Order 6

Order Details: Order
Pdf Text: 1 CC. No. 150/DV/2018
Sheetal Devang Shah
V/s. Devang Shah and others
NOTING BELOW EXH.1
Applicant and advocate for respondent No.3 present.
Advocate for respondent No.1 present through VC.
2. Applicant is heard on contempt petition, interim application
and the application filed by the respondent No.1 about maintainability of
the main application. Advocate for respondent No.3 is also heard on all
these three applications. The hearing started at 11.00 a.m. and continued
till 12.30 p.m.
3. Learned advocate for respondent No.1 submitted that before
passing any interim order, the applicant is required to furnish her account
details vide application (Exh.17) which was filed him. The applicant is
informed to file her account details, if any, in order to expedite the trial.
On this, she mentioned that, she is not having any accounts. She again
mentioned that she is having accounts but there are no funds in her
account. On that, applicant asked for the account details of respondent.
The same is informed to both advocates.
4. Advocate for respondent No.1 is directed to send his detail
arguments on interim application, contempt petition and application filed
by him about maintainability of the main application.
5. VC connection while instructing to the advocate for
respondent No.1 got disconnected. Applicant and advocate for respondent
No.3 present. Advocate for respondent No.3 is instructed to inform the
same to the advocate for respondent No.1. Applicant also asked for
Income Tax Return and all account details of respondent No.1. Same is
immediately informed over phone to the advocate for respondent No.1 by
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2 CC. No. 150/DV/2018
the advocate for respondent No.3.
6. Moreover, the undersigned also instructed the applicant and
advocate for respondent No.3 that two days date will be given for the
written arguments to be emailed by the advocate for respondent No.1. On
that applicant said that she do not want to continue the matter in this
Court and she wants to take this matter out of the Court and she needs
date of one month.
7. The hearing of this matter started at 11.00 a.m. and
continued till 12.30 p.m. Patient hearing was given to the applicant on all
three applications. Advocate for respondent No.3 was also heard on all
these applications and matter was to be posted for written arguments to
be filed by respondent No.1 after two days. But applicant wants the date
of one month and she do not want to conduct this matter in this Court.
Accordingly, applicant filed application (Exh.65) for giving date after 30
days. Hence, the matter is kept on 03/12/2020, as mentioned by the
applicant.
8. Applicant has mentioned in open Court that, she do not want
to keep the matter in this Court. She is moving to the Higher Court and
she needs longer date. Learned advocate for respondent No.3 phoned the
advocate for respondent No.1 and informed that, he will remain present
whenever the date is given and will argue the before the Court. But the
applicant requested for the date to be given in first week of December,
hence, as stated by the applicant the date is given as 03/12/2020.
Date :- 20/10/2020. (S.A.R. Sayed)
Place : Mumbai Metropolitan Magistrate,
63rd Court, Andheri, Mumbai.
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