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NOTICE OF MOTION

Sohrab Turab Khan - Suit St. No.116 of 2019VsMCGM

CNR MHCC0100075420195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 14th October 2022

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100309/2019
Registration Date
22 Jan 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: 25-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2019
    
    Date: 06-03-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-06-2019
    
    Date: 13-06-2019
    Business: wrongly on board.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2019
    
    Date: 28-06-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2019
    
    Date: 14-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2019
    
    Date: 29-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2020
    
    Date: 20-01-2020
    Business: Plaintiff present and his advocate absent.
    Advocate for applicant present.
    Advocate Vyavahare for defendant/BMC present.
    Adjourned for Ch/s Hearing to 27/03/2020.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 27-03-2020
    
    Date: 27-03-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    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: C/S  HEARING
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Next Purpose: C/S  HEARING
    Next Hearing Date: 22-07-2020
    
    Date: 22-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 04-09-2020
    
    Date: 04-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S  HEARING
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: None for plaintiff.
    Adv. Mrs. Vyavahare for defendant/BMC present.
    Adjourned for Ch/s Hearing to 18/02/2021.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: Advocate for plaintiff present.
    Advocate for intervenor present.
    Advocate for defendant/BMC present.
    Adjourned for N/M Hearing to 29/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: Due to Covid-19. Matter is adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2021
    
    Date: 12-08-2021
    Business: As court is busy in hearing arguments on Chs. 632/2020 in suit no. 2922/2015, on Exh. 11 in suit no. 315/15 , on chs. 509/2019 in SU 1600/2016, on Chs. 377/19 in Suit no. 2505/2011 and on Chs. 1289/2018 in Suit 2130/17 and on suit no. 1914/19. Hence,  remaining board is discharged and matter is adjd. 18/09/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-08-2021
    
    Date: 18-08-2021
    Business: As court is busy in recording evidence in suit no. 922/10 of DW no. 01, hence remaining board is discharged and matter is already adjd. to 18-09-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: As presiding officer is on leave, hence matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: None present for plaintiff. Adv.Vidya Vyavahare @ adv. sutar present for MCGM/defendant. adv. Neha Chokshi present and sought adjournment. Matter adjourned for nm hearing to. 14/12/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv. joshi ib adv. Neha Choksi present for appicant in chs.
    Adv. Vidya present for MCGM/defendant.
    Heard arguments of Ld. Adv. for applicant in chs. no. 34/2019.
    As plaintiff and his adv. are absent, Matter adjourned for arguments of plaintiff on chs. to. 13/01/22.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s. Hence, matter is adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 29-03-2022
    
    Date: 29-03-2022
    Business: As Court is on leave.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: As court is busy.
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Adv.Hiran Bhatia for Plaintiff present.
    Adv. Chetan Mhatre for applicant present.
    Adv for Plaintiff produced the copy of order passed by Hon\''ble Bombay High Court in Appeal order No. 603/2022 with Civil Application No. 80/22 wherein this court has been directed to decide the NM along with the application for implement preferable within a period of 12 weeks from the receipt of this order. TOR. Exh.5.
    Matter is adjd for  hearing on Ch.s. No.34/2019 on 12-08-2022
    Next Purpose: C/S ARGUMENTS
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Adv. Bhatia for Plaintiff present.
    Adv. Joshi for applicant in Ch/s. present.
    Matter is adjd for hearing on 23-08-2022
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv.Bhatia for Plaintiff present.
    Adv. Aniket Kale for applicant in C/s present.
    Adv. for Plaintiff filed adjournment application. TOR. Exh.6.
    O- Considering difficulty of advocate and time bound nature of matter, short adjournment is granted as last chance.
    Matter is adjd for hearing on 05-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Asad Bukhari @ Adv. Bhatia for Plaintiff present.
    Adv Shishir Joshi I/b Adv. Choksi for applicant in C/s is present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Heard arguments of  advocate for applicant.
    Partly heard advocate for Plaintiff.
    Matter is adjd for arguments PH on 13-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Asad Bukhari @ Adv. Bhatia for Plaintiff present.
    Adv Shishir Joshi I/b Adv. Choksi for applicant in Ch/s is present. Adv. Smt. Vidya Vyavahare for MCGM/ defendant present.
    Heard arguments of both sides on C/s No. 34/2019.
    Matter is adjd for  order on C/s on 23-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv Shivani Jain for Plaintiff present.
    Adv Neha Choksi for applicant present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Court is busy in urgent hearing matters i.e. Suit No. 4475/2009. Hence want of time board is discharged.
    Matter is adjd for Ch/s order on 29-09-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Adv Shivani Jain for Plaintiff present.
    Adv Neha Choksi for applicant present. Adv.
    Smt. Vidya Vyavahare for MCGM/ defendant present.
    Court is busy in hearing in old matter i.e. Suit No. 2798 of 2006. Hence want of time matter is adjourned.
    Matter is adjd for Ch/s order on 04-10-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: As court is busy in urgent matters and order. Hence, remaining board is dischgarge. Matter is adjourned to
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv Siwani Jain for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Adv Aniket L.Kale I/b Joshi for intervener present.
    FRSR the following order is passed on Chamber Summons No.34 of 2019
    ORDER
    1.  Chamber Summons No 34 of 2019 stands dismissed.
    2.  Chamber Summons  is disposed off.
    Authenticated copy of today\''s roznama be given to the parties if requested.
    Matter is adjd for NM hearing on 10-10-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Plaintiff is present and prayed for grant of short adjournment stating that his adv is not well. The matter is made Time bound by Hon\''ble Bombay High Court and the NM is to be decided till 21.10.2022. Hence, looking to said time frame I allow the adjournment for short time as last chance.
    Adv Aniket L.Kale I/b Joshi for intervener present and prayed for grant of adjournment of one week to challenge the order passed in Ch/s. It reveals that the Ch/.s has been dismissed and the matter has been made time bound by Hon\''ble Bombay High Court. Hence, said prayer is not consider.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Matter is adjd for NM arguments on 11-10-2022.
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Adv Asad Bukhari for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Heard arguments of adv for Plaintiff and adv for deft on NM No. 309 of 2019.
    In view of order passed by Hon\''ble Bombay High Court in Appeal No. 603/2022, interim order of status quo to continue till disposal of this NM.
    Matter is adjd for NM order on 14-10-2022
    Next Purpose: S.CT.H.CT. TIME BOUND
    Next Hearing Date: 14-10-2022
    
    Date: 14-10-2022
    Business: Adv. Saurabh Khan for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    FRSR the following order is passed on Notice of Motion No. 309 of 2019.
     ORDER
    1. Notice of Motion No.309 of 2019 is dismissed.
    2. Notice of Motion is disposed off.
    Adv for Plaintiff filed stay application. TOR. Exh... O- Other side to say.
    Say filed by adv for deft/MCGM.
    Order - Read the application and say. Plaintiff is having legal and statutory right to challenge the order passed by this Court on the Notice of Motion. Interim protection continued till today. Hence, considering said circumstances, the application is allowed and interim protection against impugned notice and order to continue for 8 weeks from today.
    Authenticated copy of today\''s roznama be given to the parties if requested.
    Nature Of Disposal: DISMISSED
    Disposal Date: 14-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100920/2019
    Filing Date: 22-01-2019
    First Hearing Date: 25th January 2019
    Decision Date: 14th October 2022
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Oct 2022

    Order Details: Notice of Motion Pdf Text: 1 N.M.309 of 2019 CNR:MHCC010007542019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.309 OF 2019 IN L.C.SUIT NO.187 of 2019 Mr. Sohrab Turab Khan .. Plaintiff V/s 1 Municipal Corporation of Greater Bombay & Anr. .. Defendants Appearances: Adv. Asad Bukhari for plaintiff. Adv. Smt. Vidya Vyavahare for MCGM/ defendants. CORAM : HER HONOUR ADHOC JUDGE SMT. A.H. KASHIKAR CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE : 14/10/2022.…

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