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NOTICE OF MOTION

Jawaharlal Ramkishan Agarwal and Ors.VsSurajratan Agarwal and Ors.

CNR MHCC01013009201962-COURT 62 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 14th March 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104760/2019
Registration Date
11 Dec 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: 13-12-2019
    Business: As Court is on leave, adjourned to 05-03-2020 N/M for Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2020
    
    Date: 05-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 06-07-2020
    
    Date: 06-07-2020
    Business: Due to covid pandemic and lockdown
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Business: Due to Covid 19
    Next Purpose: COMPLIANCE
    Next Hearing Date: 27-11-2020
    
    Date: 27-11-2020
    Business: None present for Plaintiffs.
    None present for Defendants.
    It seems that due to Corona pandemic, Plaintiffs are absent, hence case is adjourned to 15/02/2021 for Ch/s. hearing.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 15-02-2021
    
    Date: 15-02-2021
    Business: Adv Mr.Ayush Tiwari h/f Adv Mr. Pandey for plff present and filed registered NM No. 4760/2019 along with affidavit in support.
    He also filed affidavit of service of said Notice of Motion on the defts.
    Contentions raised in the affidavit that deft Nos.1 and 3 are served with notice of motion are supported by postal acknowledgments. Service is proper. Deft No.3 has already filed reply to said NM before it was tendered in the Court. Despite service, deft No.1 did not appear hence, NM No.4760/2019 to proceed ex-parte against deft No.1. Likewise, contentions raised in the affidavit of service that deft No.2 has not accepted the envelope containing notice of motion is also supported by returned postal envelope. Postal Department has returned those postal envelopes with endorsements as “unclaimed”. Deemed proper service. Deft No.2 did not appear hence, NM No.4760/2019 to proceed ex-parte against deft No.2.
    Adjourned for NM hearing to 25.03.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-03-2021
    
    Date: 25-03-2021
    Business: None present for both the parties.
    considering the present Pandemic Condition, matter is adjourned till next date at same stage.
    Adjourned for NM hearing to 21.04.2021.
    Judge
    LO
    Adv. Jaya Sharma for plaintiff present and seeks adjournment.
    Already adjourned to 21.04.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Adv. Mangaonkar i/b Adv. Pandey for plaintiff present and seeks adjournment.
    None present for defendants.
    Matter adjd for NM hearing on 10/11/2021.
    Judge
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: Adv Ms. Mangonkar h/f Adv Mr. Pandey present for plff. and seeks adjournment.
    None present for deft.
    On request of adv for plff, as nobody is present for deft, matter is adjd. for NM hearing ot 21.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: Adv Mr. Tiwari h/f Adv Mr. Vivek Pandey present for plff. and seeks adjournment.
    None present for deft.
    As nobody is present for deft, on request of adv for plff, matter is adjd. for NM hearing to 29.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: Wrongly on Board Court is on Leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-06-2022
    
    Date: 29-06-2022
    Business: None present for both parties.
    Matter adjd to 20/08/2022 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None present for both sides.
    Matter adjd to 19.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: None present for both sides. The plaintiff failed to proceed with notice of motion NM 4760/19, hence, keep for order.
    Matter adjd to 17.01.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 17-01-2023
    
    Date: 17-01-2023
    Business: Adv.Shyam K. Tripathi for plaintiff present.
    None present for defendant.
    On oral request of the plaintiff matter adjd to 14.03.2023 for order.
    Next Purpose: ORDER
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: None present for both sides.
    Read the roznama dated 19.10.2022, 17.01.2023. The plaintiff failed to proceed with NM. Today also plaintiff is absent, hence, NM No.4760/2019 is dismissed for default.
    Nature Of Disposal: DISMISSED
    Disposal Date: 14-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113811/2019
    Filing Date: 11-12-2019
    First Hearing Date: 13th December 2019
    Decision Date: 14th March 2023
    Court Number And Judge: 62-COURT 62 AD-HOC  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    14 Mar 2023
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 62 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0104760/2019
    Jawaharlal Ramkishan Agarwal and Ors. Vs Surajratan Agarwal and Ors.
    Date : 14-03-2023
    Business : None present for both sides. Read the roznama
    dated 19.10.2022, 17.01.2023. The plaintiff failed
    to proceed with NM. Today also plaintiff is absent,
    hence, NM No.4760/2019 is dismissed for default.
    Nature of Disposal : DISMISSED
    Disposal Date : 14-03-2023
    COURT 62 ADDL SESSIONS JUDGE
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