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NOTICE OF MOTION

Mr. Rathin Rakhal DasVsSmt. Babi Paul And Anr

CNR MHCC01009686201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 22nd October 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103562/2019
Registration Date
23 Sept 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

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: Advocate Ms. Samiksha Kamble for Plaintiff present and sought time to file NM reply. Considering submissions adjourned.
Advocate Ms. Neeta Parkhe for Defendant present and filed registered Notice of Motion no.3562/2019 with affidavit in support, t.o.r. Defendant\''s advocate submitted on record the Written Statement. It is made clear that, said Written Statement will be accepted subject to decision of NM no.3562/19.
Case is adjourned to 24/03/2020 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
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: 22-09-2020

Date: 22-09-2020
Business: None present for Plaintiff.
None present for Defendant.
Due to Covid-19 it seems that parties not turn to court adjd. to 15-12-2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-12-2020

Date: 15-12-2020
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: None present for plff.
Adv Mr. Parkhe for deft present.
Plff failed to file reply to NM No. 3562/2019 hence, said NM to proceed without reply of the plff.
Adjd. for NM hearing without reply to 01.04.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-04-2021

Date: 01-04-2021
Business: None present for the plaintiff.
Advocate Parkhe for defendant No.1 present.
As nobody is present for the plaintiff, considering present Pandemic Condition, matter adjourned for NM hearing to 24.06.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021

Date: 24-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-08-2021

Date: 27-08-2021
Business: Plff present in person and seeks adjournment by submitting that his advocate is unable to attend this Court.
Adv Mr. Parkhe for deft No.1 present.
Matter is adjd. for NM hearing to 22.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2021

Date: 22-10-2021
Business: None present for plff.
Adv Mr.Parkhe present for deft.No.1.
Heard adv. for the deft No.1 in NM No. 3562/2019. Said NM is already ordered to proceed without reply of plff. It appears that the NM is taken out for delay condonation within 90 days from the date of service of summons and WS of the deft No.1 is already produced on record with said NM. Having regards to it and considering the statements made in the affidavit filed in support of the NM which have gone on record unchallenged, being satisfied that the delay is not intentional, NM No.3562/2019 is allowed in terms of its prayer clause “a” and WS of deft No.1  is taken on record at Exh.9.
Matter is adjd. for draft issues to 16.12.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 22-10-2021

Date: 22-10-2021
Business: None present for plff.
Adv Mr.Parkhe present for deft.No.1.
Heard adv. for the deft No.1 in NM No. 3562/2019. Said NM is already ordered to proceed without reply of plff. It appears that the NM is taken out for delay condonation within 90 days from the date of service of summons and WS of the deft No.1 is already produced on record with said NM. Having regards to it and considering the statements made in the affidavit filed in support of the NM which have gone on record unchallenged, being satisfied that the delay is not intentional, NM No.3562/2019 is allowed in terms of its prayer clause “a” and WS of deft No.1  is taken on record at Exh.9.
Matter is adjd. for draft issues to 16.12.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 22-10-2021

Additional Case Details

Additional Case Details
Filing Number: 110326/2019
Filing Date: 23-09-2019
First Hearing Date: 14th November 2019
Decision Date: 22nd October 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
22 Oct 2021
Order Details: Notice of Motion
Pdf Text: 22/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62)
41
SU 2908/18
UA
Exh.9
None present for plff.
Adv Mr.Parkhe present for deft.No.1.
Heard adv. for the deft No.1 in NM No. 3562/2019. Said NM
is already ordered to proceed without reply of plff. It appears
that the NM is taken out for delay condonation within 90 days
from the date of service of summons and WS of the deft No.1
is already produced on record with said NM. Having regards to
it and considering the statements made in the affidavit filed in
support of the NM which have gone on record unchallenged,
being satisfied that the delay is not intentional, NM
No.3562/2019 is allowed in terms of its prayer clause “a” and
WS of deft No.1 is taken on record at Exh.9.
Matter is adjd. for draft issues to 16.12.2021.
Judge*
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