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NOTICE OF MOTION

Shri. Satish Karsandas Chothani +2 moreVsDineshbhai Tuljashankar Trivedi +2 more

CNR MHCC01009655201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 21st January 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103551/2019
Registration Date
23 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

6

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 14-11-2019
Business: Court is on leave.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-02-2020

Date: 03-02-2020
Business: None present for Plaintiff. None present for Defendant.
Plaintiff is directed to tender registered NM.
Case is adjourned to 17/04/2020 for NM reply/filing registered NM by Plaintiff.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Due to lockdown case is adjd. to 10.08.2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-08-2020

Date: 10-08-2020
Business: Adjourned due to Covid-19.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Business: None present for plaintiff.
None present for Defendant.
Due to Corona it seems no parties turn to the court hence adjd. to 14/12/2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-12-2020

Date: 14-12-2020
Business: court is on Leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2021

Date: 26-02-2021
Business: Adv. Shri Pandey for defendant present and tendered registered NM NO.3551/2019. He is directed to serve plaintiff with said NM.
None present for plaintiff.
Adjourned for NM reply to 23.04.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021

Date: 23-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: None present for plaintiff.
Adv Riya Chavan for defts present.
Matter is adjd. for NM reply to 17/11/2021.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: None present for plff.
Adv Mr. Karole i/b M/s. Solicis Lex for deft present.
Court is busy in other matters hence, by consent, matter is adjd. to 06.01.2022.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2022

Date: 17-11-2021
Business: None present for plff.
Adv Mr. Karole i/b M/s. Solicis Lex for deft present.
Court is busy in other matters hence, by consent, matter is adjd. to 06.01.2022.
Judge
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: None present for plff.
Adv Mr. Deepak Shelar i/b M/s Solicis Lex present for deft.
Deft to file affidavit of service of NM No.3551/2019 on the plff as is directed in roznama dt.26.02.2021.
Matter is adjd. for affidavit of service to 23.03.2022.
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-03-2022

Date: 23-03-2022
Business: Adv Mr. Sandip Singh present for plff. and gave oral undertaking that he will file vakalatnama on behalf of plffs on next date.
Adv Ms. Avani Rathod present for deft. and filed affidavit of service in NM No.3551/2019.
Adv for plff seeks time to file NM reply.
By consent, matter is adjd. for NM reply 23.06.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-06-2022

Date: 23-06-2022
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-08-2022

Date: 04-08-2022
Business: None present for plaintiff.
Adv. Ms.P. N. Dalal for all defts. present.
ORDER IN NM NO.3551/19
        Read the service affidavit dated 23.03.2022. The plaintiffs are served with the notice of this notice of motion. They failed to file reply in NM 3551/19. Hence, NM to proceed without reply.
Matter adjd to 13.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2022

Date: 04-08-2022
Business: None present for plaintiff.
Adv. Ms.P. N. Dalal for all defts. present.
ORDER IN NM NO.3551/19
        Read the service affidavit dated 23.03.2022. The plaintiffs are served with the notice of this notice of motion. They failed to file reply in NM 3551/19. Hence, NM to proceed without reply.
Matter adjd to 13.10.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2022

Date: 13-10-2022
Business: Adv.Jitendra Tiwari for plaintiff present.
Adv.Riya Chavhan for all defendants present.
Adv. for pltff. requested time to take steps for setting aside order dated 04.08.2022. Last chance granted.
Matter adjd to 09.01.2023 for steps by pltff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-01-2023

Date: 13-10-2022
Business: Adv.Jitendra Tiwari for plaintiff present.
Adv.Riya Chavhan for all defendants present.
Adv. for pltff. requested time to take steps for setting aside order dated 04.08.2022. Last chance granted.
Matter adjd to 09.01.2023 for steps by pltff.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 09-01-2023

Date: 09-01-2023
Business: None present for plaintiff.
Adv.Jil Rathod for all defendants present.
Heard the Adv.for defendant No.1 in NM 3551/2019. No argument of the plaintiff.
Matter adjd to 21.01.2023 for order in NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: None present for plaintiffs.
Adv.Ms.Pamela Dalal for defendant present.
Heard.
ORDER IN NM 3551/2019
Read the affidavit in support of motion. Order of no written statement against defendant No.1 to 5 has been passed on 19.12.2017. This motion is taken out by the defendants for setting aside said order. The plaintiff has not filed reply to this motion. Considering the reasons stated in the affidavit in support of the motion, I am of the view to allow the motion with following order.
ORDER
1. Notice of Motion No.3551/2019 is allowed subject to costs of Rs.3,000/- (Rupees Three Thousand Only).
2. Order dated 19.12.2017 directing the suit to proceed without written statement of defendant Nos.1 to 5 is set aside.
3. Delay in filing written statement is condoned.
4. Written statement filed by defendant Nos.1 to 5 be taken on record subject to compliance of order.
5. Costs shall be paid to the plaintiffs on or before next date.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2023

Additional Case Details

Additional Case Details
Filing Number: 110197/2019
Filing Date: 23-09-2019
First Hearing Date: 14th November 2019
Decision Date: 21st January 2023
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
21 Jan 2023

Order Details: Notice of Motion Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103551/2019 1.Shri. Satish Karsandas Chothani 2.Sau. Arunaben Jitendra Katira 3.Sau. Asha Bharat Somaiya Vs 1.Dineshbhai Tuljashankar Trivedi 2.Jaysukhbhai Tuljashankar Trivedi 3.Yogesh Kiritbhai Trivedi Date : 21-01-2023 Business : None present for plaintiffs. Adv.Ms.Pamela Dalal for defendant present. Heard. ORDER IN NM 3551/2019 Read the affidavit in support of motion. Order of no written statement against defendant No.1 to 5 has…

Read Full Order

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