusal of the record, it appears that the deft. has filed reply to N/M of the plaintiff .  The matter was proceeded without W/S of the deft and even posted for ex-parte evidence.  But plaintiff has not filed the evidence and subsequently, this N/M came to be filed.  In order to support his contention, deft. has placed voluminous medical record.  The deft. on oath submitted that he was suffering from paralysis and therefore, could not file the W/S.  There is nothing to counter the submission made by deft. on oath.  The substantial rights of the parties are involved.  Although the matter was cropped up for evidence but the plaintiff has not filed the evidence. In the interest of justice, the N/M is required to be considered.  Even otherwise, no prejudice would be caused to the plaintiff, if the W/S is taken on record. There should not be hyper-technical and pedantic approach in dealing with such types of motions.   Hence, N/M needs consideration and therefore, it is expedient to pass the following order.
ORDER
1.  N/M no.2249/18 is made absolute in terms of prayer clause (a) and (b) subject to payment of cost of Rs.2,000/- to be paid by defendant to the plaintiff within a period of four weeks from today.
2.   Payment of cost is subject precedent.
3.   On payment of cost, W/S be taken on record.
4.   N/M no.2249/18 is disposed off accordingly.
Nature Of Disposal: ALLOWED
Disposal Date: 04-12-2019

Additional Case Details

Additional Case Details
Filing Number: 108015/2018
Filing Date: 19-06-2018
First Hearing Date: 20th July 2018
Decision Date: 04th December 2019
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

2
Final Order 1Full order available
04 Dec 2019

Order Details: Notice of Motion Pdf Text: Adv. Mr. Pal for plaintiff present. Adv. Ms. Supriya Gurav for deft. present. Heard arguments on N/M no.2249/18. ORDER ON N/M 2249/18 This N/M is tendered by deft. to condone the delay of 1021 days in filing W/S and to take the W/S of the defendants on record. Heard. Ld. Counsel for the deft. submitted that after filing the reply to the N/M of the plaintiff, the deft. was under misconception that the…

Read Full Order
Order 1Full order available
04 Dec 2019

Order Details: Notice of Motion Pdf Text: Adv. Mr. Pal for plaintiff present. Adv. Ms. Supriya Gurav for deft. present. Heard arguments on N/M no.2249/18. ORDER ON N/M 2249/18 This N/M is tendered by deft. to condone the delay of 1021 days in filing W/S and to take the W/S of the defendants on record. Heard. Ld. Counsel for the deft. submitted that after filing the reply to the N/M of the plaintiff, the deft. was under misconception that the…

Read Full Order

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