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NOTICE OF MOTION

Mangal JewllersVsNirmal Gagubhai Chhadwa +1 more

CNR MHCC0100763820193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 30th September 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102766/2019
Registration Date
24 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-08-2019
    Business: Adv. Agrawal for Plaintiff present.
    Adv. Nidhi Chheda for defendant present.
    Matter stands Adj for NM Hearing to 23.09.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-09-2019
    
    Date: 23-09-2019
    Business: Adv. Ishwarlal Agrawal for plaintiff present.
    Adv. Aakash Nilay for defendant present and sought time to file reply to the NM. He also submitted that he has received the copy of draft NM and will file reply on the next date.
    Ld. counsel for plaintiff submitted that last chance may be granted to file reply.
    
    In view of submissions made before the court, time granted to Ld. counsel for defendant to file reply with a directions to supply the copy to other side well in advance before next date.
    Matter stands Adj for reply to NM on 04.11.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    
    Date: 18-12-2019
    
    Date: 14-02-2020
    
    Date: 24-02-2020
    
    Date: 13-03-2020
    
    Date: 16-03-2020
    
    Date: 24-03-2020
    
    Date: 03-04-2020
    
    Date: 17-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view 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: 15-06-2020
    
    Date: 15-06-2020
    
    Date: 14-08-2020
    
    Date: 26-10-2020
    
    Date: 16-12-2020
    
    Date: 22-01-2021
    Business: Advocate Mangesh Dongre for plaintiff present.
    Advocate Bharucha for defendants present and sought time. Time is granted.
    The case is adjourned to 11.02.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    
    Date: 18-03-2021
    
    Date: 20-04-2021
    Business: Adjourned due to COVID-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: PO is on leave in second session.
    Hence, Court is discharge.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: NOBTOB
    Moved by praecipe – Allowed.
    Matter called out at
    Adv. Sheetal Shah I/b M/s Mehta & Girdharla for plaintiff present.
    As court is busy in dictating NM orders in SU No. 1821/10 to SU No. 1825/10 and CS orders in SU No. 1391/18.
    Matter stands adjourned to 30.09.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Matter mentioned at 4.48 p.m.
    Adv. Sheetal Shah a/w Mr. Yazad Udwadia I/b M/s Mehta and Girdharlal for plaintiff present.
    Adv. Burzin Bharucha for defendant present.
    Heard both the sides.
    The plaintiff took out present NM No. 2766/19 for restoration of suit. It is contended by her that the suit is beyond pecuniary jurisdiction of this court. She is seeking liberty to return the plaint to be placed before appropriate forum.
    Ld. advocate appearing for defendants have no objection. Hence, in view of the above.
    ORDER
    NM No. 2766/19 is allowed in terms of prayer clause (a), (b) and (c).
    The suit be restored to its original file.
    After restoration of suit plaint be returned to the plaintiff as per order 7 rule 10 of CPC for proper presentation.
    In view of the above, NM is disposed of accordingly.
    In view of order passed in NM No. 2766/19, the suit is restored.  Due to lack of pecuniary jurisdiction. Plaint is returned to the plaintiff for presentation before the appropriate court.
    In view of that, suit be removed from CIS.
    Matter stands adjourned to 10.11.2021 for compliance.
    Nature Of Disposal: ALLOWED
    Disposal Date: 30-09-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108176/2019
    Filing Date: 24-07-2019
    First Hearing Date: 07th August 2019
    Decision Date: 30th September 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Sept 2021

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 03 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102766/2019 Mangal Jewllers Vs 1. Nirmal Gagubhai Chhadwa 2. Leena Nirmal Chhadwa Date : 30-09-2021 Business : Matter mentioned at 4.48 p.m. Adv. Sheetal Shah a/w Mr. Yazad Udwadia I/b M/s Mehta and Girdharlal for plaintiff present. Adv. Burzin Bharucha for defendant present. Heard both the sides. The plaintiff took out present NM No. 2766/19 for restoration of suit. It…

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