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NOTICE OF MOTION

Suresh Bhiku ValanjooVsRidhi Ravindra Naravankar and Ors.

CNR MHCC01012113201959-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 01st September 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
104413/2019
Registration Date
25 Nov 2019

Advocates

2

Parties

2

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 23-01-2020
Business: Advocate Ms. Nilima for plaintiff is present.
Advocate Nirmala Bhosale for defendant is present and filed registered NM no. 4413/19.
It is directed to the advocate for defendant to serve copy on NM to the plaintiff.
Adjourned for furnishing copy of NM to the plaintiff to 07.02.2020.
                                                                               Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2020

Date: 07-02-2020
Reason For Adjournment: court time is over
Next Purpose: COMPLIANCE
Next Hearing Date: 06-03-2020

Date: 06-03-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lockdown due to Covid 19
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-09-2020

Date: 04-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2020

Date: 16-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-12-2020

Date: 08-12-2020
Business: Adv. Nilima Sarvagod for plaintiff present.
None for defendant.
Today matter is for NM reply.
Ld Adv for plff submits that copy of the NM is not served to the plff. Hence, defendants are directly to supply copy of the NM to plaintiff.
The Hon''ble High Court directed as per clause 4 of SOP dt. 27/11/2020 under the title of Judicial and Administrative work not to pass any adverse order owing to the absence of the advocates, parties, witnesses or accused persons.
Matter adjd for supply of copy of NM to the plaintiff and NM reply to 13-01-2021.
Next Purpose: REPLY
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: Adv. Nilima C. Sarvagod for plaintiff present and seeking time to file reply to notice of motion. She further stated that the copy of notice of motion is still not received by the plaintiff. Until the copy is served reply cannot be filed.
None for defendant.
Direction is given to the defendant to provide copy of notice of motion to the plaintiff, the compliance of which is pending since 23.01.2020.
Adjd for compliance to 30/03/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 30-03-2021

Date: 30-03-2021
Business: Nobody present.
Adjd for compliance to 27/07/2021
Next Purpose: COMPLIANCE
Next Hearing Date: 27-07-2021

Date: 27-07-2021
Business: Due to COVID-19 matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 15-09-2021

Date: 15-09-2021
Business: Board is discharged.  Matter adj. to
Next Purpose: COMPLIANCE
Next Hearing Date: 11-11-2021

Date: 11-11-2021
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-01-2022

Date: 20-01-2022
Business: Court is Vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 09-03-2022

Date: 09-03-2022
Business: AS PO IS ON TRAINING
Next Purpose: COMPLIANCE
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: Matter called out at 3.55 pm
None present for plff
Adv Bhosale for Defendant present.
Adv for the def submitted that none is present for the plff for providing copy of NM and she is ready to provide the same.She submitted that she will serve the copy upon plaff by RPAD.
Matter is adjd on  22.08.2022 for Service Affidavit
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 22-08-2022

Date: 22-08-2022
Business: Adv Nilima Sarvagod for plff present
None  for Defendant
Adv for plff tendered affidavit of service t.o.r
Court is busy in hearing argument in Suit No. 6988/2005.  Hence Board is discharged.
Matter is adjd on 14.11.2022 for affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 14-11-2022

Date: 14-11-2022
Business: None present
Matter is adjd on 23.12.2022 for Affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 23-12-2022

Date: 23-12-2022
Business: Matter called out at 2.52 pm
None for plff
None for defendant
Matter is adjd on 27.02.2023 for Affidavit of service
Next Purpose: AFFIDAVIT OF SERVICE
Next Hearing Date: 27-02-2023

Date: 27-02-2023
Business: None present for plaintiff.
Adv. Nirmala Bhosale for defendant present and tendered original registered NM No.4413 of 2019. TOR.
Service affidavit shows that service upon adv. for plaintiff is complete. No reply is filed on behalf of plaintiff. NM Shall proceed without reply of plaintiff.
Matter is adjd on 25/04/2023 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2023

Date: 25-04-2023
Business: adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-07-2023

Date: 21-07-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
As court is busy argument and recording evidence in sessions case, parties are directed to mark their appearance, file necessary application with Sheristedar.  Hence, no effective hearing is taken place.  Accordingly matter adjourned.
Adv.Aniket Kamble i/b Adv.Onkar Warange for plaintiff present.
Matter is adj to 01/09/2023 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-09-2023

Date: 01-09-2023
Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
None present.
Defendant failed to proceed with N/M hence keep it for dismissal order.
Matter is adj to 06/11/2023 for dismissal on N/M.
Later on at 3.45pm
None for plaintiff.
Adv.Nirmala Bhosale for defendant present.
Heard Ld.Adv.for defendants.
                         ORDER ON N/M NO.4413/19.
         Notice of Motion moved by defendants condone delay of 344 days to file written statement.  It is their contention that they are served with summons on different dates they reside at Dapoli.  It is also their contention that they are uneducated hence not aware about the court proceeding hence prayed to allow the N/M.
      Contents of N/M remained unchallenged hence there is no reason to disbelieve their contention.  However want of court proceeding may not be ground to condone the delay.  Defendants have filed written statement along with N/M.  Hence, to decide matter on merit it is just and proper to allow the N/M but want of proper explanation ensue the cost.  Considering delay it would be just and proper to impose the cost of Rs.5,000/-.  Accordingly N/M No.4413/19 is allowed subject to cost of Rs.5,000/- payable on or before next date.  Defendants to deposit such cost towards DLSA, Mumbai.  On payment of aforesaid cost written statement be taken on record.
Matter is adj to 06/11/2023 for compliance.
                                                                                              Judge
Later on at 4.04pm
Adv.Aniket Kamble i/b Adv.Onkar Warange for plaintiff present.
Nature Of Disposal: ALLOWED
Disposal Date: 01-09-2023

Additional Case Details

Additional Case Details
Filing Number: 112807/2019
Filing Date: 25-11-2019
First Hearing Date: 23rd January 2020
Decision Date: 01st September 2023
Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
01 Sept 2023

Order Details: Notice of Motion Pdf Text: 43,44 01/09/2023 SUIT 907/17 NM 4413/19 CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59) None present. Defendant failed to proceed with N/M hence keep it for dismissal order. Matter is adj to 06/11/2023 for dismissal on N/M. Later on at 3.45pm None for plaintiff. Adv.Nirmala Bhosale for defendant present. Heard Ld.Adv.for defendants. ORDER ON N/M NO.4413/19. Notice of Motion moved by defendants condone delay of 344 days to file written statement. It is…

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