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NOTICE OF MOTION

Vinod NatesanVsElements Homestead Products Pvt. Ltd.

CNR MHCC01007970201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 09th February 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102883/2019
Registration Date
01 Aug 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 09-09-2019
Reason For Adjournment: court time is over
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 24-10-2019

Date: 24-10-2019
Business: Court is on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 25-11-2019

Date: 25-11-2019
Business: Plaintiff absent.
Defendant absent.
Adv.for plaintiff present.
Adv.Premlal Krishnan for defendant present.
As per the application for plaintiff in person matter is sent to the section for certified copy. Till R and P not received to this court.
Matter adjd to 23.12.2019 for reply.
Next Purpose: REPLY
Next Hearing Date: 23-12-2019

Date: 23-12-2019
Business: COURT IS ON VACATION
Next Purpose: REPLY
Next Hearing Date: 02-01-2020

Date: 02-01-2020
Business: Adv. Vinod Natesan plaintiff in person present
Defendant absent.
Adv. Risha Alva I/b. Adv. Biju Jacob for defendant present
Adv. Vinod Natesan plaintiff in person tender reply affidavit to notice of motion no. 2881/2019 on section 151 of the CPC filed by the defendant on 31.07.2019.
Adv. Vinod Natesan plaintiff in person tender reply affidavit to notice of motion no. 2882/2019 on order 26 rule 10A filed by the defendant on 31.07.2019.
Adv. Vinod Natesan plaintiff in person tender reply affidavit to notice of motion no. 2883/2019 on order 14 rule 2 filed on 31.07.2019 by the defendant.
Copies delivered to the advocate for defendant.
Matter adjd to 05.02.2020 for hearing on notice of motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Plaintiff in person present.
Adv.Premlal Kishan for defendant present.
Plaintiff in person tender draft notice of motion @ affidavit - Leave is granted to register notice of motion.
Matter adjd to 09.03.2020 for hearing on notice of motion/compliance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None for plaintiff
Adv Vyas for defendant filed registered NM 2882/19, 2881/19 and 2883/19 @ affidavit. t.o.r.
Adv for defendant also filed rejoinder to reply of NM 2883/19.
Adjd to 26-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-04-2021

Date: 26-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: None present for both parties.
KB
LO
Adv Vinod Natesan in person present.
Adv Mr.Ramesaram present for the defendant.
He filed register NM no.585/2020 a/w service affidavit TOR O- Filed.
He filed application for substitution of page 11 in the application for submission of additional documents dated 31.07.2019 TOR O- Other side to say.
Matter is adjd to 22.10.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None present for both parties.
KB
LO
Adv Vinod Nateson present for the plaintiff.
Adv Mr.Ramesaram present for the defendant.
ORDER
Ld advocate for defendant submits that he wants time to file reply to NM 585/2020. Considering the nature of motion time is granted with direction to file reply on next date. Failing which matter will proceed without reply.
Matter is adjd to 01.12.2021 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Plaintiff Vinod Natesan in person is present.
None for defendant.
NM No.585/2019 is filed by plaintiff. But, till today, defendant has not filed reply. The plaintiff is directed to file service affidavit of NM No.585/2019 on next date.
NM No.2881/2019, NM No.2882/2019 and NM No.2883/2019 is filed by defendant. The plaintiff has filed reply. But, defendant is absent for NM argument. Therefore, NM No.2881/2019, NM No.2882/2019 and NM No.2883/2019 be kept for passing dismissal order.
Matter is adjd. to 11/01/2022 for service affidavit of NM No.585/2020/reply, passing dismissal order on NM No.2881/2019, NM No.2882/2019 and NM No.2883/2019.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 11-01-2022

Date: 11-01-2022
Business: Plaintiff in person is present and submitted that he has already tendered service affidavit.
Plaintiff has filed affidavit of service to show that copy of NM is served on advocate of the defendant on record Mr. Biju N. Jacob. But, till today, he has not filed reply.
Matter is adjd. to 01/03/2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 01-03-2022

Date: 01-03-2022
Business: Adv. Natesan for plaintiff present.
Adv. Ramsan for defendant present.
Adv. for plaintiff filed serve rejoinder to NM 2883/2019, copy served to other side.
Adv. for defendant failed adjournment application. TOR            O-allowed. Other side to say.
Say filed by plaintiff.
KB
Later on @ 2.58 pm
Order- The NM 2881/2019 and NM 2882/2019 have filed by defendant. Record disclose that sufficient time and opportunities are granted to defendant. Mean while the NM was posted for dismissal order. The reason given in adjournment application is not proper. Therefore this adjournment granted lastly. Subject to cost of Rs. 1000/-, paid to the plaintiff by the defendant.
Cost of Rs. 1000/- is paid by defendant to plaintiff.
Matter is adjd for @NM 2883/2019@ NM2882/2019@NM 2881/2019 for NM argument and NM 585/2020 for reply to 09-03-2022
Next Purpose: FOR___________________
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: P. O. is On Leave.
Next Purpose: FOR___________________
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: Advocate Mr. Vinod Natesan plaintiff in person present.
Advocate Mr.  for defendant present.
kb
Later on
Heard argument  in NM 2881/2019, NM 2882/2019 of both side.
Matter is adjd. for NM order to 13-04-2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-04-2022

Date: 13-04-2022
Business: Advocate Mr.  Vinod Natesan plaintiff in person present.
Advocate Mr. A.S. Ramesan for defendant present.
F. R. S. R.  following order is passed:
ORDER
1.  Notice of motion No. 2881 of 2019  is hereby dismissed.
2.  Notice of motion No. 2881 of 2019 disposed of accordingly.
and
F. R. S. R.  following order is passed:
ORDER
1.  Notice of motion No. 2882 of 2019  is hereby dismissed.
2.  Notice of motion No. 2882 of 2019 disposed of accordingly.
Matter is adjd. for Compliance to 23-06-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: P. O. is on leave.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-06-2022

Date: 30-06-2022
Business: Adv. Vaibhav Kambali for Plaintiff present and filed service affidavit of ch/s no. 681/22, C/s 682/22 and N.M. 1706/22 are t.o.r.
Adv. For plaintiff filed registered ch/su 681/22, C/s 682/22 and N.M. 1706/22 are t.o.r.
Adv. Janhavi for defendant present.
	Adv. For Plaintiff requested date for service of ch/s and NM. matter Adjd to 13/09/2022.
Judge
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 13-09-2022

Date: 13-09-2022
Business: Matter pertains to C.R.No.15
None present.
Exh.24 - Copy of letter dt.08.09.2022. O-seen.
Matter Adjd for Service affidavit of CS on
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 30-09-2022

Date: 30-09-2022
Business: As court is vacant
Next Purpose: CHAMBER SUMMONS SERVICE
Next Hearing Date: 15-11-2022

Date: 15-11-2022
Business: Matter pertains to C.R.No.15
Plaintiff in-person present.
None present for defendant.
Exh.25(Already filed) - Affidavit of service of CS No.681, CS 682 and NM No.1706/22.
The defendant is duly served with the CS and NM but he failed to file reply to chamber summons and motion hence to proceed without reply of defendant.
Matter Adjd for hearing on  02/01/2023.
Next Purpose: HEARING
Next Hearing Date: 02-01-2023

Date: 02-01-2023
Business: Matter pertains to C.R.No.15
Plaintiff in-person present.
Adv. A. S. Rameshan for defendant present.
Heard plaintiff in-person. Ld. Adv. for defendant sought date.
Plaintiff in-persons strongly objected for the same. Time is granted as a last chance. Both the parties to argue on all pending NM and chamber summons.
Date given by consent.
Matter Adjd for hearing on 23/01/2023.
Next Purpose: HEARING
Next Hearing Date: 23-01-2023

Date: 23-01-2023
Business: Matter pertains to C.R.No.15
Plaintiff in-person present.
None present for defendant.
Exh.26 - Written submission in support of NM No.2883 of 2019.
Exh.27 - Written submission in support of NM No.585 of 2019.
Heard plaintiff in-person on NM No.2883 of 2019 and NM No.585 of 2020 at length.
Matter Adjd for order on NM No.2883/19  and NM 585/2020 on 09/02/2023.
Next Purpose: NM  ORDERS
Next Hearing Date: 09-02-2023

Date: 09-02-2023
Business: Matter pertains to C.R. No. 15 Plaintiff in person present. None for defendant. Order in NM 585/22 The present NM is filed for issuing process under section 191, 193, 199, 209 of I.P.C. r/w. Section 34, 120 (B) and 107 of I.P.C. The contention of Plaintiff will require evidence on merits. Hence NM No. 585/22 will be decided alongwith main suit. F.R.S.R. following order in Notice of Motion No. 2883 of 2019 in Suit no. 817 of 2015 is passed- ORDER 1. The Notice of Motion No. 2883 of 2019 is dismissed. 2. Parties to bear their own costs. In view of order in NM No. 2883/19, additional issue is framed accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 09-02-2023

Additional Case Details

Additional Case Details
Filing Number: 108518/2019
Filing Date: 01-08-2019
First Hearing Date: 09th September 2019
Decision Date: 09th February 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
09 Feb 2023

Order Details: Notice of Motion Pdf Text: MHCC010079702019 CNR NO. MHCC010079702019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.2883 OF 2019 IN S.C. SUIT NO.817 OF 2015 Vinod Natesan ]… Plaintiff. V/s. Elements Homestead Products Pvt. Ltd. ]... Defendant. Appearances : Plaintiff in person. Ld.Adv. Mr. A.S. Rameshan for defendant. CORAM : HER HONOUR JUDGE SMT. R.K. KSHIRSAGAR (C.R.NO.13) DATED : 9th February, 2023 (Matter pertains to C.R.NO.15) ORAL ORDER 1. The present Notice of Motion…

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