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NOTICE OF MOTION

Mrs. Milagres Anand CastelinoVsMr. Kumar Pribhdas Jaising

CNR MHCC01012238201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 06th January 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104476/2019
Registration Date
27 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: 02-12-2019
    Business: Adv. Agiwal for plaintiff present and filed original NM no.  4476/19 along with affidavit.
    Adv. Irale for defendant present.
    Matter stands Adj for order on NM 961/19 to 10.12.2019.
    Next Purpose: ORDER
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Business: Adv. Agiwal for plaintiff present.
    Adv. Irale for defendant present.
    Court is busy in dictating order in st. no. 12457/19.
    Matter stands Adj for Order on NM no. 961/19 to 12.12.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-12-2019
    
    Date: 12-12-2019
    Business: Adv. Agiwal for plaintiff present.
    Defendant present.
    Adv. Irale for defendant present.
    Court is busy in Recording Evidence in Suit no. 2608/13.
    Matter stands Adj for order on NM no. 961/19 to 18.12.2019
    Next Purpose: ORDER
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Plaintiff present in person and her advocate absent.
    Defendant present.
    Adv. Ravi Irle for defendant present.
      FRSR following order is passed below
                                      ORDER
    1.    Notice of Motion no. 961/19 is hereby dismissed and disposed of accordingly.
    
    2.       Suit to proceed further for filing of WS by defendant within extended time and filing of reply affidavit by the defendant to NM no. 4476/19.
    Matter stands Adj for filing WS by defendant and reply to NM no. 4476/19 to 20.01.2020.
    Next Purpose: REPLY
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    
    Date: 05-03-2020
    Business: Court is busy in dictated order in suit no. 2880/19. Hence, board is discharged.
    Matter stands Adj for 09.04.2020
    Later on 5.00 pm
    Adv. Agiwal for plaintiff present and submitted that defendant has already availed time for filing reply to NM no. 4476/19. The motion is pending since long. Hence, the date given i.e. 09.04.2020 is very long date, it may be preponed on some earlier date.
    None present for defendant.
    Considering the oral request, date is preponed to 24.03.2020 with direction to the Ld. counsel for plaintiff to inform the change in date to the Ld. counsel for defendant.
    Matter stands adjn for filing reply to NM on 24.03.2020.
    Next Purpose: REPLY
    Next Hearing Date: 24-03-2020
    
    Date: 24-03-2020
    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
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: In view of declaration of Novel Corona Virus(COVID-19) as global pandemic by WHO and as per office order No. 77 of 2020, matter adjourned.
    Next Purpose: REPLY
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 23-11-2020
    
    Date: 23-11-2020
    
    Date: 14-01-2021
    Business: None for Plaintiff.
    Advocate Ravi Irle h/f advocate Ms.Preeti Shah for defendant present and submits that draft of reply to NM is ready and he  will tender it on next date.
    Time is granted.
    The case is adjourned to 22.02.2021 for NM reply.
    LO at 02.35pm,
    Advocate Manoj Agiwal for Plaintiff present.
    Already the case is adjourned to 22.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Advocate Manoj Agiwal for plaintiff present.
    Advocate Ravi Irle h/f adv. Ms. Preeti Shah for defendant present and seeks time.
    Time is granted as last opportunity.
    The case is adjourned to 26.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-03-2021
    
    Date: 26-03-2021
    Business: In view of guidelines dated 23.02.2021 directed to be implemented from 25.03.2021 limited matters are taken up. Hence, except the daily board, the regular board is discharged.
    The case is adjourned to 15.06.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: Court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-06-2021
    
    Date: 30-06-2021
    
    Date: 19-07-2021
    Business: In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: None for plaintiff.
    Adv. Ravi Irle for deft. present.
    In view of Office Order No.106/21 dated 14.06.2021, only urgent matters are taken for hearing. Hence, board is  discharged.
    The matter is adjd to 21.08.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: None for plaintiff.
    Adv. Preeti Shah for deft. present.  She tendered reply affidavit to N/M.  T.O.R.
    The matter is adjd for N/M hearing to 16.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: None for plaintiff.
    Adv. Ravi Irle for deft. present.
    No one appeared for plaintiff.  Therefore, matter is adjourned for hearing on N/M no.4476/19.
    The matter is adjd for N/M hearing to 08.10.2021.
    L.O. at 03.50 pm.
    Adv. Manoj Agiwal for plaintiff present.
    The matter is already adjd for N/M hearing to 08.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Ravi Irle for deft. present.
    By consent, the matter is adjd for N/M hearing to 13.10.2021 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Ravi Irle for deft. present.
    Heard arguments of Adv. For plaintiff on N/M no.4476/19.
    On the request of Adv. For deft, the matter is adjd for  hearing of deft. on N/M to 21.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2021
    
    Date: 21-10-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Preeti Shah for deft. present.
    On oral request of Adv. For deft., the matter is adjd for defendant\''s hearing on N/M to 26.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Preeti Shah for deft. present.  Deft. present.
    Adv. For deft. filed further affidavit in reply for N/M No.4476/19.  T.O.R.
    Heard Adv. For deft. on N/M No.4476/19.
    It is submitted on behalf of deft. that the interest amount shown in the income tax returns of the deft. for the assessment year 2019-20 is the amount received by deft.  from the fixed deposits which deft. made from the money given by his son Anmol and daughter Simran as per statements filed along with further affidavit dated 26.10.2021.  Considering the issue involved in the N/M No.4476/19, deft. is directed to give particulars of the fixed deposits which he has made as per statements made in further affidavit dated 26.10.2021.
    Ld. counsel for plaintiff sought liberty to file reply to additional affidavit submitted by deft.  Plaintiff is at liberty to file reply to the additional affidavit dated 26.10.2021.
    The matter is adjd for reply and hearing to 17.11.2021 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Ravi Irle for deft. present.
    By consent, the matter is adjd for reply to 01.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Ravi Irle for deft. present. Deft. present.
    Adv. For deft. tendered additional reply affidavit.  T.O.R.
    Adv. For plaintiff tendered rejoinder to reply affidavit dated 26.10.2021.  T.O.R.
    Copy of additional reply affidavit is given to Adv. For plaintiff and copy of rejoinder is given to Adv. For deft.
    The matter is adjd for further arguments on N/M to 08.12.2021 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: P.O.is on Leave,
    Matter Adjd.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Preeti Shah for deft. present.  Deft. present.
    Heard both sides on N/M No.4476/19.
    Adv. For deft. sought time for filing account statement of HDFC Bank account bearing no.0001500003702. Considering the issue involved in the N/M, time for filing account statement is granted as a last chance.
    Adv. For deft. undertakes to serve the copy of accounts statement to Adv. For plaintiff.
    The matter is adjd for compliance to 21.12.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. Manoj Agiwal for plaintiff present.
    Adv. Ravi Irle for deft. present.
    Exh.4 - Adv. For deft. filed list of documents.  T.O.R.
    Exh.5 - Say of plaintiff on documents filed along with list (Exh.4).  T.O.R.
    Already arguments of both sides were heard on N/M No.4476/19, therefore, matter be kept for orders on N/M.
    The matter is adjd for order on N/M No.4476/19 to 06.01.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 113061/2019
    Filing Date: 27-11-2019
    First Hearing Date: 02nd December 2019
    Decision Date: 06th January 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    06 Jan 2022

    Order Details: Notice of Motion Pdf Text: 1 MHCC010122382019 Presented on : 27/11/2019 Registered on : 27/11/2019 Decided on : 06/01/2022 Duration : Y M D 02 01 09 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) NOTICE OF MOTION NO.4476 OF 2019 IN COMMERCIAL SUIT NO.914 OF 2021 (SUIT NO.1337 OF 2019) Mrs. Milagres Anand Castelino aka as Milagres Maria Ignes Castelino Age: 67 years; Occupation: Business, partner of Larissa International…

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