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NOTICE OF MOTION

Union of India Through Senior Superitendent of Post Offices MumbaiVsSmt. Ila Yogesh Shah and Ors.

CNR MHCC01011678201984-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th December 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104271/2019
Registration Date
16 Nov 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: 02-01-2020
    Business: Plaintiff absent.
    Defendant absent.
    Adv.Smita Hartalkar for plaintiff present.
    Adv.for defendant absent.
    Advocate for plaintiff tender affidavit of service - TOR
    Matter adjd to 25.02.2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2020
    
    Date: 25-02-2020
    Next Purpose: REPLY
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Adv.Smita Hartalkar for plaintiff present.
    Adv.for defendant absent.
    Matter adjd to 03.04.2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-04-2020
    
    Date: 03-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 26-10-2020
    
    Date: 26-10-2020
    Business: P.O is on leave.
    Matter Adjd on 25/01/2021.
    Next Purpose: REPLY
    Next Hearing Date: 25-01-2021
    
    Date: 25-01-2021
    Business: Adv. Smita Hartalkar for applicant/defendant.
    None for plaintiff/respondent.
    Adjd to 23-04-2021
    Next Purpose: REPLY
    Next Hearing Date: 23-04-2021
    
    Date: 23-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 04-10-2021
    
    Date: 04-10-2021
    Business: Adv Munjaji Harkal as representative of Post Office present.
    KB
    LO
    None present.
    Matter is adjd to 16.12.2021 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Adv. Smita Hartalkar for the applicant/plaintiff present.
    None for defendant.
    Matter is adjd. to 11/02/2022 for NM reply/hearing.
    Next Purpose: REPLY
    Next Hearing Date: 11-02-2022
    
    Date: 11-02-2022
    Business: As per SOP dated 07/01/2022, in Office Order No.07/2022, due to COVID-19 (Third wave, Omicron). Matter is Adjd.
    Matter is adjd. to 11.03.2022 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. M. M. Harkal for applicant present.
    Representative of plaintiff present.
    Matter is adjd. for reply to 21-04-2022.
    Next Purpose: REPLY
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: None present.
    Matter is adjd. for NM reply to 27-07-2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: As court is vacant.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-09-2022
    
    Date: 22-09-2022
    Business: As Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-11-2022
    
    Date: 28-11-2022
    Business: As court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: As court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2023
    
    Date: 12-06-2023
    Business: Adv. Smita Hartalkar present for plaintiff.
    None present for defendant.
    It appears from the record that the plaintiff has made party to LIC of  India as defendant. No. 3 in motion. Hoever, same is not the party in original suit. The plaintiff to take steps. It also appears that the plaintiff have served to def. no. 2 monish, but there is no proper service to Defe. No.2 Ila Shah plaintiff take steps.
    L.O. at 1.20 pm.
    Plaintiff present in person.
    Matter stands adjourned to  NM hearing on 08-08-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv. Sunita Hartalkar present for Applicant, tendered application for re-issue of notice TOR marked as Exh.8.
    O-Allowed.
    Matter stands adjourned for compliance on 27-09-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-09-2023
    
    Date: 27-09-2023
    Business: As Court is on leave, matter adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv.Smita Hartalkar present for plaintiff, tendered draft CS @ affidavit TOR.
    O-Leave granted to register.
    None present for defendant.
    Heard.
    This CS is taken out contending to delete the name of respondent No.3 in NM , contending that inadvertently the name of respondent no.3 came to be added in the NM. The respondent No.3 is not party defendant in the original suit. The original suit No. 3426/08 came to be dismissed in default and present NM No. 4271/19 is filed for restoration of suit. Considering the fact that the respondent No.3 in NM was not the party in the original suit and service is not served on the respondent no.3. I proceed following order
    Order
    1. Draft Chamber Summons is allowed.
    2. Plaintiff is permitted to delete the name of respondent No.3 LIC of India from the array of respondent in NM.
    3. Plaintiff to carry out the amendment within stipulated period.
    4. Draft Chamber Summons disposed of accordingly.
    5.Chamber Summons be registered for statical purpose.
    Matter stands adjourned for compliance on 25-10-2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 25-10-2023
    
    Date: 25-10-2023
    Business: None present.
    Amendment not carried out as per order in Draft Chamber summons nor the chamber summons is get registered. Hence, put up for order.
    Matter stands adjourned for steps/order on 01-12-2023.
    L.O. at 3.20 pm.
    Adv. Smita Hartalkar present Plaintiff, tendered application for
    correction in Roznama dated 21-10-2023 TOR marked as Exh.11.
    O-Allowed as per Exh.11 and be corrected.
    She requested for extension of time to carry out the amendment.
    O-Granted for today only.
    Matter is already stands adjourned for steps/order on 01-12-2023.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 01-12-2023
    
    Date: 01-12-2023
    Business: As presiding officer is on leave. Hence, matter is adjourned
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-01-2024
    
    Date: 03-01-2024
    Business: None present.
    KB.
    L.O. at 2.20 pm.
    Adv. Smita Hartalkar present for plaintiff, tendered amended register NM No.4271/19 TOR.
    She also tendered register disposed off CS No. 1954/23 TOR.
    Matter stands adjourned for NM hearing on 14-03-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2024
    
    Date: 14-03-2024
    Business: Representative of plaintiff present in person. Seeking time. Time is granted.
    Adv.Deepali Sheth present for defendant.
    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: None present.
    Kept back.
    L.O. at 1.05 pm.
    Adv. Smita Hartalkar present for plaintiff.
    None present for defendant.
    Matter stands adjourned for Notice of Motion hearing
    on 10-06-2024 at 2.45 pm.
    L.O. at 1.10 pm.
    Adv. Deepali Sheth present for defendant.
    Matter is already adjourned for Notice of Motion hearing
    on 10-06-2024 at 2.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: Mr. S. H. Parab, Representative of plaintiff present.
    None present for defendant.
    Kept back.
    L.O. at 12.00 pm.
    Adv. Smita Hartalkar present for plaintiff, tendered service affidavit in Notice of Motion No.4271/19 TOR.
    Respondents failed to file reply to Notice of Motion, hence, proceed without reply.
    Matter stands adjourned for Notice of Motion hearing
    on 24-07-2024.
    L.O. at 3.00 pm.
    Adv. Deepali Sheth h/f Adv. Dubey present for defendant.
    Matter is already adjourned for Notice of Motion hearing
    on 24-07-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-07-2024
    
    Date: 24-07-2024
    Business: Adv.Smita Hartalkar present for plaintiff.
    None present for defendant.
    Kept back.
    L.O. at 1.20 pm.
    Adv.Smita Hartalkar present for plaintiff.
    Adv. Deepali Sheth h/f Adv. Dubey present for defendant.
    Heard the counsel of plaintiff.
    Put up for argument defendant.
    Matter stands adjourned for N/M hearing on 10-09-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: As the presiding officer is on leave, hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2024
    
    Date: 18-10-2024
    Business: As the presiding officer is on leave, hence, matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2024
    
    Date: 10-12-2024
    Business: disposed
    Nature Of Disposal: ALLOWED
    Disposal Date: 10-12-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 112527/2019
    Filing Date: 16-11-2019
    First Hearing Date: 02nd January 2020
    Decision Date: 10th December 2024
    Court Number And Judge: 84-COURT 84 ADHOC JUDGE AND ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Dec 2024

    Order Details: Notice of Motion Pdf Text: ..1.. Notice of Motion No.4271/2019 MHCC010116782019 IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT MAZGAON NOTICE OF MOTION NO.4271 OF 2019 (CNR NO.MHCC01-011678-2019) IN SHORT CAUSE SUIT NO.3426 OF 2008 (DISPOSED OF) Union of India Thru Sr. Supdt. Of ) Post Offices Mumbai )...Plaintiff Versus Smt. Ila Yogesh Shah and another )...Defendants Appearance :- Learned Advocate Smita Hartalkar for plaintiff. Learned Advocate Vishal Sheth holding for Advocate Ashish Dubey for defendants. CORAM…

    Read Full Order

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