Skip to main content
NOTICE OF MOTION

Barmare Timber TradersVsMr. Sameer Kale

CNR MHCC01011145201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 19th August 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104054/2019
Registration Date
04 Nov 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: 19-12-2019
Business: Adv. Vira for plaintiff present.
Adv. Vivek Tripathi for defendant present and filed register motion No.4049/19.
Plaintiff file reply on NM tor.
Matter adjd to 09/03/2020.
LO
At 03.30 pm.
On the request of adv. of JD the matter is taken up though it was already adjd.
The learned Adv. Bindu Pandy requested to continue the stay order as granted vide order dated 10/10/2019 as noted in the roznama. The learned Adv. Kiran Ravat on behalf of decree holder resisted to it contending that the condition of depositing the reasonable amount has not been complied with by the JD.
As the condition of depositing reasonable amount has not been complied with by judgment debtor, stay cannot be extended. Hence the request to continue the stay is rejected.
Matter adjd to 09/03/2020 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2020

Date: 09-03-2020
Business: Adv. Paras vira for Plaintiff.
Adv. P.S.Singh for defendant.
Adjd on the request of defendant for NM Hearing 16-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2020

Date: 06-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-06-2020

Date: 24-06-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv. Vira for plaintiff
None for defendant
Adjd to 04-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Adv. Vira for plaintiff
Adv. Pandey for defendant
Earlier order dtd. 20.12.2019 is continued till next date.
Adjd on the request of plaintiff 22-06-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-06-2021

Date: 22-06-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-11-2021

Date: 08-11-2021
Business: None present.
Matter is adjd to 07/01/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2022

Date: 07-01-2022
Business: Adv. Mayur Sonwane h/f Paras Vira for the plaintiff present.
Adv Pramod Pandey for defendant.
Matter Kept on 3.33 pm
L.O.
Adv. Mayur Sonwane h/f  Vira for the plaintiff present.
Adv Pramod Pandey for defendant.
Earlier order is continued till next date.
By consent, matter is adjd. to 20/01/2022 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron).
Earlier order if any is continued till next date.
Matter is adjd. to 14/02/2022 for NM arguments.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: None present for plaff.
None present for Deft.
Matter adjd. to NM arguments to 08/04/2022.
Next Purpose: NM  ARGUMENTS
Next Hearing Date: 08-04-2022

Date: 08-04-2022
Business: None present.
Matter is adjd. for NM hearing to 18-07-2022.
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: 04-10-2022

Date: 04-10-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2022

Date: 02-12-2022

Date: 05-12-2022
Business: Matter pertains to C.R.No.15
None present for plaintiff.
Adv. Pramod Pandya for defendant/JD present.
On the oral request by Ld. Adv. for deft/JD, earlier order if any to continue till next date.
Matter Adjd for NM Hearing on  28/02/2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-02-2023

Date: 28-02-2023
Business: Coram : H.H.J. DR. SHRI. S. D. TAWSHIKAR-C.R. NO. 61. Matter pertains to C.R. 15. None present. Adv. Pramod Pandey for defendant/ JD present. Earlier order, if any, be continue till next date. Matter is adj. to 08.06.2023 for NM Hearing. Matter is adjd. to 08.03.2023 for reply.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2023

Date: 08-06-2023

Date: 26-07-2023
Business: Adv. Mittal Veera present for DH
Adv. for JD.
KB.
L.O. at 3.10 pm.
Adv. Paras Veera present for Decree Holder.
None present for Judgment Debtor
KB.
L.O. at 3.20 pm.
Adv. Vinod Pandey present for Judgment Debtor.
He tendered application for allowing him to deposit 25 percent decretal amount in compliance of direction in the roznama dated 04-10-2019. TOR marked as Exh.8.
The advocate of Decree holder has raised the objection. The Decree is passed in the year 2015 for amount of Rs.5,91,235/-. The Judgment Debtor was directed to deposit 50 percent decretal amount as per roznama dated 04-10-2019, but he deposited only Rs.1,00,000/-. The order of Roznama 04-10-2019 is not challenged, thus, the Judgment Debtor has to comply the said order. The depositing of amount Rs.1,00,000/- does not amounts that the liability to deposit further amount is waived, hence, the Judgment debtor is directed to deposit the remaining amount of 50 percent from the decretal amount as per order roznama dated 04-10-2019 on or before next date, else the order of 04-10-2019 stands reinforced.
Matter stands adjourned for report on 05-09-2023.
Next Purpose: REPORT
Next Hearing Date: 05-09-2023

Date: 05-09-2023
Business: Adv.Paras Vira present for DH.
Adv. Vivek Tripathi present for JD.
Kb as per request of JD for depositing amount.
L.O. at 3.05 pm.
Adv. Mittal Vira present for DH.
Adv. Bindu Pandey present for defendant.
The counsel of JD for shout permission to deposit the amount of Rs. 2,00,000/- to PLA dept. The DH has no objection, hence, permission granted to deposit of amount today itself.
Earlier order, if any, to continue to further order, subject to depositing amount of Rs.2,00,000/-
Matter stands adjourned for compliance on 09-10-2023 at 2.45 pm.
Next Purpose: REPORT
Next Hearing Date: 09-10-2023

Date: 09-10-2023
Business: Adv. Paras Vira present  for DH.
Adv. Vinduprakash Pandey present for JD
Heard counsel of JD on NM No. 4054/19.
Put up for further Argument.
Earlier order, if any, to continue to further order.
By consent matter stands adjourned for compliance 04-12-2023.
Next Purpose: COMPLIANCE
Next Hearing Date: 04-12-2023

Date: 04-12-2023
Business: None present.
KB
L.O. at 2.45.
Adv. Parash Vira for plaintiff/DH.
Adv. Indu Prakash present for defendant/JD. Seeking time. Time is granted.
Earlier order, if any, to continue to further order.
Matter stands adjourned for compliance on 30-01-2024.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2024

Date: 30-01-2024
Business: Adv. Paras Vira present for Decree Holder.
Adv. Vindu Prakash Pandey i/b Legal Edge LLP present for Judgment Debtor.
Heard.
The Notice of Motion is filed for setting aside decree passed in Sum. Suit No.3752/13, however, the record is with the record department, which is necessary for deciding the Notice of Motion. Hence, the Record Department is directed to send the recorded proceeding of Sum. Suit No.3752/13 on or before next.
Earlier order if any, continue till next date.
Matter stands adjourned for Notice of Motion hearing
on 19-03-2024 in first session.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-03-2024

Date: 19-03-2024
Business: Adv.Paras Vira present  for plaintiff.
None present for defendant.
Kept Back at 1.15 pm.
Adv.Paras Vira present  for plaintiff.
Adv. Vivek Tripathi present for defendant. Seeking time. Time is granted.
Matter stands adjourned for Notice of Motion hearing on 06-5-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-05-2024

Date: 06-05-2024
Business: Adv.Mittal Vira present for plaintiff.
Adv. Shivlakshmi Sharma present for defendant.
Kept back.
L.O. at 3.00 pm.
Adv. Paras Vira present for plaintiff.
Adv. Vinduprakash Pandey present for defendant.
Heard the counsel of defendant.
Matter stands adjourned for further argument on 11-06-2024.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-06-2024

Date: 11-06-2024
Business: Adv.Roshan Kapadnt h/f Paras Vira  for plaintiff.
Adv.Shivlaxmi Sharma h/f Binduprakash  present for defendant. Seeking time. Time is granted.
Matter stands adjourned for Notice of Motion hearing
on 23-07-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-07-2024

Date: 23-07-2024
Business: Adv. Paras Vira for decreeholder present.
Adv. Vivek Tripathi for Judgment debtor present.
Kept back.
Later on called out at 11.57 p.m.
Adv. Paras Vira for decreeholder present.
Adv. Vivek Tripathi for Judgment debtor present. He is seeking time for settlement and filing consent terms.
Heard both the sides. The adjournment is granted with a condition that judgment debtor will remain present on next date in person.
Matter stands adjourned to 19.08.2024 for settlement.
Next Purpose: SETTLEMENT
Next Hearing Date: 19-08-2024

Date: 19-08-2024
Business: Adv. Paras Vira present for Decree Holder.
None present for Judgment Debtor.
Kept back
L.O. at 2.45 pm
Adv. Paras Vira present for Decree Holder.
Adv. Vivek Tripathi present for Judgment Debtor, submitted that there is no possibility of settlement, he has communicated the Judgment Debtor remain present today, but he remain absent today.
Heard both sides.
F.R.S.R. following order is passed on Notice of Motion No.4054/19-
Order
1. Notice of Motion No. 4054 of 2019 in Execution Application No.285 of 2016, is hereby dismissed.
2.  Notice of Motion is disposed of accordingly.
(Order dictated and pronounced in open court)
Matter stands adjourned for steps on 21-10-2024.
Nature Of Disposal: DISMISSED
Disposal Date: 19-08-2024

Additional Case Details

Additional Case Details
Filing Number: 111506/2019
Filing Date: 04-11-2019
First Hearing Date: 19th December 2019
Decision Date: 19th August 2024
Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
19 Aug 2024

Order Details: Notice of Motion Pdf Text: ..1.. Notice of Motion No.4054/2019 MHCC010111452019 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO.4054 OF 2019 (CNR NO.MHCC01-011145-2019) IN EXECUTION APPLICATION NO.285 OF 2016 SUMMARY SUIT NO.3752 OF 2013 (DISPOSED OF) M/s. Barmare Timber Traders )...Plaintiff Versus Mr. Sameer Kale )...Defendant Appearance :- Learned Advocate Paras Vira for plaintiff/decreeholder. Learned Advocate Vivek Tripathi for defendant/judgment debtor. CORAM : HIS HONOUR JUDGE SHAIKH AKBAR SHAIKH JAFAR COURT ROOM…

Read Full Order

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.