Skip to main content
NOTICE OF MOTION

Arnold J. Von Geyer +1 moreVsMumtaz Iqbal Shaikh and Ors.

CNR MHCC0101312820191-COURT 01 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 20th September 2022

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104812/2019
Registration Date
16 Dec 2019

Advocates

3

For Petitioner

For Respondent

Parties

3

Petitioner

  1. 1Arnold J. Von Geyer
  2. 2Joy Kimemiah of Zimbabwe

Respondent

  1. 1Mumtaz Iqbal Shaikh and Ors.

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 14-01-2020
Business: P.O. is on Leave
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: CA of plaintiff present.
Adv for deft no.1 and 2 Ms.Dimondwala present.
CA of plaintiff stated that their advocate is not available today.
CA of plaintiff filed reply to N/M.
Adv for deft no.1 and 2 filed register N/M 4812/19.
Adv for deft. stated that she has received copy of reply to N/M
Matter is Adjd for N/M Hearing to 14.02.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: P.O.is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-02-2020

Date: 20-02-2020
Business: Adv for plaintiff Mr.D.D.Mello present.
Adv for deft no.1 and 2 Ms.Dimondwala present.
Adv for deft no.1 and 2 requested for adjournment.
O-Granted Lastly.
Matter is Adjd for C/S 1613/18 and N/M 4812/19 Hearing to 03.03.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv for plaintiff Mr.Denzil Dmello present.
Adv for deft no.1 and 2 Mr.Dimondwala present.
Heard Argument of Adv for plff. and deft on C/S 1613/18.
Heard Argument of Adv for plff and deft on N/M 4812/2019 .
Adv for plff. submitted case laws.
F.R.S.R. Following order is passed
1.Chamber Summons No.1613 of 18 is allowed in terms of prayer clauses (a) and (b).
2. Plaintiffs to carry to carry out amendment within 14 days from the date of this order.
3. Chamber Summons No.1613 of 18 stands disposed of.
Matter is Adjd for Order on N/M 4812/19 to 11.03.2020.
Next Purpose: NM  ORDERS
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: P.O. is on Leave.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Next Purpose: NM  ORDERS
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 06-05-2020

Date: 06-05-2020
Business: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM  ORDERS
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM  ORDERS
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: National Lockdown
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 09-07-2020

Date: 09-07-2020
Business: National Lockdown
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 25-08-2020

Date: 25-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.Matter adjd to Further Argument if any/ Order on N/M 4812/19 to 27.10.2020.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 27-10-2020

Date: 27-10-2020
Business: Due to National Lockdown (Covid-19) all parties absent.  Matter adjd for further argument/order on 05.11.2020.
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 05-11-2020

Date: 05-11-2020
Business: Due to National Lockdown (Covid-19). All parties absent.
Matter adjd to 18.02.2021.
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 18-02-2021

Date: 18-02-2021
Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.
Matter is adjourned to
Next Purpose: NM  ARGUMENTS P.H.
Next Hearing Date: 25-03-2021

Date: 25-03-2021
Business: None present.
Matter adjd for NM hearing on 23.04.2021. (Afternoon Session)
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharge adjd to 06/08/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-08-2021

Date: 06-08-2021
Business: Adv.Fernandes  for plaintiff present and tendered  draft Ch/S.  O- Leave granted to register.
Adv.Huda Diamondwala for defendant.
Matter adjd for N/M hearing on 20/09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: Adv. Fernandis for plaintiff is present.
Adv. H. Diamondwala for defendant no.1 is present.
Adv.for plaintiff tendered original registered CH/S No. 961/21. T.O.R.
                  Order below CH/S no. 961/21
Perused the chamber summons which is supported by an affidavit. Plaintiff no.1a is expired on 10.05.2021. The chamber summons is within limitation. There is no dispute about the names of legal heirs mentioned in the application, right to sue survives. Hence, I pass the following order-
                                   ORDER
Chamber Summons No. 961/21 is allowed and made absolute in terms of prayer clause (a) to (c). Plaintiff to carry out amendment within two weeks and shall supply the copy of amended plaint upon the defendant within two weeks thereafter.
Matter adjd for compliance on 07.10.2021.
Next Purpose: COMPLIANCE
Next Hearing Date: 07-10-2021

Date: 07-10-2021
Business: Adv. D Mello for plaintiff is present.
Adv. H. Diamondwala for defendants no.1 and 2 is present.
Matter adjd for NM hearing on 29.11.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2021

Date: 29-11-2021
Business: P.O. is on leave. Matter adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-01-2022

Date: 18-01-2022
Business: As per Office Order no. ''07of 2022 and ''103of 2022'' only Ugent matter is to be taken up for hearing therefore matter is adjd to
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-03-2022

Date: 22-03-2022
Business: Adv. Fernandis for pltff present.
Adv. Nuran Patel for deft nos. 1 and 2 present.
Representative of Court Receiver Ms. Rucha Ambekar present.
Court Receiver has submitted that the report No. 352/18 which is filed in SU No. 8446/99 be considered for hearing of NM No. 4812/19.
Matter is adjd to 28/06/2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-06-2022

Date: 28-06-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: Adv. Fernandis for plaintiff is present.
None present for defendant.
Matter adjd to 20.09.2022 for NM hearing as a last chance.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022

Date: 20-09-2022
Business: Adv. Fernandis for plaintiff is present.
None present for defendant.
Order below NM No. 4812/19
Roznama shows that on the previous date last chance given to the defendant to argue NM No.4812/19. However, today none present for the defendant when the matter is called. Therefore, the NM stands dismissed in default.
Nature Of Disposal: DISMISSED IN DEFAULT
Disposal Date: 20-09-2022

Additional Case Details

Additional Case Details
Filing Number: 113882/2019
Filing Date: 16-12-2019
First Hearing Date: 14th January 2020
Decision Date: 20th September 2022
Court Number And Judge: 1-COURT 01 ADDL SESSIONS JUDGE

Orders

1
Final Order 1
20 Sept 2022
Order Details: Notice of Motion
Pdf Text: Back
Daily Status
IN THE COURT OF :COURT 01 ADDL SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0104812/2019
1. Arnold J. Von Geyer 2. Joy Kimemiah of Zimbabwe Vs Mumtaz Iqbal Shaikh and
Ors.
Date : 20092022
Business : Adv. Fernandis for plaintiff is present. None present
for defendant. Order below NM No. 4812/19
Roznama shows that on the previous date last
chance given to the defendant to argue NM
No.4812/19. However, today none present for the
defendant when the matter is called. Therefore, the
NM stands dismissed in default.
Nature of Disposal : DISMISSED IN DEFAULT
Disposal Date : 20092022
COURT 01 ADDL SESSIONS JUDGE
-- 1 of 1 --

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.