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NOTICE OF MOTION

Jayesh Digamber PadgaonkarVsRakesh Prabhu Pandit And Anr

CNR MHCC0100809120193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 06th October 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102944/2019
Registration Date
05 Aug 2019

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: 14-08-2019
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Adv. Roma Bhende for plaintiff present and she tendered the original NM no. 2944/19 along with affidavit and submitted that she could not served the NM to other side and wants time for the same. Time granted.
    None present for defendant.
    Matter stands Adj for service of NM to  22.10.19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Roma Bhende for plaintiff present and submitted that she has served the copy of NM on other side. The defendant no. 2 could not be served due to change of address. Ld. counsel seeks time to take necessary steps.
    Adv. Aditya Nilkanth for defendant no. 1 present and he undertakes to file VP on next date and seeks time to file reply to NM. Time granted.
    Heard both sides.
    Matter stands Adj for NM reply and filing VP by defendant no. 1 and taking steps by plaintiff to 16.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Court is busy in dictating Judgment in suit no. 76/18 and order in suit no. 226/18. Hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: Adv. Roma Bhende for plaintiff present.
    Adv. Tejas Agrawal for defendant no. 1 present and filed VP on behalf of defendant no. 1. He also sought time to file reply to NM on the ground that he could not get all the papers. Time granted.
    Ld. counsel for plaintiff submitted that she will supply the available papers to Ld. counsel for defendant no. 1 by next date and also informed that the defendant no. 2 could not be served and requested Ld. counsel for defendant no. 1 whether he can provide her contact details of defendant no. 2.
    In view of the above, Matter stands Adj for reply to NM and taking steps to 27.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    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: REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    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: REPLY
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Business: Court is on leave
    Next Purpose: REPLY
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for Reply to 15.02.2021.
    Next Purpose: REPLY
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Advocate Ms. Niti Shah h/f adv. Swati Gautam for plaintiff present.
    Advocate Ms. Ankita Chauradia h/f adv. Tejas Agarwal for defendant no. 1 present and submit that the Plaintiff has served all the papers on defendant no.1.
    The case is adjourned to 01.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
    The case is adjourned to 18.06.2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: In view of office order No. 120/2021 dtd. 27.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: Matter called out at
    Adv. Roma Bhende for plaintiff present.
    Adv. Varun Nair I/b I C Legal for defendant no. 1 present.
    Defendant no. 1 tendered reply to NM. Copy served to other side.
    Matter stands adjourned to  02-09-2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-09-2021
    
    Date: 02-09-2021
    Business: Matter called out at 04.07 p.m.
    Adv. Roma Bhenda I/b Mrs. Swati P. Gautam for plaintiff present.
    Adv. Varun Nair for Deft. No. 1 present.
    Adv. Varun Nair for defendant informed that his senior is in personal difficulty. Therefore, he is seeking time. Time granted by way of last chance.
    Matter stands adjourned to 27.09.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Matter called out at 3.49 p.m.
    Adv. Roma Bhende h/f Swati P. Gautam for plaintiff present.
    Adv. Tejas Agarwal a/w Varun nair I/b IC Legal for Deft. No. 1 present.
    Matter stands adjourned to 28.09.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: CORAM :- H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
    Matter called out at 5.14 p.m.
    Adv. Roma Bhende h/f Adv. Swati Gautam for plaintiff present.
    Adv. Tejas Agarwal a/w Adv. Varun Nair I/b IC Lega for Deft. No. 1 present.
    Heard both the sides.
    Close for orders.
    Matter stands adjourned to 05.10.2021 for orders.
                                                                                   Judge
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: None present.
    Matter stands adjourned to 06.10.2021 for NM orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: None present.
    Following F.R.S.R. order is passed in NM No. 2944/19.
    ORDER
    1.  Notice of Motion No. 2944/19 is hereby allowed in terms of prayer clauses(a) to (c), subject to payment of costs of Rs.5,000/- to the defendant.
    2.  The order dated 21.6.2014 is hereby recalled.
    3.  The Suit to restore its original file.
    4.  Parties to bear their own costs.
    5.  In view of above, the Notice of Motion is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 06-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 108620/2019
    Filing Date: 05-08-2019
    First Hearing Date: 14th August 2019
    Decision Date: 06th October 2021
    Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Oct 2021

    Order Details: Notice of Motion Pdf Text: 1 NM 2944/19 in Suit 7306/96 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.2944/2019 (CNR No.MHCC010080912019) IN S.C. SUIT NO.7306/1996 (H.C Suit No. 242/1996) Mr. Jayesh Digamber Padgaonkar ...Plaintiff Versus 1. Prakash Prabhu Pandit, 2. Jaswant C. Raval ...Defendants Appearances : Adv. Mrs. Swati P. Gautam for plaintiff. Adv. Mr. Tejas Agarwal a/w Adv. Mr Varun Nair i/b IC Legal for defendant no.1. Coram : His Honour Judge…

    Read Full Order

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