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NOTICE OF MOTION

Niru Dinesh ChabriaVsPayal Gupta - Shokey D - o Lakhpatram Agrawal

CNR MHCC0100922920192-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 15th December 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103371/2019
Registration Date
11 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: 11-09-2019
    Business: Court is on leave Hence matter adjourned
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-09-2019
    
    Date: 20-09-2019
    Business: Adv. Vyas for plaintiff present. She tendered original Notice of Motion No.3371/2019 - t.o.r.
    KB
    LO
    Adv. Archana Khan for defendant present.
    Mr. S.P. Dusane, representative of Court Receiver present and tendered meeting note dated 13.09.2019. O -  Seen and made endorsement on it.
    Written argument filed by advocate for defendant to Notice of Motion No.3371 of 2019.
    It is already 5.30 a.m. and therefore matter is adjourned for hearing on chamber summons and notice of motion.
    Adjourned for hearing to 05.10.2019 at 2.45 p.m.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2019
    
    Date: 05-10-2019
    Business: Adv. Vyas for Plaintiff present.
    Plaintiff present.
    None defendant
    Adjd.15.10.2019 to for  Ch/s hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Adv. Vyas for plaintiff present.
    Plaintiff present.
    Representative of court receiver Mr. Sachin Dusane present.
    Adv. For plaintiff submitted that adv. Archana Khan has not filed V/N and tenanted written notes of argument without V/N.
    Adv. Archana Khan has to clarify in that regard. Legal Representative of defendant no 1 Miss. Sneha Gupta present and sought adjournment.
    O- Adjournment is granted.
    Parties are also directed to make submission in relation to court receivers report no 312/16.
    Matter is adjourned for hearing on Chamber summons and notice of motion and also in relation to report no 312/16.
    Adjd for hearing to 21.11.2019
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: Adv.Miss Vyas for plaintiff present.
    None present for defendant.
    Dusane representative of court receiver present.
    As court busy in passing order in other matter,
    Adjourned to 27.11.2019 to Chamber summons hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-11-2019
    
    Date: 27-11-2019
    Business: Adv. Vyas for plaintiff present.
    Mr. Dusane representative of court receiver present.
    Plaintiff present.
    KB
    LO
    Partly heard advocate for plaintiff.
    Adjourned to 2.12.2019 for hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-12-2019
    
    Date: 02-12-2019
    Business: Vyas for plaintiff present.
    Plaintiff present.
    KB
    LO
    Adv. Khan appeared for LRS of deceased defendant no 1 in Ch/s and sought  adjournment  Granted.
    Adjourned for 6.12.2019 for Chamber summons hearing
    Next Purpose: HEARING
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: Adv. Vyas for plaintiff present.
    Plaintiff present.
    Adv. Seema Singh H/ F Adv. Archana Khan for respondent no 1  present.
    Ex 9 She filed V/N on behalf of respondent no 1 t.o.r.
    Adv. on record for respondent no 1 to clarify about status relating to respondent no 2.
    Adjourned for Chamber summons hearing and compliance to 18.12.2019.
    Next Purpose: HEARING
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: None present.
    In the interest of justice matter is adjourned for hearing and compliance.
    Adjourned for hearing to 20.01.2020
    Next Purpose: HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Adv. Vyas for plaintiff present.
    Adv. R.S. Mhamane I/B adv. Archana Khan for respondent No. 1 and defendant NO. 2 present.
    He sought time to clarify about status relating to respondent No.2.
    O- Granted as last chance.
    Adjourned for Chamber summons hearing to 30.01.2020
    Next Purpose: HEARING
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Adv. Vyas for plaintiff present.
    Adv. Mhamane for defendant present.
    As court is busy in other matter, this matter is adjourned.
    Adjourned to 11.02.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Plff present.
    Adv Vyas for plff present.
    Adv Manan Shah for respondent no. 1 and 2 in chamber summons present.
    Exh 02 - He filed VP along-with power of attorney for respondent no. 2. t.o.r.
    He seeks time to file reply on next date.  Granted.
    Matter stands Adj for CS reply to 26/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Adv Vyas for plff present.
    Adv Kulkarni for respondent no. 2 in CS present.
    Exh 11 - He filed pursis stating that application filed by Adv of deceased deft no. 1 for abatement of suit against deft no. 1 be treated as reply to CS 961/2018. t.o.r.  Copy served to Adv for plff.
    He seeks time for CS hearing.  Granted.
    Matter stands Adj for CS hearing to 21/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: None present.
    Matter stands Adj for Chs Hearing to 18.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 21-03-2020
    Business: None present.
    Matter stands Adj for Chs Hearing to 18.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 21-03-2020
    Business: None present.
    Matter stands Adj for Chs Hearing to 18.04.2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 08-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 08-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: National Lockdown
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 31-08-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 31-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: None present.
    Matter stands Adj for CS Hearing to 10/11/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    
    Date: 23-11-2020
    Business: None present.
    Adjd. To  15.12.2020 for hearing on chamber summons.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Plff present.
    Adv Jyotsna Vyas for plff present.
    None present for deft.
    Exh 12 - Adv for plff filed today order dated 26/02/2010 passed by Supreme Court in Petition(s) for Special Leave to Appeal (Civil) No. 13729/2009. t.o.r.
    Heard Adv for plff on CS 961/2018, NM 3371/2019 and Exh. 07.
    F. R. S. R. following order is passed -
    ORDER
    1. Notice of motion no.3371/2019 is allowed and made absolute in terms of prayer clause (a).
    2. Delay in filing chamber summons no.961/2018 for bringing legal heirs of defendant no.1 is condoned.
    3. Notice of motion no. 3371/2019 is disposed of.
    Matter stands Adj for compliance to 05/01/2021.
    Nature Of Disposal: ALLOWED
    Disposal Date: 15-12-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 109801/2019
    Filing Date: 11-09-2019
    First Hearing Date: 11th September 2019
    Decision Date: 15th December 2020
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    15 Dec 2020

    Order Details: Notice of Motion Pdf Text: ..1.. NM NO. 3371/2019 MHCC010092292019 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 3371/2019 IN S.C. SUIT NO.8780 OF 1998 Niru Dinesh Chhabria. ….Plaintiff Versus Payal Gupta @ Shokey d/o Lakhpatram Agarwal and others. .... Defendants. Advocates Ms. Jyotsna Vyas for the plaintiff. Advocate for defendant absent. CORAM : HIS HONOUR JUDGE Sunil T. Soor. (COURT No.: 2) DATED : 15th December, 2020 ORAL ORDER Plaintiff taken out this…

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