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NOTICE OF MOTION

Gilroy Gabriel Mendes +3 moreVsNirvana Co-operative Housing Society Ltd. +1 more

CNR MHCC0100903920199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th February 2024

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103320/2019
Registration Date
30 Aug 2019

Advocates

1

For Respondent

    Not available

    Parties

    6

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 23-09-2019
    Business: Plff present. Adv. Dixit for the Plaintiff present.
    Adv. Pathak for Defendant present.
    Original registered N/M No.3320/19 alongwith affidavit in support tendered by the Plaintiff. t.o.r.
    Matter is adjd. to 14.10.2019 for N/M hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Business: As Court is busy in mediation matters and hearing arguments in SU 8477/86, hence board is discharged.
    Matter is adjd. to 18.12.2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv.  V. R. Tripathi for Plaintiff is present.
    Adv. Rajdeep Bude h/f Adv. Rakesh Fatak  for defendant no. 1 is present. He seeks time for argument. O granted.
    Adv. Sarang Kalmale for defendant no. 2 is present.
    Heard argument of adv.  of plaintiff.
    Matter is adjd. for argument of defendant to 30/01/2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: matter adjd to 13.03.2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: ARGUMENTS
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: ARGUMENTS
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-12-2020
    
    Date: 16-12-2020
    Business: Adv Rajesh Dixit present for the plaintiff.
    Adv Yasmin Sarang present for the defendant no. 2
    Matter is adjd. to 22.01.2021 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: Adv. Mr. Tripathi for the plaintiff.
    Adv. Yasmin  Sarang for the defendant no.2.
    None for defendant no.1.
    Matter is adjd. to 10/02/2021 for NM No.3320/2019 hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-02-2021
    
    Date: 10-02-2021
    Business: Adv. Tripathi for the plaintiff
    Adv. Pathak for the defendant No.1.
    Adv. Yasmin Sarang for the defendant No.2.
    Last chance is granted for NM hearing.
    Matter is adjd. to 03/03/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Business: Adv.   Mr. V. R. Tripathi for the plaintiff
    Adv. Mr. Rajdeep Gude h/f Adv. Mr. Rakesh Pathak for the defendant
    Advocate for the plaintiff tendered registered N/M No..1671/2020 along with affidavit in support. t.o.r.
    Matter is adjd. to 19/03/2021 for reply to NM No.1671/2020 and NM No.3320/19 hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv.V.R.Tripathi for plaintiff.
    Adv.Rakesh Pathak for defendant no.1.
    Adv.Yasmin Sarang for defendant no.2
    Reply filed by plaintiff to NM 1671/2020.
    Matter is adjd. to 12.04.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2021
    
    Date: 12-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: due to covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2021
    
    Date: 17-07-2021
    Business: Due to COIVD-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: Plaintiff NO.1 present.
    Advocate of plaintiff absent.
    Adv. Yasmin for the defendant No.1 present.
    Matter is adjd. to 27/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Adv for plaintiff absent.
    Plaintiff present.
    Adv Jasmin for defendant no. 2 present.
    Matter is adjd. to 13-12-2021 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-12-2021
    
    Date: 13-12-2021
    Business: Plaintiff present.
    Adv Rajesh Dixit present for the plaintiff.
    Adv for the plaintiff filed rejoinder TOR
    Defendant is absent. None present on his behalf. Matter is lastly adjourned for NM arguments on 03.01.2022. If defendant fails to appear and argue NM will be decided on merits.
    Matter is adjd. to 03.01.2022 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 03-01-2022
    
    Date: 03-01-2022
    Business: Court is on Leave.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. To 11.03.2022 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: COURT IS ON HALF DAY LEAVE
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 20-04-2022
    
    Date: 20-04-2022
    Business: Adv. Rajesh Dixit for plaintiff present.
    Adv. Laxmikant Patil h/f Rakesh Patel for defendant no.1 present.
    Adv. Yasmin Sarang for defendant no. 2 present.
    There is no reply filed by defendant no. 2 who was actually obstructed while compling order of this Court passed in N/m no 4155/15. Ld. Adv. Mr.Patil also seeks date on the ground that adv. on record is not present. In the circumstances matter is adjourned to 10-06-2022 for N/m hearing. Defendant no. 2 is directed to submit report to the Court regarding compliance of order in N/m 4155/15 on next date with service in advance of the same to plaintiff and defendant no.1 so that N/m no. 3320/19 can be heard on that day.
    Matter is adjd. to 10-06-2022 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2022
    
    Date: 10-06-2022
    Business: Adv.Dixit for plaintiff present.
    Adv.Pathak for defendant no. 1 present.
    Adv. Yasmin Sarang for BEST/defendant no.2  present and file pursis.Copy served to other parties.
    By consent of both parties short date is given. Matter is adjd. to 07-07-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv Tripathi for plaintiff present.
    Adv Rakesh Pathak for defendant no.1 present and submitted that short date may be given. Time is granted.
    Adv Yasmin for defendant no.2 present.
    Advocate for plaintiff is not replying on rejoinder.
    Matter is adjd. to 21/07/2022 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-07-2022
    
    Date: 21-07-2022
    Business: Adv. Tripathi for plaintiff present and filed citation of the Supreme Court.
    Adv. Patil for defendant No. 1 present.
    Adv. Yasmin Sarang for defendant no. 2/BEST present.
    As court is busy in dictating order in NM 732/22. Hence, Matter is adjd. to 27.07.2022 for arguments of the other side.
    LO at 4.28 pm.
    Adv. Rakesh Wadkar for Deft.no. 1 present.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: court is on leave
    Next Purpose: ARGUMENTS
    Next Hearing Date: 16-09-2022
    
    Date: 16-09-2022
    Business: As Court is busy in dictating order in ch/s No. 881/2022 in Suit No.3134/2019 and Judgment in Suit No. 2607/2008. Hence, Matter is adjd. to 17.11.2022 for NM arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: As Court is on leave. Hence, board is discharged and matter adjd. to
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-01-2023
    
    Date: 16-01-2023
    Business: Court is on leave.
    Hence, Board is discharged.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
    Adv. Mr. Rakesh Pathak for defendant No. 1 is present and submitted that he is going to settle the matter and seek proposal for plaintiff. Considering this fact the matter is adjourned.
    Adv. Ms. Pushpa Thapa h/f Adv. Yasmin Sarang for defendant No.2 is present.
    Matter is adjourned to 15.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2023
    
    Date: 15-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Rajesh Dixit for plaintiff present.
    Adv. Rakesh Pathak for defendant No. 1 present and filed objection to the site inspection report filed by defendant no.2. Copy supplied to other party. He also filed sur-rejoinder to NM No. 3320/19. Copy of sur-rejoinder also served to other party. He also filed affidavit of defendant no. 1.
    Adv. Yasmin Sarang for deft no. 2/BEST present.
    Matter is adjourned to 27.04.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    Business: Adv. V.R. Tripathi for plaintiff present and submitted that settlement given to the defendant.
    Adv. Rakesh Pathak for defendant No. 1 present.
    Adv. Yasmin Sarang for deft no.2/BEST present.
    Matter is adjourned to 02.05.2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: court is on leave
    Next Purpose: SETTLEMENT
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
    Adv. Mr. Rakesh Pathak for defendant No. 1 is present.
    Adv. Ms. Yasmin Sarang for defendant No.2/BEST is present.
    Adv. for the plaintiff filed reply to the affidavit filed by defendant.
    It is submitted on behalf of the both the parties the matter is likely to be settled and sought adjournment for filing terms of settlement.
    Adjourned for settlement (11:0 am) to 06.07.2023.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 06-07-2023
    
    Date: 06-07-2023
    Business: Plaintiff No. 1 is present.
    Adv. Mr. Rakesh Phatak for the defendant No. 1 is present.
    It is submitted by ld advocate for defendant No. 1 that matter is kept for settlement. However, today, the concerned Society Members are not available and hence, seeks adjournment. On his request matter is adjourned.
    Matter is adjourned to 05.09.2023 (11:00 AM) for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: The plaintiff is present.
    Adv. Mr. V.R. Tripathi for the plaintiff is present.
    Adv. Mr. Rakesh Phatak for defendant No. 1 is present and submitted that today, we have given copy of consent terms to the plaintiff and matter be adjourned.
    At the request of both the parties matter is adjourned.
    Matter is adjourned to 17.10.2023 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
    Adv. Ms. Yasmin Sarang for defendant No.2/BEST is present.
    Adv. for the plaintiff submitted that matter was adjourned for settlement. However, none for defendant i.e. Society is present and matter be kept for hearing of NM.
    Matter is adjourned to 07.12.2023 for NM hearing.
    LO at 12:58 pm.
    Adv. Mr. Rakesh Pathak for defendant No. 1 is present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Adv. Mr. V.R. Tripathi for the plaintiff is present.
    Adv. Mr. Rakesh Pathak for defendant No. 1 is present.
    Adv. Ms. Yasmin Sarang for defendant No.2/BEST is present.
    Matter is adjourned to 16.01.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2024
    
    Date: 16-01-2024
    Business: Plaintiff is present.
    Mr.Camill Dcosta for Committee member is present.
    Adv. Mr. V.R.Tripathi for plaintiff is present.
    Adv. Mr. Rakesh Pathak for defendant no.1 is present.
    Adv. Ms.Yasmin Sarang for defendant no.2 is present.
    Heard arguments of advocate for plaintiff and defendant no.1 on NM 3320/19
    Matter is adjourned to 02.02.2024 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-02-2024
    
    Date: 02-02-2024
    Business: Plaintiff no.1 is present.
    Adv. Mr.Rajesh Dixit h/f Adv. V.R.Tripathi for the plaintiff is present.
    Adv. Ms.Vanita Shinde h/f Adv. Rakesh Pathak for defendant no.1 is present.
    Adv. Ms. Yasmin Sarang for defendant no.2/BEST is present.
    As court is busy in hearing argument in NM No.3880 of 2022 in Suit No.1558 of 2022. Hence, matter is adjourned to 14.02.2024 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-02-2024
    
    Date: 14-02-2024
    Business: Plaintiff is present.
    Representative of defendant no.1 is present.
    Adv. Mr.V.R.Tripathi for plaintiff is present.
    Adv. Ms.Vanita Shinde h/f Adv. Rakesh Pathak for defendant no.1 is present.
    Adv. Ms. Yasmin Sarang for defendant no.2/BEST is present.
    F.R.S.R. the following Order is passed on NM No. 3320 OF 2019
    - O R D E R -
    1.Notice Motion No.3320/2019 in Suit No.2543/2015, is hereby made absolute in terms of prayer clause (a).
    2.Notice of Motion is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-02-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 109623/2019
    Filing Date: 30-08-2019
    First Hearing Date: 23rd September 2019
    Decision Date: 14th February 2024
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Feb 2024

    Order Details: Notice of Motion Pdf Text: ..1.. Presented on : 30.08.2019 Registered on : 30.08.2019 Decided on : 14.02.2024 Duration : 04 Ys 05 Ms 15 Ds IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.3320 OF 2019 IN SUIT NO.2543 OF 2015 (CNR NO.MHCC01-009039-2019) Gilroy Gabriel Mendes and 3 Ors. ).. Plaintiffs V/s. M/s. Nirvana CHS Ltd. and Anr. ).. Defendants. Appearances :- Ld. Adv. Mr. V. R. Tripathi for plaintiff. Ld. Adv. Mr.…

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