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NOTICE OF MOTION

Indra Bihari Sukheja - Suit St. No.2362 of 2019VsMCGM

CNR MHCC0100238820194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 10th October 2022

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100902/2019
Registration Date
02 Mar 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: 12-03-2019
    Business: None for Plff.
    Adv. Mrs. Vyavhare for MCGM/deft present.
    KB - LO at 2.50 p.m.
    Adv. Mr. Singh for Plff present and tendered original N/M No.902/19.  t.o.r.
    Adv. Mrs. Vyavhare for MCGM/deft present.
    Adjd to 2/5/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: Adv. Mrs. Narvekar h/f Adv. Mr. Saraogi for Plff present.
    Adv. Mrs. Vyavhare for MCGM/deft present.
    On oral request of advocate for Plff, adjournment granted.
    Adjd to 16/7/2019 for rejoinder/ N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Court is on leave today hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-09-2019
    
    Date: 04-09-2019
    Business: As P.O. is on leave, matter is adjd. till next date.
    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: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Ms. Neha Pande for plaintiff present.
    Adv. Ms. Patil h/f. Adv. Mr. Khandagale for MCGM/Defendant present.
    On oral request of advocate for plaintiff, adjournment granted as last chance.
    Adjd. to 07/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2020
    
    Date: 07-02-2020
    Business: Adv. Pandey for plaintiff present.
    Adv. Khandagle for MCGM/Deft. present.
    On oral request of advocate for plaintiff, adjournment granted as last chance.
    Matter adjd to 13.04.2020  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-04-2020
    
    Date: 13-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-04-2020
    
    Date: 28-04-2020
    Business: National lock down - 4
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-06-2020
    
    Date: 06-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2020
    
    Date: 23-09-2020
    Business: As per direction of Hon\\\''ble High Court , due to heavy rain, holiday is
    declared on 23.09.2020 and matter is adjd to 02-12-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintff present.
    Adv. Khandagale for deft/MCGM present.
    On oral request of advocate for plaintiff, adjournment granted to argue the NM till next date. Time is granted.
    Matter adjd to 05/02/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Ms. Narvkar h/f Adv. Saraogi for plaintiff present.
    Adv. Khandagle for deft/MCGM present.
    On oral request of advocate for plaintiff, adjournment granted.
    Matter adjd to 12/03/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2021
    
    Date: 12-03-2021
    Business: Matter adjd to 30/04/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-04-2021
    
    Date: 30-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    Business: Due to Covid-19 pandemic, matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-09-2021
    
    Date: 03-09-2021
    Business: Adv Ravindra Singh h/f Adv A.M. Saraogi for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    K.B.
    L.O. at 5.00 p.m.
    Adv Neha Pandey h/f Adv A.M. Saraogi for plaintiff present.
    Adjd. To 06/09/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2021
    
    Date: 06-09-2021
    Business: Adv Sanjay Singh h/f Adv Saraogi for plaintiff present and requests for time to argue to NM. Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. To 11/10/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Riddhi Singh h/f Adv Saraogi for plaintiff present and requests for time to argue on NM.
    Time is granted till next date.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Adjd. To 29/11/2021 forNM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Riddhi Seth h/f adv. Sarogi for plaintiff present and requested for time to argue on NM.  Time is granted as a last chance.
    Adv. Tondwalkar for MCGM present.
    Matter is adjd to 7/2/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: As per office order No. 27 of 2022 dtd. 06/02/2022 due to mourn the sad demise of Veteran Singer Bharat Ratna Lata Mangeshkar and High Court, Bombay, vide letter dtd. 06/02/2020 bearing no. RG/1611/09/2022 has declared Holiday on Monday i.e. 07/02/2022, therefore, matter is adjourned on next day.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-04-2022
    
    Date: 08-04-2022
    Business: HHJ is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2022
    
    Date: 22-04-2022
    Business: Adv Karan Chaudhary h/f Adv Saraogi for plaintiff present and requests for time to argue on NM. Time is granted till next date.
    Adv Mrs Tondwalkar for defendant / MCGM is present.
    Adjd. To 24/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2022
    
    Date: 24-06-2022
    Business: Adv. Karan Chaudhari h/f Adv. A.M. Saraogi for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Adv. for plaintiff requested time to argue on N/M. Time is granted till next date as a last chance.
    Adjd. to 27/07/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Tondwalkar for defendant/ MCGM is present.
    Adjd. to 19/09/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present and requested time to argue on N/M.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present and opposed for adjournment, however, time is granted till next date as a last chance.
    Adjd. to 26/09/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2022
    
    Date: 26-09-2022
    Business: Adv. A. M. Saraogi for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    K.B. for N/M hrg.
    L.O.
    Same appearance.
    Heard Adv. for plaintiff on N/M No.902/2019.
    Adjd. to 28/09/2022 for deft\''s hrg. on N/M No.902/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. Narvekar h/f Adv. A. M. Saraogi for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    Earlier list of documents filed by Adv. For deft./BMC on 26/04/2019 is today marked as Exh.2.
    Adv. for deft. Tendered list of documents, TOR and marked as Exh.3. Copy is supplied to other side.
    Heard Adv. for deft./BMC on N/M No.902/2019.
    On oral request of Adv. for plaintiff, to argue on citations filed by defts., matter is adjourned till next date.
    Adjd. to 03/10/2022 for reply argument by plaintiff in N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Adv. Karan Choudhari h/f Adv. A. M. Saraogi for plaintiff present and tendered written submission in N/M, TOR and marked as Exh.4. Copy is supplied to other side.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    K.B.
    L.O.
    Adv. Ravindra Singh for plaintiff present.
    Heard Adv. for deft./BMC on N/M No.902/2019
    Adjd. to 10/10/2022 for N/M order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Narvekar h/f Adv. A. M. Saraogi for plaintiff present.
    Adv. Mrs. Tondwalkar for defendant/ BMC is present.
    K.B. for order on N/M No.902/2019.
    L.O.
    F.R.S.R. following order is passed on N/M No.902/2019-
    O R D E R
    Notice of Motion No.902/2019 is dismissed.
    L.O.
    Adv. for plaintiff tendered application for extension of Ad-interim order, TOR and marked as Exh.5. O - Other side to say.
    Adv. for defendant/BMC has given say on Exh.5 overleaf.
    K.B. for order on Exh.5.
    L.O.
    Following order is passed below Exh.5 -
    O R D E R
    1. The plaintiff filed this application for extension of ad-interim injunction till filing appeal against order dismissing Notice of Motion.
    2. It is contended that this court has granted ad-interim injunction on 27/02/2019 and said protection was extended till today. This court has dismissed N/M. The Plaintiff intend to challenge order dismissing Notice of Motion by filing appeal. Therefore, ad-interim protection may be extended for four weeks.
    3. Learned advocate for the corporation strongly opposed the application contending that N/M has been dismissed on merits. Hence application may be rejected.
    4. Heard advocates of both sides.
    5. N/M has been dismissed by order dated 10/10/2022. The plaintiff intend to challenge the order dismissing N/M. Adv. for plaintiff submitted that some time would be required to file appeal after obtaining necessary documents and in the meantime, there is possibility of removal of suit structure by the defendant/corporation. Appeal is right of a party who is dissatisfied by the order. Therefore, considering the facts of the case and submissions of advocate for the plaintiff I proceed to pass following order-
    O R D E R
    Ad-interim injunction granted by order dated 27/02/2019 is extended for a period of 4 weeks from today.
    Nature Of Disposal: DISMISSED
    Disposal Date: 10-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 102551/2019
    Filing Date: 02-03-2019
    First Hearing Date: 12th March 2019
    Decision Date: 10th October 2022
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1Full order available
    10 Oct 2022

    Order Details: Notice of Motion Pdf Text: 1 N/M.902/19 (LCS 595/19) MHCC010023882019 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI NOTICE OF MOTION No.902 OF 2019 IN LONG CAUSE SUIT No.595/2019 Mrs. Indra Bihari Sukheja … Plaintiff Versus Municipal Corporation of Greater Mumbai. ... Defendant Appearance : Mr. A. M. Saraogi, Advocate for plaintiff. Mrs. Tondwalkar, Advocate for defendant. CORAM : S. H. SALUNKHE, JUDGE CITY CIVIL COURT, COURT ROOM NO.4. DATED : 10/10/2022. O R D E…

    Read Full Order

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