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NOTICE OF MOTION

Sib Sankar Das And OrsVsMCGM And Ors

CNR MHCC0100166420195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 15th March 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100643/2019
Registration Date
13 Feb 2019

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: 07-03-2019
    Business: Adv. Ansul Bhuta for plaintiff present and tendered original notice of motion no. 643 of 2019 alongwith affidavit and also filed affidavit of service.
    Adv. Rawade with Adv. Dhumale for defendant no. /MCGM present.
    The Ld. Adv for the MCGM seeks time to file reply. Time granted.
    Matter adjd. to 14.3.19 for NM Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv.Ashish Kanojia h/f. Bhuta and Associates for plaintiff present.
    Adv.Mr.Dhumale for defendant/MCGM present.
    NM 643/19 is pending for say and hearing.
    Matter adjd to 09.04.2019 for Say and Argument.
    Next Purpose: REPLY
    Next Hearing Date: 09-04-2019
    
    Date: 09-04-2019
    Business: Plaintiff and his advocate absent.
    Adv.Shri Dhumale for defendant/MCGM present.
    Matter adjd to 15.06.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-06-2019
    
    Date: 15-06-2019
    Business: Adv.Mr.Bhuta for plaintiff present.
    Adv.Mrs.Rawade for defendant/MCGM present.
    Matter adjd to 24.06.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-06-2019
    
    Date: 24-06-2019
    Business: P.O. is on leave.
    Matter adjd to 15.07.2019 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 15-07-2019
    
    Date: 15-07-2019
    Business: PO is on training pragram at Uttan
    Next Purpose: REPLY
    Next Hearing Date: 19-08-2019
    
    Date: 19-08-2019
    Business: a
    Next Purpose: REPLY
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Plaintiff and advocate Mr. Shobhet Shukla present.
    Adv. Ms. Dhuri for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 26/09/2019 for hrg.on N/M.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Plaintiff absent and Adv. Mr. Gajanan Shinde present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 01/10/2019 for n.m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 26-09-2019
    Business: Plaintiff absent and Adv. Mr. Gajanan Shinde present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 01/10/2019 for n.m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Plaintiff and Adv. R. Menon present.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Adv. For plaintiff requested time for hearing on notice of motion. Granted last chance.
    Matter adjd to 15/10/2019 for hrg.on n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Plaintiff absent and Adv. Ms. Rahida present and tender notice of motion no. 643/019 alongwith affidavit in support t.o.r.
    Adv. Mrs. Meena Dhuri for defendant/MCGM present.
    Matter adjd to 30/11/2019 for hrg. On n.m
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: P. O. is on half day leave (Second Session).
    Matter adjd to 14/01/2020 for hrg. On n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Plaintiff and advocate are absent.
    Adv. Mrs. Rawade for defendant MCGM Present
    Mater is adjd to 04.02.2020 for taking steps/Order .
    Next Purpose: ORDER
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Ms. Bhanushali for plaintiff present.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    Heard arguments of both sides on chamber summons no.1960/2019.
    Matter is adjd to  20/02/2020 for order on ch/s no. 1960/2019.
    Next Purpose: ORDER
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Adv. Mr. Raje for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    F. R. S. R. following order is passed on Chamber Summon No. 1960/2019.
                                O R D E R
    The Chamber Summon No.1960/2019 is dismissed.
    Matter is adjd to 07/04/2020 for hrg.on n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 29.05.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    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 FOR HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Business: None present for plaintiff.
    Adv Jyoti Mhatre for MCGM/defendant present.
    Matter adjourned for NM hearing to 10.08.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-09-2020
    
    Date: 30-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-11-2020
    
    Date: 09-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: NOBTOB. SUOMOTO.
    None present for plaintiff.
    Adv Suryawanshi (h/f Adv Smt. Rawde) present for MCGM/defendant.
    Order
    Issue notices to plaintiff of said suits for Lok Adalat Dtd. 12.12.2020, immediately.
    Parties are directed to appear before the Lok-adalat.
    Matter adjourned for Lok-adalat to 12.12.2020.
    Next Purpose: FOR___________________
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: NOBTOB.(Suomoto) None present for plaintiff Adv Rawade present for MCGM/defendant. Adv of defendant submitted that in list dated 02.12.2020 this matter was given for Lok-adalat however, Adv of defendant says that this matter was wrongly mentioned by their office in the list provided for Lok-Adalat. Defendant does not want to keep this matter in Lok-Adalat. Notice of plaintiff regarding Lok-Adalat be called back if not forwarded yet. Matter adjourned for filing evidence of defendant to 19.12.2020.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 19-12-2020
    
    Date: 19-12-2020
    Business: As court is on leave, hence matter is adjd to.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Adv Guta present for plaintiff.
    Adv Soraan(hf) present for MCGM/defendant.
    With consent of both the parties matter is kept for NM arguments on next date.
    Matter adjourned for NM arguments to 04.02.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv Avani Bhanushali present for plaintiff.
    Adv Ravde present for MCGM/defendant.
    Adv of plaintiff sought adjournment.
    Plaintiff to avoid delay.
    Matter adjourned 25/02/2021 for Notice of Motion arguments
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Business: None present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Matter adjourned for NM arguments to 11.03.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Avni Bhanushali present for plaintiff.
    Adv Rawade present for MCGM/defendant and sought time for reply.
    LO at 4.00 pm.
    Adv of plaintiff argued on NM and submitted written notes of arguments.
    Adv of MCGM has not filed reply yet on NM.
    Adv of plaintiff prayed for interim protection by saying that out of two one loft is already demolished without notice. Therefore MCGM is directed to follow due procedure of law regarding the remaining structure if any is existing yet.
    Plaintiff to produce original and dated photographs of notice structure on record for perusal of the court u/s 165 of the evidence act.
    Authenticated copy of roznama be given to parties, if requested.
    Plaintiff to communicate this order to MCGM as early as possible.
    Matter adjourned for NM arguments by defendant to 16.03.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: Adv. Bhuta present for plaintiff.
    Adv. Nandanwar (hf) present for MCGM/defendant.
    Defendant has not file reply on NM yet.
    On earlier date plaintiff got interim relief. When reply will be given by BMC then plaintiff shall avoid delay on NM.
    Matter adjourned for NM reply to 30.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Due to covid-19 pandemic, matter is adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    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: 21-08-2021
    
    Date: 21-08-2021
    Business: As court is busy in order on Chamber summons 377/2019 in Suit no. 2505/2011 and hearing urgent arguments in Suit No. 1600/2016 and in By Praciepe Suit St. No. 6122/21 hence, remaining board is discharged and matter is adjd. to.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: As court is busy in hearing arguments on Nm no. 3220/2012 in suit no. 4743/12, in Suit no. 1633/2021, in SU 2451/2019, on NM    no. 1052/2012 in suit no. 986/2012 and in suit st. no. 6122/21 and dictating order on draft Chs. in suit no. 2945/15, hence remaining board is discharged, and matter is adjd. to.20/11/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-11-2021
    
    Date: 20-11-2021
    Business: None present for plaintiff.
    Adv. Sutar present for MCGM/defendant.
    As plaintiff and his adv. absent, and As court is busy in hearing arguments on chs no. 870/2021 in suit no. 528/2014, and MA. no. 68/2021, passing order on  M. A. no. 68/2021, remaining board is discharged and, Matter adjourned for nm reply rejoinder  to 11/01/22.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    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: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: The court is busy in dictating order in SU 1923/19, SU 715/2022 and SU 1923/19 High Court time bound matters and hearing expedited matter SU 419/2022, 1183/2018 hence, for want of time following board discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-07-2022
    
    Date: 08-07-2022
    Business: As court is busy.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2022
    
    Date: 10-08-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Court is busy in urgent hearing matters i.e. Suit No. 4475/2009. Hence want of time board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: As court is busy in dictating ad-interim order in Suit No. 2433 of 2022 and Suit No. 1847 of 2015 and urgent hearing in High Court Time Bound Matter suit No. 1700 of 2010. Hence want of time board is discharged.
    Matter is adjd for NM replyrejoinder on 02-01-2023
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: None for Plaintiff.
    Adv. Mr. Diwate for MCGM/ defendant  present.
    Reply not filed by deft to NM No. 643/2019 Hence NM to proceed without reply.
    Matter is adjd for  NM hearing on 02-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: As Court is busy in High Court Time Bound Matter i.e. Suit No. 784/17 and urgent hearing in Suit No. 2237 of 2018 and Stamp No. 1313 of 2023. Hence want of time board is discharged.
    Matter is adjd for NM reply on 20-04-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Adv. for plaintiff is present.
    Adv. Rawade @ Adv. Vyavahare for MCGM/Defendant present.
    As court is busy in final argument i.e. in Suit no. 2709/09. Hence, matter is adjourned.
    Matter adjourned for NM reply on 25-07-2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: None for Plaintiff.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 05.10.2023 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 28.11.2023  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: None present for plaintiff.
    Adv. Rawade for def./MCGM is present.
    Matter is adjd  to 18/01/2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2024
    
    Date: 28-11-2023
    Business: None present for plaintiff.
    Adv. Rawade for def./MCGM is present.
    Matter is adjd  to 18/01/2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 27.02.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-02-2024
    
    Date: 27-02-2024
    Business: None for Plaintiff.
    Adv. Ms. Rawade for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 04.04.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: None for Plaintiff.
    Adv. Vyavahare for defendant/BMC present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 25.06.2024  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: None for Plaintiff.
    Adv. Om Suryawanshi for Defendant/MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 25.07.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-07-2024
    
    Date: 25-07-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 10.09.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2024
    
    Date: 10-09-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 15.10.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-10-2024
    
    Date: 15-10-2024
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Matter is adjd  to 17.12.2024 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-12-2024
    
    Date: 17-12-2024
    Business: The P.O. is on leave. Hence, matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-02-2025
    
    Date: 18-02-2025
    Business: None for Plaintiff.
    Adv. Chaitanya Dalvi for Defendant/MCGM present.
    NM No. 643/19 is pending since long but plaintiff has failed to proceed with. Hence, notice of motion be kept for dismissal order on next date.
    Matter is adjd to 15.03.2025 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
        Vide order Dtd. 18.02.2025 present notice of motion is kept for dismissal order. Since long plaintiff and his counsel remained absent. Notice of motion is of the year 2019 and pending for hearing since 2019. Therefore, taking into consideration reluctant attitude of the plaintiff, I think it that notice of motion is liable to be dismissed for want of prosecution so in the result following order is passed -
        Notice of motion No. 643 of 2019 is dismissed for want of prosecution and accordingly disposed of.
    Matter is adjd  to 13.06.2025 for written statement.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 15-03-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 101828/2019
    Filing Date: 13-02-2019
    First Hearing Date: 07th March 2019
    Decision Date: 15th March 2025
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    15 Mar 2025
    Order Details: Other
    Pdf Text: 15.03.2025 CORAM: SHRI R. S. ARADHYE, ADDL. SESSIONS JUDGE C.R.NO.5
    SU. 2470/18
    NM 643/19
    None for Plaintiff.
    Adv. Amar Patil h/f Adv. Chaitanya Dalvi for defendant/MCGM present.
    Vide order Dtd. 18.02.2025 present notice of motion is kept for
    dismissal order. Since long plaintiff and his counsel remained absent.
    Notice of motion is of the year 2019 and pending for hearing since
    2019. Therefore, taking into consideration reluctant attitude of the
    plaintiff, I think it that notice of motion is liable to be dismissed for
    want of prosecution so in the result following order is passed -
    Notice of motion No. 643 of 2019 is dismissed for want of
    prosecution and accordingly disposed of.
    Matter is adjd to 13.06.2025 for written statement.
    Judge
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