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NOTICE OF MOTION

A.A. Nayak and Co. and Anr.VsJolly Maker I Premises Co-op. Hsg. Society Ltd.

CNR MHCC01013286201915-COURT 15 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 29th August 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104870/2019
Registration Date
18 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: 21-12-2019
Business: None for the Plaintiff.
Adv for deft no.1 and 2 Ms.Priyanka Vegal present.
Adv for deft no.1 and 2 tendered registered N/M 4870/19 along with affidavit.
Matter is Adjd for N/M Reply to 11.02.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-02-2020

Date: 11-02-2020
Business: Adv for plaintiff Ms.Khatu present.
Adv for deft no.1 and 2 Ms.Priyanka present.
Adv for plff requested for adjournment to file reply.
O-Granted.
Matter is Adjd for N/M 4870/19 Reply to 15.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-05-2020

Date: 13-05-2020
Business: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: NATIONAL LOCKDOWN
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-08-2020

Date: 06-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Due to National Lockdown (Covid-19) matter adjd to 11.01.2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-01-2021

Date: 11-01-2021
Business: Adv.  for plaintiff absent.
Adv. Priyanka Vegad for defendant nos. 1 and 2 present.
The plff has not yet filed reply to NM.
Adjd for reply and hearing of NM no. 4870/19 on 11.02.2021.
Next Purpose: REPLY
Next Hearing Date: 11-02-2021

Date: 11-02-2021
Business: P.O. is on leave
Next Purpose: REPLY
Next Hearing Date: 18-03-2021

Date: 18-03-2021
Business: As P.O. is on 40 hrs Online Mediation Training for the
Judicial Officers scheduled to be held from 15th to 22nd March, 2021
Next Purpose: REPLY
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Business: In view of Office Order No. 73/21, all Courts shall remain closed on every Saturday. 17.04.2021 is Saturday, hence,  adjd to 31.07.2021.
Next Purpose: REPLY
Next Hearing Date: 31-07-2021

Date: 20-09-2021
Business: Matter received from C. R. No. 14.
Adv Ashwin Sawlani for plff present.
He seeks time to file reply.  Granted.
None for deft.
Suit is u/o 37 of the CPC for recovery of amount.  It be transferred to appropriate Court.
Matter stands Adj for NM Reply to 18/10/2021.
Next Purpose: REPLY
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: REPLY
Next Hearing Date: 16-12-2021

Date: 18-10-2021
Business: As per office order dated 12/10/2021
Next Purpose: REPLY
Next Hearing Date: 16-12-2021

Date: 16-12-2021
Business: Adv.  Kulkarni for plaintiff present and filed reply to NM No.4870/2019 t.o.r.
Adv.  Priyanka Vegad for defendants  No.1 and 2 present.
By consent, matter is adjd. to 14/02/2022 for NM  rejoinder/hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Adv. Kulkarni for plff. present.
None for Deff.
Matter is Adjd. for NM Hearing to 11/03/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 14-02-2022
Business: Adv. Kulkarni for plff. present.
None for Deff.
Matter is Adjd. for NM Hearing to 11/03/2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: Adv. Kulkarni for plaintiff present.
Adv. Priyanka for defendant no. 1 and 2 present.
Adv. for defendant filed rejoinder to NM 4870/2019 TOR
Matter is adjd. for NM hearing to 08-06-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2022

Date: 11-03-2022
Business: Adv. Kulkarni for plaintiff present.
Adv. Priyanka for defendant no. 1 and 2 present.
Adv. for defendant filed rejoinder to NM 4870/2019 TOR
Matter is adjd. for NM hearing to 08-06-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-06-2022

Date: 08-06-2022
Business: Adv Kulkarni for plaintiff present.
Adv Priyanka Vagal for defendant nos.1 and 2.
By consent, adjd to 12/7/2022 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022

Date: 08-06-2022
Business: Adv Kulkarni for plaintiff present.
Adv Priyanka Vagal for defendant nos.1 and 2.
By consent, adjd to 12/7/2022 for hearing on N/M.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-07-2022

Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Ashvin Sawalani h/f Adv. Kulkarni for Plaintiff present.
Adv. Priyanka Vegad for defendant nos. 1 and 2  present.
As last Chance, adjd to 15/07/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022

Date: 12-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Ashvin Sawalani h/f Adv. Kulkarni for Plaintiff present.
Adv. Priyanka Vegad for defendant nos. 1 and 2  present.
As last Chance, adjd to 15/07/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2022

Date: 15-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Kulkarni for Plaintiff present.
Adv. Shabnam Lathiwala I/by Priyanka Vagad for defendant nos. 1 and 2 present.
Adjd to 25/08/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022

Date: 15-07-2022
Business: CORAM : H. H. J. SHRI. A. V. KHARKAR  (C.R. No.15)
Adv. Kulkarni for Plaintiff present.
Adv. Shabnam Lathiwala I/by Priyanka Vagad for defendant nos. 1 and 2 present.
Adjd to 25/08/2022 for hearing on N.M.
                                                                                      Judge
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-08-2022

Date: 25-08-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 25-08-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2022

Date: 07-10-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022

Date: 07-10-2022
Business: AS court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-12-2022

Date: 01-12-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023

Date: 01-12-2022
Business: As court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-03-2023

Date: 03-03-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023

Date: 03-03-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-05-2023

Date: 03-05-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023

Date: 03-05-2023
Business: As court is vacant.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-07-2023

Date: 14-07-2023
Business: Adv.Kulkarni present for plaintiff.
Adv. Priyanka present for defendant. Seeking time. Time is granted.
Matter stands adjourned for NM hearing on 29-08-2023 at 2.45.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 14-07-2023
Business: Adv.Kulkarni present for plaintiff.
Adv. Priyanka present for defendant. Seeking time. Time is granted.
Matter stands adjourned for NM hearing on 29-08-2023 at 2.45.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-08-2023

Date: 29-08-2023
Business: None present. KB L.O. at 3.05 pm. Adv.Omkar Kulkarni along with Ashutosh Gaykar present for plaintiff. Adv.Shabnam Latiwala present for defendant No.1 and 2. Heard. F.R.S.R. following order is passed- ORDER 1. Notice of motion No.4870/2019 in S. C. Suit No.2602/2012, is hereby allowed. 2. Delay stands condoned. 3. Written statement already filed be exhibited. 4. Notice of motion is disposed of accordingly. (Order dictated and pronounced in open Court) Written Statement is already tendered TOR marked as Exh.10. The defendant also tendered Counter Claim along with the NM. Matter be kept for hearing on Counter Claim.
Nature Of Disposal: ALLOWED
Disposal Date: 29-08-2023

Additional Case Details

Additional Case Details
Filing Number: 114103/2019
Filing Date: 18-12-2019
First Hearing Date: 21st December 2019
Decision Date: 29th August 2023
Court Number And Judge: 15-COURT 15  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
29 Aug 2023

Order Details: Notice of Motion Pdf Text: ..1.. NM No.4870/2019 MHCC010132862019 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.4870 OF 2019 (CNR NO.MHCC01-013286-2019) IN S. C. SUIT NO.2602 OF 2012 A. A. Nayak & Co. and another )...Plaintiffs V/s Jolyy Maker I Premises Co-op. ) Hsg. Society Ltd., and others )...Defendants Appearances :- Learned Advocate Omkar Kulkarni alongwith Advocate Ashutosh Gaykar for plaintiffs. Learned Advocate Shabnam Latiwala for defendant Nos.1 and 2. CORAM : HIS…

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