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NOTICE OF MOTION

Arvind Hukumchand ShahVsMHADA

CNR MHCC0101344120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 17th September 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104912/2019
Registration Date
21 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MHADA

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-01-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-01-2020
    
    Date: 17-01-2020
    Business: None for Plaintiff
    Adv. Sujata Natekar  for defendant no.3 is present. She filed Vakalatnama on behalf of defendant no. 3.  She also tendered Draft N/M along with affidavit in support.  Leave to register is granted. Copy be served on other side.
    Plaint.
    Vakalatnama/P in plaint.
    Memo of address in plaint.
    Adv. Kandekar for defendant no. 1 and 2 is present.
    Matter is adjd.  for service/NM reply to 27/03/2020 .
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2020
    
    Date: 17-12-2020
    Business: Court is on Leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-04-2021
    
    Date: 03-04-2021
    Business: Due to SOP only urgent matter  are taken up. Hence, the Board is
    discharged.
    Matter is adjd. to 14.06.2021 for directions
    Next Purpose: DIRECTIONS
    Next Hearing Date: 14-06-2021
    
    Date: 14-06-2021
    Business: due to covid-19
    Next Purpose: DIRECTIONS
    Next Hearing Date: 26-07-2021
    
    Date: 26-07-2021
    Business: Court is on leave
    Next Purpose: DIRECTIONS
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: None for plaintiff.
    Adv. Sujata Natekar for D/1 present.
    Since long leave is granted to register NM.  That NM is registered by 468/20 and 4912/19 but till today the same is not furnished by plaintiff before the court.  This is not proper practice.  However record disclosed that till today deft.no.1 is not served summons.  Therefore plff. is directed to take steps regarding observation otherwise necessary order will be passed on next date.
    Matter is adjd. to 9/11/2021 for taking steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: Court is on leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 06-01-2022
    
    Date: 06-01-2022
    Business: Court is on Leave.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: None present for Plff.
    Plff. is absent.No steps are taken.
    Adv. Kandekar for Deft. No. 1/MHADA present.
    Matter is adjd. to 15-06-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 15-06-2022
    
    Date: 15-06-2022
    Business: None present for parties
    No steps have taken.
    Matter is adjd. to 10-08-2022 for steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2.
    Perusing record it appears that NM no 468/20 and NM No. 4912/19 not tendered by the Plaintiff.
    Since long the matter is pending for taking steps, if the plaintiff fails to take the steps NM will be dismiss on next date.
    Matter is adjd. to 30.08.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 30-08-2022
    
    Date: 30-08-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2
    Adv. Sujata Natekar for defendant no. 3 present.
    The plaintiff not tendered the register NM. The matter is kept for dismissal order on the next date.
    Matter is adjd. to 17.09.2022 for NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: None present for plaintiff.
    Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2.
    It appears that both the original NM No. 468/2020 and NM No.4912/2019 are not tendered by the plaintiff and deft.no.3.
    The plaintiff and deft.no. 3 are absent for hearing of NM Nos. 3912/19 and 468/20. Both NMs was kept for dismissal since 10.08.2022. Sufficient opportunities have been given to plaintiff and deft.no. 3 for hearing of respective NMs. Today also plaintiff and deft.no. 3 are absent for hearing. It appears that they do not want to proceed with this NMs. Hence, both NM is hereby dismissed for want of prosecution.
    Nature Of Disposal: DISMISSED
    Disposal Date: 17-09-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 114299/2019
    Filing Date: 21-12-2019
    First Hearing Date: 07th January 2020
    Decision Date: 17th September 2022
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Sept 2022
    Order Details: Notice of Motion
    Pdf Text: None present for plaintiff. Adv Pathak H/f Adv Kandekar present for MHADA/Deft.no. 1 and 2. It
    appears that both the original NM No. 468/2020 and NM No.4912/2019 are not tendered by the
    plaintiff and deft.no.3. The plaintiff and deft.no. 3 are absent for hearing of NM Nos. 3912/19 and
    468/20. Both NMs was kept for dismissal since 10.08.2022. Sufficient opportunities have been
    given to plaintiff and deft.no. 3 for hearing of respective NMs. Today also plaintiff and deft.no. 3
    are absent for hearing. It appears that they do not want to proceed with this NMs. Hence, both NM
    is hereby dismissed for want of prosecution.
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