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NOTICE OF MOTION

Kiran Vrajlal GoradiaVsM/s. Kiran Brothers +2 more

CNR MHCC01011005201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th January 2022

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103972/2019
Registration Date
01 Nov 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 28-11-2019
Business: Son of plff present. Adv. absent.
Deft. no.2 present. Adv. absent.
Rejoinder to SJ 167/18 filed by son of plff. t.o.r.
Copy supplied to deft. no.2.
Adjd. to 15.01.2020 for SJ hearing.
LO at 12.25 p.m.
Adv. Harshali Parab for deft. no. 2,3 and 4 present.
Registered nm 3972/19 @ affidavit filed on record.
Draft nm @ affidavit taken out by adv. Parab.
Leave granted to register. Copy be served to OS.
Already adjd to 15.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 15-01-2020

Date: 15-01-2020
Business: Plaintiff present.
Adv. Dalal for plaintiff present and filed reply to NM 3972/19 tor.
Defendant No.2 present.
Defendant 1,3 and 4 absent. Their advocate absent.
Adv for defendant No.2 absent.
The adv of plaintiff submitted that he would file the reply in course of the day and will serve the copy to defendants. Hence the matter is adjd for hearing on NM 3972/19 subject to filing of reply by the plaintiff and service of the same to the defendant.
Matter adjd to 20/02/2020 for hearing on NM 3972/19 and filing of register Ch/S.
Adv. Dalal for plaintiff filed reply to NM 3972/19 tor.
LO at 01.15 p.m.
Adv. Harshali Parab for defendants No.2 to 4 is present.
She tendered register Ch/S 2217/19 along with affidavit. She undertook to serve the copy of Ch/S on the plaintiff. Adjd to 20/02/2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv Dalal present for plaintiff.
Defendant No.2 present, other Defendants absent their advocate absent.
Advocate Harshali Parab for Defendants.
The learned Adv. for plaintiff has no objection to allow the Chamber summons 2217/19.  I have gone through the chamber summons. Defendant No 3 has died and his legal heirs are to be brought on record. However, the Defendants have prayed for permission to carry our amendment. In fact, the amendments should be carried out by the plaintiff. In this background, the chamber summons No.2217/2019 is allowed as that the plaintiff is directed to carry out the amendment in the plaint by recording the respondents as legal representatives of the deceased defendant No.3. The plaintiff to carry out the compliance on or before next date. The chamber summons 2217/2019 is disposed.
On the request of defendant adjd. to 12/03/2020 for N/M. hearing. So also adjourned for compliance
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-03-2020

Date: 12-03-2020
Business: Adv. Dalal for plaintiff
Adv. Prasad Gaonkar for defendant No.2 to 4.
Time is extended for compliance of order dtd.20.02.2020 regarding Ch/s 2217/19 till the next date.
Adjd for NM Hearing to 22-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-09-2020

Date: 11-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2021

Date: 04-02-2021
Business: Adv. Dalal for plaintiff.
None for defendant.
On the request of adv for plaintiff time is extended to carry out the amendment till next date.
Adjd for Compliance and NM hearing to 20-04-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021

Date: 20-04-2021
Business: As per office order
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-09-2021

Date: 30-09-2021
Business: Adv Mr.Dalal present for the plaintiff.
None present for the defendant.
Matter is pending for NM hearing and SJ hearing since long. It is lastly adjourned to 20.10.2021 for hearing of NM and SJ. In the meantime plaintiff is directed to carry out amendment as per Ch/s No.2217/19
Matter is adjd to 20.10.2021 for NM hearing.
LO
Adv Harshali Parab present for the respondent.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Adv Harshali parab present for the defendant no.2 and 3.
None present for the plaintiff.
KB
LO
Adv S.P.Dalal present for the plaintiff.
None present for the defendant.
Argument of plaintiff on NM No.3972/19 is heard. Matter is lastly adjourned to 09.11.2021 for arguments of defendant on NM. If defendants fail to argue on that day, the NM will be decided on merits.
Matter is adjd to 09.11.2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 09-11-2021

Date: 09-11-2021
Business: Adv. Mr. Dalal for plaintiff present.
Adv. Ms.Harshali Parab for defendant no. 2, 3 and 4 present.
Defendant nos. 2 and 4 present.
None for defendant no. 1.
ld adv for plaintiff submits that copy of plaint is not served upon the legal heir of defendant no. 3. Ld adv for plaintiff submits that he will served the copy during the course of the day. ld adv for plaintiff seeks short adjournment as a senior adv not available.
In view of the submission matter is lastly adjd to for argument of defendant nos. 2 to 4 on NM.
Matter is adjd to 12/11/2021 for NM argument.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 12-11-2021

Date: 12-11-2021
Business: None present for Plaintiff.
NM 3972/19	Adv. Mr. Prasad Gaonkar for Defendant present.
@ SJ 167/18	Heard advocate for the Defendant on NM No. 3972/19.
	Matter adj. to 17/11/2021 for NM Order.
Next Purpose: NM  ORDERS
Next Hearing Date: 17-11-2021

Date: 17-11-2021
Business: Adv Anant Narayn for plaintiff
Adv  Virali for defendant.
by consent.
Matter is adjd to 03-12-2021  for  Argument. 12.30pm.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: P.O. is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 04-12-2021

Date: 04-12-2021
Business: P. O. is on leave.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-12-2021

Date: 14-12-2021
Business: Adv. Dalal  for plaintiff present.
Adv.  Janvi Mane for the defendants No.2, 3 and 4 present.
Defendant No.2 present.
Heard argument of ld. advocate of plaintiff and  ld advocate of  defendants No.2, 3 and 4 from 01.24 p.m. to 01.40 p.m. on NM.
The ld. advocate of defendant requested time for argument on SJ.
Matter is adjd. to 23/12/2021 for NM order  and SJ arguments.
Next Purpose: NM  ORDERS
Next Hearing Date: 23-12-2021

Date: 23-12-2021
Business: Plaintiff is present.
Adv. Dalal for the plaintiff present.
Court is busy in dictating order in NM. Therefore, matter is adjourned.
Matter is adj. to 05/01/2022 for order on NM.
Next Purpose: NM  ORDERS
Next Hearing Date: 05-01-2022

Date: 05-01-2022
Business: None for plaintiff.
Adv. Janvi for defendants No.2 to 4 present.
F R S R following order is passed:
O R D E R
1. Notice of Motion No.3972 of 2019 stands dismissed.
2. Notice of Motion No.3972 of 2019  is accordingly disposed of.
Nature Of Disposal: DISMISSED
Disposal Date: 05-01-2022

Additional Case Details

Additional Case Details
Filing Number: 111836/2019
Filing Date: 01-11-2019
First Hearing Date: 28th November 2019
Decision Date: 05th January 2022
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
05 Jan 2022

Order Details: Notice of Motion Pdf Text: NM No.3972/2019 ORDER 1 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.3972 OF 2019 IN SUMMARY SUIT NO.407 OF 2018 (MHCC010110052019 ) Mr. Kiran Vrajlal Goradia Age 64 years: Occ: Business Carryin on business at 25 SAgar Building Vitthalwadi, Kalbadevi, Mumbai.40002. … Plaintiff Vs. 1. M/s. Kiran Brothers A partnership firm duly registered the Indian Partnership Act, Carrying on business at 68/72, ChampaGalli, Ground Floor, Opposite Office Galli, M.…

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