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NOTICE OF MOTION

S. M. Construction Co.VsMs National India Contractors And Engineers And Ors

CNR MHCC01010068201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 14th January 2026

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103705/2019
Registration Date
03 Oct 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: 10-10-2019
Business: Adv. B.S.Patil for JD.
Adv. Siddhique for DH. Register NM @ affidavit tendered   by adv for JD. Reply to NM filed by Adv for DH.
Copy supplied to Adv. for JD. Adjd for hearing of Nm to 10/12/2019.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-12-2019

Date: 10-12-2019
Business: Adv. B. S. Patil present for the JDR.
Adv. Siddiqui present for the DH.
JDR filed rejoinder. t.o.r.
Adj. For Hearing on 06/02/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 06-02-2020

Date: 06-02-2020
Business: p.o. on leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-03-2020

Date: 27-03-2020
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 08-04-2020

Date: 08-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 10-06-2020

Date: 10-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-10-2020

Date: 29-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 28-01-2021

Date: 28-01-2021
Business: None for DH.
Adv. B.S.Patil for JD.
Adjd to 27-04-2021 for NM Hearing
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. Siddhiqui for plaintiff present.
Adv. B.S. Patil for defendant present.
Matter is adjd to 15/12/2021 NM hearing.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Already adjourned to . 07/01/2022.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv B.S. Patil for JD
None for DH.
Matter is adjd. to 22-02-2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-02-2022

Date: 22-02-2022
Business: None present.
Matter is adjd. NM dismissal to 29-03-2022.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 29-03-2022

Date: 29-03-2022
Business: Advocate Mrs. Siddhique for DH present.
Advocate Mr. B.S. Patil for JD present.
The advocate of defendant requested date for NM hearing.
Matter is adjd. for NM hearing to 16-06-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-06-2022

Date: 16-06-2022
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Akshay Pawar  h/f Adv. Siddique for D.H. present.
None present for J.D.
Adjd to 30/08/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-10-2022

Date: 31-10-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-03-2023

Date: 01-03-2023
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-04-2023

Date: 27-04-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-07-2023

Date: 28-07-2023
Business: Adv.Wasim Siddique for DH.
Adv.Balbheem Patil present for JD.
There is no stay to the Execution Application proceeding hence, DH is directed to proceed further.
Matter stands adjourned for NM hearing on 18-09-2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-09-2023

Date: 18-09-2023
Business: None present.
Matter stands adjourned for NM hearing on 20-11-2023.
L.O. at 12.50 pm.
Adv. Wasim Siddiqui present for DH, tendered application to
proceed further for sale under Order 21 rule 64 of CPC.
As per the report of bailiff the property of JD at address 628, khatri
House, 13th Road, Khar W, Mumbai 400 032 and Shop NO. 5 and
Shop No. 6 plot no. 395, Suyog C.H.S. Ltd, pandit Malharrao Valkari
Road,Near Don Boscho Road, borivali, Mumbai, came to be attached.
Hence, the DH is permitted to proceed further under order 21 rule
64 of CPC.
Adv. Blabheem Patil present for JD.
Matter is already stands adjourned for Compliance on 20-11-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-11-2023

Date: 20-11-2023
Business: Adv.Wasim Siddiqui present for DH.
None present for JD.
Matter stands adjourned for compliance 05-02-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 05-02-2024

Date: 05-02-2024
Business: None present.
Matter stands adjourned to 04.04.2024 for compliance.
Later on mentioned at 1.07 p.m.
Adv. Sanjay Nayak h/f Adv. Wasim Siddique for decree holder
present. He is seeking extension of time to proceed under Order
XXIV Rule 64 of Code of Civil Procedure.
Matter already adjourned to 04.04.2024 for compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-04-2024

Date: 04-04-2024
Business: Adv.M.H. Mulla present for Decree Holder.
None present for Judgment Debtor.
Decree Holder is seeking extension of time to proceed under Order XXI Rule 64 of Code of Civil Procedure, O-extended till next date.
Matter stands adjourned for compliance on 11-07-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 11-07-2024

Date: 11-07-2024
Business: None present.
Kept back.
L.O. at 12.30 pm.
Adv.Mrs. Siddique present for Decree Holder, tendered extension application for execution of warrant under order 21 Rule 64 of CPC TOR marked as Exh.2. O-Time is granted.
Execution Department to take steps.
None present for Judgment Debtor.
The Judgment Debtor failed to proceed with Notice of Motion, hence, put up for Notice of Motion dismissal on next date.
Matter stands adjourned for Notice of Motion dismissal
on 15-10-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-10-2024

Date: 15-10-2024
Business: Adv. J.M. Siddiqui present for Decree Holder, tendered application extension of time for execution of warrant under Order 21 Rule 64 of CPC TOR marked as Exh.03.
None present for Judgment Debtor.
Matter stands adjourned for Notice of Motion dismissal/compliance
on 13-01-2024.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 13-01-2025

Date: 13-01-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-04-2025

Date: 17-04-2025
Business: P. O. is on Leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-07-2025

Date: 08-07-2025
Business: Wrongly on board.
Matter stands adjourned to 15-07-2025.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 15-07-2025

Date: 15-07-2025
Business: CORAM - H.H.J. SHRI SACHIN S. PATIL(CR. 84)
Adv. J M Siddiqui present for DH.
JD and proposed respondent are absent. No reply has filed on C/S. Hence, kept for hearing.
Matter stands adjourned to 18-09-2025 for hearing.
Next Purpose: REPLY
Next Hearing Date: 18-09-2025

Date: 18-09-2025
Business: None present.
Kept back.
Later on at 12.10 pm.
Adv. J.M. Siddiqui present Decree Holder/plaintiff.
None present for the Judgment Debtor.
Heard the arguments to Chamber Summons.
Matter stands adjourned to 04-11-2025 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-11-2025

Date: 04-11-2025
Business: P. O is on Leave. Matter is adjd to.
Next Purpose: HEARING
Next Hearing Date: 14-01-2026

Date: 14-01-2026
Business: Adv. J.M. Siddiqui for plaintiff.
None present for defendant.
Heard
FRSR following order is passed on Notice of Motion No.3705/19-
ORDER
    1. Notice of Motion No.3705 of 2019 is dismissed with costs of Rs.50,000/- (Rupees Fifty Thousand Only).
    2. The payment of costs is condition precedent.
    3. The payment of costs be paid within Four (04) weeks from the date of passing of this order/uploading of this order to the decreeholder, else it would be recovered in the execution application towards interest on the principal amount to be recovered by the decreeholder.
    4. Notice of motion No.3705 of 2019 is disposed of accordingly.
       FRSR following order is passed on Chamber Summons No.1346/25-
 ORDER
    1. Chamber Summons No. 1346 of 2025 is allowed.
    2. The decreeholder is directed to bring on the record as per schedule the partners and the subsequent purchaser of the property of the firm within one week looking into the age of the execution application which is 10 years old.
    3. Chamber Summons No. 1346 of 2025 is disposed of accordingly.
Matter stands adjourned to  23-02-2026 for hearing.
Nature Of Disposal: DISMISSED
Disposal Date: 14-01-2026

Additional Case Details

Additional Case Details
Filing Number: 110495/2019
Filing Date: 03-10-2019
First Hearing Date: 10th October 2019
Decision Date: 14th January 2026
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
14 Jan 2026

Order Details: Notice of Motion Pdf Text: Notice of Motion No.3705/2019 -:1:- MHCC010100682019 NM filed on : 03/10/2019 Registered on : 03/10/2019 Decided on : 14/01/2026 Duration : 06 Y : 03 M : 13 D IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO. 3705 OF 2019 IN EXECUTION APPLICATION NO.611 OF 2016 IN SUIT NO.6703 OF 2005 (DISPOSED OF) (OLD HIGH COURT NO. 2051 OF 2005) M/s. S. M. Constructions Co. VERSUS …Plaintiff…

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