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NOTICE OF MOTION

Neumec Elegance CHS Ltd.VsThe Babulnath Ashram CHS Ltd. and Anr.

CNR MHCC0101321320193-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 08th October 2021

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104841/2019
Registration Date
17 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: 17-01-2020
Business: None for plaintiff.
Adv.  T. B. Shinde   for defendant no. 1 present and tendered original registered NM No. 4841/19 along with affidavit in support.
Adjd to 26-02-2020 for nm service/reply .
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 26-02-2020

Date: 26-02-2020
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-04-2020

Date: 07-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-04-2020

Date: 18-04-2020
Business: Covid-19
Lockdown from 23-03-2020
Matter adj. to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-05-2020

Date: 29-05-2020
Business: In view of extension 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: NM REPLYREJOINDER
Next Hearing Date: 16-06-2020

Date: 16-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-11-2020

Date: 09-11-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: None present.
The case is adjourned to 10.02.2021 for service.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2021

Date: 10-02-2021
Business: Advocate Ayush Tiwari for plaintiff present and submits that defendant no.1 has served NM on the Plaintiff.
He submits that Plaintiff does not intend to file reply and he will advance oral submissions.
None for defendant.
The case is adjourned to 04.03.2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-03-2021

Date: 04-03-2021
Business: Advocate Ms.Jaya Sharma for plaintiff present.
None for defendant no.1.
The case is adjourned to 31.03.2021 for NM dismissal.
LO at 3.30pm
Advocate Vijay Chavan for defendant no. 1 present.
Already the case is adjourned to 31.03.2021 for NM dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 31-03-2021

Date: 31-03-2021
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 18.06.2021 for NM for Dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: In view of office order No. 100/2021 dtd. 04.06.2021  of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dtd. 16.04.2021 issued by Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases and the views of stakeholders, the matter is adjourned.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-08-2021

Date: 18-08-2021
Business: Matter called out at 04.01 p.m.
None present.
Matter stands adjourned to 08.10.2021 for NM for dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Matter called out at 5.09 p.m.
Adv. Ridhima Mangaonkar for plaintiff present.
Adv. Vijay Chavan for Deft. No.1 present.
Heard both the sides on the NM No.4841/19
Defendant filed instant NM No.4841/19for setting aside no WS order dated 18.10.2019.  Plaintiff recorded their formal objection, it appears from the affirmed copy of the defendant that the WS was ready on 31.08.2019. However, due to personal difficulty of the advocate the WS could not be filed on record.  I am of the view, that sufficient reasons are assigned by the defendant.
Hence, I proceed to pass the following order.
1.    NM No.4841/19 is allowed in terms of prayer clause (a) and (b).
2.    The WS of the Deft. No.1 is TOR
3.    In view of the above, NM disposed of.
WS is marked as Exh.7
He undertakes to supply the copy of WS to the plaintiff.
Matter stands adjourned to 06.01.2022  for Issues.
Nature Of Disposal: ALLOWED
Disposal Date: 08-10-2021

Additional Case Details

Additional Case Details
Filing Number: 114016/2019
Filing Date: 17-12-2019
First Hearing Date: 17th January 2020
Decision Date: 08th October 2021
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

Orders

1
Final Order 1
08 Oct 2021
Order Details: Other
Pdf Text: 08.10.2021
Sr. No. 96
SU 3162/18
@NM 4841/19
Exh.7
CORAM : H.H.J. SHRI.A.H.LADDHAD (C.R. 03)
Matter called out at 5.09 p.m.
Adv. Ridhima Mangaonkar for plaintiff present.
Adv. Vijay Chavan for Deft. No.1 present.
Heard both the sides on the NM No.4841/19
Defendant filed instant NM No.4841/19for setting aside no WS order
dated 18.10.2019. Plaintiff recorded their formal objection, it appears
from the affirmed copy of the defendant that the WS was ready on
31.08.2019. However, due to personal difficulty of the advocate the WS
could not be filed on record. I am of the view, that sufficient reasons are
assigned by the defendant.
Hence, I proceed to pass the following order.
1. NM No.4841/19 is allowed in terms of prayer clause (a) and (b).
2. The WS of the Deft. No.1 is TOR
3. In view of the above, NM disposed of.
WS is marked as Exh.7
He undertakes to supply the copy of WS to the plaintiff.
Matter stands adjourned to 06.01.2022 for Issues.
Judge
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