Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 2268 OF 2018 IN SUIT NO. 3392 OF 2008 1. Shree Durgamata Premises Coop Society Ltd. (Proposed) Through Mr. Pradip Atul Mitra Age : 56 years, Occup: Business having address at Room No.10, First Floor & Others. ...Plaintiffs. V/s. 1. Nandu Tarachand Jain age about 55 years & Others. … Defendants. Appearance: Advocate Mr. Jayesh Bhatt for the Plaintiffs. Advocates Mr.…
NOTICE OF MOTION
Shree Durgamata Premises Co op Soc. Ltd - High Court NM No.1866 of 2011VsMr Nandu Tarachand Jain And Ors
CNR MHCC01007307201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th August 2022
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102268/2018
- Registration Date
- 19 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 04-07-2018 Business: Adv. Jaish Batt for the plaintiff present. Adv. Jaysh Shukla for the Defendant no 3 and 4 present. Ms. Shrya Dev Defendant No 5 and 6 present. None present for defendant no. 1 and 2. Ld Counsel for the plaintiff tender registered CS No. 1040/11 and pre registered NM 1866/11. T.O.R Ld Counsel for deft. no. 3 to 6 sought time to file reply CS and NM granted as last chance. Matter Adj for Reply for CS 1040/11 (1024/18 ) and NM No. 1866/11 ( 2268/18) on.30.07.2018. Next Purpose: C/S HEARING Next Hearing Date: 30-07-2018 Date: 30-07-2018 Business: PO relieved for Mediation training at Ganjam, Odisha. Adj. For Hearing on CS 1024/18 and NM 2268/18 on 27/08/2018. Next Purpose: C/S HEARING Next Hearing Date: 27-08-2018 Date: 27-08-2018 Business: PO relieved for Mediation training at Culcutta. Next Purpose: C/S HEARING Next Hearing Date: 19-10-2018 Date: 27-08-2018 Business: PO relieved for Mediation training at Culcutta. Next Purpose: C/S HEARING Next Hearing Date: 19-10-2018 Date: 19-10-2018 Business: Adv. Mr. Jayesh Bhat for plff present. None for deft. Present Deft. No. 1 Inperson Present. None for rest defts when matter called. No Reply filed Deft. 3 to .6 no reply till toady. Hence NM and CS proceeded without Reply Deft. Nos. 2 to 6. Matter Kept for hearing of CS 1040/11 (1042/18) and NM 1866/11 (2266/18) on 19/11/2018 Next Purpose: C/S HEARING Next Hearing Date: 19-11-2018 Date: 19-11-2018 Business: P. O. is on Mediation Training Next Purpose: C/S HEARING Next Hearing Date: 17-12-2018 Date: 17-12-2018 Business: Adv. Jayesh Bhatt Present for the Plff. None Present for the Deft. Heard Ld counsel for the Plff. None appeared for the defts. Adj. For Order of CS 1024/18 and hearing NM 2268/18 on 01/02/2019. Next Purpose: CH/S ORDERS Next Hearing Date: 01-02-2019 Date: 01-02-2019 Business: Adv. Jayesh Bhat Present for the Plff. None Present for the Deft. F.R.S.R Following order of CS 1024/18. 1. Chamber Summons No.1024 of 2018 in Suit No.3392 of 2008 (High Court Suit No.606 of 2008) is made absolute. 2. Defendant Nos.5 and 6 are directed to make discovery on oath and give inspections of the documents as mentioned in chamber summons clause Nos.a(i), (ii) and (iii), to the learned counsel of plaintiff. 3. Non-compliance of the above order will invoke the power for necessary directions under O.XI R.3 (6) of C.P.C. against defendant Nos.5 and 6. 4. Compliance be reported within five days in view of R.XI R.3(4) of C.P.C. 5. Parties to bear their costs. Adj. For Compliance and Hearing of NM 2268/18 on 08/02/2019. Next Purpose: COMPLIANCE Next Hearing Date: 08-02-2019 Date: 08-02-2019 Business: H.H.J. is on MediationTraining Next Purpose: COMPLIANCE Next Hearing Date: 14-03-2019 Date: 14-03-2019 Business: Adv. S. K. Mishra Present for the Plff. Adv. Jayesh Shukla Present for the Deft. No. 2,3,4. Registered clerk for Adv. Chaya Patil appearing for Deft no. 5 and 6 and submitted that due to personal difficulty of the counsel she was not present. Hence sought time. Already in view of order of CS 1024/18 dt. 01/02/2019 deft no. 5 and 6 directed to give inspection of the document mentioned in the CS and to make discovery on oath else to face consequences. Five day time was granted to deft no. 5 and 6 to comply the order. However till today order was not complied. Hence deft no. 5 and 6 to face the consequences u/O.XI Rule 3(6) of CPC. Matter kept for hearing of CS 2268/18 (Old NM 1866/11) on 10/04/2019. Next Purpose: C/S HEARING Next Hearing Date: 10-04-2019 Date: 10-04-2019 Business: Adv. Garav Tiwari Present for the Plff. None Present for the Deft. no. 1 to 4. Adv. Ms. Chaya Pandya Present for the Deft. no. 5 to 6. Ld counsel for the Deft no. 5 to 6 filed Draft NM alongwith affidavit. Order- Heard. Leave granted. NM be registered. Copy supplied to Ld counsel for the plff. Hence service affidavit dispense with. Adj. for Hearing of NM 2268/18(old NM no. 1866) and NM returnable by Deft on 17/06/2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 17-06-2019 Date: 17-06-2019 Business: None present for plaintiff. None present for D-1 to 4. Adv. Chhaya Pandya present for D-5 to 6. She tendered registered NM No.1626/19. TOR. Adj. for reply/argument on NM No.1626/19 and hearing of NM 2268/18 (old NM no. 1866) on 23/07/2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 23-07-2019 Date: 23-07-2019 Business: None present for Plff. Adv. Jayesh Shukla Present for the deft No. 3 and 4. Deft No. 1 and 6 inperson present. None present for other defts. On the request of deft no. 6 inperson Matter is adj. Adj to 26/08/2019. Next Purpose: NOTICE OF MOTION Next Hearing Date: 26-08-2019 Date: 26-08-2019 Business: Adv. Gaurav Tiwari for plaintiff present. D-1 and 6 (In-person) present. Adv. Jayesh Shukla for D-3 and 4 present. None present for other defendants. On the request of Ld. Counsel for plaintiff time is granted for filing reply and to argue the NM. Matter adjd for NM reply and hearing on 01/10/2019. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 01-10-2019 Date: 01-10-2019 Business: H.H.J. is on Leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-11-2019 Date: 01-10-2019 Business: H.H.J. is on Leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-11-2019 Date: 01-10-2019 Business: H.H.J. is on Leave Next Purpose: NM REPLYREJOINDER Next Hearing Date: 14-11-2019 Date: 14-11-2019 Business: Adv. Mishra for plaintiff present. D-1 and 6 (In-person) present. None present for other defendants. Ld. counsel for plaintiff endorsed reply on NM No.1626/19 itself. Time is granted to defendants by way of last chance to file reply to NM No.2268/18. Matter adjd for order on NM No.1626/19 and reply by defendant to plaintiff\''s NM No.2268/18 on 04/12/2019. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-12-2019 Date: 04-12-2019 Business: HHJ IS ON TRANING AT UTTAN Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-01-2020 Date: 04-12-2019 Business: HHJ IS ON TRANING AT UTTAN Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-01-2020 Date: 04-12-2019 Business: HHJ IS ON TRANING AT UTTAN Next Purpose: NM REPLYREJOINDER Next Hearing Date: 09-01-2020 Date: 09-01-2020 Business: Adv. Jayesh Bhatt for plaintiff present. Adv. Mitali Shah for defendant No. 3 and 4 present. Adv. Mishra for deft no. 5 and 6 present and filed VP on behalf of Deft no. 5 and 6. t.o.r. marked as Exh.13. Adv. for deft no. 3 ,4 and 5, 6 submitted that time be granted to file reply to NM 2268/18. The Ld Adv appearing for plff has submitted that time be granted but subject to condition that copy of reply be served in advance to Adv. for plff. Time granted. Deft no. 3 to 6 are directed to file reply to the said NM on next date as a last chance and copy be served in advance to Adv. for plff. Matter adjd for filing reply by deft no. 3 to 6 to the NM 2268/18 and serving copy in advance to the Adv. for plff on 04/02/2020 at 02.45 pm. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 04-02-2020 Date: 04-02-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-02-2020 Date: 04-02-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-02-2020 Date: 04-02-2020 Next Purpose: NM REPLYREJOINDER Next Hearing Date: 20-02-2020 Date: 20-02-2020 Business: Adv. Jayesh Bhatt for plaintiff present. Defendant no.1 in person present. Adv. Jayesh Shukla for defendant nos. 3 and 4 present. Adv Lalit Jain for defendant nos. 5 and 6 present. Defendant no.1 filed reply in NM no. 2268/18 t.o.r. O- R and R. Ld Adv for deft no. 6 filed reply in NM no. 2268/18 t.o.r. O- R and R. Ld Adv for plaintiff No.18 filed rejoinder in NM no. 2268/18 t.o.r. O- R and R Heard both side in NM no. 1626/19. Kept for order. Matter adjd for NM no. 1626/19 order and hearing on NM no. 2268/18 to 12-03-2020 at 2.5 pm. Next Purpose: NM ORDERS Next Hearing Date: 12-03-2020 Date: 20-02-2020 Business: Adv. Jayesh Bhatt for plaintiff present. Defendant no.1 in person present. Adv. Jayesh Shukla for defendant nos. 3 and 4 present. Adv Lalit Jain for defendant nos. 5 and 6 present. Defendant no.1 filed reply in NM no. 2268/18 t.o.r. O- R and R. Ld Adv for deft no. 6 filed reply in NM no. 2268/18 t.o.r. O- R and R. Ld Adv for plaintiff No.18 filed rejoinder in NM no. 2268/18 t.o.r. O- R and R Heard both side in NM no. 1626/19. Kept for order. Matter adjd for NM no. 1626/19 order and hearing on NM no. 2268/18 to 12-03-2020 at 2.5 pm. Next Purpose: NM ORDERS Next Hearing Date: 12-03-2020 Date: 20-02-2020 Business: Adv. Jayesh Bhatt for plaintiff present. Defendant no.1 in person present. Adv. Jayesh Shukla for defendant nos. 3 and 4 present. Adv Lalit Jain for defendant nos. 5 and 6 present. Defendant no.1 filed reply in NM no. 2268/18 t.o.r. O- R and R. Ld Adv for deft no. 6 filed reply in NM no. 2268/18 t.o.r. O- R and R. Ld Adv for plaintiff No.18 filed rejoinder in NM no. 2268/18 t.o.r. O- R and R Heard both side in NM no. 1626/19. Kept for order. Matter adjd for NM no. 1626/19 order and hearing on NM no. 2268/18 to 12-03-2020 at 2.5 pm. Next Purpose: NM ORDERS Next Hearing Date: 12-03-2020 Date: 12-03-2020 Business: H.H.J. is on half day leave in second sessions Next Purpose: NM ORDERS Next Hearing Date: 18-03-2020 Date: 12-03-2020 Business: H.H.J. is on half day leave in second sessions Next Purpose: NM ORDERS Next Hearing Date: 18-03-2020 Date: 18-03-2020 Business: None present. As per office order No. 66 of 2020 dated 16 March, 2020, the Hon\''ble Principal Judge, is pleased to direct to take up only urgent matters in view of declaration of Novel Coronavirus (COVID-19) as global pandemic by World Health Organisation, in view of Hon\''ble High Court, Bombay notification and advisory dated 14 March, 2020 and Hon\''ble High Court of Bombay circular (Annexture -A) dated 16 March, 2020. Matter adjd for NM no. 1626/19 order and hearing on NM no. 2268/18 to 04/04/2020 at 02.45 pm. Next Purpose: NM ORDERS Next Hearing Date: 04-04-2020 Date: 04-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ORDERS Next Hearing Date: 27-04-2020 Date: 04-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ORDERS Next Hearing Date: 27-04-2020 Date: 27-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ORDERS Next Hearing Date: 05-06-2020 Date: 27-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ORDERS Next Hearing Date: 05-06-2020 Date: 05-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ORDERS Next Hearing Date: 23-06-2020 Date: 05-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM ORDERS Next Hearing Date: 23-06-2020 Date: 23-06-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ORDERS Next Hearing Date: 18-08-2020 Date: 18-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ORDERS Next Hearing Date: 29-09-2020 Date: 18-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ORDERS Next Hearing Date: 29-09-2020 Date: 18-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM ORDERS Next Hearing Date: 29-09-2020 Date: 29-09-2020 Business: Due to Covid-19 matter is adjd time to time on 04/04/2020, 27/04/2020, 05/06/2020, 23/06/2020, 18/08/2020 and today this matter is posted for NM Order. None present. F.R.S.R. following order is passed. ORDER Notice of Motion No.1626/19 is allowed as under- 1. Defendant No.06 is permitted to comply the order dated 01/02/2019 passed in Chamber Summons No.1024/2018 till next date. 2. Due to Covid-19 Pandamic, it is not proper to direct defendant no.06 to comply the said order within short period. 3. Defendant No.06 is permitted to comply the order dated 01/02/2019 passed in Chamber Summons No.1024/2018 on or before 16/12/2020. Matter adjd for Compliance on 16/12/2020. Next Purpose: COMPLIANCE Next Hearing Date: 16-12-2020 Date: 16-12-2020 Business: None present. Today matter is for compliance of order dated 29-09-2020 passed in NM no. 1626/2019. The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons. Matter adjd for compliance to 26-02-2021. Next Purpose: COMPLIANCE Next Hearing Date: 26-02-2021 Date: 26-02-2021 Business: Adv. Gaurav Tiwari for plaintiff present. Adv.C. D. Mishra for defendant No. 5 and 6 present. Adv. for plaintiff is seeking time to argue notice of Motion No. 2268/18. The parties are directed to argue notice of motion on next date. Adv. for defendant No. 5 and 6 stated that they have issued letter dt. 23.11.2020 and 01.12.2020 to adv. for plaintiff in compliance of order passed in notice of Motion No. 1626/19. Adv. for plaintiff stated that due to COVID-19 situation the inspection of documents could not be complied. Adv. for plaintiff stated that they will comply the order. Adjd for hearing of notice of motion 2268/18 to 06/04/2021. Next Purpose: NM FOR HEARING Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: Court is vacant Next Purpose: NM FOR HEARING Next Hearing Date: 28-06-2021 Date: 28-06-2021 Business: Both parties and their advocate absent. Matter adjd for Awaiting R & P on 11.08.2021 . Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 11-08-2021 Date: 28-06-2021 Business: Both parties and their advocate absent. Matter adjd for Awaiting R & P on 11.08.2021 . Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 11-08-2021 Date: 11-08-2021 Date: 11-08-2021 Business: Adv. Mr. Bhatt for Plaintiff present. NM 2268/18 Adv. Mr. Mishra for Defendant Nos. 5 and 6 present. Heard Ld. Advocate for Plaintiff on NM No. 2268/18. perused the interrogatories given at schedule. Persued the WS of Defendants. The Ld. Advocate for Plaintiff is asked to go through the pleadings of the WS in the light of interrogatories and inform to the court that whether indeed there is need to invoke O XI R 1 and 2 of CPC. Matter adj. to 25/08/2021 for Compliance from Plaintiff. Next Purpose: COMPLIANCE Next Hearing Date: 25-08-2021 Date: 25-08-2021 Business: Adv. Mr. Jayesh Bhatt for Plaintiff present. Adv. Mr. Nitesh Pandey for Defendant Nos. 3 and 4 present. Adv. Mr. Lalit Jain for Defendant Nos. 5 and 6 present. F.R.S.R. following Order is passed :- ORDER NM No. 1866/2018 is disallowed and disposed off accordingly. Matter adj. to 04/10/2021 for Framing Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 04-10-2021 Date: 25-08-2021 Business: Adv. Mr. Jayesh Bhatt for Plaintiff present. Adv. Mr. Nitesh Pandey for Defendant Nos. 3 and 4 present. Adv. Mr. Lalit Jain for Defendant Nos. 5 and 6 present. F.R.S.R. following Order is passed :- ORDER NM No. 1866/2018 is disallowed and disposed off accordingly. Matter adj. to 04/10/2021 for Framing Issues. Next Purpose: FRAMING ISSUES Next Hearing Date: 04-10-2021 Date: 04-10-2021 Business: Court is vacant Next Purpose: FRAMING ISSUES Next Hearing Date: 15-11-2021 Date: 15-11-2021 Business: Court is Vacant Board discharged Next Purpose: FRAMING ISSUES Next Hearing Date: 25-01-2022 Date: 15-11-2021 Business: Court is Vacant Board discharged Next Purpose: FRAMING ISSUES Next Hearing Date: 25-01-2022 Date: 25-01-2022 Business: COURT IS VACANT. Next Purpose: FRAMING ISSUES Next Hearing Date: 11-03-2022 Date: 11-03-2022 Business: AS PO IS ON TRAINING Next Purpose: FRAMING ISSUES Next Hearing Date: 22-06-2022 Date: 11-03-2022 Business: AS PO IS ON TRAINING Next Purpose: FRAMING ISSUES Next Hearing Date: 22-06-2022 Date: 22-06-2022 Business: Matter called out at 12.25 pm Adv Shaunak Bhatt H/f Jayesh Bhatt for plff present None for Defendant Adv for plff requests short time to tender draft issues. Granted. Matter is adjd on 30.08.2022 for Draft Issues. Next Purpose: DRAFT ISSUES Next Hearing Date: 30-08-2022 Date: 22-06-2022 Business: Matter called out at 12.25 pm Adv Shaunak Bhatt H/f Jayesh Bhatt for plff present None for Defendant Adv for plff requests short time to tender draft issues. Granted. Matter is adjd on 30.08.2022 for Draft Issues. Next Purpose: DRAFT ISSUES Next Hearing Date: 30-08-2022 Date: 30-08-2022 Business: Adv for plff present None for defendant Record shows that NM No. 2268/2018 is already disposed off as allowed on 25.08.2021. It be shown as disposed off in CIS. Adv for plff tendered draft Ch/s a/w affidavit t.o.r Leave is granted to register Ch/s. Copies be served upon defendants and respondents. Matter is adjd on 21.10.2022 for Draft issues. Nature Of Disposal: ALLOWED Disposal Date: 30-08-2022
Additional Case Details
Additional Case Details
Filing Number: 108062/2018 Filing Date: 19-06-2018 First Hearing Date: 04th July 2018 Decision Date: 30th August 2022 Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE
Orders
4Final Order 230 Aug 2022
30 Aug 2022
Order Details: Other Pdf Text: Order on Notice of Motion No. 2268 of 2018 Adv for plff present None for defendant Record shows that NM No. 2268/2018 is already disposed off as allowed on 25.08.2021. It be shown as disposed off in CIS. Adv for plff tendered draft Ch/s a/w affidavit t.o.r Leave is granted to register Ch/s. Copies be served upon defendants and respondents. Matter is adjd on 21.10.2022 for Draft issues. -- 1 of 1 --
Interim Order 1Full order available
25 Aug 2021
Order 230 Aug 2022
30 Aug 2022
Order Details: Other Pdf Text: Order on Notice of Motion No. 2268 of 2018 Adv for plff present None for defendant Record shows that NM No. 2268/2018 is already disposed off as allowed on 25.08.2021. It be shown as disposed off in CIS. Adv for plff tendered draft Ch/s a/w affidavit t.o.r Leave is granted to register Ch/s. Copies be served upon defendants and respondents. Matter is adjd on 21.10.2022 for Draft issues. -- 1 of 1 --
Order 1Full order available
25 Aug 2021
Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 2268 OF 2018 IN SUIT NO. 3392 OF 2008 1. Shree Durgamata Premises Coop Society Ltd. (Proposed) Through Mr. Pradip Atul Mitra Age : 56 years, Occup: Business having address at Room No.10, First Floor & Others. ...Plaintiffs. V/s. 1. Nandu Tarachand Jain age about 55 years & Others. … Defendants. Appearance: Advocate Mr. Jayesh Bhatt for the Plaintiffs. Advocates Mr.…
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