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NOTICE OF MOTION

Sunil Girju NaiknavreVsMCGM

CNR MHCC0100357220195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 10th August 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
101387/2019
Registration Date
29 Mar 2019

Advocates

2

For Petitioner

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 21-06-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2019

Date: 07-08-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-10-2019

Date: 07-10-2019
Business: Plaintiff present.
Advocate for plaintiff present.
Advocate Mr. Sutar for deft./MMC present.
Adjourned for NM hearing to 20/11/2019.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-01-2020

Date: 22-01-2020
Business: None for plaintiff.
Advocate Vyavahare for defendant/BMC present.
Adjourned for  N/M Hearing to 03/04/2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
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: 15-06-2020

Date: 15-06-2020
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-07-2020

Date: 31-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-09-2020

Date: 25-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-12-2020

Date: 02-12-2020
Business: Advocate for plaintiff absent.
Advocate Vyavahare for defendant/BMC present.
Adjourned for N/M Hearing to 24/02/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2021

Date: 24-02-2021
Business: Advocate for plaintiff present.
Advocate for deft/BMC present.
Court busy in hearing argument in Suit no. 182/2020 and Suit No. 1634/2008.
Adjourned for N/M Hearing to 23/04/2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Business: Due to covid-19 pandemic, matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-06-2021

Date: 18-06-2021
Business: In view of office circular only urgent matters are taken for hearing and remaining board is discharged. Matter adjourned for
Next Purpose: NM FOR HEARING
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 FOR HEARING
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 FOR HEARING
Next Hearing Date: 25-08-2021

Date: 25-08-2021
Business: As court is busy in dictating order on NM no. 3690/18 in suit no.2209/18 hence remaining board is discharged. Hence, matter is adjourned to 29-10-2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-10-2021

Date: 29-10-2021
Business: None present for plaintiff
Adv. Kumuda Soraan @ Adv. Amol Diwate present  for MCGM/defendant.
As court is busy in hearing arguments in urgent matters and dictating order on ad-interim relief in suit st. no. 2031/2021 hence remaining board is discharged and Matter adjourned for to. 24/11/21.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2021

Date: 24-11-2021
Business: Adv. Mangesh Chavan  present for plaintiff
None present for MCGM/defendant.
Matter adjourned for Nm hearing on 06-01-2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: Adv. Mangesh Chavhan present for plaintiff and sought adjournment.
Adv. Sutar present for MCGM/defendant.
Matter adjourned for nm hearing to 24/02/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-02-2022

Date: 24-02-2022
Business: None present for plaintiff.
Adv. Vidya present for MCGM/defendant.
As plaintiff and his adv. absent, Matter adjourned for nm hrg./order to 16/04/22.
Next Purpose: NM  ORDERS
Next Hearing Date: 16-04-2022

Date: 16-04-2022
Business: H.H.J gone to training programe at Uttan hence, board discharged matter adjd to.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-06-2022

Date: 24-06-2022
Business: The court is busy in judgment dictating in Suit No.922/2010 and hearing in urgent matter i.e. Suit No. 564/2017 hence, for want of time following board discharged.
Next Purpose: NM  ORDERS
Next Hearing Date: 13-07-2022

Date: 13-07-2022
Business: As court is busy.
Next Purpose: NM  ORDERS
Next Hearing Date: 24-08-2022

Date: 24-08-2022
Business: Court is busy in hearing in urgent matters i.e. Suit No. 3558/2013 and Suit No. 3560/2013 and Judgment dictating in SC No. 297/2019 and Order dictating in Suit No. 5057/12,5058/12,5058/12,1193/19 St. No. 9271/22 and St No. 9271/22. Hence want of time board is discharged.
Next Purpose: NM  ORDERS
Next Hearing Date: 03-10-2022

Date: 03-10-2022
Business: As court is busy in NM order in Suit no. 30/18. Hence, matter is adjourned to
Next Purpose: NM  ORDERS
Next Hearing Date: 16-11-2022

Date: 16-11-2022
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM  ORDERS
Next Hearing Date: 19-12-2022

Date: 19-12-2022
Business: As Court is busy in dictating judgment in group matters i.e. Suit No. 200 of 2011, Suit No. 201 of 2011, Suit No. 202 of 2011, Suit No. 203 of 2011, Suit No. 204 of 2011, Suit No. 205 of 2011, Suit No. 206 of 2011, Suit No. 207 of 2011, Suit No. 208 of 2011, Suit No. 209 of 2011, Suit No. 210 of 2011, Suit No. 211 of 2011, Suit No. 212 of 2011, Suit No.  213 of 2011. Hence want of time board is discharged.
Adv. Chavan for Plaintiff present.
Earlier order if any to continue till the next date.
Matter is adjd for NM on 20-01-2023
Next Purpose: NM  ORDERS
Next Hearing Date: 20-01-2023

Date: 20-01-2023
Business: As court is busy in recording evidence in Suit No. 1394 of 2018, Suit No. 1504 of 2012 and S C. No.340 of 2020. Hence want of time board is discharged.
Matter is adjd for NM hearing on 01-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-02-2023

Date: 01-02-2023
Business: Plaintiff is present and his adv is absent.
Adv Smt. Kumud Soraan for defendant/MCGM present.
Plaintiff is present but NM is not argued. Hence, it be posted for dismissal on next date.
Matter is adjd for dismissal on 10-02-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023

Date: 10-02-2023
Business: Adv Mangesh Chavan for Plaintiff present and filed application for removing the dismissal caption. TOR. Exh.. O- Other side to say.
None for BMC.
Matter is adjd for dismissal on 10-03-2023
Next Purpose: DISMISSAL
Next Hearing Date: 10-03-2023

Date: 10-03-2023
Business: As presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: DISMISSAL
Next Hearing Date: 28-04-2023

Date: 28-04-2023
Business: None for Plaintiff present.
Adv Pradeep M. Patil for defendant /MCGM present.
Today court is busy in final hearing of Suit No. 834 of 2013, Suit No. 2610 of 2009 and  SC No. 1405 of 2019.
Matter is adjd for dismissal on 10-07-2023
Next Purpose: DISMISSAL
Next Hearing Date: 10-07-2023

Date: 10-07-2023
Business: Adv. Mangesh for Plaintiff present.
Adv. Pradip Patil h/f Adv. Vyavahare for MCGM present.
On oral request of Ld. Adv. For defendant matter is adjourned.
Matter is adjd  to 10.08.2023 for dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 10-08-2023

Date: 10-08-2023
Business: Adv. Mangesh Chavan for Plaintiff present.
Adv. Ms. Vyavahare for MCGM present.
Order on NM No. 1387/19
This NM is taken out by the defendant no. 1 for permission to file affidavit cum written statement. The Ld. Adv. For D-1 submitted that being corporate body the defendant is having vast organization and in view of shortage of staff and daily workload, reply cum written statement remained to be filed on record. On the other hand, ld. Adv. for the plaintiff submitted that no any reply is filed to the NM by way of resistance. While opposing the NM, Ld.A dv. For plaintiff has not putforth any specific reason as to why the D-1 should not be permitted to tender its reply cum written statement at belated stage nor any insistance is made at any earlier point of time by the plaintiff so as to proceed without reply/w.s. against this defendant. Hence, in the interest of justice, to decide the suit on merit, it is necessary to grant opportunity to the defendant no. 1 to file reply cum written statement on record. Thus, following order is passed-
ORDER
1. Notice of Motion No. 1387/19 is allowed in terms of prayer clause (a) and (b).
2.  Reply cum written statement of the defendant be taken on record.
Reply cum written statement of the D-1.  TOR and marked at Exh.7.
She has also filed list of documents.  TOR and marked at Exh. 8
Heard arguments of both sides on NM No. 3991/15.
Matter is adjd  to  01.09.2023  for orders on NM No. 3991/15.
Nature Of Disposal: ALLOWED
Disposal Date: 10-08-2023

Additional Case Details

Additional Case Details
Filing Number: 103873/2019
Filing Date: 29-03-2019
First Hearing Date: 21st June 2019
Decision Date: 10th August 2023
Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

Orders

1
Final Order 1Full order available
10 Aug 2023

Order Details: Other Pdf Text: 10.08.2023 CORAM: SHRI R. M. MISHRA, ADDL. SESSIONS JUDGE C.R.NO.5 SU.4538/12 Exh.7 Exh.8 Adv. Mangesh Chavan for Plaintiff present. Adv. Ms. Vyavahare for MCGM present. Order on NM No. 1387/19 This NM is taken out by the defendant no. 1 for permission to file affidavit cum written statement. The Ld. Adv. For D-1 submitted that being corporate body the defendant is having vast organization and in view of shortage of staff and daily workload, reply…

Read Full Order

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