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NOTICE OF MOTION

Zaverchand Devji DedhiaVsParas V. Shah - Proprietor Of Ms A. P. Corproation

CNR MHCC01007783201813-COURT 13 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 13th February 2019

TrustJury record updated 14 Sept 2026

Case Overview

Registration Number
102414/2018
Registration Date
29 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-07-2018
    Business: Plff. absent Advocate for plff. present
    Deft. absent Adv. for deft. present
    On the request of Ms.  Ld. Counsel for plff. suit is adjd to 20/07/18.
    Deft. did not filed reply in NM 2414/18 of the plaintiff.
    NM No. 2414/18 filed by plaintiff.
    NM No.2396/18 filed by defendant.
    Reply filed by adv. for plff in NM No.2396/18. t.o.r.
    Suit is adjd to 20/07/18 for NM No.2396/18 and 2414/18 hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2018
    
    Date: 20-07-2018
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2018
    
    Date: 24-09-2018
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Adv. Solanki for plaintiff present.
    Adv. Manasi Jain h/f Reena Rana for deft present.
    Adjd for argument to notice of motion to 30/01/2019
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Adv. Solanki for plaintiff present.
    Adv. Shivam Mehra for defendant present.
    Exh- 4 Adv. for defendant filed application to allow to file reply and rejoinder. t.o.r.O- Other side to say.
    Reply and rejoinder simply kept in brief.
    Adjd for filing reply on Exh-4 to 08/02/2019.
    Next Purpose: REPLY
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: Adv. Hitesh Solanki I/b Kunal Solanki for plaintiff present.
    Adv. for defendant present.
    Adv. for defendant is seeking time for argument to that adv. for plaintiff has strong objection on the ground that defendant are delaying the hearing of the suit. Adv. for plaintiff states that date cannot be given only because senior counsel of defendant is not present.
    Adv. for plaintiff has shortly argued the facts of the case and the maintainability of the defendant to defend the suit.
    The two Notice of motions are pending One is filed by the plaintiff and the other one by defendant under order 7 Rule 11 of CPC.
    Adv. for plaintiff stated that defendant cannot file the notice of motion and plaintiff is entitled for decree as defendant failed to file appearance within limitation prescribed under order 37 of CPC.
    Once the notice of motions are filed by both the parties without deciding the notice of motion the orders cannot be passed in the main suit. The defendant today is seeking time. Granted as last chance with direction to argue on next date failing which the NM will be decided without argument of defendant.
    Adv. for plaintiff stated to the Court that the defendant should give undertaking that defendant will not sell the suit flat till next date in case they are seeking date.
    Adv. for defendant is not ready for filing such undertaking when asked by the adv. for plaintiff.
    Adv. for plaintiff is insisting for passing order to that respect by the Court unless there is an application in that respect no ad-interim order can be passed.
    The NM is filed on 14/06/2018 and now NM is for hearing as the reply is filed by the other side.
    Adjd for NM argument to 11/02/2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Mr. Ritesh Solanki for Plaintiff present.
    Heard both side.
    Adjd. To 13/02/19 for order.
    Next Purpose: ORDER
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Adv. Shivam Mehra for defendants present.
    FRSR the following order is passed in NM No. 2414/18
                               ORDER
    1.  Notice of Motion is allowed
    2.  Defendant to furnish security of Rs. 15 Lacs till disposal of the suit within one month failing which, the property bearing flat No...... is attached to the extend of Rs. 15 lacs till disposal of the suit.
    3.  No order as to costs.
    Nature Of Disposal: ALLOWED
    Disposal Date: 13-02-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 108610/2018
    Filing Date: 29-06-2018
    First Hearing Date: 11th July 2018
    Decision Date: 13th February 2019
    Court Number And Judge: 13-COURT 13 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    13 Feb 2019

    Order Details: Notice of Motion Pdf Text: NM No. 241418 in Suit No.130417 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.2414 OF 2018 IN SUMMARY SUIT NO. 1304 OF 2017 (CNR NO.MHCC010077832018) Zaverchand Devji Dedhia Karta of Zaverchand Devji Dedhia HUF ….Plaintiff Versus Paras V. Shah Proprietor of M/s. A.P. Corporation ... Defendant Appearance: Shri. Ritesh Solanki, Advocate for plaintiff. Shri. Vijay Kurle, Advocate for defendant. CORUM : SMT. S.S. NAGUR, AD HOC JUDGE & ASST.…

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    Order 1Full order available
    13 Feb 2019

    Order Details: Notice of Motion Pdf Text: NM No. 241418 in Suit No.130417 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.2414 OF 2018 IN SUMMARY SUIT NO. 1304 OF 2017 (CNR NO.MHCC010077832018) Zaverchand Devji Dedhia Karta of Zaverchand Devji Dedhia HUF ….Plaintiff Versus Paras V. Shah Proprietor of M/s. A.P. Corporation ... Defendant Appearance: Shri. Ritesh Solanki, Advocate for plaintiff. Shri. Vijay Kurle, Advocate for defendant. CORUM : SMT. S.S. NAGUR, AD HOC JUDGE & ASST.…

    Read Full Order

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