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TRANSFER APPL

Mr. Kumar Nanak RaiVsMs. Simran Ajay Lalchandani

CNR MHCC01009928201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 01st March 2021

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
100220/2019
Registration Date
27 Sept 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 24

    Case History / Proceedings

    Case History
    Date: 30-09-2019
    Business: Adv. R. V. Sipahimalani i/b Adv. Ms. S. V. Vadhavkar for applicant is present.
    Issue Notice to respondent.
    Adjourned to 10.10.2019 for Service.
    Next Purpose: SERVICE
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. R. V. Sipahimalani h/f Adv. Saurabhi Vadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present and undertakes to file vakalatnama and reply on next date.
    Adjourned to 16.10.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Adv. Saurabhi V. Vadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present and filed Vakalatnama. TOR and marked as Exh.2.
    Advocate for respondent also filed reply. TOR and marked as Exh.3.
    Copy served to other side.
    Adjourned to 22.10.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Business: Adv. Surabhi Vadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present.
    Exh.4 - Affidavit in rejoinder of applicant.
    Exh.5 - Affidavit of applicant recording further events.
    Copies are served to other side.
    Adjourned to 07.11.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Adv. Surbhi Vadhawkar for applicant is present.
    Adv. R. G. Bhat a/w Adv. Sanjay Sinha for respondent is present and filed Sur-Rejoinder (reply to Exh.5). TOR and marked as Exh.6.
    Adjourned to 13.11.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Adv. Surabhi Vadhavkar for applicant is present.
    Adv. Mr. R. G. Bhat a/w Adv. Sanjay Sinha for respondent is present.
    Adjourned to 20.11.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-11-2019
    
    Date: 20-11-2019
    Business: Adv. Surabhi Wadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present.
    Adjourned to 29.11.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: Adv. Surabhi Wadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present.
    In view of the telephonic intimation of Shri. Chandekar, P.P.S. to the Honble Chief Justice, the Judicial Work is stopped by H. H. Principal Judge.
    Adjourned to 12.12.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: THE COURT IS VACANT.
    Adv. Surabhi Wadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present.
    Adjourned to 20.12.2019 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-12-2019
    
    Date: 20-12-2019
    Business: Adv. Surabhi Vadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present.
    At the request of advocate for applicant, adjourned to 07.01.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Surabhi Vadhavkar for applicant is present and seeks adjournment as her senior is not available.
    Adv. R. G. Bhat for respondent is present.
    At the request of advocate for applicant, adjourned to 15.01.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Surabhi Vadhavkar for applicant is present and requests to keep back matter as her senior is held up in another matter.
    Adv. R. G. Bhat for respondent is present.
    KB
    LO at 01.40 pm.
    Adv. R. V. Sipahimalani a/w Adv. Surabhi Vadhavkar for applicant is present.
    Adv. Sanjay Sinha for respondent is present.
    Partly heard advocate for applicant.
    By consent, adjourned to 22.01.2020 for further Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: None present for applicant.
    Adv. Sanjay Sinha for respondent for respondent is present.
    KB
    Later on.
    Adv. R. V. Sipahimalani a/w Adv. Surabhi Vadhavkar for applicant present.
    Adv. R. G. Bhat a/w Adv. Sanjay Sinha for respondent present.
    Heard argument partly of advocate for applicant.
    Adjourned to 11.02.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Surabhi Vadhavkar for applicant is present.
    Adv. R. G. Bhat i/b Adv. Sanjay Sinha for respondent is present.
    At the request of advocate for applicant kept back.
    Later on at 12.35 pm.
    Adv. R. V. Sipahimalani a/w Adv. Surabhi Vadhavkar for applicant is present.
    Adv. R. G. Bhat i/b Adv. Sanjay Sinha for respondent is present.
    Heard advocate for applicant.
    By consent, adjourned to 14.02.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: None present for parties.
    KB
    Later on
    Applicant is present.
    Adv. Surabhi Vadhavkar for applicant is present.
    Respondent is present.
    Adv. R. G. Bhat i/b Adv. Sanjay Sinha for respondent is present.
    Parties are directed to appear before Ld. Judge Mediator Shri. K. M. Jaiswal in C.R. No.58 on 14.02.2020 at 04.30 pm for mediation.
    Adjourned to 20.02.2020 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Avd. Surabhi Vadhavkar for applicant is present.
    None present for respondent.
    Mediation report is awaited.
    Adjourned to 28.02.2020 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-02-2020
    
    Date: 28-02-2020
    Business: None present for applicant.
    None present for respondent.
    Mediation report is awaited.
    Adjourned to 06.03.2020 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: None present for parties.
    Awaiting mediation report.
    Adjourned to 21.03.2020 for Mediation Report.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 21-03-2020
    
    Date: 21-03-2020
    Business: Adv. for applicant absent.
    Adv. for respondent absent.
    Exh. 7 Mediation report received. t.o.r.
    Due to outburst of Covid -19 there is direction from the Honble High Court to take urgent matters like bail, remand work, interim injunction and stay application, hence matter is adjd. to 04.04.2020 for hearing.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-04-2020
    
    Date: 04-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 27-04-2020
    
    Date: 27-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 05-06-2020
    
    Date: 05-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 23-06-2020
    
    Date: 23-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 31-07-2020
    
    Date: 31-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 05-08-2020
    
    Date: 05-08-2020
    Business: None present for both the parties.
    Adjourned to 17.08.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: None present for both the parties.
    Adjourned to 28.08.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Business: None present for both the parties.
    Adjourned to 14.09.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 14-09-2020
    
    Date: 14-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: Both parties are absent.
    Adjourned to 01.10.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Business: Both sides absent. Due to COVID-19 adjourned to 23.10.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: Both sides absent.
    Due to COVID-19 adjourned to 25.11.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Both the sides absent.
    Since this transfer application is pending for long time, applicant to remain present positively on next date, either personally or on video conference for final arguments.
    Adjourned to 04.12.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for applicant.
    Adv. Sanjay Sinha for respondent present.
    KB
    LO at 02.45 pm.
    None present for applicant.
    Adv. Sanjay Sinha for respondent present.
    Last chance is granted to advocate for applicant for hearing.
    Adjourned to 15.12.2020 for Hearing at 11.00 am.
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: None present for applicant.
    Adv. Siddhant Sinha h/f Adv. Sanjay Sinha for respondent present and seeks adjournment.
    Again by way of last opportunity, matter is adjourned to 05.01.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: None present for applicant.
    Adv. Sanjay Sinha for respondent is present.
    Since nobody appears for applicant, by way of last opportunity, matter adjourned to 28.01.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Applicant is present and files adjournment application. TOR and marked as Exh.8.
    Advocate for applicant is absent.
    None present for respondent.
    At the request of applicant, again by way of last opportunity, matter adjourned to 04.02.2021 for Hearing.
    L.O.
    Respondent is present.
    Next Purpose: HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Applicant is present and files adjournment application. TOR and marked as Exh.9.
    Advocate for applicant is absent.
    Respondent is present.
    Adv. Sanjay Sinha for respondent is present.
    Again an application is filed by the applicant in person stating that his advocate Mr. Sipahimalani having been infected in COVID and is unable to attend the court. He orally submits that advocate Mr. Sipahimalani is not attending any court because of his illness. In such circumstances, again by way of last opportunity, matter is adjourned to 15.02.2021 for Hearing.
    It is made clear that if the Ld. advocate is unable to attend the court on next date, applicant to make alternate arrangement.
    Next Purpose: HEARING
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Applicant is present and files adjournment application. TOR and marked as Exh.10.
    Respondent is present.
    Again time is sought on account of illness of family members of advocate for applicant and alternatively for engaging another advocate. On the last date itself it was clarified that if the Ld. advocate for applicant was unable to attend, alternate arrangements ought to be made for todays hearing. In such circumstances, although by way of indulgence again by way of last opportunity, time is granted. It would be subject to cost of Rs.2500/- to be deposited with DLSA today itself.
    Adjourned to 20.02.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 20-02-2021
    
    Date: 20-02-2021
    Business: Applicant is present and files adjournment application. TOR and marked as Exh.11.
    Respondent is present.
    Applicant again files application for adjournment. However considering the previous order further adjournment cannot be granted. Application is rejected.
    Matter is posed for arguments in the second sessions.
    KB
    L.O. at 02.45 pm
    Applicant is present.
    Adv. R. V. Sipahimalani for applicant is present.
    Respondent is present.
    Ld. counsel for applicant submits that there is a judgment of the Honble Supreme Court which states that the Principal Judge of City Civil court has powers u/s.24 of CPC to transfer the matter. He however seeks time to place judgment alongwith written submission on record.
    Adjourned to 01.03.2021 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-03-2021
    
    Date: 01-03-2021
    Business: Applicant is present
    Respondent s present.
    Adv. Sanjay Sinha for respondent is present.
    K.B.
    L.O.
    Applicant is present
    Advocate for applicant is absent.
    Respondent is present.
    Adv. Sanjay Sinha for respondent is present.
    Heard both the sides.
    F.R.S.R. Following order is passed.
    ORDER
    Transfer Application No.220 of 2019 stands rejected.
    L.O.
    After the order is dictated and pronounced, Ld. Adv. Mr. R. V. Sipahimalani for  applicant appears and insists to take on record written submissions, hence it is taken on record.
    Nature Of Disposal: DISMISSED
    Disposal Date: 01-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 110608/2019
    Filing Date: 27-09-2019
    First Hearing Date: 30th September 2019
    Decision Date: 01st March 2021
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    1
    Final Order 1Full order available
    01 Mar 2021

    Order Details: Other Pdf Text: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY TRANSFER APPLICATION NO.220 OF 2019 IN S.C. SUIT NO.2667 OF 2018 Mr.Kumar Nanak Rai ... Applicant/Org.Defendant Versus Ms.Simran Ajay Lalchandani ... Respondent/Org.Plaintiff CORAM: H.H.THE PRINCIPAL JUDGE S. B. AGRAWAL (C.R.No.19) DATED: 1st MARCH , 2021 Applicant/Org. defendant present. Adv.Sanjay Sinha, for respondent/Org.plaintiff. ORAL ORDER 1. Defendant in SC Suit No.2667 of 2018 has filed this application seeking transfer of the matter from the said…

    Read Full Order

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