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SUIT - SHORT CAUSE CIVIL SUIT

Mr. Pravin D. KhatauVsMr. Nilesh Modi +1 more

CNR MHCC01010381201963-COURT 63 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 30th August 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
102734/2019
Registration Date
17 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1

    Case History / Proceedings

    Case History
    Date: 14-11-2019
    Business: P.O. is on Leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Business: Matter called out at 11.10 a.m.
    By preceipe.
    Advocate Dalal for plaintiff present and filed unregistered notice of motion with affidavit in support Leave granted and filed affidavit of service of suit and N/M  T.O.R
    Advocate P. D. Gandhi @ Defendant no.1 present and filed vakalatama, t.o.r Exh-1
    Plaint.Exh-2
    Vakalatnama.Exh-3
    Memorandum address.Exh-4
    List of documents.Exh-5
    Vakalatnama filed by advocate for Defendant no.1.
    Heard arguments of both sides in respect of draft Notice of motion.
    F.R.S.R. following order is passed-
                          ORDER
    1. Ad-interim prayer granted in terms of prayer clause (a) (ii) till the decision of the Notice of Motion.
    2. Plaintiff to register the Notice of Motion.
    3. Parties to act on steno copy.
    Matter is adjd. to 07/01/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Matter is called out at 4.25pm
    Adv.Anirban Sen for plaintiff present.
    Adv.Preet Chawda for defendant no.1 present.
    Plaintiff seeking time. Time granted.
    Matter is adj to 30/01/2020 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Matter is called out at 4.50pm
    Adv.Shivani P. i/b M/s Hariani and Company for plaintiff present.
    Adv.Preet Chawda for defendant no.1 present.
    Plaintiff advocate seeking time on the ground that settlement talks are going on.
    Matter is adj to 26/02/2020 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 26-02-2020
    
    Date: 26-02-2020
    Business: Matter is called out at 2.51pm
    Adv.Veer Kanharia h/f Pradeep Gandhy for defendant present.
    Plaintiff and his advocate absent.
    Matter is adj to 30/03/2020 for settlement.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SETTLEMENT
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Business: NATIONAL LOCKDOWN.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SETTLEMENT
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: SETTLEMENT
    Next Hearing Date: 17-08-2020
    
    Date: 17-08-2020
    Business: Due to Covid-19
    Next Purpose: SETTLEMENT
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Business: Due to Covid-19 none present.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 25-11-2020
    
    Date: 25-11-2020
    Business: Due to Covid-19 none present.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Business: Plaintiff and defendant absent.
    Their advocate absent.
    Matter adjd for settlement on 08/04/2021.
    L.O. Adv for defendant no.1 present.
    Next Purpose: SETTLEMENT
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv S. Chaudhary for plaintiff present.
    Adv for B.N.Jadhav I/b Adv P.D.Gandhy for defendant no.1 present. He tendered draft N.M. along with affidavit in support. Leave is granted to register.
    Matter adjd for reply and hearing in N.M. on 07/07/2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2021
    
    Date: 07-07-2021
    Business: Advocate Mr. Chaudhari for plaintiff is present.
    Advocate Mr. Jadhav for defendant no. 1 is present and filed registered NM No. 1470/21 alogwith affidavit.
    Advocate for plaintiff is requested short adjournment for filing reply on NM. Request is allowed.
    Adjourned for NM Reply/Rejoinder to 04.08.2021.
                                                                                            Judge
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Business: Advocate Diya Bharma for plaintiff is present and filed reply to NM No. 1470/21. Its copy served on the advocate for defendants.
    Advocate Lakshmi Panchal for defendant is present and filed rejoinder to NM No. 1470/21.
    Adjourned for NM hearing to 15.09.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: Advocate S. Chaudhary for plaintiff is present.
    Advocate Aditya Lele for defendant is present.
    Adjourned for NM hearing to 08.11.2021.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: Court is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Advocate Mr. Z. K. Dalal for plaintiff is present.
    Advocate Hardik Desai for defendant no.1 is present.
    Adjourned for NM hearing to 14.01.2022.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: None present for plaintiff.
    None present for defendant.
    Adjourned for NM hearing to 07.04.2022.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2022
    
    Date: 07-04-2022
    Business: None present for plaintiff.
    Advocate Mr. Jadhav for defendant no.1 is present.
    Adjourned for NM hearing to 18.07.2022.
                                                                                            Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-07-2022
    
    Date: 18-07-2022
    Business: court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2022
    
    Date: 25-07-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2022
    
    Date: 02-08-2022
    Business: Court is vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: Adv. Zubin Dalal I/b FZB and Associates  a/w C. A. of plaintiff namely Anil Nambiar present and filed vakalatnama t.o.r. marked as Exh.7
    Adv. B. N. Jadhav I/b P. D. Gandhi  a/w defendant  no. 1 present.
     C. A. of plaintiff and defendant no. 1   filed consent terms t.o.r. marked as Exh.8
    None for defendant no. 2
    Consent terms are signed by C.A. of the plaintiff and defendant no. 1 as an Escrow Agent. Adv. B. N. Jadhav and Adv. Ferzana Behramkamdin have also signed consent terms Exh. 8. Considering contents in Escrow agreement and details in email of defendant No. 2 (who is brother of the plaintiff ), both sides have worked out the aspect of custody of mother\''s jewelery. Limited issue of diamond ring is sorted out by depositing Rs. 1,50,000/- in the account of defendant no. 2 and custody of diamond ring is handed over as per receipt annexure 4 to consent terms Exh. 8 to the plaintiff. As purpose of entering into Escrow agreement is served and there is nothing more to be done in accordance with the said Escrow agreement, consent terms Exh. 8 can be considered  while allowing unconditional withdrawal of the suit against deft. no. 2. Further more,  defendant no. 2 is duly served with writ of summons as per affidavit of service dtd. 13-11-2019 and he has knowledge of the present suit proceeding. He has also been served with notice of motion as per affidavit of service dtd. 14-11-2019.  Hence,  I pass  the following order -
    Order
    1. S.C. Suit NO. 2734/19 is disposed of as withdrawn against deft. no. 2.
    2. S.C. Suit no. 2734/19 is disposed of in terms of consent terms Exh. 8
    3. Parties shall bear their own costs.
    4. Court fees shall be refunded as per rules.
    5. NM No.  1470/21 and NM No.  4237/19 disposed of.
    6. Proceeding of present suit as well as NM No.  1470/21
    and NM No.  4237/19  are closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 30-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111186/2019
    Filing Date: 14-10-2019
    First Hearing Date: 14th November 2019
    Decision Date: 30th August 2022
    Court Number And Judge: 63-COURT 63 ADDL SESSIONS JUDGE

    Orders

    3
    Final Order 2Full order available
    30 Aug 2022

    Order Details: Other Pdf Text: Daily Status IN THE COURT OF :COURT 63 ADDL SESSIONS JUDGE Case No. :SUIT/0102734/2019 Mr. Pravin D. Khatau Vs Mr. Nilesh Modi Date : 30-08-2022 Business : Adv. Zubin Dalal I/b FZB and Associates a/w C. A. of plaintiff namely Anil Nambiar present and filed vakalatnama t.o.r. marked as Exh.7 Adv. B. N. Jadhav I/b P. D. Gandhi a/w defendant no. 1 present. C. A. of plaintiff and defendant no. 1 filed consent terms t.o.r.…

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    Interim Order 1Full order available
    15 Nov 2019

    Order Details: Other Pdf Text: Unregistered NM in S.C. Suit no. 2734-19 1 Date : 15.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI UNREGISTERED NOTICE OF MOTION ______ OF 2019 IN S.C. SUIT NO. 2734 OF 2019 Pravin D. Khatau .. Plaintiff Versus Nilesh Modi & Anr. .. Defendants Appearances : Ld. Adv. Mr. Dalal for plaintiff present. Ld. Adv. Mr. Gandhi for Defendant no. 1 present. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR No.…

    Read Full Order
    Order 1Full order available
    15 Nov 2019

    Order Details: Other Pdf Text: Unregistered NM in S.C. Suit no. 2734-19 1 Date : 15.11.2019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI UNREGISTERED NOTICE OF MOTION ______ OF 2019 IN S.C. SUIT NO. 2734 OF 2019 Pravin D. Khatau .. Plaintiff Versus Nilesh Modi & Anr. .. Defendants Appearances : Ld. Adv. Mr. Dalal for plaintiff present. Ld. Adv. Mr. Gandhi for Defendant no. 1 present. Coram : His Honour Judge Shri. A.H.Laddhad Additional Judge CR No.…

    Read Full Order

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