NOTICE OF MOTION
Mrs. Susheela Kapoor +1 moreVsRameshkumar Tulsiram Sachdev alias Rameshkumar Tulsiram Arora
CNR MHCC0100759520189-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 09th December 2019
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102343/2018
- Registration Date
- 26 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
3Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 09-07-2018
Business: Matter is adjd. to 12.07.2018 for Argument of deft on N/M No. 4101/2017
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 12-07-2018
Date: 12-07-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2018
Date: 06-08-2018
Business: Matter is adjd. to 04.09.2018 for further argument of deft on N/M No.4101/2017.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 04-09-2018
Date: 04-09-2018
Business: Matter is adjd. to 19.09.2018 for rejoinder argument of plff. on N/M No.4101/2017.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 19-09-2018
Date: 19-09-2018
Business: Matter is adjd. to 25.09.2018 for written submissions on N/M, if any.
Next Purpose: NM ARGUMENTS P.H.
Next Hearing Date: 25-09-2018
Date: 25-09-2018
Business: Matter is adjd. to 01.10.2018 for order on N/M No.4101/17.
Next Purpose: NM ORDERS
Next Hearing Date: 01-10-2018
Date: 01-10-2018
Business: Court is on training. hence, adjourned.
Next Purpose: NM ORDERS
Next Hearing Date: 03-10-2018
Date: 03-10-2018
Business: Matter is adjd. to 08.10.2018 for order on N/M No.4101/17
Next Purpose: NM ORDERS
Next Hearing Date: 08-10-2018
Date: 08-10-2018
Business: Matter is adjd. to 19.11.2018 for hearing on N/M No.2337/18 and 2343/18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Business: Matter is adjd. to 17.12.2018 for reply on N/M No.22343/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-12-2018
Date: 17-12-2018
Business: Matter is adjd. to 13.02.2019 for reply on N/M No.2343/18.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-02-2019
Date: 13-02-2019
Business: Adv. Mr. Sharafuddin for Plff present.
Deft No.1 present in person.
Adv. for Plff seeking time for reply.
Matter adjd. to 11/3/2019 for reply rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2019
Date: 11-03-2019
Business: Adv. for pltff present.
Adv. for deft absent.
Affidavit in reply to the nm no. 2343/18 is filed. TOR.
Matter is adjd. to 16/04/2019 for NM Reply/Rejoinder.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2019
Date: 16-04-2019
Business: Adjd for NM reply rejoinder to 21-06-2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2019
Date: 06-08-2019
Business: Court is busy in dictating Judgment in suit no.2140/17 and order on NM in suit no.234/19, hence case is adjourned to 02/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2019
Date: 02-11-2019
Business: Advocate K. V. Sharafudeen for Plaintiff present
None present for Defendant.
Plaintiff advocate submitted that if on next date Defendant will not argue NM he will argue NM.
Case is adjourned to 09/12/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2019
Date: 09-12-2019
Business: Advocate Mr. Chande for Plaintiff present.
Intern advocate Ahan Raizada for Defendant present.
Heard Notice of Motion.
ORDER ON NM 2343/18
This Notice of Motion is taken out by Defendant for condoning the delay caused for filing Written Statement. It is contended that due to ailment of Defendant he could not file Written Statement within stipulated time provided by law. It is further contended that issue regarding private trust is also involved in the suit therefore it is necessary to allow Defendant to file Written Statement by condoning delay caused in filing Written Statement.
Documents issued by Doctor Ashit Seth and Doctor Mohit Shah are also annexed to the affidavit filed in support of Notice of Motion and copy of death certificate of wife of Defendant is also annexed to affidavit in support of Notice of Motion.
Plaintiff has resisted Notice of Motion contending that all the grounds raised in the Notice of Motion are false. Vakalatnama for Defendant no.1 was filed on 17/11/2017 and there is no proper and sufficient explanation to condone the delay caused in filing Written Statement.
Intern advocate Ahan Raizada for Defendant submitted that advocate on record will argue the Notice of Motion on next date however considering nature of the Notice of Motion court has asked Plaintiff\''s advocate to argue the matter and it is submitted that proper reason for condoning delay is not given. Advocate for Plaintiff strongly resisted Notice of Motion. Considering argument advanced on behalf of Plaintiff and considering nature of Notice of Motion, I find that if Plaintiff will have contested decree it will be always better for Plaintiff. Further, as Defendant is intending to contest the matter and to disprove Plaintiff\''s case, no harm can be said to be caused to Plaintiff if Written Statement will be accepted by condoning the delay. The Defendant can be directed to file some cost for condoning the delay and thereby opportunity can be given to Defendant to contest the suit. Hence, I proceed to pass following order-
ORDER
1. Notice of Motion no.2343 of 2018 is made absolute in terms of prayer clause (a) and (b), subject to cost of Rs.1,800/- to be paid by Defendant to Plaintiff.
2. It is made clear that, Written Statement of Defendant will be accepted after the cost amount will be paid Defendant to Plaintiff.
Case is adjourned to 25/02/2020 for Compliance.
Nature Of Disposal: ALLOWED
Disposal Date: 09-12-2019Additional Case Details
Additional Case Details
Filing Number: 108331/2018 Filing Date: 26-06-2018 First Hearing Date: 09th July 2018 Decision Date: 09th December 2019 Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE
Orders
2Final Order 109 Dec 2019
09 Dec 2019
Order Details: Notice of Motion Pdf Text: Adv.Jitendra Mishra for plaintiff nos.1, 2 3 present and filed Vakalatnama at Exh.13. Adv.Ravindra Singh for plaintiff n.4 present. Adv.R.R.Sharma for defendant nos.1 and 3 to 6 present. Adv.Chetan Yadav for defendant no.2 present. Verification of Consent Terms filed by parties. Plaintiff present. Defendant nos.1 and 2 present. C.A. of defendant nos.3 to 6 present along with Copy of power of attorney executed by defendant nos.3 to 6. Consent terms filed by parties t.o.r. and marked as Exh.14. Plaintiff&amp#039s Defendant no.1 and 2 and CA of Defendant no.6 present and admitted contents of consent terms hence contents of consent terms are verified. Plaintiffs and Defendant no.1,2 and CA of Defendant no.3 to 6 are directed to sign the consent terms today before the court. ORDER BELOW EXH.1 1. Suit stands disposed off in terms of consent terms Exh.14. 2. Decree be drawn up accordingly. 3. Parties are directed to get registered said decree as Plaintiffs have relinquished their rights in favour of Defendant no.1 in respect of business and business premises. 4. Issue C.F. refund certificate as per rules. -- 1 of 1 --
Order 109 Dec 2019
09 Dec 2019
Order Details: Notice of Motion Pdf Text: Adv.Jitendra Mishra for plaintiff nos.1, 2 3 present and filed Vakalatnama at Exh.13. Adv.Ravindra Singh for plaintiff n.4 present. Adv.R.R.Sharma for defendant nos.1 and 3 to 6 present. Adv.Chetan Yadav for defendant no.2 present. Verification of Consent Terms filed by parties. Plaintiff present. Defendant nos.1 and 2 present. C.A. of defendant nos.3 to 6 present along with Copy of power of attorney executed by defendant nos.3 to 6. Consent terms filed by parties t.o.r. and marked as Exh.14. Plaintiff&amp#039s Defendant no.1 and 2 and CA of Defendant no.6 present and admitted contents of consent terms hence contents of consent terms are verified. Plaintiffs and Defendant no.1,2 and CA of Defendant no.3 to 6 are directed to sign the consent terms today before the court. ORDER BELOW EXH.1 1. Suit stands disposed off in terms of consent terms Exh.14. 2. Decree be drawn up accordingly. 3. Parties are directed to get registered said decree as Plaintiffs have relinquished their rights in favour of Defendant no.1 in respect of business and business premises. 4. Issue C.F. refund certificate as per rules. -- 1 of 1 --
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