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NOTICE OF MOTION

Phulora Co-operative Housing Society LtdVsV. B. Infra Projects India Pvt Ltd and Ors.

CNR MHCC01000034202011-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th July 2024

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100017/2020
Registration Date
02 Jan 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 03-01-2020
    Business: Court is on leave.
    Next Purpose: DIRECTIONS
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: By Precipe.
    Adv. for Plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Adv. Mr. Sandip Singh for deft no.1 present, tendered draft NM along-with affidavit.- Leave is granted for registration.
    Exh.4- V/P on behalf of deft no.1.
    Matter is already adjd.for NM on 04.02.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Mr. Vikramaditya h/f adv. Pandey for plff. tendered registered NM no.17/2020.
    Adv. Mrs. Mhatre for deft.no.3/MCGM present.
    Adv. Mr. Jitendra Tiwari for deft no.1 present, requested for extension of time to register draft NM- Three days time is granted, prayed for adjd.
    Adv. Ms. Manisha Jadhav for deft no.2 present.
    Exh.5- W.S. submitted by deft no.2, copy supplied to plff.
    Matter is adjd. for NM hearing on 06.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-04-2020
    
    Date: 17-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-05-2020
    
    Date: 06-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-05-2020
    
    Date: 28-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2020
    
    Date: 15-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: None for plff.
    Adv. Ms. Tondwalkar for deft./MCGM present.
    Plff to submit registered motion, if registered.
    Matter is adjd. for NM hearing on 03.12.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-12-2020
    
    Date: 03-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2021
    
    Date: 21-01-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2021
    
    Date: 06-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-06-2021
    
    Date: 15-06-2021
    Business: Due to covid 19 matter adjourned to next date
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-10-2021
    
    Date: 07-10-2021
    Business: Court is Vacant.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Mr. Mishra for Plaintiff present.
    	Adv. Mr. Tiwari for Defendant No. 1 present.
    	Adv. Ms. Shah for Defendant No. 2 present.
    	Matter adj. to 05/01/2022 for NM Hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv. Mr. Vikram Mishra for plaintiff is present.
    Adv. Mr. Tiwari for defendant No.1 is present.
    Adv. Ms. Shukra Mani for defendant No. 2 is present.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present.
    Advocate for the plaintiff and Advocate for defendant Nos. 2 and 3 endorsed say on NM No.1951/20.
    Heard both the sides.
    Adv. for plaintiff orally requested for time to file reply on NM
    No. 17/20. Granted.
    Adjourned for NM order/NM reply to 14.01.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-01-2022
    
    Date: 14-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Sandip Singh for defendant No.1 is present.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present.
    F.R.S.R. following order is passed on NM No. 1951/2020 :
                               ORDER
    (i).  Notice of Motion No. 1951/2020 is made absolute in terms of the prayer clause (a) and (b).
    
    (ii). Consequently, the copy of Written Statement, filed by defendant No. 1, is taken on the record.
    (iii). Costs to follow the event.
    In view of order in NM 1951/2020 written statement filed by defendant No.1. It is marked at Exh. 06.
    LO 3.13 pm.
    Adv. Ms. Monisha Shukramani for defendant No.2 is present.
    She is informed that the matter was called up and adjourned.
    Adjourned for NM reply/WS to 25.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: Adv. Pankaj Dubey for plaintiff present.
    Adv. Tiwari for defendant No.1 is present and filed pursis that WS of defendant No. 1 may be treated as reply. O- Filed.
    Adv. Monisha Sukramani for defendant No. 2 is present.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present and orally requested for time to file NM reply. Granted.
    Adjourned for NM reply and WS to 04.05.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv. Mr. Abshishek Singh for plaintiff is present.
    Adv. Mr.Sandip Singh for defendant No.1 is present.
    None present for defendant No. 2
    Adv. Mr. Khandagale for defendant No. 3/MCGM is present and orally requested for time to file NM reply and WS. Granted.
    Adjourned for NM reply and WS to 19.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: Adv. Mr. Deepak Pandey for the plaintiff is present and filed application for order of status-quo. TOR. It is marked at Exh.08. Copy is supplied to the both the sides.
    Adv. Mr. Sandeep Singh for defendant No.1 is present.
    Intern Ms. Pratiksha for defendant No. 2 is present and filed authority letter. TOR. It is marked at Exh.07. O- Filed.
    Adv. Mr. Khandagale h/f Adv. Mhatre for defendant No. 3/MCGM is present and orally requested for time to file NM reply. Granted.
    Adjourned for Say on exhibit 08/NM reply and WS to 23.09.2022.
    Next Purpose: REPLY
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. Deepak Pandey for the plaintiff is present.
    Adv. Raju Pankar for defendant No. 1 is present.
    Adv. Kiran Singh is present and filed authority letter on behalf of Adv. Punak Makhijani for defendant No. 2. TOR. It is marked at Exh.08. O- Filed. She orally requested for time to file say.
    Adv. Khandagale h/f Adv. Mhatre  for defendant No.3 /MCGM is present and orally requested for time to say.
    Sufficient time is already granted for filing NM reply and say. Hence, the requests are discarded. The suit is posted for no NM reply and WS Order against the defendants.
    Adjourned for no reply no WS Order to 15.11.2022.
    Next Purpose: ORDER
    Next Hearing Date: 15-11-2022
    
    Date: 15-11-2022
    Business: Adv. Mr. Abhishek Singh  present for the plaintiff.
    Mr. Jitendra Tiwari present for def. No. 1. filed reply in o exh. 8 TOR. It is marked at Exh.9 . O- filed. Copy suplied.
    Adv. Ms. Poonam Makhijani for defendant No. 2 take the statement that she is adopting earlier WS as say on the application no  Exh. 8
    Adv. Ms. J. V. Mhatre for defendant No.3/MCGM is present. And orally requested for time to file NM reply. Granted as a last chance. Request is discarded No reply no WS def No. 3. Exhibit 8.
    Adjourned for NM hearing Exh. No. 8 to  05.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2023
    
    Date: 05-01-2023
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Adv. Mr. Deepak Pandey for the plaintiff is present.
    Adv. Mr. Jitendra Tiwari for defendant No. 1 is present. He submitted that the suit is not tenable as no relief is sought against the defendant/MCGM. He is informed that the matter is pending for NM hearing. He requested for time to argue on NM. Time is granted.
    Adv. Ms. Poonam Makhijani  for defendant No.2 is present.
    Adv. Mrs. S.G. Chavan for defendant/MCGM is present.
    Adjourned for NM hearing to 28.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2023
    
    Date: 28-03-2023
    Business: Adv. Ms. Anisha Shaikh for the plaintiff is present and requested for time to argue on NM. Time is granted.
    Adv. Mr. Prasad Dubey for defendant No. 1 is present.
    Adv. Ms. Pratiksha Kalmbe for defendant No. 2 is present.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    Adjourned for clarification/NM hearing to 02.05.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Adv. Mr. Deepak Pandey for the plaintiff is present and orally requested for time to clarify addition of BMC in the present suit.
    Adv. Mr. S.R. Dubey for defendant No.1 is present.
    Adv. Ms. Poonam Makhijani for defendant No. 2 is present.
    Adv. Mrs. Smita Chavan for defendant No. 3/MCGM is present.
    Adjourned for clarification/NM hearing to 20.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: Adv. Ms. Anisha Shaikh h/f Adv. Mr. Dipak Pandey for the plaintiff is present and requested time to argue NM. Time is granted.
    Adv. Mr. Jitendra Tiwari for defendant  No. 1 is present.
    Adv. Mr. Khandagale h/f Adv. S.S. Chavan for defendant No.3 /MCGM is present. Rest of the defendants are absent.
    Adjourned for clarification/NM hearing to 21.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. Mr. Deepak Pandey is present for the plaintiff.
    Adv. Mr. Sandeep Singh for defendant No. 1 present.
    Adv. Ms. Soni Chavan for defendant No. 2 present.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.3/MCGM is present. The matter is KB.
    LO at 4.00 p.m.
    The appearance is as above.
    Adv. Mr. Jitendra Tiwari is present for defendant No. 1.
    Heard both the sides on addition of defendant No. 3 in this matter. Considering their submissions, it seems to be anxiety of the plaintiff that presence of defendant No. 3, being the Sanctioning Authority, is required. Certainly, in view of the plaint averments, presence of defendant No. 3 would facilitate adjudication of the suit issues effectively and finally. Hence, the matter is posted for NM hearing. The parties to proceed with the matter.
    Adjourned for NM hearing to 23.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2023
    
    Date: 23-11-2023
    Business: Adv. Mr. Dipak Pandey for the plaintiff is present.
    Adv. Mr. Jitendra Tiwari for defendant No. 1 is present.
    Adv. Mr. Suryavanshi h/f Adv. Mr. Khandagale for defendant No.3/ MCGM is present. Rest of the defendants are absent.
    The Court is busy in dictating Order in Ch/s. Nos. 1258/2023, 1945/2023 and 1795/2019 NM No. 4664/2022.
    Adjourned for NM hearing to 18.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: PO is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-02-2024
    
    Date: 29-02-2024
    Business: Adv. Mr. Guruling Samagond h/f Adv. Deepak Pandey for the plaintiff is present and requested time to argue the NM, as advocate  on record is having some personal difficulty. Time is granted.
    Adv. Mr. Sandeep Singh for defendant No. 1 is present.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for NM hearing to 02.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2024
    
    Date: 02-04-2024
    Business: Adv. Mr. Guruling for the plaintiff is present.
    Adv. Mr. R.S. Dubey for defendant No. 1 is present and requested time to file written submissions on NM. Time is granted.
    Adv. Ms. Pratiksha Kalambe for defendant No. 2 is present.
    Adv. Mr. Khandagale for defendant No.3/MCGM is present.
    Adjourned for written submissions on NM to 18.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: Adv. Mr. Deepak Pandey for the plaintiff is present.
    Adv. Mr. Jitendra Tiwari for defendant No. 1 is present.
    Adv. Ms. Pratiksha Kalamb for defendant No. 2 is present.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant No.3/ MCGM is present. Heard both the sides on NM.
    Adjourned for NM Order to 05.07.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-07-2024
    
    Date: 05-07-2024
    Business: Adv. Ms. Anisha Shaikh h/f Adv. Deepak Pandey for the plaintiff is present.
    Adv. Mr. Mayuri Gangurde h/f Adv. Mahijani for defendant No. 2 is present. Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant No.3/ MCGM is present. Rest of the defendants are absent. F.R.S.R. Following Order is passed in NM 17/2020.ORDER
    (i).    Notice of Motion No. 17/2020 stands dismissed.
    (ii).   Notice of Motion No. 17/2020 is, accordingly, disposed of.
    Adjourned for hearing on Exhibit 8/WS to 20.08.2024.
    Nature Of Disposal: DISMISSED
    Disposal Date: 05-07-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 100070/2020
    Filing Date: 02-01-2020
    First Hearing Date: 03rd January 2020
    Decision Date: 05th July 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Jul 2024

    Order Details: Notice of Motion Pdf Text: CNR NO : MHCC010000342020. 1 Notice of Motion No.17/2020. in L.C. Suit No. 2598/2019. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 17 OF 2020. IN L.C. SUIT NO. 2598 OF 2019. Phulora CHS Ltd. .................................…………... … PLAINTIFF. V/s. V.B.Infra Projects India Pvt. Ltd. and the Others. ... … DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 05th July, 2024. APPEARANCES : Mr. Deepak Pandey, Ld.…

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