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NOTICE OF MOTION

M/s. Ardh Metals and Alloys Pvt LtdVsM/s. Universal Heat Exchangers Ltd

CNR MHCC01008166201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th January 2022

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102980/2019
Registration Date
06 Aug 2019

Advocates

2

For Petitioner

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 19-08-2019
Business: None present for plaintiff.
Adv. Komal Singh for defendant present.
Ld. counsel for defendant filed registered NM 2980/19 a/w affidavit. TOR.
Matter adjd for service affidavit by defendant on 27/09/2019.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Shaikh for plaintiff present.
Adv. Komal Singh for defendant present.
Exh.6 Service affidavit filed by defendant. TOR.
Ld. counsel for defendant has given copy of draft WS to plaintiff.
Ld. Counsel for plaintiff sought time to file reply.
Matter adjd for NM reply on 18/11/2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-11-2019

Date: 18-11-2019
Business: None present for the plff.
Adv. Komal Singh for defendant present.
Matter adjd to 17/12/2019 for admission and denial.
Next Purpose: ADMISSION  DENIAL
Next Hearing Date: 17-12-2019

Date: 17-12-2019
Business: Adv. for plff absent.
Adv. Komal Singh for defendant present.
Plff advocate through clerk filed reply of NM. t.o.r. Order- Read and recorded.
On the oral request of the Ld. Adv of deft matter is adjourned.
Matter adjd for NM Hearing on 10/01/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-01-2020

Date: 10-01-2020
Business: Adv. Moman for plaintiff present.
Adv. Komal Singh for defendant present.
The Ld Adv appearing for deft has submitted that deft intends to amend prayer clause of NM by filing proper application. He also sates that he intends to file rejoinder or written notes of argument. He further states that he will try to provide copy of rejoinder or written notes of argument in advance.
Plff Advocate filed list of documents with five documents in NM. t.o.r. O-seen.
Matter adjd for NM Hearing on 26/02/2020 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Business: Adv. Abida for plaintiff present.
Adv. Komal Singh for defendant present.
On the request of Ld. Adv for defendant matter is adjourned.
Matter adjd for NM hearing to 04-04-2020 at 2.45 pm.
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
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2020

Date: 05-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2020

Date: 23-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 12-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: None for plaintiff.
Adv. Komal Singh for defendant present.
Today matter is for NM hearing.
Ld Adv for defendant submits that defendant intends to add one prayer in the NM no. 2980/19 by taking out appropriate proceeding.
The Hon\''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for NM hearing to 25-02-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-02-2021

Date: 25-02-2021
Business: Representative of plaintiff present.
Adv. Mr. Komal singh for defendant present.
Adv. for defendant filed draft chamber summons along with affidavit in support. O- Leave granted to register chamber summons.
Copy is served to the representative of plaintiff.
Adjd for Chamber summons reply/hearing to 10/06/2021
Next Purpose: C/S REPLY
Next Hearing Date: 10-06-2021

Date: 10-06-2021
Business: None present for plaintiff.
None present for defendant.
Due to rise in Covid cases.
Physically matter is not received yet from C.R. no.20.
Matter is adjd to 17.06.2021 for ch/s reply.
Next Purpose: C/S REPLY
Next Hearing Date: 17-06-2021

Date: 17-06-2021
Business: Both parties and their advocate absent.
Matter adjd for Ch/S Reply on 11.08.2021.
Reason For Adjournment: court time is over
Next Purpose: C/S REPLY
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: None for plaintiff.
Adv. Komal Singh for deft. present.
Adv. For deft. tendered registered Ch/sum No.561/21 along with affidavit. T.O.R.
Copy of Ch/sum is already served upon plaintiff on 25.02.2021.  Today, plaintiff and his advocate are absent.  They failed to file reply to Ch/sum no.561/21.
Heard Adv. For deft.
ORDER ON CH/SUM NO.561/2021
This Ch/sum is taken out by deft. for adding the prayer in N/M bearing no.2980/2019.
It is submitted on behalf of deft. that it has filed N/M bearing no.2980/2019 praying that this Court has no territorial jurisdiction to try and entertain the suit. However, in prayer clause inadvertently, it is not mentioned for rejection or return of the plaint.  Deft. wants to amend the prayer in accordance with contents in N/M.  Proposed amendment is formal in nature.  Hence, following order.
ORDER
1.   Ch/sum No.561/2021 is made absolute in terms of prayer clause (a).
2.    Deft. to carry out proposed amendment within 14 days.
3.     No order as to costs.
4.   Ch/sum No.561/2021 is disposed of accordingly.
The matter is adjd for compliance and hearing on N/M to 24.08.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2021

Date: 24-08-2021
Business: None for plaintiff.
Adv. Komal Singh for deft. present.
Exh.7 - Adv. For deft. filed application for dispensing presence of deft. for carrying out amendment as per order dated 11.08.2021.
O. - It is submitted that deft. is residing at Coimbatore, Tamilnadu and is suffering from Corona Virus.  Therefore, he could not remain present before the Court for carrying out amendment.  Considering the reason mentioned in the application, presence of the defendant is dispensed with for carrying out amendment as per order dated 11.08.2021.
After carrying out amendment, deft. is directed to serve copy of amended N/M to plaintiff.
The matter is adjd for hearing on N/M to 21.09.2021.
L.O. at 03.10 pm.
Adv. Mooman for plaintiff present.
The matter is already adjd for hearing on N/M to 21.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-09-2021

Date: 21-09-2021
Business: None for plaintiff.
Adv. Komal Singh for deft. present.
The matter is adjd for N/M hearing to 06.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2021

Date: 06-10-2021
Business: Adv. Ameena Momin h/f. Adv. Manisha Gawde for plaintiff present. Representative of plaintiff present.
Adv. Komal Singh for deft. present.
On oral request of Adv. For plaintiff, adjournment is granted for today.
The matter is adjd for N/M hearing to 18.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: In view of Office Order no.213/2021 dated 12.10.2021, holiday is declared on 18.10.2021, hence, the matter is adjd to 23.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2021

Date: 23-10-2021
Business: Adv. Mooman for plaintiff present.
Adv. Komal Singh for deft. present.
Heard arguments of Adv. For deft. on N/M No.2980/19.
Exh.8 - Written submissions filed by Adv. For deft. T.O.R.
On oral request of Adv. For plaintiff, the matter is adjd for  N/M hearing to 15.11.2021 at 02.45 pm.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-11-2021

Date: 15-11-2021
Business: Clerk Bapu Rankhambe of Adv. of plaintiff present.
Adv. Komal Singh for deft. present.
On oral request of clerk of Adv. of plaintiff, adjournment is granted for today as a last chance.
The matter is adjd for N/M hearing to 22.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: ( Called out at 04.45 pm. )
Adv. Mooman for plaintiff present.
Adv. Komal Singh for deft. present.
On oral request of Adv. For plaintiff, the matter is adjd for N/M hearing to 07.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-12-2021

Date: 07-12-2021
Business: Representative of plaintiff present.
Adv. Komal Singh for deft. present.
On oral request of representative of plaintiff, the matter is adjourned for N/M hearing as a last chance.
The matter is adjd for N/M hearing to 17.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2021

Date: 17-12-2021
Business: Adv. Mooman for plaintiff present.
Adv. Komal Singh for deft. present.
Heard arguments of Adv. For plaintiff on N/M no.2980/19.
Arguments of Adv. For deft. are already heard.
The matter is adjd for order on N/M no.2980/19 to 05.01.2022.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: None for plaintiff.
Adv. Komal Singh for deft. present.
F.R.S.R. following order is passed on N/M No.2980/19 -
ORDER
1. N/M No.2980/2019 is dismissed.
2. No order as to costs.
3. N/M No.2980/2019 is disposed of accordingly.
Nature Of Disposal: DISMISSED
Disposal Date: 05-01-2022

Additional Case Details

Additional Case Details
Filing Number: 108473/2019
Filing Date: 06-08-2019
First Hearing Date: 19th August 2019
Decision Date: 05th January 2022
Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
05 Jan 2022

Order Details: Notice of Motion Pdf Text: 1 MHCC010081662019 Presented on : 06082019 Registered on : 06082019 Decided on : 05012022 Duration : Y M D 02 03 29 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) NOTICE OF MOTION/2980/2019 IN COMMERCIAL SUIT NO.935 OF 2021 (SHORT CAUSE SUIT NO.2267 OF 2018) M/S. ARDH METALS AND ALLOYS PVT LTD a Company incorporated under the Companies Act having its office at 62/64, Khetwadi…

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