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NOTICE OF MOTION

Ms Rohit and CompanyVsMs Dhanashree Industries +2 more

CNR MHCC01009770201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 12th July 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103588/2019
Registration Date
24 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 15-10-2019
    Business: Plaintiff absent.
    Defendant absent.
    Adv. for plaintiff present.
    Adv. for defendant absent.
    Advocate for plaintiff tender register notice of motion no. 3588/2019 in disposed suit.
    Matter adjd to 28.04.2020 for affidavit in service.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-05-2020
    
    Date: 19-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-06-2020
    
    Date: 29-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv. Narendra Devvansh for the plaintiff/ applicant.
    None for defendant.
    Adjd. 12-03-2021.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Adv. Narendra Devoansh for plaintiff present.
    He filed service affidavit of notice of motion 3588/2019.
    Service incomplete.
    Adjd to 08/07/2021 for steps.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 08-07-2021
    
    Date: 08-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: Adv. Achal Jain for the plaintiff present
    None for defendants.
    Draft Ch/s along with affidavit in support of Ch/s tendered by advocate for the plaintiff. O-  Leave to register Ch/s is granted.
    Matter is adjd. to 03/12/2021 for tendering registered Ch/s.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 03-12-2021
    
    Date: 03-12-2021
    Business: P.O. is on leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
    Matter is adjd. to 05-04-2022 for Affidavit of Service .
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Advocate Mr. Devvanshi for plaintiff present.
    None for defendant.
    He filed register Ch/s.  No. 1753/2021. TOR
    The plaintiff has filed service affidavit alongwith close envelope. All envelope written with endorsement left and incomplete address. Considering remark the plaintiff is directed to take proper steps for service without directly asking paper publication service.
    Matter is adjd.  for steps to 15-07-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-07-2022
    
    Date: 15-07-2022
    Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
    None present for Plaintiff.
    Adjd to 05/09/2022 for steps.
                                                                                          Judge
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: As court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 29-11-2022
    
    Date: 29-11-2022
    Business: As court is vacant
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-03-2023
    
    Date: 03-03-2023
    Business: As court is vacant.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 23-06-2023
    
    Date: 23-06-2023
    Business: Adv.Anchal Jain present for plaintiff.
    None for defendant.
    Heard/
    It appears form the service report that the plaintiff attempted to serve the notice of motion by speed post but the postal envelope returned back with endorsement left address thus the given address appears to be correct as last known always. The Plaintiff is seeking service of notice by substitute service the publication in news paper, hence, I proceed to pass following order.
    Order
    1.CS No. 1753 of 2021 is allowed in terms of prayer clause A.
    2. The CS 1753/21 stands disposed off accordingly.
    Matter stands adjourned for NM hearing on 25-08-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-08-2023
    
    Date: 25-08-2023
    Business: Adv.Achal Jain present for plaintiff. Seeking time for extension of time. Time is granted.
    None present for defendant.
    Matter stands adjourned for NM hearing on 20-10-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2023
    
    Date: 20-10-2023
    Business: A presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-11-2023
    
    Date: 21-11-2023
    Business: Adv.Gourav Changrani present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for NM hearing on 12-01-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2024
    
    Date: 12-01-2024
    Business: Adv. Komal Tripathi present for plaintiff. Seeking time. Time is granted.
    None present for defendant.
    Matter stands adjourned for compliance of order in CS No.1753/21
    on 01-03-2024.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 01-03-2024
    
    Date: 01-03-2024
    
    Date: 09-05-2024
    Business: Adv.Gaurav Changrani i/b Law Chamber of Siddharth Murarka for plaintiff present. He is seeking time. Time granted.
    None present for defendant.
    Matter stands adjourned to 12.07.2024 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 12-07-2024
    
    Date: 12-07-2024
    Business: Adv.Gaurav Changrani i/b Law Chamber of Siddharth Murarka present for plaintiff.
    None present for defendant.
    Heard the counsel of plaintiff.
    It is submitted that the notice of Notice of Motion returned with the remark left, thus the plaintiff has attempted the serve the Notice of Motion upon defendant at correct address. The plaintiff was also permitted to serve the notice by paper publication. However, it is submitted by the counsel of plaintiff, now plaintiff has changed the mind, he do not want to proceed with the suit against the defendant, but plaintiff want to claim refund of court fees and submitted the application that after restoring the suit, it may be directly referred to lok-adalat, where the plaintiff will withdraw the suit. Thus, I am of the view that if the suit is restored without going into merit, definitely, it would not prejudice to the defendant. Hence, I proceed to pass following order-
    Order
    1. Notice of Motion No.3588/19 stands allowed.
    2. The Suit No.1022/15 stands restored so as to enable the plaintiff to withdraw the suit in Lok-adalat.
    3. After the restoration suit be referred to Lok-adalat dated 27-07-2024.
    4. Plaintiff is directed to appear lok-adalat without fail, in default the Notice of Motion shall dispose without reference to this court.
    Matter stands adjourned for Lok-adalat on 27-07-2024.
    Nature Of Disposal: ALLOWED
    Disposal Date: 12-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 110098/2019
    Filing Date: 24-09-2019
    First Hearing Date: 15th October 2019
    Decision Date: 12th July 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    12 Jul 2024

    Order Details: Other Pdf Text: Back Daily Status IN THE COURT OF :COURT 84 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0103588/2019 Ms Rohit and Company Vs 1. Ms Dhanashree Industries 2.Kailas Sonawane 3.Chetan Sonawane Date : 12-07-2024 Business : Adv.Gaurav Changrani i/b Law Chamber of Siddharth Murarka present for plaintiff. None present for defendant. Heard the counsel of plaintiff. It is submitted that the notice of Notice of Motion returned with the remark left, thus the plaintiff has attempted…

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