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NOTICE OF MOTION

Ms V. Build Through Partner Naviinchandra Popatlal KothariVsMunicipal Corporation of Gr. Mumbai +1 more

CNR MHCC0100075120194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2023

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100300/2019
Registration Date
21 Jan 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1Ms V. Build Through Partner Naviinchandra Popatlal Kothari

    Respondent

    1. 1Municipal Corporation of Gr. Mumbai
    2. 2Smt. Suffia Akbarali Sayyadali

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-02-2019
Business: None present for plff.
Adv Mrs.Bhoir for BMC/deft. present
On oral request of ld adv for deft, adjournment granted as a last chance.
Adjd to 5/04/2019 for NM reply.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 05-04-2019

Date: 05-04-2019
Business: None for Plff.
Plff is directed to tender registered N/M on or before next date.
Adjd to 17/6/2019 for service.
Next Purpose: NM REST0STORATION OF SUIT
Next Hearing Date: 17-06-2019

Date: 17-06-2019
Business: Plaintiff in person present.
Adv. Ms. Patil for MCGM/Def. 1 present.
Copy of NM be served through the bailiff.
Adjd to 23.07.2019 for service.
Next Purpose: SERVICE
Next Hearing Date: 23-07-2019

Date: 23-07-2019
Business: Court is on leave. Hence, Board is discharged.
Next Purpose: SERVICE
Next Hearing Date: 05-09-2019

Date: 05-09-2019
Business: As Court is on leave today, board is discharged. Matter is adjd. to 05-11-2019 for Service.
Next Purpose: SERVICE
Next Hearing Date: 05-11-2019

Date: 05-11-2019
Business: Plaintiff present and tendered original NM no. 300/19 along with affidavit in support.
Adv. Mrs. D.D. Patil for Deft no. 1/MCGM present.
None for defendant no. 2
On oral request of advocate for Defendant no. 1, adjournment granted.
Adjd to 12-12-2019  for NM Reply
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-12-2019

Date: 12-12-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-01-2020

Date: 24-01-2020
Business: Plaintiff in person present.
Adv. U.V.Singh for defendant No.2 present and file reply on NM 300/19.
Copy is served to plaintiff and defendant No.1.
Adv. Ms. Patil for MCGM/Defendant present.
On oral request of advocate for Defendant NO.2, adjournment granted as last chance.
Matter adjd to 24.03.2020 for filing reply by defendant No.1.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2020

Date: 24-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020

Date: 17-04-2020
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 REPLYREJOINDER
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Business: /home/ubuntu/Desktop/Please do careful
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-08-2020

Date: 17-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-11-2020

Date: 06-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-01-2021

Date: 19-01-2021
Business: Court is on leave,
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-03-2021

Date: 11-03-2021
Business: Adv. R.R. Yadav for plaintiff present and undertakes to file V/P. on next date.
Adv. Chavan for deft no.1/MCGM present.
None for Defendant No.2.
Matter adjd to 17/04/2021 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2021

Date: 17-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-06-2021

Date: 12-06-2021
Business: Due to Covid-19, matter is adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-08-2021

Date: 21-08-2021
Business: Court is half day (second sessions) leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-10-2021

Date: 05-10-2021
Business: None for plaintiff.
Adv Smita Chavan for defendant / MCGM present and requests for time to file reply to NM.
O- Time is granted till next date.
Adjd. To 23/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2021

Date: 23-11-2021
Business: W.O.B. already adjd. to 25/11/2021.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-11-2021

Date: 25-11-2021
Business: None for plaintiff.
Adv Mrs Rawade for defendant no.1 / MCGM present and and requests for time to file reply to NM. Time is granted till next date.
None for Defendant No.2.
Matter is adjd to 04/01/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2022

Date: 04-01-2022
Business: None for plaintiff.
Adv Khandagale h/f Adv Rawade for defendant  / MCGM present and requests for time to file reply to NM.
Time is granted till next date.
Adjd. To 17/02/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-02-2022

Date: 17-02-2022
Business: HHJ is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-03-2022

Date: 24-03-2022
Business: Proprietor of plaintiff present.
Adv Mrs Rawade for defendant no.1/ MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Advocate for defendant no.2 present.
On oral request of advocate for defendants, matter is adjourned till next date for filing NM reply.
Adjd. To 07/06/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-06-2022

Date: 07-06-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant / MCGM is present and requested for time to file reply to N/M. Time granted till next date.
Adjd. to 14/07/2022 for reply to N/M.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-07-2022

Date: 14-07-2022
Business: None for plaintiff
Adv. Mrs. Rawade for defendant 1/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
None for deft. No. 2.
Adjd. to 20/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-08-2022

Date: 20-08-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
Adjd. to 17/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-09-2022

Date: 17-09-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present and has given say on N/M No.300/2019 overleaf.
Adjd. to 15/10/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2022

Date: 15-10-2022
Business: None for plaintiff
Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
Adjd. to 03/11/2022 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-11-2022

Date: 03-11-2022
Business: P.O. is on leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2022

Date: 19-11-2022
Business: None for plaintiff.
Adv. Mrs. Rawade for defendant No.1/ BMC is present.
Adv. U. V. Singh for defendant No.2 present.
This N/M is taking out for restoration of suit and pending since long for hearing. The roznama shows that since many dates neither plaintiff nor his advocate present and not taking further steps. Hence, matter is adjourned for N/M dismissal.
Adjd. to 17/12/2022 for N/M dismissal.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 17-12-2022

Date: 17-12-2022
Business: As Court is on leave today, board is discharged.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 21-01-2023

Date: 21-01-2023
Business: Court is on leave.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-02-2023

Date: 18-02-2023
Business: None for plaintiff
Adv. Mrs. Mhatre for defendant/BMC present.
This Notice of Motion has been taken out by the plaintiff in 2015 for condonation of delay that has caused in filing application for restoration of Suit No. 854/2015. However, the Roznama shows that since September 2022 this Notice of Motion is pending for hearing. Neither the plaintiff nor advocate remains present since many dates. Hence the matter was kept for Dismissal Order on 17/12/2022. Today when called upto 4.30 none for plaintiff. Hence put for Dismissal Order.
Adjd. to 18/3/2023 for dismissal of N/M.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 18-03-2023

Date: 18-03-2023
Business: None for plaintiff.
Adv. Mhatre for defendant no. 1/ BMC is present.
None for defendant no. 2.
Order below NM No. 300/2019
     This Notice of Motion is pending for hearing since 19.09.2022. This Notice of Motion has been taken out for restoration of the Suit No.2514/2016 which has been disposed off for want of prosecution on dtd. 12.02.2018. The matter was repeatedly adjourned for hearing on Notice of Motion. However neither plaintiff nor his advocate remains present. This shows that plaintiff is not interested to proceed with the matter. Hence, I have no option but to dismiss the Notice of Motion for want of prosecution. Hence, I passed following order.
ORDER
1.  Notice of Motion No. 300/2019 is dismissed for want of prosecution.
R and P be sent to Record Department.
Nature Of Disposal: DISMISSED
Disposal Date: 18-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100846/2019
Filing Date: 21-01-2019
First Hearing Date: 18th February 2019
Decision Date: 18th March 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    18 Mar 2023
    Order Details: Other
Pdf Text: Daily Status
IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
Case No. :NOTICE OF MOTION/0100300/2019
Ms V. Build Through Partner Naviinchandra Popatlal Kothari Vs 1.Municipal Corporation of Gr.
Mumbai 2. Smt. Suffia Akbarali Sayyadali
Date : 18-03-2023
Business : None for plaintiff. Adv. Mhatre for defendant no. 1/ BMC is
present. None for defendant no. 2. Order below NM No.
300/2019 This Notice of Motion is pending for hearing
since 19.09.2022. This Notice of Motion has been taken out
for restoration of the Suit No.2514/2016 which has been
disposed off for want of prosecution on dtd. 12.02.2018.
The matter was repeatedly adjourned for hearing on Notice
of Motion. However neither plaintiff nor his advocate
remains present. This shows that plaintiff is not interested
to proceed with the matter. Hence, I have no option but to
dismiss the Notice of Motion for want of prosecution.
Hence, I passed following order. ORDER 1. Notice of
Motion No. 300/2019 is dismissed for want of prosecution.
R and P be sent to Record Department.
Nature of Disposal : DISMISSED
Disposal Date : 18-03-2023
COURT 04 AD-HOC ASST SESSIONS JUDGE
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