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NOTICE OF MOTION

Mr Moiz Merchant And OrsVsMr.Naushad Panjwani +1 more

CNR MHCC0101073320191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 02nd September 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103885/2019
Registration Date
22 Oct 2019

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 04-11-2019
    Business: None present.
    Matter pertaining to senior citizen therefore, Registrar to assign it to senior citizens court.
    Matter is Adjd for N/M Hearing to 13.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-11-2019
    
    Date: 13-11-2019
    Business: Plaintiff in person present.
    None for the defendant.
    Matter is Adjd for Affidavit of Service to 29.11.2019.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Business: P.O. is on half day leave.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Business: Plaintiff in person present.
    Adv for deft no.9 Mr.Inpose present.
    Adv for deft no.9 filed VP. T.O.R.
    Plaintiff filed affidavit of service
    It appears he has not served contempt petitions on all defendants as per section 17 of contempt of court act. Therefore, plaintiff to serve notice of contempt petition on deft no. 1 to 8.
    Adv for deft.no. 9stated that he will file reply on the next date.
    Matter is Adjd for Affidavit of Service of Deft no.1 to 8 and Reply of defendant no.9 to 06.01.2020.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Business: Plaintiff in person present.
    Adv for deft No.9 Mr.Manoj Nikose present.
    Adv for deft No.9 stated that the decree is stayed.
    Plaintiff produce Affidavit of Service.
    Matter is Adjd for Production of copy of order to 20.01.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff in person present.
    Adv for deft no.9 Mr.Nikose present.
    Adv for deft no.9 produced First Appeal No.1731 of 2019.
    Also produced First Appeal No.1713 of 2019.
    Adv for deft no.9 stated that he has serve copy of stay order on plaintiff.
    Court is busy in passing order in N/M 3457/2019 in SUM 303/2017. Hence, Board is discharge.
    Matter is Adjd as Decree stayed to 07.02.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: None for the Plaintiff.
    Adv for deft no.9 Mr.Nikose present.
    He filed order passed in Civil Application No.455 of 2019 in First Appeal No.1731 of 19
    and stated that decree is stayed till 02.03.2020. T.O.R.
    Matter is Adjd for Reply to 19.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: N.O.B.T.O.B.
    Writ received from Honble High Court in F.A. Civ.No.C0301668 of 2020 dated 27.02.2020.
    P.C.-
    1. The papers are allowed to be produced at 3.00 p.m.
    2. Place the First Appeal on board along with civil application for admission on 12th March, 2020.  Ad-interim relief granted by this Court to continue till next date.
    Already Adjd for Reply to 19.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
    All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
    None present.
    Matter is Adjd for Reply to 29.04.2020.
    Next Purpose: REPLY
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: NATIONAL LOCKDOWN
    Next Purpose: REPLY
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 21-07-2020
    
    Date: 21-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 03-09-2020
    
    Date: 03-09-2020
    Business: Covid-19 Pandemic
    Next Purpose: REPLY
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Business: Due to National Lockdown (Covid-19) all parties absent.   Matter adjd to 09.02.2021.
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: P.O. is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 17-02-2021
    
    Date: 17-02-2021
    Business: Matter pertaining to C.R. No. 14
    NOBTOB
    Ex.50   Email dated 16-02-2021 is received by the Interpretor at C.R. no. 14 today at 12.30 pm.
    Presiding Officer of C.R. no. 14 is on leave. I am In-charge of C.R. no. 14. Perused email. It is mentioned therein that date 26-03-2021 be pre-ponded.
    Perused roznama/noting dated 19-03-2020. On that day matter adjourned for NM reply to 29-04-2020.
    Perused roznama/ noting dated 28-10-2020. on that day matter adjourned to 09-02-2021 due to National lock down. Thereafter, on 09-02-2021 Presiding Officer was on leave and therefore, matter adjourned to 26-03-2021. On 28-10-2020 none was appeared. Today other side is not present. Therefore, under such circumstances date 26-03-2021 can not be pre-ponded.
    Matter adjd for NM reply to 26-03-2021
    Next Purpose: REPLY
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: None present.
    Matter adjd reply on 17.04.2021.
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Business: In view of Office Order No. 73/21, all Courts shall remain closed on every Saturday. 17.04.2021 is Saturday, hence,  adjd to 31.07.2021.
    Next Purpose: REPLY
    Next Hearing Date: 31-07-2021
    
    Date: 31-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 20.08.2021.
    Next Purpose: REPLY
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Matter received from C.R.No.14.
    None present.
    Keep the NM and Ch/s for dismissal to 22/11/2021
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: P.O.is on leave.
    Matter adjd.to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: In view of Office Order No. 290/21,  P.O. is attending  40hrs Mediation Training Programme, as a Trainer at JOTI, Nagpur, Hence the matter is adjourned.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-04-2022
    
    Date: 04-04-2022
    Business: PO is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: None present.
    By way of last chance.
    Matter adjd to 16.07.2022 for NM for dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-07-2022
    
    Date: 16-07-2022
    Business: None present when called till 3.40 pm
    Plaintiff is directed to file status report of the matter pending before Hon\''ble High Court in relation to this matter.
    Matter adjd to 23/08/2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: P.O. is on leave matter is adjd. to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: None present.
    Matter adjd to 30.11.2022 for dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: P.O. is on leave. Matter is adjd to
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-01-2023
    
    Date: 30-01-2023
    Business: None present for plaintiff and defendant.
    Matter be kept for dismissal.
    Matter adjd to 03.04.2023 for dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: None present for the plaintiff.
    None present for the defendant.
    Matter adjd to 15.07.2023 for dismissal Order.
    Next Purpose: DISMISSAL
    Next Hearing Date: 15-07-2023
    
    Date: 15-07-2023
    Business: None present for plaintiff and defendant.
    The plaintiff / applicant has taken out NM No.3885/2019, against the defendant for contempt of court order. The roznama shows that since 07.02.2020, none present for the plaintiff. It further reveals that since 23.06.2022, the matter is under the caption of dismissal. The plaintiff instead of remain present and proceed with the matter has sent emails and thereby sought adjournments. This court has received letter dated 12.07.2023, from the principal judge thereby it be requested to dispose of the matter expeditiously. Therefore, the plaintiff is directed to remain present on next date without fail and to proceed with the matter, else it will stand dismiss.
    Matter adjd to 11.08.2023 for Dismissal.
    Next Purpose: DISMISSAL
    Next Hearing Date: 11-08-2023
    
    Date: 11-08-2023
    Business: P.O. is on leave hence adjd.
    Next Purpose: DISMISSAL
    Next Hearing Date: 02-09-2023
    
    Date: 02-09-2023
    Business: None present for plaintiff and defendant.
    Record shows that the matter is under caption of dismissal. It is to be seen that since 07.02.2020 none present for plaintiff. The matter is under the caption of the dismissal from 23.06.2022. The plaintiff by sending emails only seeking adjournment instead of proceeding with the matter. There is nothing on record to show that there is any step to the proceeding. The Honble Principal Judge vide letter dated directed this court to disposed off the matter expeditiously. Therfore specific direction given to the plaintiff to remain present and proceed with the matter. Inspite of it the plaintiff failed to remain present and argue the matter. Today also none present for plaintiff when called out. Hence, the Notice of Motion stands dismissed for default.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 02-09-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 111489/2019
    Filing Date: 18-10-2019
    First Hearing Date: 04th November 2019
    Decision Date: 02nd September 2023
    Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    02 Sept 2023
    Order Details: Other
    Pdf Text: 02.09.2023
    NM 3885/19
    (SU 8278/96)
    CORAM : HIS HONOUR JUDGE SHRI V.D.KEDAR (C.R.NO.1)
    None present for plaintiff and defendant.
    Record shows that the matter is under caption of dismissal. It is
    to be seen that since 07.02.2020 none present for plaintiff. The
    matter is under the caption of the dismissal from 23.06.2022.
    The plaintiff by sending emails only seeking adjournment instead
    of proceeding with the matter. There is nothing on record to
    show that there is any stay to the proceeding. The Hon’ble
    Principal Judge vide letter dated directed this court to disposed
    off the matter expeditiously. Therefore specific direction given to
    the plaintiff to remain present and proceed with the matter.
    Inspite of it the plaintiff failed to remain present and argue the
    matter. Today also none present for the plaintiff when called.
    Hence, the Notice of Motion stands dismissed for default.
    Judge
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