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NOTICE OF MOTION

Mr.Bipinkumar D. JakhetiyaVsMCGM

CNR MHCC01003489201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 22nd April 2025

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101353/2019
Registration Date
28 Mar 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 29-03-2019
    Business: Advocate Mr. Priyank Shukla for Plaintiff present and filed 1353/19 with affidavit in support, t.o.r.
    Advocate Ms. Tondwalkar for BMC/Deft present and filed reply to NM No.749/19, t.o.r. Copy served to advocate for Plaintiff.
    Advocate for BMC raised objection to continue earlier order.
    Court is busy in dictating judgment in suit no.2117/07, hence case is adjourned to 10/04/2019 for NM hearing.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2019
    
    Date: 10-04-2019
    Business: Case is adjourned to 20.04.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2019
    
    Date: 20-04-2019
    Business: Advocate Tiwari for plaintiff present.
    Advocate Ms.Tondawlakar for defendant/MCGM present.
    Adv. Tiwari filed affidavit of service in contempt motion.TOR.
    Earlier order to continue till next date.
    The case is adjourned to 07.06.2019  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2019
    
    Date: 07-06-2019
    Business: Advocate Nilesh Pandey for plaintiff present.
    Advocate Ms.Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 12.06.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Advocate Nilesh Pandey for plaintiff present
    Advocate Ms.Chavan for defendant/MCGM present. Earlier order to continue till next date.
    The case is adjourned to 17.06.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Advocate Tiwari h/f adv. Nilesh Pandey for plaintiff present.
    Advocate Mr. Giri  for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 03.07.2019 at 2.45pm for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Advocate Nilesh Pandey a/w adv. Bipin Tiwari for plaintiff present.
    Advocate Ms. Chavan for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 06.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: Advocate Nilesh Pandey a/w adv. Bipin Tiwari for plaintiff present.
    Advocate Ms. Mhatre h/f adv. Chavan for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 10.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Advocate Nilesh Pandey a/w adv. Bipin Tiwari for plaintiff present.
    Advocate Ms. Chavan for defendant /MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 26.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2019
    
    Date: 26-07-2019
    Business: Court is on leave. Hence today board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Advocate Priyank Shukla h/f adv. Tiwari for plaintiff present.
    Advocate Ms. Mhatre h/f adv. Ms. Chavan for defendant/MCGM present and seeks time as adv. Ms. Chavan is not available due to death of her father.
    Earlier order to continue till next date.
    The case is adjourned to 16.10.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Advocate Bhosle h/f adv. Bipin Tiwari for plaintiff present and submitted that advocate on record has lost his mother and so he is unable to attend. He sought time. Considering reason time is granted.
    Advocate Ms. Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 25.11.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv. Mr. Bhosale for plaintiff present.
    Adv. Ms. Chavhan for deft/MCGM present.
    KB.
    LO
    Adv. Mr. Nilesh Pande h/f adv. Mr. Bipin Tiwari for plff, prayed for adjd that adv. Mr.Tiwari is out of station for family function.
    Earlier order to continue till next date.
    Matter is adjd. for NM hearing on 16.12.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-12-2019
    
    Date: 16-12-2019
    Business: Adv. Bipin Tiwari for plaintiff, submits that Adv. Nilesh Pandey may argue the matter and he is retiring from present case. At his request 16.01.2020 next date is granted for argument, it is made clear, in default to argue on 16.01.2020,  EOC will stands vacated, without specific order.
    Adv. Chavan for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing to 16.01.2020.
    Later On.
    Adv. Nilesh Pandey for plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. Mr. Nilesh Pandey for plaintiff, prayed for adjd as he is continuing with present brief and not going to retire. It is requested for adjd r/o 06.03.2020.
    Adv. Mrs. Mhatre h/f adv. Mrs. Chavhan for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM hearing on 06.03.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-03-2020
    
    Date: 06-03-2020
    Business: (In charge Court to C.R. no.11)
    Adv. Mr. Tiwari for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order to continue till next date.
    Matter is adjd. for on NM hearing on 15.04.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2020
    
    Date: 06-08-2020
    Business: Adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2020
    
    Date: 09-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2021
    
    Date: 22-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: CORAM  H.H.J. SHRI. D. D. ALMALE, (C.R.NO.06)
    (Matter pertains to C.R. No.11)
    Adv. Priyank Shukla for plaintiff.
    Adv. Adv Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM hearing to 09.09.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Priyank Shukhla for plaintiff present.
    Adv. Mahatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For N/m hearing  to 26.10.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2021
    
    Date: 26-10-2021
    Business: (Matter pertains to C.R. No.11)
    Adv. Bipin Tiwari for plaintiff present.
    Adv.Mr.Khandagle for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For  N/M Hrg. to 30.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2021
    
    Date: 30-11-2021
    Business: Adv. Mr. Pandey for Plaintiff present.
    Adv. Ms. Mhatre for Defendant/BMC present.
    Earlier order, if any, to continue till the next date.
    On oral request of advocate for the Plaintiff matter adj. to 13/01/2022 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2022
    
    Date: 13-01-2022
    Business: None present for plaintiff.
    Adv. Ms Mhatre for defendant/MCGM is present.
    In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 24.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2022
    
    Date: 24-02-2022
    Business: Adv. Mr. Pathak h/f Adv. Priyank Shukla for plaintiff is present and filed vakalatnama on behalf of plaintiff. He informed that the earlier advocate for the plaintiff is no more. TOR. It is marked at Exh. 05. O- Filed. He orally requested for time for NM hearing. Granted.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 05.04.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-04-2022
    
    Date: 05-04-2022
    Business: Adv. Mr. Priyank Shukla for plaintiff is present. He requested short time to serve copy of contempt NM to the concerned office and to verify documents, as he recently appeared in the matter. Granted.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing/service of contempt NM to 19.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-07-2022
    
    Date: 19-07-2022
    Business: Adv. Mr. Nilesh Pandey for the plaintiff is present and filed list of documents. TOR. It is marked at Exh.06. O- Filed.  Copy is supplied to the other side.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    The record shows that the main NM is pending for hearing since long. Therefore, the parties are called upon to file their writtens submissions on this NM positively on the next date.
    The plaintiff is also preferred contempt NM in the suit. He is called upon to argue on maintainability of contempt NM along-with suit.
    Earlier order, if any, to continue till the next date.
    Adjourned for written submissions on NM/ maintainability of contempt NM to 15.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Nilesh Pandey for the plaintiff is present.
    Adv. J.S. Mhatre for defendant/MCGM is present.
    KB LO at 04:00 pm.
    Advocate for the plaintiff is heard on maintainability of the contempt NM and it is closed for order on its tenabiliy. He also requested for time to file written submissions on main NM. Time is granted strictly as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for Order as regards maintainability of the contempt NM/ Written submissions on main NM/to 01.10.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 01-10-2022
    
    Date: 01-10-2022
    Business: None present for the plaintiff.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for Order on maintainability of contempt NM/written submissions on NM to 21.10.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-10-2022
    
    Date: 21-10-2022
    Business: Adv. Ashotosh Shukla a/w Adv. Priyank Shukla for the plaintiff is present and tendered draft Ch/s along-with affidavit. O-Leave is granted to register till the next date. The plaintiff is called upon to ensure its service on the other side.
    Adv. Khandagale for defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for Order of tenability of contempt NM/Ch/s reply/ written submissions on NM to 14.11.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-11-2022
    
    Date: 14-11-2022
    Business: Adv. Mr. Rajnish Upadhyay for the plaintiff is present and filed original registered Ch/s No. 1769/2022 along-with affidavit. TOR. Copy is supplied to the other side. He orally requested for time to file written submissions on NM. Granted as a last chance.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    The Court is busy in recording evidence in SU Nos. 2753/14, 735/15 and 1509/16 and hearing on urgent matters.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order on tenability of contempt NM/Ch/s reply/written submissions on NM to 03.12.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-12-2022
    
    Date: 03-12-2022
    Business: Adv. Mr. Ashotosh Shukla for the plaintiff is present and requested for time to file written submissions on NM. Time is granted.
    Adv. Mr. Khandagale h/f Adv. Mhatre for defendant/MCGM is present and sought time to file Ch/s reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for Order on maintainability of Contempt NM /written submissions on NM/Ch/s reply to 20.12.2022.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: None present for the plaintiff to file written submissions on NM. Hence, it is posted for dismissal Orders.
    Adv. Mrs. J.V. Mhatre for the defendant/MCGM is present.
    Earlier order, if any, to continue till the next date.
    Adjourned for Orders on maintainability of contempt NM/  NM dismissal/Ch/s. reply to 12.01.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    Order below exhibit No. 01:
    01.    Perused Contempt NM No. 749/2019. Heard the learned advocate for plaintiff on the maintainability of this NM along-with the suit.
    
    02.    Having considered his submissions, at the outset, it is notable that by filing this NM, the plaintiff contended that the concerned Officer i.e. the respondents in this NM, intentionally made false statement and tried to mislead this Court on the point of \''authority\'' of the defendant/MCGM to proceed against the suit property, as it is situated at private plot of land and is declared as \''Slum\'' area. Consequently, the plaintiff prayed for an inquiry U/sec. 340 of the Cr.P.C. and lodging of offences U/sec. 166, 167, 191, 192, 196, 199 and 200 of the IPC.
    03.    Taking into account the overall tenor of this NM, here it would not be out of place to mention that at no point of time, the learned predecessor of this Court ever opined as regards the alleged efforts on behalf of the said Officers to have made false statement before the Court or tried to mislead it. As such, he did not think it fit to initiate the inquiry as contemplated U/sec. 340 of the Cr.P.C.. On the contrary, in view of the roznama dtd. 19.12.2018, it seems that on that day, the then Dy. Collector Mr. Ajit Nairale was present before this Court and submitted that the defendant has jurisdiction to take the action against private property, which is declared as \''Slum\''. On his statement, the learned predecessor of this Court expressed in the roznama that the confusion of parties about the authority of the defendant came to an end and Mr. Nairare was discharged.
    04.    Now coming to the legal aspects, by this Contempt NM the plaintiff asked for an inquiry U/sec. 340 of the Cr.P.C., on the grounds which were never expressed by the then Presiding Officer of this Court and as of now, there is no material to consider the same. Simultaneously, the Offences defind U/sec. 166 and 167 of the IPC are independent offences and the Offences U/sec. 196, 199 and 200 of the IPC pre-require \''complaint\'' of the concerned Court for taking of \''cognizance\'' in view of section 195 of the Cr.P.C., which is missing from the present set of facts.
    05.    The record further goes to show that the main NM is pending since 2019. Time and again, the plaintiff was directed to proceed with the said NM, wherein he failed and as such, it is pending for dismissal order. Still, the fact remains that till today, the interim Order is continued in favour of the plaintiff. In this manner, the very progress of this matter is being hampered due to filing of this Contempt NM in the suit and absence of the plaintiff. In the result, the Contempt NM No. 749/2019 stands disposed of as \''not maintainable\'' along-with the suit, leaving the plaintiff at liberty to take appropriate steps, if he still wants to raise such aspects of the matter, in proper form of the proceeding as per law.
    The advocate for plaintiff requested for keeping back the matter.
    KB LO at 03:28 pm.
    Adv. Mr. M.R. Yadav for the plaintiff is present and filed the application for change of caption and keeping the matter for Ch/s hearing. TOR. It is marked at Exh. 07. O- Sufficient time is already granted. Time and again, the plaintiff has been directed to proceed with the matter and as he is failed, he was called upon to file his written submissions, but in vain. Today, the NM is pending for dismissal. Still, considering this application, the caption is changed and he is called upon to file written submissions on the NM, subject to costs of Rs.5,000/- (Rs. Five Thousand) to be deposited in favour of the DLSA, Mumbai, till the next date. In default, the NM would stand dismissed.
    KB LO at 04:00 pm.
    Advocate for the defendant orally requested for time to file Ch/s reply. Time is granted till the next date.
    Advocate for the plaintiff orally requested for reduction of costs. In view of his submissions, the costs is reduced at Rs. 1,500/- (Rs. One Thousand Five Hundred).
    Adjourned for costs/compliance/Ch/s reply/written submission on NM to 28.02.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 28-02-2023
    
    Date: 28-02-2023
    Business: Adv. Mr. Priyank Shukla present for plaintiff.
    Adv. Mrs. Chavan for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for Compliance to 13.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 13-04-2023
    
    Date: 13-04-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Mr. Ashotosh Shukla present for the plaintiff.
    Adv. Mrs. S.S. Chavan for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for compliance to 17.06.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present and informed that the Order of costs is complied with. He also filed written submissions on NM No. 1353/19. TOR. Copy is supplied to the other side.
    Adv. Ms. S. S. Chavan for defendant/MCGM is present and sought permission to argue NM orally. Granted.
    Heard both the sides on Ch/s. 1769/22.
    Earlier order, if any, to continue till next date.
    Adjourned for Ch/s. Order/NM hearing by defendant to 04.07.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
    Adv. Ms. S.S. Chavan for defendant/MCGM is present.
    LO 4.30 p.m.
    Adv. Mr. M. R. Yadav h/f Adv. Mr. Shukla for the plaintiff is present.
    F.R.S.R. Following Order is passed in Ch/s. No. 1769/2022.
    			-: O R D E R :-
    (i).    Chamber Summons No.1769/2022 is made absolute in
             terms of prayer clause (a) and (b) only. Consequently, the
             plaintiff is called upon to carry out the proposed amendment
             in the plaint, within two weeks from passing of this Order,
             and to file copy of amended plaint on the next date.
    (ii).  Chamber Summons No.1769/2022, accordingly, stands
             disposed of.
    Earlier order, if any, to continue till next date.
    Adjourned for compliance/NM hearing by defendant to 10.08.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-08-2023
    
    Date: 10-08-2023
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present and informed that amendment is carried. He also filed copy of amended plaint. TOR. It is marked as Exhibit 1A.O- Filed. Copy is supplied to the other side.
    Adv. Khandagale h/f Adv. S.S. Chavan for defendant/MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 05.10.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present and requested time to argue the NM. Time is granted.  Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 28.11.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-11-2023
    
    Date: 28-11-2023
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 25.01.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-01-2024
    
    Date: 25-01-2024
    Business: Adv. Mr. Priyank Shukla h/f Adv. Ashutosh Shukla for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM By defendant to 04.04.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-04-2024
    
    Date: 04-04-2024
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM by defendant to 25.06.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-06-2024
    
    Date: 25-06-2024
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present and sought time to argue on NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 02.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present.
    Adv. Mrs. S.R. Charatkar for defendant/MCGM is present and sought time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 01.10.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2024
    
    Date: 01-10-2024
    Business: Adv. Mr. Ashutosh Shukla a/w Adv. Mr. Priyank Shukla for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and sought time to argue NM. Granted. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 14.11.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-11-2024
    
    Date: 14-11-2024
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present and requested time to file written submissions on NM. Time is granted. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 07.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2025
    
    Date: 07-01-2025
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present. Mr. S.R. Yadav for defendant/BMC is present and sought time to file written submissions on NM. Granted. Earlier order, if any, to continue till next date.
    Adjourned for written submissions on NM/NM hearing to 20.02.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2025
    
    Date: 20-02-2025
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S. R. Yadav for defendant/BMC is present and submitted that NM reply be treated as written submissions on NM. Advocate for the plaintiff submitted that he will make argument only point on legal point. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by plaintiff to 15.03.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2025
    
    Date: 15-03-2025
    Business: Adv. Mr. Priyank Shukla for the plaintiff is present and filed application for production of documents. Taken on record. It is marked as Exhibit 8. O- Production allowed. Copy is supplied to the other side. He also tendered draft Ch/s. along-with affidavit. O- Leave is granted to register within 7 working days from today. In default, the draft Ch/s. would stand dismissed. Adv. Mr. S.R. Yadav for defendant/BMC is present and submitted that reply be treated as written submissions on NM. Earlier order, if any, to continue till next date.
    Adjourned for NM Order/tendering registered Ch/s./Ch/s. reply to 22.04.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-04-2025
    
    Date: 22-04-2025
    Business: Adv. Mr. Ashutosh Shukla for the plaintiff is present. Adv. Mrs. Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present and endorsed say on Ch/s. No. 730/2025.
    F.R.S.R. Following Order is passed in NM No. 1353/2019. ORDER  (i).  Notice of Motion No.1353/2019  is dismissed. (ii). Notice of Motion No. 1353/2019  is, accordingly, disposed of.
    The appearance is as above. Adv. Mr. Ashutosh Shukla a/w Adv. Mr. Priyank Shukla filed application for continuation of EOC. Taken on record. It is marked as Exhibit 9. O- Other side to say. Say filed. Heard.
    Order below Exhibit  9- It is stated that plaintiff intends to challenge Order dismissing NM for temporary injunction and some time is required to prefer appeal and requested for continuation of EOC. Advocate for defendant opposed application. Heard both the sides. As per Order dtd. 15.06.2018 Court has granted ad-interim protection and same was continue during the pendency of NM. Plaintiff intends to challenge Order dismissing NM. Hence, considering the fact Earlier order, if any, to continue  for 4 weeks from date of uploading of Order on CIS.
    Adjourned for Ch/s. hearing to 21.06.2025.
    Nature Of Disposal: DISMISSED
    Disposal Date: 22-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 103796/2019
    Filing Date: 28-03-2019
    First Hearing Date: 29th March 2019
    Decision Date: 22nd April 2025
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Apr 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010034892019) 1 Notice of Motion No. 1353/2019 in L.C. Suit No. 1409/2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1353 OF 2019. IN L.C. SUIT NO. 1409 OF 2018. Bipinkumar D. Jakhetiya…………………………… …. PLAINTIFF. V/s. MCGM. ....………………………………………........ …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE. (Court Room No.11). DATED : 22nd April, 2025. APPEARANCES : Mr. Ashutosh Shukla a/w Mr. Priyank Shukla, the Ld. Advocate for Plaintiff.…

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