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NOTICE OF MOTION

Smt Maggi Mathew PoyakaranVsMCGM

CNR MHCC0100193620194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 03rd July 2024

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100744/2019
Registration Date
21 Feb 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 21-02-2019
Business: Adv Dubey for plff present.
Adv Mrs.Vyavhare for BMC/deft present.
Earlier order, if any, to continue till next date.
Adjd to 16/04/2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Adv. Mr. Mukesh Pandey for Plff present.
Adv. Mrs. Vyavhare for MCGM/deft present.
Earlier order, if any, to continue till next date.
On oral request of advocate for Defendant/MCGM, adjournment granted.
Time extended for service of writ of summons as prayed.
Adjd to 12/7/2019 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Adv. Kunal Zalke for plaintiff present and tendered original writ of summon.  TOR.
Adv. Mrs. Hajare h/f Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 28.08.2019 for NM reply/w.s.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-08-2019

Date: 28-08-2019
Business: (Incharge Court of C.R.No.8)
Adv. Mr. Kunal Zalte for Plaintiff present.
None for Defendants.
Earlier order, if any, to continue till next date.
Adjd to 15.11.2019 for N/m reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-11-2019

Date: 15-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: Incharge of Court Room No.08
Adv Kunal Zalte for plaintiff present.
Adv Mr. Khandagale for defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 20/04/2020 for N.M. reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-04-2020

Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 11-05-2020

Date: 11-05-2020
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: 30-05-2020

Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-06-2020

Date: 17-06-2020
Business: Adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-09-2020

Date: 21-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-12-2020

Date: 07-12-2020
Business: None for plaintiff.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 24/02/2021 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Earlier order, if any, to continue till next date.
Matter adjd to 21/04/2021 for NM Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 21-04-2021

Date: 21-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 04-08-2021

Date: 04-08-2021
Business: (Matter pertains to C.R. NO.08)
Adv Pathak h/f Adv Mukesh Pandey for plaintiff  present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
Earlier order, if any, to continue till next date.
Adjd. To 29/09/2021 for NM reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 29-09-2021

Date: 29-09-2021
Business: Adv Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 22/11/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-11-2021

Date: 22-11-2021
Business: Adv Mukesh Pande for plaintiff present.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM.
Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 14/02/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 14-02-2022

Date: 14-02-2022
Business: Advocate Pandey for the plff Present.
Advocate Tondwalkar for Deft / MCGM Present and seeks time for filing reply to NM.
Order-- Time is granted as a last chance.
Matter is adjd for filing Reply to NM on 28/03/2022.
Earlier order, if any, to continue till next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-03-2022

Date: 28-03-2022
Business: Adv Mukesh Pandey for plaintiff present.
Adv. Smita Chavan h/f Adv. Tondwalkar for defendant/   MCGM present and request for filing reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 22-6-2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-06-2022

Date: 22-06-2022
Business: Adv. Kunal Zalte h/f Adv. Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 22/07/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-07-2022

Date: 22-07-2022
Business: Adv. Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to reply N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 05/09/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 05-09-2022

Date: 05-09-2022
Business: Adv. Mr. Zalte h/f. Mr. Pandey for plaintiff present
Adv. Mrs. Rawade h/f. Tondwalkar for defendant/BMC requests time to file reply on N/M-Granted.
Earlier order if any to continue till next date
Adjd. to 12/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Mukesh Pandey for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. However, in the interest of justice time is granted till next date as one more last chance.
Earlier order, if any, to continue till next date.
Adjd. to 16/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: Adv. Reema James Swami h/f Adv. Mukesh Pandey for plaintiff present.
Adv. Mr. Sutar h/f Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 04/01/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-01-2023

Date: 04-01-2023
Business: CORAM  H.H.J. SHRI A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Kunal Zalte for plaintiff present.
Adv Mrs Tondwalkar for defendant/BMC is present.
Earlier order, if any, to continue till next date.
Adjd. to 15/02/2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-02-2023

Date: 15-02-2023
Business: Adv. Mukesh Pandey for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date as a last chance.
Earlier order, if any, to continue till next date.
Adjd. to 24/04/2023 for N/M reply/ W/S.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 24-04-2023

Date: 24-04-2023
Business: Adv. Ms. Ansari h.f Adv. Pandey for plaintiff present
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested for time to file NM reply. Adv. for plaintiff submitted that since many dates, matter is pending for reply by the defendant / BMC and previous date last chance has been granted. Adv. for corporation submitted that conditional order may be passed. Therefore one more last chance granted with condition that on next date if corporation fail to file reply to NM, it be heard without reply.
Earlier order, if any, to continue till next date.
Adjd. to 10.07.2023 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv. Mukesh Pandey  for plaintiff present.
Advocate Suryavanshi for defendant/BMC present and seeks time to file reply to NM. Adv. for plaintiff submitted that on two occasions last chance has been granted. The matter is of year 2019 and inspite of sufficient time and opportunity, corporation has not filed reply to NM. Therefore notice of motion kept for hearing without reply of Defendant/BMC
 Earlier order, if any to continue till next date.
Adjd to 11.08.2023 for NM Hearing (Without reply )
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2023

Date: 11-08-2023
Business: Advocate Reshmi Parab for plaintiff present and submitted that Sr. Adv. is not feeling well. Hence seeks time to argue NM. Granted.
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd to 13.10.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-10-2023

Date: 13-10-2023
Business: Board is discharged matter is adjourned to 20.11.2023
Earlier order, if any, to continue till next date.
Adjd  to 24.11.2023   for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2023

Date: 24-11-2023
Business: Advocate  Mukesh Pandey for plaintiff present and seeks time to argue NM. Granted.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to   03.01.2024  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-01-2024

Date: 03-01-2024
Business: Matter pertains to C. R. No. 4
Advocate Mukesh Pandey for plaintiff present.
Adv Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  09.02.2024  for  NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-02-2024

Date: 09-02-2024
Business: Advocate Mukesh Pande for plaintiff present.
Plaintiff present.
Advocate Suryavanshi BMC present. KB.
L. O.
Same appearance.
As Court is busy in ad-interim matter,  dictating notice of motion order and due to paucity of time, matter adjourned.
Earlier order if any, to continue till next date.
Adjd to 11/03/2024 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-03-2024

Date: 11-03-2024
Business: CORAM: H.H.J. SHRI. R. M. MISHRA (COURT ROOM No.05)
Matter pertains to C. R. No. 4
Advocate  Mukesh Pandey for plaintiff present.
Adv Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  12.04.2024  for  hearing on NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-04-2024

Date: 12-04-2024
Business: Plaintiff present and her Advocate Mukesh Pandey are present and requested for adjournment. Granted
Advocate Suryavanshi for defendant/BMC present.
keep back
Later on
Heard argument on both sides on NM No. 744/2019
Earlier order, if any, to continue till next date.
Adjd  to  26.04.2024   for NM ORder
Next Purpose: NM  ORDERS
Next Hearing Date: 26-04-2024

Date: 26-04-2024
Business: Advocate  Mukesh Pandey for plaintiff present and tendered list of citation. TOR Copy is supplied to Adv for deft/BMC.
Advocate Suryavanshi for defendant/BMC present.
Heard argument of Adv for plaintiff on Ciatation.
Earlier order, if any, to continue till next date.
Adjd  to 29.04.2024  for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 29-04-2024

Date: 29-04-2024
Business: Advocate Anil Mishra a/w Mukesh Pandey for plaintiff present and requested time to make submission on judgments which will be filed on next date and also tendered application for production of documents.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 08.05.2024  for Production of documents/NM Order
Later on 4.28 p.m
Adv Mishra for plaintiff tendered application for taking city survey plan with list of documents marked as Exh. 5
Already Adjd  to 08.05.2024 Hearing on Exh. 5/ NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 08-05-2024

Date: 08-05-2024
Business: Advocate Mukesh Pandey for plaintiff present and requested time to file citation. Hence matter adjourned.
Advocate Mhatre  h/f Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 19.06.2024 for  citation and further argument on Citation/NM P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 19-06-2024

Date: 19-06-2024
Business: Advocate Mukesh Pandey for plaintiff present and submitted that Counsel Anil Mishra is busy in Dindoshi Court and requested time.  Hence matter adjourned
Advocate  Vywahare for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to 26.06.2024 for  citation and further argument on Citation/NM P.H.
Next Purpose: NM  P.H.
Next Hearing Date: 26-06-2024

Date: 26-06-2024
Business: Advocate Pandey a/w Anil Mishra  for plaintiff present.
Advocate Vyawahare       for defendant/BMC present.
Heard argument of both side on Notice of Motion No. 744/19.
Earlier order, if any, to continue till next date.
Adjd  to  03.07.2024   for NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 03-07-2024

Date: 03-07-2024
Business: Advocate Chandra Mishra h/f Pandey for plaintiff present and tendered application for adjournment marekd as Exh. 6
O – Rejected.
Advocate Vyawahare for defendant/BMC present.
keep back
Later on 3.50 p.m
Plaintiff present
Rest of the same appearance
F.R.S.R.Following order is passed in NM No. 744/2019
ORDER
 Defendant/BMC is temporarily restrained from implementing notice dated 09.04.2018 and speaking order dated 14.08.2018 till the decision of suit.
Later on
Writ of summons below Exh. 7  has been served upon BMC in the year 09.07.2019 but corporation has not filed WS. Adv for deft/BMC submitted that she has no instruction as  to the WS and requested for adjournment. Hence matter adjourned and kept for necessary order.
Adjd  to 28.08.2024  for Necessary order/WS
Nature Of Disposal: ALLOWED
Disposal Date: 03-07-2024

Additional Case Details

Additional Case Details
Filing Number: 102206/2019
Filing Date: 21-02-2019
First Hearing Date: 21st February 2019
Decision Date: 03rd July 2024
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1Full order available
03 Jul 2024

Order Details: Notice of Motion Pdf Text: 1 N/M. No.744/19 (LCS No.96/19) MHCC010019362019 IN THE BOMBAY CITY CIVIL COURT AT GREATER BOMBAY NOTICE OF MOTION No.744 OF 2019 IN LONG CAUSE SUIT No.96/2019 Smt. Maggi Mathew Poyakaran … Plaintiff - Versus - Municipal Corporation of Greater Mumbai ... Defendant Appearance :- Mr. Pandey with Mr. Mishra, Advocates for plaintiff. Mrs. Vyawahare, Advocate for defendant/M. C. G. M. CORAM : S. H. SALUNKHE, AD-HOC JUDGE CITY CIVIL COURT, COURT ROOM NO.4.…

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