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NOTICE OF MOTION

Lok Nisarg Coop. Hsg Soc. LtdVsM/s. Lok Housing and Construction Ltd +2 more

CNR MHCC0100768620182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 25th September 2025

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102383/2018
Registration Date
28 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 14-08-2018
    Business: Adv.Mr.Rajeshwar for Plaintiff present.
    Adv.for Plff tendered original N/m No.2383/2018 t.o.r.
    None for defendant.
    Adjd.for affidavit of service on 25.09.2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-11-2018
    
    Date: 29-11-2018
    Business: HHJ is Nominated as trainer for training on mediation hence today Board is discharged
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-02-2019
    
    Date: 05-02-2019
    Business: Adv. Pareira for Plaintiff present.
    Adv. Pratik Thakkar for Defendant no.2 and 3 present.
    Adv for Defendant no.2 and 3 sought time to file reply.
    Adv. Tanmayee Salekar appeared for intervener and tendered draft Ch/s.
    Leave granted to register it.
    Copy given to Plaintiff and Defendant no.2 and 3.
    Plff is directed to file affidavit of service relating to Defendant no.1.
    Adj for reply to Ch/s by Plaintiff and Defendant no.2 and 3 to 14.03.2019.
    Next Purpose: REPLY
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv. Pareira for Plaintiff present.
    Adv. Thakkar for Defendant no.2 and 3 present.
    Adv. Tanmayee for applicant present.
    Registered Ch/s no.508/19 tendered by applicant t.o.r.
    Adv for Plaintiff sought time to file reply. Time is granted.
    Adj for Ch/s reply to 13.06.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: Adv. Suresh Rajeshwar for plaintiff present.
    Adv. Tanmai Salekar for intervenor present.
    Adv. Pratik Thakkar for defendant Nos.2 and 3 present.
    Advocate for defendant Nos.2 and 3 submitted that liquidation proceedings are going on.
    Advocate for plaintiff sought time to file reply to chamber summons  granted as prayed.
    Adjd. for filing reply to 19.08.2019
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: Adv. Rajeshwar for Plaintiff present.
    Adv. Yash Dhruva for defendant nos.2 and 3 present.
    Adv. Tanmayee Salekar for intervener present.
    Adv for Plaintiff sought time to file reply to Ch/s.
    He submitted that N.C.L.T. has passed some interim order.
    Adj for Ch/s reply to 05.10.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Tanmayee Salekar  for intervenor present.
    Adv. Vidya Bhosale for defendant no 1 present.
    Adv. Pratik Thakkar for defendant no 2 and 3 present.
    Reply not filed by defendant no 1 to Chamber summons
    Adjd. to 13.11.2019 for reply to Chamber summons
    Next Purpose: C/S REPLY
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff and advocate absent.
    Adv. Anjali Shah for defendant Nos.2 and 3 present.
    She submitted that company is under Liquidation process and proceeding is going on before NCLT and sought adjournment.
    Adjourned for NM hearing to 05.12.2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2019
    
    Date: 05-12-2019
    Business: None present for plaintiff.
    Adv. Anjali shah for defendant no 2 and 3 present.
    In the interest of justice adjourned to 9.01.2020 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Plff and Adv absent.
    Adv. Anjali Patel for defendant no.1 present.
    Adv. Pratik Thakkar for defendant nos.2 and 3 present.
    Plaintiff is directed to file reply to Ch/s by next date without fail.
    Matter is adjourned for reply to Ch/s to 31.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Plaintiff and advocate absent.
    Adv. Anjali Patel for defendant No.2 present.
    Reply not filed by plaintiff to chamber summons.
    Matter is proceeded further without reply of plaintiff to chamber summons and posted for hearing on chamber summons.
    Adjourned for hearing to 20.02.2020.
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 30-03-2020
    Business: adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-11-2020
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 04-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv Rajeshwar for plff present.
    Matter stands Adj for CS Hearing to 22/02/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv Rajeshwar for plff present.
    He seeks time for hearing.  Granted.
    Matter stands Adj for CS and NM Hearing to 23/03/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-07-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: Holiday declared on 03.07.2021 as per Office Order No.120 of 2021 dated 27.06.2021 due to covid-19, matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Adv Rajeshwar for plff present.
    None for deft and applicant in CS.
    Matter stands Adj for NM Hearing to 05/10/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: P. O. is on Leave.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: Adv Rajeshwar for plff present.
    Adv Aneesa Cheema for deft no. 2 and 3 present.
    She seeks time to file orders passed by NCLT.  Granted.
    None for applicant in CS.
    Matter stands Adj for NM and CS Hearing to 20/01/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv Rajeshwar for plff present.
    He seeks time to take out chamber summons.  Granted.
    Adv Pratik Thakkar for deft no. 2 and 3 present.
    He filed on record order of NCLT Tribunal. t.o.r.  Copy given to Adv for plff.
    Matter stands Adj for Taking Steps to 12/04/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Adv Rajeshwar for plff present.
    He tendered draft CS.  Leave to register granted.  Copy be served on defts and respondents.
    Matter stands Adj for Affidavit of Service to 16/06/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-06-2022
    
    Date: 16-06-2022
    Business: Adv. Rajeshwar for plaintiff present.
    He tendered register ch/s no. 612/2022.  Time granted to file reply affidavit of service
    Matter is adjd for affidavit of service to 26/07/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. Rajeshwar for plaintiff present.
    He seek time to file affidavit of service. Time granted.
    None for defendant.
    Matter is adjd for affidavit of service to 23/08/2022.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Suresh Rajeshwar for plaintiff present.
    He filed affidavit of service .TOR.
    None for defendant present.
    ch/s to proceed ex-parte.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 29/09/2022.
    Next Purpose: HEARING
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv.  Rajeshwar for plaintiff present.
    He seek time for hearing. Time granted.
    None  for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 04/11/2022.
    Next Purpose: HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv.  Rajeshwar for plaintiff present.
    None for defendant present.
    Chamber summons no. 612 of 2022 is not pressed with liberty to file fresh. Permission granted to withdraw Chamber summons with liberty.  Chamber summons no. 612 of 2022 is hereby disposed off with no order as to costs.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for hearing to 14/12/2022.
    Next Purpose: HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Adv. Cijar Parera for plaintiff present.
    He tendered draft ch/s. Leave is granted to register it. Copy be serve on other side.
    None for defendant present.
    Matter is adjourned for service to 01/02/2023.
    Next Purpose: SERVICE
    Next Hearing Date: 01-02-2023
    
    Date: 01-02-2023
    Business: Adv. Rajeshwar for plaintiff present.
    He tendered register ch/s no. 2215 of 2022. He is directed to serve copy on other side.
    None  for defendant present.
    Matter adjourned for service to 15/03/2023.
    Next Purpose: SERVICE
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: Adv.  Rajeshwar for plaintiff present.
    He filed affidavit of service. TOR.
    None for defendant present.
    FRSR following order passed in Ch/s no. 2215 of 2022 :-
    Order -
    1. Permission granted to delete/remove the name of defendant no. 2 and 3 from the suit.
    2.  The plaintiff is permitted to add proposed defendant as party defendant in the suit.
    3.  The plaintiff is permitted to carry out amendment in para no. 4 of the plaint in terms of schedule.
    4.    No order as to costs.
    Matter adjourned for compliance to 27/04/2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Adv. Parera  h/f Suresh Rajeshwar for plaintiff present.
    He seek time for compliance. Time granted.
    None for defendant present.
    Matter adjourned for compliance to 18/07/2023 on the request of advocate.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-07-2023
    
    Date: 18-07-2023
    Business: P. O. is on Leave. Hence matter adjd.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-08-2023
    
    Date: 21-08-2023
    Business: Both parties and advocate absent.
    KB
    LO at 3.15 P.M.
    Advocate Mr. Rajeshwar for plaintiff present.
    He is directed to serve amended plaint on other side.
    At the request of plaintiff advocate, matter is adjourned to 29.09.2023.
    Matter adjourned for Compliance on 29.09.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-09-2023
    
    Date: 29-09-2023
    Business: Advocate Mr. Suresh Rajeshwar for plaintiff present.
    Defendant and advocate absent.
    Matter adjourned for Compliance on 03.11.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 03-11-2023
    
    Date: 03-11-2023
    Business: PO is on leave, hence board is discharged and matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: PO is on leave, hence matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 22-12-2023
    
    Date: 22-12-2023
    Business: Secretary of plaintiff society present and seeks time to engage advocate. O- Granted.
    Defendant and advocate absent.
    Matter adjourned for Compliance on 06.02.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-02-2024
    
    Date: 06-02-2024
    Business: Advocate Ms. Prachi Mane h.f. Advocate Santosh Mahamuni for plaintiff present and seeks time. O- Granted.
    Defendant and advocate absent.
    Matter adjourned for Compliance on 12.03.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: Advocate Ms. Prachi Mane h.f. Advocate Santosh Mahamuni appears for plaintiff.
    Defendant and advocate absent.
    Matter adjourned for Compliance on 15.04.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-04-2024
    
    Date: 15-04-2024
    Business: Both parties and advocate absent.
    Matter adjourned for Compliance on 01.07.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-07-2024
    
    Date: 01-07-2024
    Business: Advocate Suraj Chaurasia appears for plaintiff and undertakes to file V/P on next date.
    Matter is adjourned for Compliance on 08.08.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-08-2024
    
    Date: 08-08-2024
    Business: Advocate Mr. Amit Kumar Tiwari for plaintiff present and seeks time. O- Granted.
    Matter is adjourned for Compliance on 05.09.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: Advocate Suraj Chourasiya i/b Amit Kumar Tiwari for plaintiff present and filed vakalatnama taken on record and marked as Exhibit-4. O- Filed.
    Defendant and advocate absent.
    Plaintiff is directed to take necessary steps.
    Matter is adjourned for Compliance on 08.10.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-10-2024
    
    Date: 08-10-2024
    Business: Advocate Ms. Nikita Janwalkar i/b Amit Kumar Tiwari for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for Compliance on 14.11.2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Advocate Ms. Ragama i/b Amit Kumar Tiwari for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for Compliance on 16.01.2025.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-01-2025
    
    Date: 16-01-2025
    Business: Advocate Medhavi Dalvi h.f. Amit Kumar Tiwari for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for C/S hearing on 25.03.2025.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-03-2025
    
    Date: 25-03-2025
    Business: Advocate Chintan Shah for plaintiff present.
    Defendant and advocate absent.
    Matter is adjourned for C/S hearing on 05.07.2025.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: Advocate Nikita Aware h.f Amit Kumar Tiwari for plaintiff is present.
    None for defendants.
    None for applicant in C/S no. 508/2019.
    Matter adjourned to 25.09.2025 for C/S hearing.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-09-2025
    
    Date: 25-09-2025
    Business: Advocate Rithik Prasad for plaintiff is present.
    None present for defendant.
    Kept back
    Later on at 4.30 P.M.
    Advocate Rithik Prasad for plaintiff is present.
    None present for defendant.
    None present for applicant in C/S 508/2019.
    It appears from record that, C/S bearing no. 508/2019 was fixed for hearing wherein neither applicant nor his advocate remained present before the Court. There is no separate application filed on record seeking adjournment. They have not persued chamber summons positively. Lots of opportunities were given but all in vein. It seems that, applicant has lost his interest to proceed with C/S. Hence it is dismissed in default for want of prosecution. Thus Chamber Summons no. bearing no. 508 of 2019 is disposed off accordingly.
    Having pondered over entire record, it unveals that since carrying out amendement in the pleading vide order dated 15.03.2023, the plaintiffs hearing have not complied with serving copy of amended plaint upon other side. The suit was consistently adjourned for compliances for dates together. The notice of motion bearing no. 2383/2018 is pending since long. Till date plaintiffs have not bothered to proceed with the same. Virtually there is no ad-interim order passed in favour of the plaintiff. Even considering the happenings in the suit which are noted in the Roznama, I believe such notice of motion being old and prolonging unnecessarily deserves dismissal with liberty to the plaintiff to file fresh motion, if compeling situation arises, if any. In the event considering the old pendency of said N/M bearing no. 2383/2018 is filed and disposed off in aforesaid terms. Accordingly, Notice of motion no. 2383/2018 is disposed off Parties to take note of this.
    Matter adjourned to 18.11.2025 for Compliance.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 25-09-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 108433/2018
    Filing Date: 28-06-2018
    First Hearing Date: 14th August 2018
    Decision Date: 25th September 2025
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    25 Sept 2025

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102383/2018 Lok Nisarg Coop. Hsg Soc. Ltd Vs 1. M/s. Lok Housing and Construction Ltd 2. M/s. Atithi Builder 3. Aristo Realtors Date : 25-09-2025 Business : Advocate Rithik Prasad for plaintiff is present. None present for defendant. Kept back Later on at 4.30 P.M. Advocate Rithik Prasad for plaintiff is present. None present for defendant. None present for…

    Read Full Order
    Order 1Full order available
    25 Sept 2025

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 02 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102383/2018 Lok Nisarg Coop. Hsg Soc. Ltd Vs 1. M/s. Lok Housing and Construction Ltd 2. M/s. Atithi Builder 3. Aristo Realtors Date : 25-09-2025 Business : Advocate Rithik Prasad for plaintiff is present. None present for defendant. Kept back Later on at 4.30 P.M. Advocate Rithik Prasad for plaintiff is present. None present for defendant. None present for…

    Read Full Order

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