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NOTICE OF MOTION

Progility Technologies Pvt. Ltd. - Suit St. No. 10811 of 2019VsMr. Ashish Mehta And Ors

CNR MHCC01010931201931-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 25th January 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103954/2019
Registration Date
24 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 08-11-2019
    
    Date: 29-11-2019
    
    Date: 30-11-2019
    
    Date: 05-12-2019
    
    Date: 12-12-2019
    
    Date: 19-12-2019
    
    Date: 10-01-2020
    
    Date: 11-02-2020
    
    Date: 17-02-2020
    
    Date: 02-03-2020
    
    Date: 03-03-2020
    
    Date: 05-03-2020
    
    Date: 17-03-2020
    
    Date: 02-04-2020
    
    Date: 24-04-2020
    
    Date: 04-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2020
    
    Date: 18-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Business: Court is on  leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: None present for plaintiff and defendant.
    Matter stands Adj for NM for hearing to 02.02.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: Advocate Ms. Payoja h/f adv. Ariswala for plaintiff present.
    The case is adjourned to 20.04.2021  for NM hearing.
    LO at 4.43pm
    Advocate Kranti Anand for defendant present.
    Already the case is adjourned to 20.04.2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Adjourned due to COVID-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Court is vacant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Next Purpose: COMPLIANCE
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Next Purpose: REPLY
    Next Hearing Date: 17-12-2021
    
    Date: 17-12-2021
    Next Purpose: REPLY
    Next Hearing Date: 17-01-2022
    
    Date: 17-01-2022
    Business: Adv. Archit Virmani for plaintiff present.
    Adv. Sakina Kothari for defendant present.
    Both of them filed joint application for seeking directions t.o.r. and marked as Exh.7. - put for hearing.
    Matter is adjd.to  20-01-2022 for CS reply, Say on Exh.4 by
    the defendants and hearing on Exh.7.
    Next Purpose: REPLY
    Next Hearing Date: 20-01-2022
    
    Date: 20-01-2022
    Business: Adv. Archit Virmani  along with plaintiff present.
    Adv.  Sakina Kothari along with defendants no. 1 to 5  present.
     Both sides filed joint application for directions to produce sealed envelope containing commissioners report and for deletion of electronic data on the hard disk in the presence of the Advocates and parties. t.o.r. and marked as Exh.10.
                 The plaintiff, defendants no. 1 to 5 and their respective advocates are confronted with contents as well as signatures on Exh. 10 and they admitted the same. Defendant no. 4 has also signed Exh. 10 for defendant no. 6 company. After recording admission regarding contents and signatures on Exh. 10, Registrar (Civil) is directed to produce the sealed envelope containing commissioners report in the Court  on 25-01-2022 at 11.00 am.
                       The plaintiff and his advocate also filed withdrawal application t.o.r. and marked as Exh.11 - The plaintiff and his advocate admitted signatures and contents in Exh. 11. Exh. 11 will be decided after disposal of Exh. 10.
    Matter is adjd.to 25-01-2022 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-01-2022
    
    Date: 25-01-2022
    Business: Adv. Archit Virmani alongwith plaintiff present.
    Adv. Sakina Kothari alongwith defendants no. 1 to 4 are present.
    Commissioner’s report is received in closed envelope and it is opened in presence of Advocates representing in both sides.
    In the said envelope commissioner report of Adv. Tapan Thatte is found. Simultaneously three plastic containers with two hard disks and two connecting cables (Connectors) in each of them are found. This plastic containers are wrapped with transparent cello-tap. Paper wrapped around the same is having matter “Team A Tapan Thatte ” , “Team B Tapan Thatte ” and  “Team C Tapan Thatte ”.
     Commissioner’s report with six hard disks and six connecting cables is collectively marked as Exh. 12.
    Data in six hard disk is deleted in presence of the plaintiff, defendants no. 1 to 4 and their respective counsels by using computer on the dias as per prayer in application Exh. 10. Accordingly, application Exh. 10 is allowed in terms of prayer clause (a) and (b). Similarly, prayer clause (b) in application Exh. 10 is implemented practically with consent of both sides.
    The plaintiff, defendants no. 1 to 4 and their respective counsels filed joint pursis regarding compliance of prayer clause (b) in application Exh. 10 t.o.r. and marked as Exh.13.
                        In view of orders passed in roznama on 20-01-2022 and above order on Exh. 10, electronic record obtained by report commissioner is deleted and pre-requisite for the completion of settlement formalities and withdrawal of the suit is complied with. Accordingly, the plaintiff and his Ld. Counsel submitted that application Exh. 11 may be allowed. Hence, I pass  the following order -
    Order
    1. Application Exh.11  is allowed.
    2.Commercial suit No. 1190/21 is disposed off as withdrawn.
    3.Court fees be refunded to the Plaintiff as per rules and Refund Certificate be issued accordingly.
    4. Parties shall bear their own costs.
    5. Proceeding of the suit is closed.
    6. NM No. 3954/19 and C/S No. 1580/21 are disposed off having become infructuous due to disposal of the suit.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 25-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 111778/2019
    Filing Date: 24-10-2019
    First Hearing Date: 08th November 2019
    Decision Date: 25th January 2022
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    25 Jan 2022

    Order Details: Other Pdf Text: 25-01-2022 Sr. no.25 Com SU 1190 /21 NM No. 3954/19 C/S No. 1580/21 Exh. 12 Exh.13 CORAM:H.H.J.SHRI.R.R.BHAGWAT (C.R.NO.31) Adv. Archit Virmani alongwith plaintiff present. Adv. Sakina Kothari alongwith defendants no. 1 to 4 are present. Commissioner’s report is received in closed envelope and it is opened in presence of Advocates representing in both sides. In the said envelope commissioner report of Adv. Tapan Thatte is found. Simultaneously three plastic containers with two hard disks and…

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