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NOTICE OF MOTION

The Mount Everest Co operative Housing Society Ltd ChemburVsMs Omega Investment And Propertires Ltd

CNR MHCC01008582201965-COURT 65 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 05th July 2025

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103146/2019
Registration Date
20 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: 19-10-2019
    Business: Advocate Vijay Shiktode for Plaintiff present and filed registered Notice of Motion no.3146/2019 with affidavit in support, t.o.r.  Copy served to advocate for Defendant.
    Advocate Krisha Jethani for Defendant present and submitted that today only copy of NM is served upon her and on next date she will file reply to NM.  Considering submissions adjourned
    Case is adjourned to 09/01/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-01-2020
    
    Date: 09-01-2020
    Business: Advocate Mr. Vijay Shittode for Plaintiff present
    Advocate Mr. Saurabh Chitnis for Defendants present and submitted that he is newly appointed Defendants and on next date he will file vakalatnama for Defendants.
    Case is adjourned to 21/02/2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2020
    
    Date: 21-02-2020
    Business: Advocate Mr. Vijay Shiktode for Plaintiff present.
    Advocate Mr. Chitnis for Defendant present and filed vakalatnama, t.o.r.
    Court is busy in hearing urgent matters and court has to dictate Judgment in suit no.3677/11, hence case is adjourned to 24/04/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-05-2020
    
    Date: 15-05-2020
    Business: Covid-19
    Lockdown from 23-03-2020
    Matter adj. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: Case is adjd.to 22.06.20 in view of extension of Lockdown period as per office order no.83/20 dtd.01.06.20
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Business: In view of the advisory to subordinate courts and office order no. 92 /2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Novel Coronavirus (COVID-19) the matter is adjourned.
    Adjd to 03.08.2020 for N/M reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Business: Adjd. to 24.09.2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2020
    
    Date: 24-09-2020
    Business: None present for Plaintiff.
    None present for defendant.
    Due to Covid-19, it seems that parties not turned to the court, hence adjourned to 17/12/2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2021
    
    Date: 17-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2021
    
    Date: 28-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Court is on leave, hence board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  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 exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2021
    
    Date: 30-04-2021
    Business: In view of office order No. 81/2021 dtd. 17.04.2021  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 exponential surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: Adv. for defendants present.
    None for plaintiff.
    Plaintiff to remain present on next date and proceed with the notice of motion.
    Adjd for NM hearing to 29/09/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: None for plaintiff.
    Adv. Saurabh Chitnis For defendant present.
    Adjd for NM hearing to 23/11/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Vijay Shiktode For plaintiff present.
    Adv. Saurabh Chitnis For defendant present.
    Both the parties are seeking adjournments as matter is likely to settled.
    Not ready argument. Granted as last chance.
    Adjd for NM hearing to 27/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 23-11-2021
    Business: Adv. Vijay Shiktode For plaintiff present.
    Adv. Saurabh Chitnis For defendant present.
    Both the parties are seeking adjournments as matter is likely to settled.
    Not ready argument. Granted as last chance.
    Adjd for NM hearing to 27/01/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: Dt.27/01/2022
    Suit  4577/12
    NM 3146/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 04
    None present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for notice of motion hearing to 14/03/2022.
    LO.
    Adv. Vijay Shintode for plaintiff is presetnt.
    Adv. Mangesh Sawant for defendant is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 27-01-2022
    Business: None present.
    As per office order no. 07 of 2022 and 03 of 2022 only urgent
    matters are to be taken up for hearing therefore matter is
    adjourned.
    Adjd for notice of motion hearing to 14/03/2022.
    LO.
    Adv. Vijay Shintode for plaintiff is presetnt.
    Adv. Mangesh Sawant for defendant is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Vijay Shiktode For plaintiff present.
    Adv. Saurabh Chitnis For defendant present.
    Court busy in hearing arguments in suit no. 6791/97 hence adjourned.
    Adjd for NM hearing to 22/04/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 14-03-2022
    Business: Adv. Vijay Shiktode For plaintiff present.
    Adv. Saurabh Chitnis For defendant present.
    Court busy in hearing arguments in suit no. 6791/97 hence adjourned.
    Adjd for NM hearing to 22/04/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Dt.22/04/2022
    Suit 4577/12
    NM 3146/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv.  Usha Tiwari I/b Vijay Shidtode for plaintiff present.
    Adv. Mangesh Sawant I/b Arun Panikkar for defendant present.
    Adjd for NM hearing to 26-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 22-04-2022
    Business: Dt.22/04/2022
    Suit 4577/12
    NM 3146/19
    IN THE COURT OF H.H.J. SMT. S. S. NAGUR JUDGE CITY CIVIL COURT C.R. NO. 66
    Adv.  Usha Tiwari I/b Vijay Shidtode for plaintiff present.
    Adv. Mangesh Sawant I/b Arun Panikkar for defendant present.
    Adjd for NM hearing to 26-07-2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: None for plaintiff.
    None for defendant.
    Matter is adjd.to 28-09-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: None for plaintiff.
    Adv. Mangesh Sawant I/b Arun Panikkar  for defendants no. 1 to 3 present.
    Matter is adjd.to 07-12-2022 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2022
    
    Date: 07-12-2022
    Business: None for plaintiff.
    Adv. Vinay Nair for defendant no. 1 to 3  present.
    Matter is adjd.to   10-02-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2023
    
    Date: 10-02-2023
    Business: None for plaintiff.
    Adv. Vinay Nair for defendants no. 1 to 3 present.
    Matter is adjd.to 17-04-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2023
    
    Date: 17-04-2023
    Business: None for plaintiff.
    Adv. Saurabh Chitnis for defendants no. 1 to 3 present.
    Matter is adjd.to 07-07-2023 for NM Hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2023
    
    Date: 07-07-2023
    Business: Mr. Vishal Jagtap Member of plaintiff society  present and submitted that his advocate is no more. So seek adjournment for new advocate. Time granted till next date.
    Adv. Raj J. Kapadia for defendant no. 1 to 3 present.
    Matter adjourned for n/m hearing to 21/09/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2023
    
    Date: 07-07-2023
    Business: Mr. Vishal Jagtap Member of plaintiff society  present and submitted that his advocate is no more. So seek adjournment for new advocate. Time granted till next date.
    Adv. Raj J. Kapadia for defendant no. 1 to 3 present.
    Matter adjourned for n/m hearing to 21/09/2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: P.O. is on leave, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2023
    
    Date: 21-09-2023
    Business: P.O. is on leave, matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2023
    
    Date: 22-11-2023
    Business: None  For plaintiff present.
    Adv.  Saurabh Chitnis for defendant no. 1 to 3 present.
    Matter adjourned for NM hearing to 22/02/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-11-2023
    Business: None  For plaintiff present.
    Adv.  Saurabh Chitnis for defendant no. 1 to 3 present.
    Matter adjourned for NM hearing to 22/02/2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Advocate Babita Pandey for Plaintiff present and prayed for adjournment for taking instructions from the plaintiff being newly appointed advocate. O - Granted.
    Advocate Saurabh Chitnis for defendant present.
    Matter stands adjourned on 02.04.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2024
    
    Date: 22-02-2024
    Business: Advocate Babita Pandey for Plaintiff present and prayed for adjournment for taking instructions from the plaintiff being newly appointed advocate. O - Granted.
    Advocate Saurabh Chitnis for defendant present.
    Matter stands adjourned on 02.04.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Advocate Dinesh Sonawane alongwith Advocate Vikas Shivgan h/f Advocate Babita Pandey for Plaintiff present and prayed for adjournment due to death in the family of Advocate Babita Pandey. O - Granted.
    None for defendant present.
    Later on at 03.32 pm.
    Advocate Saurabh Chitnis for defendant present.
    Matter stands adjourned on 27.06.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 02-04-2024
    Business: Advocate Dinesh Sonawane alongwith Advocate Vikas Shivgan h/f Advocate Babita Pandey for Plaintiff present and prayed for adjournment due to death in the family of Advocate Babita Pandey. O - Granted.
    None for defendant present.
    Later on at 03.32 pm.
    Advocate Saurabh Chitnis for defendant present.
    Matter stands adjourned on 27.06.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: Advocate Vikas Shivgan h/f Advocate Babita Pandey for plaintiff present and prayed for adjournment. O-Short adjournment Granted.
    None for defendant present.
    Matter stands adjourned to 31.08.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2024
    
    Date: 27-06-2024
    Business: Advocate Vikas Shivgan h/f Advocate Babita Pandey for plaintiff present and prayed for adjournment. O-Short adjournment Granted.
    None for defendant present.
    Matter stands adjourned to 31.08.2024 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-08-2024
    
    Date: 31-08-2024
    Business: P. O. is on Medical Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 31-08-2024
    Business: P. O. is on Medical Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: Presiding Officer is on visit to observation home/children home in Bombay District.
    Hence second half board is discharge.
    Matter stands adjourned on 17.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2024
    
    Date: 18-10-2024
    Business: Presiding Officer is on visit to observation home/children home in Bombay District.
    Hence second half board is discharge.
    Matter stands adjourned on 17.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: Adv. Dinesh Sonawane h/b Adv. Babita Pande for plaintiff present and prayed for grant of adjournment. Adjournment granted.
    Adv. Saurabh Chitnis i/b Adv. Arun Panikar for defendant present.
    Matter stands adjourned on 24/01/2025 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2025
    
    Date: 17-12-2024
    Business: Adv. Dinesh Sonawane h/b Adv. Babita Pande for plaintiff present and prayed for grant of adjournment. Adjournment granted.
    Adv. Saurabh Chitnis i/b Adv. Arun Panikar for defendant present.
    Matter stands adjourned on 24/01/2025 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-01-2025
    
    Date: 24-01-2025
    Business: Representative of plaintiff present.
    Adv. Shilpi Singh for defendant present.
    The suit is of the year 2012. Record reflects that on 17/01/2019 by consent of both parties the Notice of motion 1789/2014 was disposed of and following roznama was recorded.
    Adv. Mr. Rahul Bhosale for the Plaintiff present. Adv. Ms. Sujata Dahigaonkar for Defendant no. 1 present. It appears that there is ad-interim order passed in N/M no. 1789/14 and it is continued till today. It appears that on 24.07.2014 status-quo order has been passed. Hence by consent status-quo order shall remain in force till decision of the suit and accordingly N/M no. 1789/14 stands disposed of. It appears that W.S of deft nos. 1 to 3 is on record subject to further order. Matter is adjd. to 19.03.2019 for hearing on taking on record already tendered W.S / settlement, if any.
    Now Notice of motion No.3146/2019 is pending for setting aside the order passed on 17/01/2019. The record reflects that by virtue of Notice of Motion No.1789/2014. Plaintiff is not proceeding with Notice of Motion and hence posted for dismissal order.
    Matter stands adjourned on 31/01/2025 for dismissal of Notice of Motion.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: Adv. Babita Pandey for plaintiff present and filed application for change of caption. Taken on record. Marked as Exhibit-02.
    She further submitted that settlement talks are going on.
    Adv. Shilipi singh for defendant present.
    Matter stands adjourned on 07.04.2025 for settlement
    Next Purpose: SETTLEMENT
    Next Hearing Date: 10-03-2025
    
    Date: 10-03-2025
    Business: NOT ON BOARD TAKEN ON BOARD
    None for plaintiff.
    None for defendant.
    There is possibility of amicable settlement between the parties. Hence, Matter is referred to lok-adalat scheduled on 22.03.2025 for amicable settlement. Notice be issued to both the parties for appearing before lok-adalat.
    Matter is adjourned to 22.03.2025  for Lok-adalat.
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 22-03-2025
    
    Date: 22-03-2025
    Business: Matter pertaining to C.R. No.65
    Advocate for plaintiff absent.
    Advocate for defendant absent.
    Matter is adjd to 02.04.2025 for Settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-04-2025
    
    Date: 02-04-2025
    Business: None for plaintiff present.
    Adv. Vinay Nair for defendant present.
    Notice of Motion is pending since long. No steps have been taken by plaintiff to proceed with Notice of Motion hence, it is posted for dismissal order.
    Matter stands adjourned on 03/05/2025 for dismissal order of Notice of Motion.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-05-2025
    
    Date: 03-05-2025
    Business: Adv. Babita Pande for plaintiff present and filed application for change of caption. Granted. Taken on record and marked as Exhibit-3.
    Adv. Shilpa Tripathi for defendant present.
    Considering the element of settlement in the matter, same is posted in Second National Lok-Adalat scheduled to be held on 10/05/2025. Parties to take note. Accordingly, issue notice to parties.
    Matter stands adjourned on 05/07/2025 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-07-2025
    
    Date: 05-07-2025
    Business: Adv. Vikas h/f Adv. Babita Pande for plaintiff present.
    Adv. Shilpi Singh h/f Adv. Arun Pannikar for defendant No.1 present.
    None for other defendant present.
    Adv. for plaintiff has sought adjournment on the ground that the learned Adv. on record for the plaintiff could not attend the hearing today for personal reason hence, he has no instructions to advance submissions on merits of Notice of Motion No.3146/2019. He also submits that discussion for amicable settlement for dispute between parties are in progress however, learned Adv. for defendant No.1 disagrees with the submissions regarding talks of settlement. The roznama revels that earlier rounds of referral of the matter before Lok-Adalat have failed twice and no settlement could be arrived at between parties. Therefore, learned Adv. for plaintiff is requested to advance submission on merits of Notice of Motion which has been fixed for orders for dismissal since 24/01/2025. He has shown inability for want of instructions no purpose is served in keeping said Notice of Motion pending without any progress. Hence, Notice of Motion No.3146/2019 is dismissed for want of prosecution.
    Interim relief granted earlier shall continue till next date of hearing. However, if the plaintiff fails to proceed with the hearing of the matter it may be consider for vacation.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 05-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 109142/2019
    Filing Date: 20-08-2019
    First Hearing Date: 19th October 2019
    Decision Date: 05th July 2025
    Court Number And Judge: 65-COURT 65 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Jul 2025

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 65 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103146/2019 The Mount Everest Co operative Housing Society Ltd Chembur Vs Ms Omega Investment And Propertires Ltd Date : 05-07-2025 Business : Adv. Vikas h/f Adv. Babita Pande for plaintiff present. Adv. Shilpi Singh h/f Adv. Arun Pannikar for defendant No.1 present. None for other defendant present. Adv. for plaintiff has sought adjournment on the ground that the learned Adv.…

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