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NOTICE OF MOTION

Mr. Mehrunnisa Qasim Shaikh and Ors.VsM/s. S. Savla Constructions Pvt. Ltd. and Ors.

CNR MHCC01013450201914-COURT 14 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 14th March 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
104918/2019
Registration Date
23 Dec 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 30-12-2019
    Business: As court is vacant, board is discharge.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: As Court is on half day leave. Hence, board is discharged.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv.  Pande   for plaintiff present and tendered registered NM No. 4918/19 along with affidavit.
    Adv. Chaitra Rao  for defendants no. 4 and 5  present and tendered reply to NM and WS t.o.r. Its marked at Exh.8. Copies be served to other side.
    None for  defendants no. 1 to 3 and 6 .
    Defendants no. 1to 3 and 6 have failed to file reply to NM and WS. Hence, NM NO. 4918/19 will be heard without reply of defts. no. 1 to 3 and 6 and suit will be heard without WS of defts. no. 1 to 3 and ex parte against deft. no. 6.
    LO
    Adv.   Electricwala  for defendants no. 1 to 3  present.
    Upon oral request of Ld. Adv. for defendants no.1 to 3.
    Order of No WS  against defendants no. 1 to 3 is set aside and WS is taken on record at Exh. 9 .
    She has also tendered  draft N/M along with affidavit. Leave is granted to register the N/M. Copy be served to other side.
    Adjd to  02-04-2020 for Rejoinder and  NM Hearing .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2020
    
    Date: 02-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2020
    
    Date: 24-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2020
    
    Date: 04-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No. 83 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2020
    
    Date: 22-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2020
    
    Date: 29-09-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Advocate Ms. Mansi Jaiswal for plaintiff present and seeks time to file rejoinder.
    None for defendant.
    Time is granted.
    The case is adjourned to 01.02.2021 for rejoinder.
    LO at 2.20 pm
    Advocate Ms.Electricwala i/b Taurus Legal for defendants no.1 to 3 present and tendered registered Notice of Motion No.1021/20  along with affidavit in support of Notice of Motion. T.O.R.
    She submits that the notice of motion is already served on all the remaining parties to the suit.
    Already the case is adjourned to 01.02.2021 for rejoinder.
    LO at  2.35pm
    Advocate Ms. Chaitra Rao for defendants no.4 and 5 present.
    Already the case is adjourned to 01.02.2021 for rejoinder.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2021
    
    Date: 01-02-2021
    Business: Advocate Ms. Mansi Jaiswal for plaintiff present and filed reply to NM No.1021/20. TOR
    Advocate Ms. Pranali Mishra for defendants 1 to 3 present.
    Advocate Ms. Chaitra Gaokar for defendants 4 and 5 present.
    Advocate for Plaintiff tendered draft chamber summons along with affidavit in support. T.O.R. Leave is granted to register Chamber Summons.
    Copy of reply is served on advocates for defendants.
    The case is adjourned to 12.03.2021 for Ch/s reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Advocate Ms. Mansi Jayswal  for plaintiff present and tendered registered Chamber Summons No.351/21  along with affidavit in support of Chamber Summons. T.O.R.
    Advocate Ms. Sakina Electricwala for defendants 1 to 3 present.
    Advocate Ms.Chaitra Gaokar for defendants 4 and 5 present.
    Copy of Chamber Summons served on other side.
    The case is adjourned to 20.03.2021 for Ch/s reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2021
    
    Date: 20-03-2021
    Business: Advocate Ms. Mansi Jaiswal for plaintiff present.
    Advocate Ms. Chaitra Gaokar for defendant 4 and 5 present and tendered draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion. R/o 27.04.2021.
    Advocate Ms. Sakina Electricwala for defendants no. 1 to 3 present.
    Advocates for defendants submit that they are not opposing the Chamber Summons.
    The Chamber Summons  is seeking correction in the dates appearing in the plaint.  The Defendant are not objecting for such correction, in view of this, I pass following order -
    ORDER
    1. Chamber Summons no. 351/21 is allowed in terms of prayer clause (a).
    2. The Plaintiffs shall carry out the amendment within four weeks from today.
    3. The Plaintiffs shall supply copy of amended plaint to the defendants within two weeks thereafter.
    4. The Plaintiffs shall supply copy of amended plaint to the Court for the purpose of decree.
    5. Costs in cause.
    The case is adjourned to 27.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2021
    
    Date: 11-08-2021
    Business: Adv. Mansi Jaiswar for plaintiff present.
    Adv. Vikrant Shetty for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    Adv. For deft. nos.4 and 5 tendered registered N/M no.1132/21.  T.O.R.
    Adv. For plaintiff filed draft reply to N/M no.4918/19. T.O.R.
    Adv. For plaintiff also filed draft rejoinder to N/M no.1021/20.  T.O.R.
    The matter is adjd for N/M hearing to 07.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv. Mansi Jaiswar for plaintiff present.
    Adv. Vikrant Shetty for deft. no. 1, 2, 3present.
    Adv. Chitra Rao for deft no. 4 and 5 present.
    Adv. For deft. no.4 and 5 sought time for hearing on NM.  Time as prayed for is granted.
    The matter is adjd for hearing to NM  to 28.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2021
    
    Date: 28-09-2021
    Business: Adv. Pawan Pandey for plaintiff present.
    Adv. Vikrant Shetty for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    On oral request of Adv. For defendants, the matter is adjd for N/M hearing to 06.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. Pawan Pandey for plaintiff present.
    Adv. Vikrant Shetty for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    Heard arguments of Adv. For deft. nos.1 to 3, Adv. For deft. nos.4 and 5 and Adv. For plaintiff on N/M no.1021/20.
    The matter is adjd for order on N/M no.1021/20 to 14.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: Adv. Mansi Jaiswar for plaintiff present.
    Adv. Sakina Electricwala for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    F.R.S.R. following order is passed below N/M No.1021/20 -
    ORDER
    1.    N/M No.1021/2020 is dismissed.
    2.    No order as to costs.
    3.    N/M No.1021/2020 is disposed of accordingly.
    The matter is adjd for hearing on N/M No.1132/21 to 23.11.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Pawan Pandey for plaintiff present.
    Adv. Electricwala for deft. nos.1 to 3 present.
    Adv. Aseem Naphade along with Adv. Chaitra Rao for deft. nos.4 and 5 present.
    ORDER BELOW N/M NO.1132/2021
       Heard both sides. This Court by order dated 14.10.2021 dismissed the N/M No.1021/20 taken out by defendant nos.1 to 3 which was filed under Order 7 Rule 11 of C.P.C.  Present N/M is taken out by deft. nos.4 and 5 under Order 7 Rule 11 of C.P.C. on the same ground.  In view of order passed in N/M No.1021/2020 dated 14.10.2021,  present N/M No.1132/21 is disposed of.
    Adv. For plaintiff submits that he would serve copy of rejoinder to other side and submit the rejoinder before hearing of N/M No.4918/19.  Adv. For defts. also submitted that they may be permitted to furnish           sur-rejoinder. Defendants are at liberty to file                sur-rejoinder, if any, by giving prior service thereof to Adv. of plaintiff.
    The matter is adjd for hearing on N/M No.4918/19 to 15.12.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-12-2021
    
    Date: 15-12-2021
    Business: Adv. Parikshit Pania for plaintiff present.
    Adv. Vikrant Shetty for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    Adv. For plaintiff filed rejoinder to N/M no.4918/19. T.O.R.
    Copy of rejoinder is already served to defendants.
    Defendants sought time for filing sur-rejoinder.  Time as prayed for is granted.
    The matter is adjd for filing sur-rejoinder to N/M no.4918/19/hearing to 05.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv. P.K. Pandey for plaintiff present.  Plaintiff present.
    Adv. Vikrant Shetty i/b. Taurus Legal for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    Adv. For deft. nos.4 and 5 filed sur-rejoinder.  T.O.R.
    Copy of sur-rejoinder is supplied to Adv. For plaintiff.
    Adv. For deft. nos.1 to 3 sought time for filing              sur-rejoinder.  Time granted for today as a last chance.
    The matter is adjd for filing sur-rejoinder/hearing on N/M to 21.01.2022.
    L.O. at 05.05 pm.
    Advocates for both sides present.
    Adv. For plaintiff offered inspection of documents.  Adv. For defts. inspected documents offered by plaintiff.
    Adv. For defts. submitted that inspection of agreement dated 18.12.2006 and other documents are not given.
    Adv. For plaintiff submitted that original document dated 18.12.2006 is misplaced and other original documents are not in his possession.
    Pursis filed by Adv. For plaintiff.  T.O.R.
    Joint pursis filed by Adv. For deft. nos.1 to 3 and Adv. For deft. nos.4 and 5.  T.O.R.
    The matter is already adjd for filing sur-rejoinder/hearing on N/M to 21.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Plaintiff and Adv. Dr. Pawar K. Pandey present.
    None for defendant.
    In view of Office Order No.07/2022 dated 07.01.2022, the matter is adjourned for NM Reply rejoinder to 07.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today''s board.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: In view of Office Order No.27/2022 dated 06.02.2022, the matter is adjourned on 08.02.2022 and taken on today\''s board.
    Adv. Pawan K. Pandey for plaintiff present.
    In view of Office Order No.22/2022 dated 28.01.2022, the matter is adjd for sur-rejoinder/hearing on notice of motion to 03.03.2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv. Pawan Pandey along with Adv. Suman Gupta for plaintiff present.  Plaintiff present.
    Adv. Shetty for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    Adv. For deft. nos.1 to 3 tendered sur-rejoinder to N/M No.4918/19.  T.O.R.
    Copy of sur-rejoinder is supplied to Adv. For plaintiff.
    The matter is adjd for N/M hearing to 05.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-03-2022
    
    Date: 05-03-2022
    Business: Adv. Pawan Pandey for plaintiff present.  Plaintiff present.
    Adv. Shetty for deft. nos.1 to 3 present.
    Adv. Aseem Naphade along with Adv. Chaitra Rao for deft. nos.4 and 5 present.
    Heard arguments of both sides on N/M No.4918/19.
    The matter is adjd for order on N/M No.4918/19 to 11.03.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Plaintiff no.4 present.  Adv. Gupta for plaintiff present.
    Adv. Shetty for deft. nos.1 to 3 present.
    Adv. Jatin Seth for deft. nos.4 and 5 present.
    Court is busy in hearing arguments on N/M nos.430/22 and 431/22 in suit no.1257/21, N/M no.882/22 in suit no.436/21 and N/M no.881/22 in Suit no.117/22.
    The matter is adjd for order on N/M No.4918/19 to 14.03.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2022
    
    Date: 14-03-2022
    Business: Adv. Suman Gupta for plaintiff present.
    Adv. Sakina Electricwala for deft. nos.1 to 3 present.
    Adv. Chaitra Rao for deft. nos.4 and 5 present.
    F.R.S.R. following order is passed below N/M No.4918/19 -
    ORDER
    1.   Defendant Nos.4 to 6 shall pay monthly compensation of Rs.8,000/- to plaintiffs from the date of filing of suit till further orders.
    2.   Prayer for interim injunction made in prayer clause (b) of Notice of Motion No.4918 of 2019 is rejected.
    3.     No order as to costs.
    4.   Notice of Notion No.4918 of 2019 is disposed of accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 14-03-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 114311/2019
    Filing Date: 23-12-2019
    First Hearing Date: 30th December 2019
    Decision Date: 14th March 2022
    Court Number And Judge: 14-COURT 14  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Mar 2022

    Order Details: Notice of Motion Pdf Text: Order in N/M No.4918 of 2019 1 MHCC010134502019 Presented on : 23/12/2019 Registered on : 23/12/2019 Decided on : 14/03/2022 Duration : Y M D 02 02 19 BEFORE THE CITY CIVIL COURT, MUMBAI ( Court No.14 ) (Presided Over by S. U. Hake) NOTICE OF MOTION NO.4918 OF 2019 IN COMMERCIAL SUIT NO.916 OF 2021 1. Mrs. Mehrunnisa Qasim Shaikh. 2. Mr. Aslam Qasim Shaikh. 3. Mr. Mustaqeem Qasim Shaikh. No.1 to…

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