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NOTICE OF MOTION

M/s. Western India Steel TradersVsMr. Harish Bhatia

CNR MHCC01013709201859-Court 59 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 21st July 2023

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
104094/2018
Registration Date
30 Oct 2018

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: 19-11-2018
    Business: Adv.  Vikas Sharma for pltff present.
    He tendered registered N/M no. 4094/2018 t.o.r.
    Matter adjd to 18.1.2019 for  reply.
    L.O.
    Adv. Verma for deft present.
    Adv. Fatima Lakdawala for deft no. 3 present.
    Exh. - Vakalatnama filed by deft no. 1 and 2.
    Affidavit in reply to N/M 4094/2018 filed by deft. no. 1.
    Next Purpose: HEARING
    Next Hearing Date: 18-01-2019
    
    Date: 18-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: HEARING
    Next Hearing Date: 14-02-2019
    
    Date: 14-02-2019
    Business: Adv. Ankita Sharma for pltff  present.
    Adv. Vasal Varma for deft. no. 1 and 2 present.
    Adv. Priya Nigvekar for deft. no. 3 present.
    Adv. Nasrin Inamdar for deft. no. 4 present.
    Deft no. 3 requested for adjournment but pltff taken strongly objection.
    Deft no. 4 is directed to serve copy of written statement to deft no. 1 to 3.
    Matter adjd to 18/03/2019 for reply/hearing.
    Next Purpose: REPLY
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. Mr. Vikas Sharma for Plaintiff present.
    Adv. Mr. Vatsal Varma for Defendant nos.1 and 2 present.
    Adv. Ms. Fatima Lakadawal for deft no.3 present, admits copy of plaint is received to deft no.3.
    Adv Mr. Vatsal Varma for def nos. 1 and 2 admits that copy of plaint is received to deft nos.1 and 2. deft to file W.S on of before next date, as adv Mr. Sharma for plff, submits that copy of plaint is served to deft. alongwith NM notice.
    Matter is adjd. to for W.S and reply to NM no.4094/18
    on 22.04.2019.
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv.  for Plaintiff absent.
    Adv. Mr. Vatsal Varma a/w adv. D.S.Mishra I/b D.S Law Bureac for deft nos. 1 and 2 present.
    Adv.  Ms. Priya Nigavekar for Defendant no. 3 present.
    Mr. Santosh Mathu representative of Plff is present, requested of time to file reply on N/M.
    Exh.8- Written statement filed by adv. Mr.Varma for deft no.1 and 2.
    Reply to N/M no. 4094/18 filed by deft no.1 and 2.
    Matter is adjd.for reply on N/M on 24.06.2019.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: Adv. Mr. Mishra for Plaintiff present.
    Adv. Mr. Vatsal Varma for Defendant nos. 1 and 2 present.
    Adv. Ms. Priya Nigwekar for deft no.3 present, prayed for adjd to file reply.
    Matter is adjd.for NM reply on 08.07.2019.
    Next Purpose: REPLY
    Next Hearing Date: 08-07-2019
    
    Date: 08-07-2019
    Business: Adv. Mr. Mithilesh Mishra for plaintiff present.
    Adv. Mr. Vatsal Varma for deft no. 1 and 2 present.
    Adv. Ms. Priya Nigwekar for defendant no.3 present.
    Mr. Mathew representative of plff present.
    Exh.9- Application filed by adv.Ms. Nigwekar for deft no.3, requested for two weeks time to file W.S.
    It is strongly objected by ld adv. for plff.
    It is replied by ld adv. for deft no. 3 bank that draft is given for approval.  Hence, adjd is granted.
    It is notice that deft no.4 has filed W.S. on 07.12.2018. However, it is not recorded in roznama.
    Adv. Mr. Varma for deft nos. 1 and 2, submits that copy of W.S. filed by deft no.4 is not supplied to plff. or any deft.
    Exh.10- W.S filed by deft no.4.
    Matter is adjd. for framing issues on 25.07.2019.
    Next Purpose: FRAMING ISSUES
    Next Hearing Date: 25-07-2019
    
    Date: 25-07-2019
    Business: Adv. for plaintiff absent.
    Adv. Mr. D.S. Mishra for defendant no.1 and 2 present.
    Adv. Ms.  Ms. Vasima Kazi for deft no.3 present, requested for adjd to file reply.  On repeated occasion, time was granted to file reply.
    Hence, Granted as last chance.
    Matter is adjd. for reply on NM 19.09.2019.
    Next Purpose: REPLY
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 07-10-2019
    
    Date: 07-10-2019
    Business: Adv. Ms. Kalpana Sharma for plaintiff present.
    Adv. Mr. Vatsal Varma for defendant nos. 1 and 2 present.
    Adv. Ms. Vasima Kazi for deft no.3 present, prayed for short adjd as bank officer is not available for affirmation.
    Matter is adjd. for reply on 22.10.2019.
    Next Purpose: REPLY
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Next Purpose: REPLY
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: None present for Plff.
    Advocate for Deft No.3 is present.
    Adjourned for N/M reply to 16/4/2020.
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Business: National Lockdown due to Covid 19
    Next Purpose: REPLY
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 03-08-2020
    
    Date: 03-08-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: REPLY
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Vasima kazi  for defendant No. 3 present and seeks time to file reply.
    The defendant to file reply to NM on next date as NM is pending since 2018.
    Adjd for reply to Notice of motion to 19/03/2021
    Next Purpose: REPLY
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv. D. S. Mishra for defendant No. 1 and 2 present.
    Adv. Vasima Kazi for defendant NO. 3 present and seeks time.
    Adjd for reply to 13/07/2021
    Next Purpose: REPLY
    Next Hearing Date: 13-07-2021
    
    Date: 13-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 24-09-2021
    
    Date: 24-09-2021
    Business: Board is discharged
    Next Purpose: REPLY
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: Court is Vacant.
    Next Purpose: REPLY
    Next Hearing Date: 16-12-2021
    
    Date: 16-12-2021
    Business: Court is Vacant.
    Next Purpose: REPLY
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: COURT IS VACANT
    Next Purpose: REPLY
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: AS PO IS ON TRAINING HENCE MATTER ADJD TO
    Next Purpose: REPLY
    Next Hearing Date: 28-07-2022
    
    Date: 28-07-2022
    Business: Matter called out at 03.15 p.m.
    None  for plff
    Adv Tausif Shaikh  H/f Fatima Lakdawala for Defendant no.3 present.
    Adv D.S. Mishra a/w Vatsal Verma I/b DS Law Bureau for def no.1 and 2 present.
    He seeks time to file reply.
    Matter is adjd on 26/09/2022 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Matter called out at 2.53 pm
    None for plff present
    Adv D.S.Mishra for defendant Nos.1 and 2 present
    Adv Vasima Kazi h/f Fatima Lakdwala for defendant No.3 present
    Adv for defendant No.3 seeks time to file reply.  Granted.
    Matter is adjd on 02.12.2022 for Reply
    Next Purpose: REPLY
    Next Hearing Date: 02-12-2022
    
    Date: 02-12-2022
    Business: Matter called out at 3.20 pm
    None for plff None for defendant Nos. 1 and 2
    Adv Manish Thakur for defendant No.3 present and seeks time to file reply.  The record shows that since 2019 NM is pending for reply of defendant No.3 . Time is granted strictly as a last chance.  On failure of defendant No.3 to file reply on next date, NM shall proceed without reply of defendant No.3.
    Matter is adjd on 07.02.2023 for C/s Reply
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-02-2023
    
    Date: 07-02-2023
    Business: Court is busy in recording evidence in SC 1665/19 hence board discharged.
    Matter is adjd on 29-03-2023 for reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-03-2023
    
    Date: 29-03-2023
    Business: adjd to
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-06-2023
    
    Date: 26-06-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Ankita Sharma for plaintiff present.   She filed pursis to treat the contents of N/M No.4094/18 as part of argument T.O.R marked as (Exh-11)
    Adv.D.S.Mishra i/b DS Law Bureao for defendant Nos.1 and 2 present.   He submits that defendant No.3 is expired prior to four to five months.   He also seeks time for argument on N/M.
    Defendant No.4 is absent.  He failed to file reply to N/M No.4094/18, hence N/M is proceeded without his reply.
    At the request of advocate for defendant Nos.1 and 2,  matter is adj to 13/07/2023 for argument on N/M.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 13-07-2023
    
    Date: 13-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    Adv.Vikas Sharma for plaintiff present.
    Adv.Vatsal Verma a/w Adv.D.S.Mishra i/b DS Law Bureau for defendant Nos.1 and 2 present.    He filed reply on N/M No.4094/18.T.O.R.
    He also filed written notes of argument on N/M No.4094/18 T.O.R marked as Exh---
    Heard both the sides on N/M No.4094/18.
    Matter is adj to 20/07/2023 for order on N/M No.4094/18.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv. Vatsal Verma for defendant No. 1 and 2 present.
    As court is busy hearing in other matter Accordingly matter adjourned to order.
    Matter is adj to 21.07.2023 for order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-07-2023
    
    Date: 21-07-2023
    Business: CORAM - H.H.J. SHRI. U. C. DESHMUKH -(C.R.NO.59)
    None for plaintiff.
    Adv.Vatsal Verma a/w Adv.D.S.Mishra for defendant No. 1 and 2 present.
    F.R.S.R following order is passed on N/M No.4094/2018
    ORDER
    1. Notice of Motion No.4094 of 2018 is rejected.
    2. Notice of Motion No.4094 of 2018 is disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 21-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 114571/2018
    Filing Date: 30-10-2018
    First Hearing Date: 19th November 2018
    Decision Date: 21st July 2023
    Court Number And Judge: 59-Court 59 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    21 Jul 2023
    Order Details: Notice of Motion
    Order 1
    21 Jul 2023
    Order Details: Notice of Motion

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