Order Details: Notice of Motion Pdf Text: 1 NM-3182-19 & NM-670-22 in SU-2222-17 IN THE CITY CIVIL COURT AT MUMBAI. NOTICE OF MOTION NO.3182 OF 2019 (CNR No.MHCC01-008648-2019) AND NOTICE OF MOTION NO.670 OF 2022 (CNR No.MHCC01-001931-2022) IN SUIT NO.2222 OF 2017. (CNR No.MHCC01-007268-2017) Nanak Shatishchandra Ghatalia }...PLAINTIFF. Versus Devan Shatishchandra Ghatalia & Anr. }...DEFENDANTS. ------------------------------------------------------------------------------------------------ Plaintiff in person. Shri.Mayur Shirke, learned advocate for defendant No.1. Smt.Shraddha Ghag, learned advocate for defendant No.2. ------------------------------------------------------------------------------------------------ CORAM : HIS HONOUR JUDGE SHRI.P.P.RAJVAIDYA…
NOTICE OF MOTION
Mr. Nanak Shatishchandra Ghatalia hri Raju Tejasi GalaVsMr. Devan Shatishchandra Ghatalia +1 more
CNR MHCC01008648201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 21st April 2022
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 103182/2019
- Registration Date
- 21 Aug 2019
Advocates
2For Petitioner
For Respondent
Parties
3Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 03-10-2019
Business: PO is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 02-12-2019
Date: 02-12-2019
Business: Plaintiff present.
Adv. J. K. Master for defendant no. 1 present.
Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
Case is adjourned to 17.01.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020
Date: 02-12-2019
Business: Plaintiff present.
Adv. J. K. Master for defendant no. 1 present.
Court is busy in hearing arguments of N/M no. 3002/19. Hence, board is discharged.
Case is adjourned to 17.01.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-01-2020
Date: 17-01-2020
Business: PO IS ON LEAVE.
Plaintiff in person present and filed reply to Notice of Motion NO.3182/2019. Plaintiff is directed to serve the copy to other side.
Advocate Shri. J. K. Master for D-1 present and filed original NM.No.3182/2019.
Advocate Smt. Harsha Shah for D-2 present.
Case is adjourned to 13.02.2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-02-2020
Date: 13-02-2020
Business: Plaintiff present. Intern Shene for Defendant No.1 present.
Adv. Shahzad for D/2 present and filed reply to NM 3182/19.
Copy served to other side.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 30/4/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2020
Date: 13-02-2020
Business: Plaintiff present. Intern Shene for Defendant No.1 present.
Adv. Shahzad for D/2 present and filed reply to NM 3182/19.
Copy served to other side.
As Court is busy in dictating Judgment in Suit No. 3677/11, board is discharged.
Case is adjourned to 30/4/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-04-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-05-2020
Date: 30-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-05-2020
Date: 21-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 21-05-2020
Business: Due to Covid 19 pandemic, matters are adjourned as per Office order no.78.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-06-2020
Date: 09-06-2020
Business: In view of lockdown case is adjd. to 04.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 09-06-2020
Business: In view of lockdown case is adjd. to 04.08.2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-08-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 04-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-09-2020
Date: 03-09-2020
Business: Due to covid-19, none present.
Hence, matter is adjd. to 05/11/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-11-2020
Date: 05-11-2020
Business: None present for Plaintiffs.
None present for Defendants.
It seems that due to Corona pandemic, parties are absent, hence case is adjourned to 05.02.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Business: Adv Ms. Yashomati Joshi present and by claiming herself to be the wife of the plff, seeks adjournment on behalf of the plff. by mentioning the matter in the morning session.
Adv Mr. Harshal Ghagare for deft No.1 present and filed VP at Exh.16 on behalf of deft No.1.
E-mail sent by the plff is received by this Court on 03.02.2021 of which, hard copy is marked as Exh.17 in today’s date.
Order passed on Exh.17 for the reason mentioned in this letter, adjourned till next date as advocate for deft No. 1 has no objection.
Matter is adjd. for NM hearing to 24.03.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2021
Date: 24-03-2021
Business: Court is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-06-2021
Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 07-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-09-2021
Date: 24-09-2021
Business: None present for plaintiff.
Adv. Tushar Ghaghare for D-1 present and filed two documents with pursis Exh.20.
Exh.21 VP filed by Adv. Harsha Shah for D-2. TOR.
On the basis of request made by the plaintiff by sending letter Exh.19, matter be kept on 29/10/2021 for NM hearing.
Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021
Date: 29-10-2021
Business: Plff Nanak Ghatalia in person present and mentioned the matter in the morning session. He filed affidavit in rejoinder in NM No.3182/2019. He also filed brief submissions in said NM No.3182/2019. He also filed case laws/ authorities in support of his submissions in NM No.3182/2019.
Matter is on the board of afternoon session hence, kept back.
L.O. Afternoon session.
Plff Nanak Ghatalia present in person
Adv Mr.Ghagre for deft No.1 present.
Adv Ms. Kajal Gupta for deft No.2 present.
Plff seeks time to serve on defts the copies of rejoinder and brief submissions filed by him earlier today.
Advocates for defts Nos.1 and 2 have no objection to grant time to the plff to serve copies.
By consent, matter is adjd. for service and for NM hearing to 20.11.2021 (afternoon session.)
Next Purpose: SERVICE
Next Hearing Date: 20-11-2021
Date: 20-11-2021
Business: Plff present in person.
Adv Mr. Harshal Ghagare for deft No.1 present.
Adv Ms. Harsha Shah present for deft.No.2.
K.B.
L.O. at 3.50 p.m.
Same appearance as above. Plaintiff has served copies of rejoinder and brief submissions on advocates for defts in Court today.
Adv for deft No.1 and seeks adjournment by submitting that Counsel appointed in the matter is not available today. Plff submitted that adjournment may be granted but next date in the matter may be kept in the month of January as other matters pending between the parties in other Courts/Forums will be taken up in the month of December.
By consent, matter is adjd. for NM hearing to 06.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022
Date: 06-01-2022
Business: adjd.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022
Date: 24-02-2022
Business: By preceipe.
Adv Mr. Ravindra Chile h/f Adv Harshal Ghagare for deft No.1 present and filed draft NM alongwith affidavit in support for rejection of plaint under O-7 R-11 of C.PC. O-Leave to register is granted with direction to serve the other side and by keeping open the aspect of maintainability of this NM in view of the NM filed earlier by deft No.1.
Already adjd. to 01.03.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2022
Date: 01-03-2022
Business: Plaintiff present in person.
Adv Mr. Ghagare for defendant No.1 present and tendered registered NM No.670/2022 alongwith affidavit in support.
Adv Ms. Harsha Shah present for deft.No.2.
Plaintiff endorsed reply on NM No.670/2022 that same reply as per NM No.3182/2018. When enquired, plff clarified that he has filed reply in NM No.3182/2018 and he is adopting the same reply in NM No.670/2022.
K.B.
L.O.at 3.10 p.m.
Same appearance as above.
Heard further argument of adv. for deft No1 in NM No.3182/2018 and argument in NM No.670/2022.
Heard argument of plff in those NM.
Heard rejoinder argument and further argument of plff in those NM.
Matter is adjd. for NM orders to 11.03.2022.
Next Purpose: NM ORDERS
Next Hearing Date: 11-03-2022
Date: 11-03-2022
Business: Plaintiff present in person.
None present for deft.
K.B.
L.O. at 4.25 p.m.
Plaintiff present in person and filed affidavit of service that he has sent the rejoinder and replies to the adv for defendants by E-mail, which he has forwarded to the Court by Post and E-mail.
Adv Mr. Chille for defendant No.1 present and conceded that he has received the copy of rejoinder and replies from the plaintiff however, he submitted that it should not be taken on record as plaintiff has dealt with factual aspects also therein besides the legal aspects after the matter was closed for passing order in the N.M. taken out by defendant No.1 under Order-7 Rule-10 and under Order-7 Rule-11 of C.P.C.
Though there is substance in the submission of learned Adv. for defendant No.1, for giving fair opportunities to both the sides to make their respective submissions on the pending NM, rejoinder and replies tendered by Post by the plaintiff is taken on record with liberty to the adv for defendant No.1 to file his counter written argument, if any, in that regard and also with liberty to make oral submissions. Thus the passing of order in both N.M. is postponed and matter is adjd. for further arguments in those N.M.No.3182/2019 and N.M.No.670/2022.
By consent, matter is adjd. for further argument to 31.03.2022.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 31-03-2022
Date: 31-03-2022
Business: Plaintiff present in person.
Adv Mr. Chille for defendant No.1 present.
Adv Mr. Harsha Shah for deft No.2 present.
K.B.
L.O. at 3.45 pm.
Same appearance as above.
Advocate for deft No.1 filed rejoinder argument in NM No.3182/2019 and NM No.670/2022 on behalf of deft No.1 in view of the rebuttal and replies dt.07.03.2022 of the plff. Copy given to the plff.
Adv for deft No.2 filed written argument in NM No. 3182/19 and NM No. 670/2022.
Plff has also filed closing summery of argument in NM No.3182/2019 and NM No.670/2022.
Arguments of all parties are now over in NM No.3182/2019 and NM No.670/2022 hence, matter is kept for order in those NM to 12.04.2022.
Judge
L.O.
Writ in M.A. Application No.273/2018 of which copy is at Exh.22 is received fro m Honble High Court to which, copy of order dt.29.03.2019 passed in MCA No.273/2018 is received.
Already adjd. to 12.04.2022.
Next Purpose: ORDER
Next Hearing Date: 12-04-2022
Date: 12-04-2022
Business: Court is on leave.
Next Purpose: ORDER
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: Plff present in person.
Adv Mr. Mayur Shikhre for deft No.1
None present for deft No.2
F.R.S.R. following Common Order is passed in N.M.No.3182/2019 and NM No.670/2022.
ORDER
Notice of Motion No.3182 of 2019 is dismissed.
Notice of Motion No.670 of 2022 is dismissed.
Costs in the main cause.
----
Matter is adjd. for draft issues to 18.06.2022.
Judge
L.O. at 4.25 p.m.
Adv Shraddha Ghag for deft No.2 present.
Already adjd. to 18.06.2022.
Nature Of Disposal: DISMISSED
Disposal Date: 21-04-2022Additional Case Details
Additional Case Details
Filing Number: 109196/2019 Filing Date: 21-08-2019 First Hearing Date: 03rd October 2019 Decision Date: 21st April 2022 Court Number And Judge: 62-COURT 62 AD-HOC ADDL SESSIONS JUDGE
Orders
1Final Order 1Full order available
21 Apr 2022
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