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NOTICE OF MOTION

Shri Dinesh Narayan NaikVsMrs. Rajkumari Kishanlal Julka

CNR MHCC01009154201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 01st April 2021

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103342/2019
Registration Date
07 Sept 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: 16-10-2019
    Business: Adv. Nidhi B. for plaintiff present.
    On the request of Ld. Counsel for plaintiff time is extended for writ of summons and service affidavit.
    Matter adjd for service affidavit on 05/11/2019
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: Adv. Nidhi Bangera for plaintiff present.
    Matter adjd for service affidavit on 18/11/2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 18-11-2019
    
    Date: 18-11-2019
    Business: Both Parties and their counsel absent.
    Matter adj to 16.12.19.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-12-2019
    
    Date: 18-11-2019
    Business: Both Parties and their counsel absent.
    Matter adj to 16.12.19.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Srushti Pujari for plaintiff present.
    On the oral request of the Ld counsel for the plff matter is adjourned.
    Matter adjd to 10/01/2020 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-01-2020
    
    Date: 16-12-2019
    Business: Adv. Srushti Pujari for plaintiff present.
    On the oral request of the Ld counsel for the plff matter is adjourned.
    Matter adjd to 10/01/2020 for affidavit of service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: None present.
    Kb.
    Later on at 3.20 pm.
    Adv. Needhi for plaintiff present.
    The Ld Advocate appearing for plff has submitted that copy of NM No.3342/19 and copy of plaint with writ of summons are served to deft and affidavit of service to that effect is filed today.
    Affidavit of service is taken on record. O-seen.
    Matter adjd for passing order against deft  on 30/01/2020 at 11.00 am
    Next Purpose: ORDER
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv.B.N. Poojari for plaintiff present.
    None for defendant.
    KB
    LO at 01.05 pm
    Adv. Rahul Aarote for defendant present. He undertakes to file vaklatnama.
    Today matter is for passing order against defendant for non appearance.  The Ld. Adv. for defendant submits that he received instructions to appear on behalf of the defendant. He intends to file vakalatnama.  Therefore, he seeks time to file vakalatnama and to take out appropriate proceedings for filing reply to the N/M and WS.  He further states he is waiving service of writ of summons.  The Ld. Adv. for plaintiff submits that copy of the plaint a/w annexures are already served to defendant a/w N/M  and affidavit by private service. The Ld. Adv. for defendant submits that if defendant has received the same then defendant will take out appropriate proceeding for filing written statement to the suit and reply to the NM.
    Matter adjd for taking steps by defendant to file WS and reply to the N/M to 17/02/2020 at 11.00 am.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Nidhi Bangera for plaintiff present.
    Adv. Anil Jadhav for defendant present.
    KB. L.O. at 12.31 pm
    Adv Rahul Arote for defendant present.
    Ld Adv for plff submits that the copy of plaint along with documents and NM is served to the defendant by private service. She further states that writ of summons are not served to the defendant.
    KB. L.O. at 1.04 pm.
    Perused roznama dated 30-01-2020. The Ld Adv for defendant submits that defendant is filing WS and adopting WS as reply to the NM.
    Ex.02   Ld Adv for defendant filed V/N t.o.r. O-  Seen and filed.
    Ex.03  Ld Adv for defendant filed pursis t.o.r. O-  Seen.
    Ex.04 Ld adv for defendant filed Written Statement t.o.r. O- R and R
    Matter adjd for filing draft issues and NM hearing to 03-03-2020 at 11.00 am.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2020
    
    Date: 17-02-2020
    Business: Adv. Nidhi Bangera for plaintiff present.
    Adv. Anil Jadhav for defendant present.
    KB. L.O. at 12.31 pm
    Adv Rahul Arote for defendant present.
    Ld Adv for plff submits that the copy of plaint along with documents and NM is served to the defendant by private service. She further states that writ of summons are not served to the defendant.
    KB. L.O. at 1.04 pm.
    Perused roznama dated 30-01-2020. The Ld Adv for defendant submits that defendant is filing WS and adopting WS as reply to the NM.
    Ex.02   Ld Adv for defendant filed V/N t.o.r. O-  Seen and filed.
    Ex.03  Ld Adv for defendant filed pursis t.o.r. O-  Seen.
    Ex.04 Ld adv for defendant filed Written Statement t.o.r. O- R and R
    Matter adjd for filing draft issues and NM hearing to 03-03-2020 at 11.00 am.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2020
    
    Date: 03-03-2020
    Business: Adv. Ms. Nidhi Bangera for plaintiff present
    Adv. for Plaintiff filed Draft Issues is t.o.r and marked as Ex5. O Seen. Representative of Defendant.
    Matter adjd for filing draft Issues by defendant and N.M. hearing to 14/03/2020 at 11.00 a.m.
    L.O. at 11.40 a.m.  Adv. Mausin Pathan for Defendant Present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: Adv. B.N. Poojari for plaintiff present.
    Adv. Mosin Pathan for defendant present.
    The matter is transferred to C.R. 31 as per office order no. 60/2020 dated 11-03-2020.
    Matter adjd for filing draft issues by defendant and NM hearing to 18-03-2020 at 11.00 am.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Advocate for plaintiff present and requested short adjmnt.
    Advocate for defendant is present.
    Adjourned for hearing on NM and draft issues by defendant  to 13.4.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 28-04-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    Business: National Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2020
    
    Date: 23-07-2020
    Business: National Lockdown
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2020
    
    Date: 27-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for NM hearing to 16.10.2020.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 17-09-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for NM hearing to 16.10.2020.
                                                                                   Judge
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for  hearing on Exh.5 to 02/11/2020.
    Next Purpose: HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 16-10-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for  hearing on Exh.5 to 02/11/2020.
    Next Purpose: HEARING
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Business: Advocate B. N. Poojari for plaintiff is present.
    None present for defendant.
    On oral request of advocate for plaintiff matter is adjourned for NM hearing to 26.11.2020.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 02-11-2020
    Business: Advocate B. N. Poojari for plaintiff is present.
    None present for defendant.
    On oral request of advocate for plaintiff matter is adjourned for NM hearing to 26.11.2020.
                                                                                   Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for NM hearing to 21.01.2021.
                                                                                    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 08-12-2020
    Business: Both parties and their advocates are absent when called out.
    Adjourned for NM hearing to 21.01.2021.
                                                                                    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Adv. B. N. Poojari for plaintiff is ready to argue the NM.
    None for defendant.
    Defendant is not present since lock-down. Plaintiff to intimate adv. of defendant to remain present on argument on next date.
    Matter is adjd.to 11-02-2021 for NM Argument.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv. Ms. Nidhi Bangera for plaintiff, submits that plff has complied the last date roznama.  However, none present on behalf of deft.  Plff prayed for adjd. to inform again to the deft and submit affidavit.
    None for defendant
    Matter is adjd.to 25.02.2021 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-02-2021
    
    Date: 11-02-2021
    Business: Adv. Ms. Nidhi Bangera for plaintiff, submits that plff has complied the last date roznama.  However, none present on behalf of deft.  Plff prayed for adjd. to inform again to the deft and submit affidavit.
    None for defendant
    Matter is adjd.to 25.02.2021 for NM Arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Adv. Ms. Nidhi Bangera for plaintiff present.
    Adv. Mr. Anil Jadhav for defendant present.
    Exh.6- Service affidavit submitted by plff.
    Both side ld adv. prayed for adjd as their senior is busy in other court.  Next date 19.03.2021 is granted as prayed.
    Matter is adjd.to 19.03.2021 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-03-2021
    
    Date: 25-02-2021
    Business: Adv. Ms. Nidhi Bangera for plaintiff present.
    Adv. Mr. Anil Jadhav for defendant present.
    Exh.6- Service affidavit submitted by plff.
    Both side ld adv. prayed for adjd as their senior is busy in other court.  Next date 19.03.2021 is granted as prayed.
    Matter is adjd.to 19.03.2021 for NM argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv. B. N. Pujari for plaintiff present.
    Adv. Rahul Arote for defendant present.
    Heard argument of  both sides on NM No. 3342 of 2019.
    Matter is adjd.to 01.04.2021 for Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-04-2021
    
    Date: 19-03-2021
    Business: Adv. B. N. Pujari for plaintiff present.
    Adv. Rahul Arote for defendant present.
    Heard argument of  both sides on NM No. 3342 of 2019.
    Matter is adjd.to 01.04.2021 for Orders.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-04-2021
    
    Date: 01-04-2021
    Business: None for plaintiff and defendant.
    F.R.S.R the following order is passed on NM no. 3342/19.
    ORDER
    1. Notice of Motion no. 3342/19 stands rejected.
    2. Issues are framed by this court vide Exh.7 parties may submit list of witnesses and schedule of case management hearing positively on 15.04.2021.  In default to submit list of witnesses and schedule of case management hearing, court may proceed for dismissal.
    3. NM no. 3342/19 is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 01-04-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 109745/2019
    Filing Date: 07-09-2019
    First Hearing Date: 09th September 2019
    Decision Date: 01st April 2021
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Apr 2021

    Order Details: Notice of Motion Pdf Text: N/m No. 3342/19 in Comm. Suit No. 53/19. 1 Order. MHCC010091542019 Presented on : 07-09-2019 Registered on : 07-09-2019 Decided on : 01-04-2021 Duration : 1 years, 6 months, 25 days IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3342 OF 2019 IN COMMERCIAL SUIT NO. 53 OF 2019 Shri Dinesh Narayan Naik ...Plaintiff Versus Mrs. Rajkumari Kishanlal Julka ...Defendant CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 1st APRIL,…

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