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NOTICE OF MOTION

Tata Institute of Social Sciences - Suit St No.5143 of 2018VsThe Vice Presidnet +1 more

CNR MHCC0100746020183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 16th December 2021

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102305/2018
Registration Date
22 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Tata Institute of Social Sciences - Suit St No.5143 of 2018

    Respondent

    1. 1The Vice Presidnet
    2. 2M/s. Kalpataru Hospitality and Facilities Management Services

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 05-09-2018
Business: Matter adj. for NM Hearing to 12.11.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-11-2018

Date: 12-11-2018
Business: Matter adj. for NM Hearing to 14.03.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-03-2019

Date: 14-03-2019
Business: Matter adj. for Compliance and NM Hearing to 24.07.2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Milind Ghodake for plaintiff present and seeks time to file affidavit of service.
Defendant no. 1 ex-parte.
None present for defendant no. 2.
Matter stands Adj for filing of affidavit of service to 17.09.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Business: Court is busy in dictating order in suit no. 7423/80 and st. no. 8127/19 and  hearing arguments in NDPS spl case 54/14.
Matter stands Adj for filing affidavit of documents to 23.10.19.
Later on
Adv. Ghodake for plaintiff present and filed affidavit of service along with documents.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv. Milind Ghodke for plaintiff present.
None present for defendant.
Matter stands Adj for filing affidavit of document to 18.12.19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 18-12-2019

Date: 18-12-2019
Business: Court is busy in dictating order in Suit no. 2925/15 and 2422/17. Hence, board discharged.
Matter stands Adj for filing affidavit of documents to 21.01.2020.
Later on
Adv. Warnik for plaintiff present and prayed for postponing the date. oral request is granted with a direction to communicate the postponed date to other side.
Matter stands Adj for filing affidavit of documents to 24.01.2020.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Court is busy in dictating Order on Execution Application No.133/2019 and Review Petition No.277/19 in Stamp No.1434/18. Hence Court is discharged.
Matter stands Adj for filing affidavit of document to 26.02.2020.
Next Purpose: FILING  AFFIDAVIT OF DOCUMENT
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Milind Ghodake for plaintiff present and submitted that as per affidavit of service filed on 17.09.2019, the defendant no. 2 has been served with writ of summons by private service on 27.08.2018, as per courier acknowledgement duly signed on behalf of defendant no. 2. But, defendant no. 2 has failed to appeared  before the court. Hence, Ex-parte order may be passed.
In view of the above, suit to proceed ex-parte against defendant no. 2.
None present for defendant.
Matter stands Adj for Ex-parte Evidence to 30.04.2020.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 30-04-2020

Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 21-05-2020

Date: 21-05-2020
Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 02-07-2020

Date: 02-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 07-01-2021

Date: 07-01-2021
Business: None present.
The case is adjourned to 06.02.2021 for filing affidavit of documents.
Next Purpose: EX-PARTE EVIDENCE
Next Hearing Date: 06-02-2021

Date: 06-02-2021
Business: Advocate Milind Ghodke for plaintiff present and seeks time for hearing on motion.
None for defendants.
The case is adjourned to 22.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2021

Date: 22-03-2021
Business: Advocate V.K.Warnik for plaintiff present and submits that defendants 1 and 2 are proceeded ex-parte. Defendant no. 1 had made a statement on 11.04.2018. According to him said statement can be continued and NM can be disposed of.
On pointing out the nature of statement, advocate for Plaintiff sought time to argue the Notice of Motion.
Time is granted.
The case is adjourned to 29.04.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Adjourned due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2021

Date: 23-07-2021
Business: Court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Matter called out at 3.54 p.m.
Adv. V. K. Washnik for plaintiff.
None present for defendant.
Matter stands adjourned to 20.11.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2021

Date: 20-11-2021
Business: Court is on leave. Hence, board is discharged.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Matter called out at 4.15 p.m.
Adv. Wasnik for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff.
Admittedly, at present there is no situation of strike as was there on 27.03.2018.  On 11.04.2018, Deft. Mr. Virendra Bhat, Union secretary had appeared and made a statement that the strike is already postponed and they will not go on the strike till next date.
Admittedly, thereafter union has not declared any strike. Thus, looking to the aforesaid fact, I am of the view, that there is no necessity of interim order as such at present. The plaintiff is at liberty to file fresh NM as an when occasion arises. Hence, NM No.2305/18 is disposed of with liberty to the plaintiff to file afresh NM as an when situation arose.
Defendants already proceeded exparte.
Matter stands adjourned to 02.03.2022 exparte evidence.
Nature Of Disposal: OTHER
Disposal Date: 16-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108193/2018
Filing Date: 22-06-2018
First Hearing Date: 05th September 2018
Decision Date: 16th December 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    16 Dec 2021
    Order Details: Other
Pdf Text: 16.12.2021
Sr. No. 54
SU 2078/18
@NM 2305/18
CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 4.15 p.m.
Adv. Wasnik for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff.
Admittedly, at present there is no situation of strike as was there on
27.03.2018. On 11.04.2018, Deft. Mr. Virendra Bhat, Union secretary had
appeared and made a statement that the strike is already postponed and they
will not go on the strike till next date.
Admittedly, thereafter union has not declared any strike. Thus, looking to the
aforesaid fact, I am of the view, that there is no necessity of interim order as
such at present. The plaintiff is at liberty to file fresh NM as an when occasion
arises. Hence, NM No.2305/18 is disposed of with liberty to the plaintiff
to file afresh NM as an when situation arose.
Defendants already proceeded exparte.
Matter stands adjourned to 02.03.2022 exparte evidence.
Judge
-- 1 of 1 --
    Order 1
    16 Dec 2021
    Order Details: Other
Pdf Text: 16.12.2021
Sr. No. 54
SU 2078/18
@NM 2305/18
CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 4.15 p.m.
Adv. Wasnik for plaintiff present.
None present for defendant.
Heard Ld. Advocate for plaintiff.
Admittedly, at present there is no situation of strike as was there on
27.03.2018. On 11.04.2018, Deft. Mr. Virendra Bhat, Union secretary had
appeared and made a statement that the strike is already postponed and they
will not go on the strike till next date.
Admittedly, thereafter union has not declared any strike. Thus, looking to the
aforesaid fact, I am of the view, that there is no necessity of interim order as
such at present. The plaintiff is at liberty to file fresh NM as an when occasion
arises. Hence, NM No.2305/18 is disposed of with liberty to the plaintiff
to file afresh NM as an when situation arose.
Defendants already proceeded exparte.
Matter stands adjourned to 02.03.2022 exparte evidence.
Judge
-- 1 of 1 --

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