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NOTICE OF MOTION

Ms. Vaijayanti Vasant Patil and Anr.VsPradeep Shamrao Chogle and Ors.

CNR MHCC01012767201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th October 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104663/2019
Registration Date
06 Dec 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: 26-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-05-2020

Date: 12-05-2020
Business: National Lock down
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
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 14/08/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2020

Date: 14-08-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: None present for Plaintiff.
None present for Defendants.
Due to Corona pandemic, it seems that parties are absent, hence case is adjourned to 13/01/2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-01-2021

Date: 15-01-2021
Business: Adv Mr. Vivek Agarwal for plff present.
Adv Ms. Neha Dave for deft No.1 present.
None present for other defendants.
Advocate for the plff tendered registered CS No.443/2020.
He seeks time to serve the respondents with the copy of Ch/s.
Adv. for deft No.1 seeks time to tender the registered NM.
By consent, matter is adjd. for appearance of respondents, for tendering registered NM by deft No.1 and for reply of plff to said NM to 24.02.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Adv Mr. Vivek Agrawal for plff present and filed affidavit of service of Ch/s No.443/2020.
Respondent No.2 alone is served properly. She failed to appear despite proper service hence, Ch/s No. 443/2020 to proceed ex-parte against respondent No.2.
Adv for pflf seeks time to serve respondents Nos.1 and 3.
O- Time granted till next date.
Adv Mr.Ashok Mate for  deft No.1 present and tendered registered NM 4663/19 along with affidavit.
Adv for plff seeks time to file reply to said NM.
Matter is adjd. for NM reply and service of CS No.443/2020 on respondent Nos.1 and 3 to 30.04.2021.
Next Purpose: CHAMBER SUMMONS
Next Hearing Date: 30-04-2021

Date: 30-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-07-2021

Date: 28-07-2021
Business: None present for plff.
Adv Ms. Mansi Tipnis i/b Mhatre & Asso. for deft No.1 present.
As nobody is present for plff, considering the present pandemic condition, matter adjd.at same stage till next date.
Matter is adjd. for NM reply and service of Ch/s No.443/2020 on respondent Nos.1 and 3 to 11.08.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-08-2021

Date: 11-08-2021
Business: Adv Mr. Shashipal Shankar for plff present and seeks time to serve respondent Nos.1 and 3 with the Ch/s. O- Time granted till next date. He also seeks time to file reply in NM No.4663/2019. O – Time granted till next date.
Adv Ms. Manasi Tipnis i/b Mhatre & Asso for deft No.1 present.
Matter is adjd. for steps and reply to 16.09.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 16-09-2021

Date: 16-09-2021
Business: None present for plff.
Adv Mr. Kishore Mhatre for deft No.1 present and submitted that connected suit is kept on 29.10.2021.
As nobody is present for plff, this matter is adjd. with connected suit at same stage to 29.10.2021.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: Adv Mr. Vivek Agrawal present for plff. and filed application on affidavit in Ch/s No.443/2020 to allow the plff to publish notice of Ch/s in Newspaper for substituted service on respondent Nos.1 and 3. The affidavit of service though is filed previously, original returned postal envelop is not produced with said affidavit. Plff to produce original returned postal envelop.
Adv Ms. Manasi Tipnis i/b Mhatre and Asso. for deft No.1 present.
Adv. for the plff endorsed reply as “allowed subject to cost on N.M.No.4663/2019. Heard. It appears that adv. for the plff has no objection to allow the NM subject to cost. There is a delay  of 271 days in filing written statement by deft No.1.  However it does not appear that the delay is intentional. Considering the statements made in the affidavit filed in support of the NM and reply filed by the adv. for the plff, this Court is of the opinion that interest of justice will be protected if the delay caused in filing WS by deft No.1 is condoned by imposing certain cost. Thus N.M.No.4663/2019 is allowed subject to cost of Rs.1000/-. Deft No.1 shall either pay the amount of cost directly to the plff or shall deposit it in the Court on or before next date.
Matter is adjd. for compliance and hearing  to 15.11.2021.
Nature Of Disposal: ALLOWED
Disposal Date: 29-10-2021

Additional Case Details

Additional Case Details
Filing Number: 113575/2019
Filing Date: 06-12-2019
First Hearing Date: 26th February 2020
Decision Date: 29th October 2021
Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Oct 2021

Order Details: Other Pdf Text: 29/10/2021 CORAM : H.H.J. SHRI P.P.RAJVAIDYA (C.R. NO.62) 23 CA SU 124/19 Adv Mr. Vivek Agrawal present for plff. and filed application on affidavit in Ch/s No.443/2020 to allow the plff to publish notice of Ch/s in Newspaper for substituted service on respondent Nos.1 and 3. The affidavit of service though is filed previously, original returned postal envelop is not produced with said affidavit. Plff to produce original returned postal envelop. Adv Ms. Manasi Tipnis…

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