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NOTICE OF MOTION

Magicbricks Realty Services LimitedVsMr. Viral Bharat Mehta

CNR MHCC01011502201932-COURT 32 ADD. SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 03rd November 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104194/2019
Registration Date
13 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: 14-11-2019
Business: Matter already adjd for Compliance and reply on said N/M to 14.01.2020.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 14-01-2020

Date: 14-01-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-03-2020

Date: 18-03-2020
Business: Matter transferred from C. R. No. 04 as per office order 61/2020.
Both parties and their Adv absent.
Matter stands Adj for reply to 09/06/2020.
Next Purpose: REPLY
Next Hearing Date: 09-06-2020

Date: 09-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 04-08-2020

Date: 04-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None present.
Matter stands Adj for reply on 03.02.2021.
Next Purpose: REPLY
Next Hearing Date: 03-02-2021

Date: 07-12-2020
Business: None present.
Matter stands Adj for reply on 03.02.2021.
Next Purpose: REPLY
Next Hearing Date: 03-02-2021

Date: 03-02-2021
Business: Adv Anjali Patil for plff present.
Adv Parekh for deft present.
Adv for plff filed reply to NM 4194/2019. t.o.r.
Copy of reply given to Adv for deft.
As connected matter is on 16/03/2021.
Matter stands Adj for NM Hearing to 16/03/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2021

Date: 16-03-2021
Business: Adv Anjali Patil for plff present.
Adv Parekh for deft present.
He seeks time for NM Hearing.  Granted.
Matter stands Adj for NM Hearing to 29/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-04-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 29-04-2021
Business: Due to lockdown Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2021

Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.08.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 12-07-2021
Business: Both parties and their advocates are absent when called out.
Matter is adjd.to 23.08.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: None for plaintiff.
Adv. Yash Momaya along with Adv. Rushabh Patil for deft. present.
The matter is adjd for N/M hearing to 06.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 23-08-2021
Business: None for plaintiff.
Adv. Yash Momaya along with Adv. Rushabh Patil for deft. present.
The matter is adjd for N/M hearing to 06.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: None for plaintiff.
Adv. Parekh for deft. present.
As no one appeared on behalf of plaintiff, matter is adjourned for N/M hearing.
The matter is adjd for N/M hearing to 20.09.2021 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 06-09-2021
Business: None for plaintiff.
Adv. Parekh for deft. present.
As no one appeared on behalf of plaintiff, matter is adjourned for N/M hearing.
The matter is adjd for N/M hearing to 20.09.2021 at 11.00 am.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Parekh for deft. present.
On oral request of Adv. For deft., the matter is adjd for N/M hearing to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Parekh for deft. present.
On oral request of Adv. For deft., the matter is adjd for N/M hearing to 27.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-10-2021

Date: 27-10-2021
Business: None for plaintiff.
Adv. Yash Momayya for deft. present.
Plaintiff and his advocate are not appearing before the Court.  Ld. Counsel for deft. submits that he will intimate next date of hearing to plaintiff\''s advocate.
The matter is adjd for N/M hearing to 01.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 27-10-2021
Business: None for plaintiff.
Adv. Yash Momayya for deft. present.
Plaintiff and his advocate are not appearing before the Court.  Ld. Counsel for deft. submits that he will intimate next date of hearing to plaintiff\''s advocate.
The matter is adjd for N/M hearing to 01.12.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2021

Date: 01-12-2021
Business: Adv. Suresh P. Thakore i/b. RKC Legal for plaintiff present.
Adv. Yash Momaya for deft. present.
Adv. For deft. tendered draft N/M.  Leave to register N/M is granted.
Copy of N/M is served to Adv. For plaintiff.
On oral request of Adv. For plaintiff, the matter is adjd for reply to N/M to 08.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 01-12-2021
Business: Adv. Suresh P. Thakore i/b. RKC Legal for plaintiff present.
Adv. Yash Momaya for deft. present.
Adv. For deft. tendered draft N/M.  Leave to register N/M is granted.
Copy of N/M is served to Adv. For plaintiff.
On oral request of Adv. For plaintiff, the matter is adjd for reply to N/M to 08.12.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-12-2021

Date: 08-12-2021
Business: P.O.is on Leave,
Matter Adjd.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-12-2021

Date: 20-12-2021
Business: Adv. Suresh P. Thakore i/b. RKC Legal for plaintiff present.
Adv. Parekh for deft. present.
Adv. For deft. tendered registered N/M No.3138/21. T.O.R.
Adv. For plaintiff filed draft copy of reply affidavit.  T.O.R.
Draft copy of reply is served to Adv. For deft.
The matter is adjd for hearing on N/M to 19.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022

Date: 20-12-2021
Business: Adv. Suresh P. Thakore i/b. RKC Legal for plaintiff present.
Adv. Parekh for deft. present.
Adv. For deft. tendered registered N/M No.3138/21. T.O.R.
Adv. For plaintiff filed draft copy of reply affidavit.  T.O.R.
Draft copy of reply is served to Adv. For deft.
The matter is adjd for hearing on N/M to 19.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2022

Date: 19-01-2022
Business: Adv. Suresh P. Thakore I/b RKC Legal for plaintiff present
Adv. For plaintiff tendered reply affidavit to Notice of Motion No.3138/21.  Taken on record.
The matter is adjd for hearing on notice of motion  to 21.02.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: P.O. is on leave.
Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022

Date: 21-02-2022
Business: P.O. is on leave.
Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-03-2022

Date: 15-03-2022
Business: P. O. is on leave.
Hence, Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022

Date: 15-03-2022
Business: P. O. is on leave.
Hence, Matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-03-2022

Date: 30-03-2022
Business: None for plaintiff.
Adv. Parekh for deft. present.
Adv. For plaintiff is absent.
The matter is adjd for N/M hearing to 19.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 30-03-2022
Business: None for plaintiff.
Adv. Parekh for deft. present.
Adv. For plaintiff is absent.
The matter is adjd for N/M hearing to 19.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-04-2022

Date: 19-04-2022
Business: Adv. Rajesh Chaudhary for plaintiff present.
Adv. Parekh for deft. present.
Heard arguments of both sides on N/M No.3138/21.
The matter is adjd for order on N/M No.3138/21 to 25.04.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2022

Date: 25-04-2022
Business: Adv. Rajesh Chaudhary for plaintiff present.
Adv. Parekh for deft. present.
F.R.S.R. following order is passed below N/M No.3138/21 -
ORDER
1.   Defendant shall pay costs of Rs.5,000/- (Rupees Five Thousand Only) to plaintiff within one week.
2.  On payment of aforesaid costs within stipulated period, written statement be taken on record.
3.   Notice of Motion No.3138/2021 is disposed of accordingly.
The matter is adjd for compliance to 02.05.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-05-2022

Date: 02-05-2022
Business: None for plaintiff.
Adv. Parekh for deft. present.
Adv. For deft. submits that as per order dated 25.04.2022, deft. has paid costs to plaintiff\''s advocate.  He has filed copy of the acknowledgment.  T.O.R.
Exh.2 - Adv. For deft. tendered written statement.  T.O.R.
O. - Read and recorded.
Deft. is directed to file statement of truth in accordance with Commercial Courts Act.
The matter is adjd for filing statement of truth and hearing on N/M to 17.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2022

Date: 17-06-2022
Business: Adv. Rajesh Chaudhary for plaintiff present.
Adv. Parekh for deft. present.
Adv. For deft. sought time for filing statement of truth and hearing on N/M.  Time as prayed for is granted as a last chance.
The matter is adjd for filing statement of truth and hearing on N/M to 08.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-07-2022

Date: 08-07-2022
Business: None for plaintiff.
Adv. Yash Momaya along with Adv. Akash Agarwal i/b. ABH Law LLP for deft. present.
The matter is adjd for filing statement of truth and N/M hearing to 22.07.2022.
L.O. at 03.10 pm.
Adv. Rajesh Chaudhary for plaintiff present.
The matter is already adjd for filing statement of truth and N/M hearing to 22.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Rajesh Chaudhary for plaintiff present.
Adv. Yash Momaya along with Adv. Rushabh Parekh i/b. ABH Law LLP for deft. present.
Exh.3 - Adv. For deft. tendered application for transfer of the suit to regular civil court.
O. - Other side to say.
Copy is supplied to Adv. For plaintiff.
The matter is adjd for reply and hearing on Exh.3 to 27.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022

Date: 27-07-2022
Business: Adv. Rajesh Chaudhary for plaintiff present.
Adv. Parekh for deft. present
Adv. For plaintiff sought time for filing reply on Exh.7.  Time as prayed for is granted.
The matter is adjd for reply and hearing on Exh.7 to 10.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-08-2022

Date: 10-08-2022
Business: None for plaintiff.
Adv. Parekh for deft. present.
Plaintiff failed to file reply to application (Exh.3).  Therefore, matter be kept for hearing on Exh.3.
The matter is adjd for hearing on Exh.3 to 24.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: None for plaintiff.
Adv. Parekh for deft. present.
The matter is adjd for hearing on Exh.3 to 07.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-09-2022

Date: 07-09-2022
Business: Adv. Rajesh Chaudhary for plaintiff present.
Adv. Parekh for deft. present.
Adv. For plaintiff sought time for hearing on Exh.3.  Time as prayed for is granted.
The matter is adjd for hearing on Exh.3 to 23.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-09-2022

Date: 23-09-2022
Business: CORAM - H.H.J. SHRI. A. S. SALGAR, AD-HOC JUDGE AND ADDITIONAL SESSIONS JUDGE
(COURT ROOM NO. 31)
Matter pertains to court room no. 14
Adv. Vaidehi Limaye for plaintiff present.
None for defendant when called.
Adv. for plaintiff tendered written submissions to Exh.3 T.O.R. O- R and R
Copy be served upon other side.
Adjd for hearing to 14/10/2022
Next Purpose: HEARING
Next Hearing Date: 14-10-2022

Date: 14-10-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 18-11-2022

Date: 18-11-2022
Business: The Court is Vacant.
Hence, Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 14-12-2022

Date: 14-12-2022
Business: The Court is Vacant.
Hence, The matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 11-01-2023

Date: 11-01-2023
Business: The Court is Vacant. Hence, The Matter is adjourned.
Next Purpose: HEARING
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: The court is vacant. Hence, matter is adjd.
Next Purpose: HEARING
Next Hearing Date: 15-03-2023

Date: 15-03-2023
Business: The court is vacant. Hence, matter is adjd to
Next Purpose: HEARING
Next Hearing Date: 12-04-2023

Date: 12-04-2023
Business: Court is vacant. Hence, case adjourned to
Next Purpose: HEARING
Next Hearing Date: 16-06-2023

Date: 16-06-2023
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: HEARING
Next Hearing Date: 19-07-2023

Date: 19-07-2023
Business: Matter received from C.R. No. 14
None present for parties.
Matter is adj for hearing on Exh.3 (on point of
maintainability) to 24/08/2023.
Next Purpose: HEARING
Next Hearing Date: 24-08-2023

Date: 24-08-2023
Business: Court is on leave.
Next Purpose: HEARING
Next Hearing Date: 11-09-2023

Date: 11-09-2023
Business: Adv. Smt. Ria Garg i/b. RKC Legal for plaintiff present.
Adv. Hardik Desai for def. present.
Ld. Adv. for plaintiff submitted that she wants to file vakalatnama on behalf of the plaintiff and withdraw the suit. She may be granted time to file vakalatnama.
Matter is adj for taking steps by plaintiff to 27/09/2023
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 27-09-2023

Date: 27-09-2023
Business: Court is on leave. Hence adjd. to
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 07-10-2023

Date: 07-10-2023
Business: Proposed A.R Mr. Abbas Ujjainwala for plaintiff is  present.
Adv. Navdeep Daliya for plaintiff is present and and undertakes to file V/P on next date.
Adv. Hrushabh Parekh for def. is present.
Matter is adj for taking steps to 03/11/2023.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 03-11-2023

Date: 03-11-2023
Business: Adv.  Navdeep Dahia for plff present
Exh. 4 (Colly)– Vakalatnama for plff. alongwith affidavit of Authorized Signatory of the plff company and copy of Board Resolution and authority letter.
Adv. Rushabh Parekh for deft present.
Exh. 5- Withdrawal pursis.
Order below Exh. 1
In view of withdrawal pursis Exh. 9, matter is hereby disposed off as withdrawn. Court fees may be refunded if provided for in the prescribed rules. NM no. 4194/19 is stands disposed off as suit withdrawn.
Nature Of Disposal: WITHDRAWL
Disposal Date: 03-11-2023

Additional Case Details

Additional Case Details
Filing Number: 112274/2019
Filing Date: 13-11-2019
First Hearing Date: 14th November 2019
Decision Date: 03rd November 2023
Court Number And Judge: 32-COURT 32 ADD. SESSIONS JUDGE

Orders

1
Final Order 1
03 Nov 2023
Order Details: Other
Pdf Text: 03.11.2023
14
Coram: H. H. J. SHRI. V. S. Gaike Judge, (C. R. NO. 32)
Comm Suit
1056/21
Exh-4 (Colly)
Exh. 5
Adv. Navdeep Dahia for plff present
Exh. 4 (Colly)– Vakalatnama for plff. alongwith affidavit of Authorized
Signatory of the plff company and copy of Board Resolution and authority
letter.
Adv. Rushabh Parekh for deft present.
Exh. 5- Withdrawal pursis.
Order below Exh. 1
In view of withdrawal pursis Exh. 9, matter is hereby disposed off as
withdrawn. Court fees may be refunded if provided for in the
prescribed rules. NM no. 4194/19 is stands disposed off as suit
withdrawn.
Judge
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