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NOTICE OF MOTION

Jaiprakash Arun GuptaVsNikhat Jahangir Shaikh

CNR MHCC01007707201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 18th February 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102817/2019
Registration Date
26 Jul 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Jaiprakash Arun Gupta

    Respondent

    1. 1Nikhat Jahangir Shaikh

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-08-2019
Business: Matter adjd to 01.11.2019 for directions.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-11-2019

Date: 01-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Ramesh Jain for plaintiff present.
Adv.for defendant present.
Plaintiff has tender original writ of summons.
Adv for plaintiff tender register N.M.NO. 2817/2019 .
Defendant tender reply to the notice of motion
Defendant tender written statement.
Copy delivered to the plaintiff.
Defendant tender notice to produced document.
Copy is tender to the defendant.
In view of order dated 22.07.2019 my Ld. Predecessor vied his order ad interim stage is granted in favour of plaintiff till appearance of defendant.
In response of writ of summons defendant appeared and contest the suit by filling written statement.
Moreover plaintiff has filed notice of motion which defendant constant the notice of motion by filling written reply @ notice for production of documents.
Admittedly notice of motion no. 2817/2019 be decided on merit sometime is required. However both the parties contested the order passed by My Ld Predecessor dated 22.07.2019 no doubt about that as per the mandated of commercial court act, court is bound to disposed of this suit within 6 month. This court is also try to decided the notice of motion within 50 days in the meantime to keep the peace between two parties I am of the opinion that it is necessary to extend the order passed by my Ld Predecessor dated 22.07.2019 on following condition.
ORDER
1) Ad-interim stay granted by my Ld. Predecessor is extended till next date only.
2) Both the parties are directed to file their reply/rejoinder or taking steps without fail.
3) Failure on the part of taking steps on matter unnecessarily adjourned then order dated 22.07.2019 would be considered on his own merit.
Both the parties is directed to take note of this order.
Matter adjd to 25.11.2019  for reply/argument.
Next Purpose: REPLY
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.Ramesh Jain for plaintiff present.
Adv.for defendant absent.
Defendant is absent and his advocate absent. However representative of defendant no. 2 submitted that advocate on record who represent defendant is not feeling well and therefore he could not come before the court. He orally requested to adjourned the matter, matter is adjourned as per his request.
Ad- Interim stay is granted by my Ld. Predecessor is extended till next date.
Matter adjd to 06.01.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 06-01-2020

Date: 06-01-2020
Business: Plaintiff  absent.
Defendant absent.
Adv.Ramesh Jain for plaintiff present.
Adv.Shradha Chourasia for defendant present.
Ld. counsel for defendant orally requested to adjourn the matter. Oral request is accepted.
Ad-interim stay is extended till next date.
Matter adjd to 10.02.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv.Ramesh Jain for plaintiff present.
Adv.S. Chourasia for defendant present.
Ad- interim if any continued till next date.
As court is busy in dictating judgment in Suit No. 4431/2010.
Matter adjd to 02.03.2020 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Adv.Ramesh Jain for plaintiff present.
Adv.Asif Hussain for defendant present.
Earlier order if any to continue till next date.
Matter adjd to 19/3/2020 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: Adv Ramesh Jain for plaintiff present.
As per the circular issued by Hon\''ble H.C. In view of Novel Coronavirus (COVID-19) as global pandemic by World Health Organization. No urgency. Matter adjd to 04/04/2020 for argument.
Earlier order if any to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2020

Date: 04-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2020

Date: 27-04-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-05-2020

Date: 18-05-2020
Business: As per circular issued by Hon''ble High Court. In view of COVID-19 as globel pandemic by world health organization.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2020

Date: 03-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-08-2020

Date: 05-08-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2020

Date: 18-08-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2020

Date: 07-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2020

Date: 16-09-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-10-2020

Date: 14-10-2020
Business: Court is on leave. Matter adjd to 04.11.2020 for hearing on notice of motion
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-11-2020

Date: 04-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  06 /11/ 2020 for N/M hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to  25/11/ 2020 for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-11-2020

Date: 25-11-2020
Business: Parties and their  respective advocates are absent.
Upon the directions issued by The Hon\''ble High Court,Bombay, vide Circular dated 19.9.2020 and office order no.154/2020 dtd.31/10/2020 of this Court.
Matter adjd to 18.12.2020  for hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-12-2020

Date: 18-12-2020
Business: Adv.Ramesh Jain for plaintiff present.
None for defendant.
Earlier order if any is continued .
Adjd to 11.01.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv.Mr.Ramesh Jain for plaintiff
None present for defendant.
Earlier order to continue, if any.
Matter adjd to 29.01.2021 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-01-2021

Date: 29-01-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Earlier order, if any, to continue till next date.
Matter adjd to 11.02.2021 for Argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: Adv.Ramesh Jain for plaintiff present.
None present for defendant.
Matter adjd to 18.02.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: Adv.Mr.Ramesh Jain for plaintiff present.
Adv.Laxman Shahapur for defendant No.1 present.
Adv.B.S.Meti h/f. Adv.Viraj Kadam for defendant No.2 present.
Both the advocates had not filed vakalatnama. They submits that they will file vakalatnama on next date.
             The Ld. Adv.for the plaintiff had endorsed on the notice of motion No.2817/2019 that the defendant is not the owner of the suit flat hence, the plaintiff is not pressing  the notice of motion.
           Ld. Adv. submits that he does not want to prosecute the notice of motion further. The notice of motion No.2817/2019 is disposed of as not pressed.
Nature Of Disposal: OTHER
Disposal Date: 18-02-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108300/2019
Filing Date: 26-07-2019
First Hearing Date: 13th August 2019
Decision Date: 18th February 2021
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

    Orders

    1
    Final Order 1
    18 Feb 2021
    Order Details: Notice of Motion
Pdf Text: IN THE COURT OF :COURT 32 ADD. SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0102817/2019
Jaiprakash Arun Gupta Vs Nikhat Jahangir Shaikh
Date : 18-02-2021
Business : Adv.Mr.Ramesh Jain for plaintiff present. Adv.Laxman
Shahapur for defendant No.1 present. Adv.B.S.Meti h/f.
Adv.Viraj Kadam for defendant No.2 present. Both the
advocates had not filed vakalatnama. They submits that they
will file vakalatnama on next date. The Ld. Adv.for the
plaintiff had endorsed on the notice of motion
No.2817/2019 that the defendant is not the owner of the suit
flat hence, the plaintiff is not pressing the notice of motion.
Ld. Adv. submits that he does not want to prosecute the
notice of motion further. The notice of motion
No.2817/2019 is disposed of as not pressed.
Nature of Disposal : OTHER
Disposal Date : 18-02-2021
COURT 32 ADD. SESSIONS JUDGE
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