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NOTICE OF MOTION

Mr. Shaikh Abdul KasedVsMCGM And Anr.

CNR MHCC0100101320205-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 18th August 2022

TrustJury record updated 27 Sept 2026

Case Overview

Registration Number
100400/2020
Registration Date
27 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: 30-01-2020
    Business: Adv. Mr. Dubey for plaintiff present and filed registered notice of motion 400/2020 with affidavit in support t.o.r.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    As Court is busy in recording evidence, hearing arguments, passing orders and other misc. work hence,
    In the meantime Defendant/Corporation not to take any coercive action against notice structure till 31/01/2020.
    Matter is adjd to 31/01/2020 for ad-interim order.
    Next Purpose: ORDER
    Next Hearing Date: 31-01-2020
    
    Date: 31-01-2020
    Business: Adv. Mr. Shobhit Shukla for plaintiff present.
    Adv. Mr. Suryavanshi/Nandanwar for the defendant  MCGM  present
    The ad-interim order on notice of motion. The notice of motion was taken up for passing orders on notice of motion. Now at 04.45 p.m it is notice that the complete set of speaking order is not filed by the plaintiff. This fact was already pointed out to the advocate for the plaintiff when the arguments on the ad-interim relief was heard. Still till today the complete copy of the order is not filed by the plaintiff.
    Ld. Adv. Mr. Shukla for plaintiff submits that at present he doesn\''t have the compete copy and would be tendering on tomorrow morning at 11.00am. Put up for order.
    Matter is adjd to 01/02/2020 for order.
    Next Purpose: ORDER
    Next Hearing Date: 01-02-2020
    
    Date: 01-02-2020
    Business: Adv. Mr. A. R. Pande for plaintiff present.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    F. R. S. R. Following order is passed ad-interim.
                                    O R D E R
    The prayer for ad-interim relief is rejected.
    Adv. Mr. A. R. Pande for plaintiff present and filed an application for extension of earlier order t.o.r. and marked as Exh.
    Order- Corporation not to take any coercive action for ten days. Enabling plaintiff to prefer appeal against order passed today.
    
    Matter is adjd to 19/03/2020 for reply on n.m.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: Adv Som Sinha for plaintiff .
    Adv Tawde for defendant
    Matter adjd to 30/4/20 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-04-2020
    
    Date: 30-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 21.05.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-05-2020
    
    Date: 21-05-2020
    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: NM REPLYREJOINDER
    Next Hearing Date: 09-06-2020
    
    Date: 09-06-2020
    Business: COVID-19
    Adv Chandra More for MCGM/defendant present.
    Matter adjourned for NM reply to 17.07.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-08-2020
    
    Date: 11-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: None present for plaintiff.
    Adv Suryawanshi for MCGM/defendant present.
    Matter adjourned for NM reply to 19.12.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: As court is on leave, hence matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-01-2021
    
    Date: 22-01-2021
    Business: As Court is on leave hence matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: Adv Dubey (hf) present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Adv of defendant of sought adjournment.
    Matter adjourned for NM reply to 09.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Adv. Shukla present for plaintiff.
    Adv. Rawade present for MCGM/defendant.
    Matter adjourned for NM reply to 17.06.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-07-2021
    
    Date: 16-07-2021
    Business: As presiding officer is on leave hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged, Hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-08-2021
    
    Date: 31-08-2021
    Business: As presiding officer is on leave, hence matter is adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: As presiding officer is on leave, hence matter is adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2021
    
    Date: 02-12-2021
    Business: Adv. shobit shukla for plaintiff present.
    Adv. sutar present for MCGM/defendant and sought adjournment for filling reply.
    Matter adjourned for filing reply to. 03/02/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    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.
    Matter is adjd.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-04-2022
    
    Date: 21-04-2022
    Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-07-2022
    
    Date: 02-07-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv.Dubey for Plaintiff present and tendered application with along with High Court order dtd.27.06.2022. TOR. Exh.8.
    Order-
    8. Learned Counsel for the respective parties state that the pleadings will be completed within a period of three weeks.
    9. The learned Judge is requested to decide the Notice of Motion within a period of four weeks thereafter.
    10. Appeal stands disposed of. Application, if any, stand disposed in view of disposal of the appeal.
    Matter adjourned for NM to.18-08-2022
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-08-2022
    
    Date: 18-08-2022
    Business: Adv. Shukla h.f. A.R. Pandey for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    FRSR the following order is passed on NM No. 400/2020.
    ORDER
    1. Notice of Motion No. 400 of 2018 is dismissed.
    2. Notice of Motion is disposed off.
    Adv. for Plaintiff present filed application for stay. TOR. Exh.--
    O- Other side to say.
    Say filed by other side.
    O- Read the application and say. It transpires that this matter has been made time bound by Hon\''ble Bombay High Court. The status-quo order continued till disposal of Notice of Motion. Plaintiff is having legal and statutory right to challenge the order passed by this Court on the Notice of Motion.
    Hence, considering said circumstances, the application is allowed and interim protection against impugned notice and order to continue for 4 weeks from today.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 101208/2020
    Filing Date: 27-01-2020
    First Hearing Date: 30th January 2020
    Decision Date: 18th August 2022
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    18 Aug 2022

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.400 of 2020 CNR:MHCC01-001013-2020 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.400 OF 2020 IN L.C.SUIT NO.285 OF 2020 Mr. Shaikh Abdul Kased .. Plaintiff V/s. 1. The Municipal Corporation of Greater Mumbai & Anr. .. Defendants Appearance: Adv. A.R. Pandey for plaintiff. Adv. Mr. Bibhishan Sutar for MCGM/ defendant. CORAM : HER HONOUR ADHOC JUDGE SMT. A.H. KASHIKAR CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE :…

    Read Full Order

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