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NOTICE OF MOTION

Smita Ambalal PatelVsMangesh Munabhai Chokshi

CNR MHCC01008222201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th April 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
103005/2019
Registration Date
07 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: 14-10-2019
Business: Plff in person present.
Adv. Vijay Nene for deft. Present.
Registered nm 3005/19 @ affidavit filed by adv. for deft.
Rejoinder filed by plaintiff. Copy supplied to adv. for deft.
Affidavit of service of summons filed by plaintiff.
Adjd. to 14.11.2019 for SJ hearing.
Next Purpose: SUMMONS FOR JUDGEMENT HEARING
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Plaintiff in person present.
Adv. Vijay Nene for defendant present.
Original SJ @ affidavit filed by plaintiff. t.o.r.
Draft Nm @ affidavit taken out by defendant.
Leave granted to register. Copy be served to OS.
Adjd. to 16.12.2019 for nm service and reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 16-12-2019

Date: 16-12-2019
Business: Plaintiff Smita Patel (in person present).
Defendant absent.
Adv. Suchita Doke for deft. Present.
Tendered original N/M no. 4407/19 @ affidavit of support. t.o.r.
Plff. in person tendered reply of NM no. 4407/19 t.o.r.
He also filed additional affidavit of the plaintiff in S/J No. 191/19 copy given to other side.
Plaint
Vakalatnama
Memorandum of address
List of documents
Adv. Suchita doke for deft filed application for undertaking t.o.r. Exh-5
Matter is adjd to 15.01.2020  for Hearing of SJ and NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Plaintiff and advocate are absent.
Adv. Vijay Nene for defendant present.
Matter is adjd to 04.03.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2020

Date: 04-03-2020
Business: Plaintiff Ms. Smita Patel in person present.
Defendant absent.
Adv. Vijay Nene for deft. Present.
Matter is adjd to 17.03.2020 for Order of N/M
Next Purpose: NM  ORDERS
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Hence matter is adjd to 30.03.2020 for N/M order.
Next Purpose: NM  ORDERS
Next Hearing Date: 30-03-2020

Date: 30-03-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: Due to Covid-19 Lockdown
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: NM  ORDERS
Next Hearing Date: 10-07-2020

Date: 10-07-2020
Business: Due to Corona pandemic.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-10-2020

Date: 08-10-2020
Business: Due to Covid-19 Lockdown
Next Purpose: NM  ORDERS
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Plaintiff in Person absent.
Defendant and his advocate are absent.
Matter is adjd to 13.01.2021 for N/M Arguments.
L.O. at 12.15 p.m.
Plaintiff in Person Present.
He requested to adjd the matter on 05.01.2021.
Matter is adjd to 05.01.2021 for N/M Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 05-01-2021

Date: 05-01-2021
Business: Plaintiff in person Present.
Defendant absent.
Adv. Vijay Nene for deft. Present.
Plaintiff in person filed reply of N/M No. 3005/19. t.o.r.
FRSR following order is passed.
ORDER
1. The Notice of Motion No.4407 of 2019 is allowed subject to cost of Rs.5,000/-. The cost shall be payable by the defendant o the plaintiff on or before next date.
2. The defendant is granted permission to file reply to summons for judgment/leave to defend on record in the interest of justice on payment of cost to the plaintiff.
3. The Notice of Motion No. 4407 of 2019 is disposed off.
Matter is adjd to 28.01.2021 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: Plaintiff in person present.
Defendant absent.
Adv. Nene for deft. Present.
Adv. For the deft. paid cost in RTGS on plff. Account.
Copy of the RTGS t.o.r. Given by the adv. For the deft. t.o.r.
Plaintiff argument heard in Notice of Motion.
And next date argument of defendant.
Matter is adjd to 12.02.2021 for N/M Arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-02-2021

Date: 12-02-2021
Business: P.O. is on leave.
Matter is adjd to 19.03.2021 for  N/M Arguements
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 19-03-2021

Date: 19-03-2021
Business: P.O. IS ON LEAVE. (Second Session)
Matter is adjd to 20.03.2021 for N/M arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-03-2021

Date: 20-03-2021
Business: Plaintiff in person present.
Defendant and his advocate are absent.
Plaintiff in person argument heard in N/M No. 3005/19.
Last chance is granted to the defendant argument in N/M No.3005/2019.
Matter is adjd to 01.04.2021 for N/M arguments for defendant.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: Plaintiff in person absent when called at 11.45 am.
Defendant absent.
Adv. Vijay V. Nene for the deft present at 11.45 a.m.
Adv. for the deft argue the N/M No. 3005/19.
Adv. For the defendant heard argument in N/M 3005/19.
L.O. At 01.00 p.m.
Plaintiff in person present.
Matter is adjd to 08.04.2021 for order of N/M.
Next Purpose: NM  ORDERS
Next Hearing Date: 08-04-2021

Date: 08-04-2021
Business: Plaintiff in person present.
Defendant and his advocate are absent.
Plaintiff in person filed pursis. t.o.r.
Order- seen and filed.
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutinize of commercial court.
Matter is adjd to 20.04.2021 for N/M orders.
Next Purpose: NM  ORDERS
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: Due to Covid-19 pandemic
As per order of the Hon\''ble Principal Judge, matter sent to various court for scrutiny of commercial cases
Matter is adjd to  30/04/2021 for N/M Orde
Next Purpose: NM  ORDERS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Business: Both the parties and their advocate are absent.
ORDER
1. The Notice of Motion No. 3005 of 2019 is dismissed.
2. The Notice of Motion No. 3005 of 2019 is disposed off.
Nature Of Disposal: DISMISSED
Disposal Date: 30-04-2021

Additional Case Details

Additional Case Details
Filing Number: 108683/2019
Filing Date: 07-08-2019
First Hearing Date: 14th October 2019
Decision Date: 30th April 2021
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
30 Apr 2021

Order Details: Notice of Motion Pdf Text: MHCC010082222019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION No.3005 OF 2019 IN SUMMARY SUIT NO.399 OF 2019 Ms. Smita Ambalal Patel A Senior Citizen, aged 63 years Occupation-Business, having her Address at 147, Mahatma Gandhi Road, Temple Bar Building, Second Floor, Opp. Kala Ghoda, Fort, Mumbai-400 001. .... Plaintiff V/s. Mr. Mangesh Manubhai Chokshi Adult, Occupation- Business, having his address at (I) 39, Sanskar Bharti Society, Near Ankur Bus…

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