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NOTICE OF MOTION

Husain Ahmed Tawakkal Husain Khan and Ors ( Suit St. No. 4287 OFVsMCGM

CNR MHCC01004476202111-COURT 11 ADDL SESSIONS JUDGE
Fort, City Civil Court
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 11th January 2023

TrustJury record updated 02 Oct 2026

Case Overview

Registration Number
101384/2021
Registration Date
23 Jun 2021

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-07-2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: CORAM : H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. V. T. Dubey for plaintiff.
    Adv. Adv Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. for hearing to 15.09.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-09-2021
    
    Date: 15-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. V.T. Dubey for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For Ad-interim hearing to 13.10.2021.
    Next Purpose: HEARING
    Next Hearing Date: 13-10-2021
    
    Date: 13-10-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI
    (Matter pertains to C.R. No.11)
    Adv. N. K. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd.  NM for ad-interim  to 15.11.2021.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: CORAM - H.H.J. SHRI. S. D. KULKARNI ( CR. NO. 08)
    Matter pertains to CR.No.11
    Adv. N.K. Dubey h/f Adv. V.T. Dubey present and request for time to argue on ad-interim reliefs. Time is granted till next date.
    Adv. Khandagale for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd to 29.11.2021  for ad-interim hearing.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 29-11-2021
    
    Date: 29-11-2021
    Business: Adv. Mr. V. T. Dubey for Plaintiff present.
    	Adv. Mr. Khandagale for Defendant/BMC present and filed reply to NM.
    	Earlier order to continue till next date.
    	Matter adj. to 01/12/2021 for Hearing.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 01-12-2021
    
    Date: 01-12-2021
    Business: Adv. Mr. V. T. Dubey for Plaintiff present and filed draft Ch/s. with Affidavit in support and seeking leave to register the same.  Leave granted.
    	Adv. Mr. Khandagale for Defendant/BMC present and filed reply on draft Ch/s. Itself, admitting passing of order dated 06/08/2021 and with a submission for orders.  Accordingly, hence the proposed amendment is not disputed, it is allowed.  The Plaintiff is called upon to carry the proposed amendment in the Plaint.  Draft Chamber Summons is accordingly disposed off.  It be registered for statistical purpose.
    	Earlier order, if any, to continue till the next date.
    	Matter adj. to 18/12/2021 for Ad-interim NM Hearing and Amendment.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv. Mr. V.T. Dubey for plaintiff is present.
    Adv. Mr. Khandagale h/f Adv. Ms. Mhatre for Defendant/MCGM is present.
    KB LO at 3.19 pm.
    Adv. for the plaintiff filed reply rejoinder.
    Adv. for the plaintiff orally requested for time to serve copy of the amended plaint on the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for ad-interim NM hearing to 12/01/2022.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 12-01-2022
    
    Date: 12-01-2022
    Business: Adv. Mr. V.T. Dueby for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Mr. Ashok Jadhav, JE, B&F is present.
    Advocate for the plaintiff supplied copy of amended plaint to advocate for defendant.
    The record shows that till date the register NM is not tendered on the record.
    The Adv. for plaintiff orally requested time for file register NM. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for register NM/ad-interim hearing to 21.01.2022.
    Next Purpose: N/M FOR AD-INTERIM
    Next Hearing Date: 21-01-2022
    
    Date: 21-01-2022
    Business: Adv. Ms. Vijaya Rani for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for plaintiff orally requested time for tendered register motion. Granted.
    By consent of parties, the matter is posted for final hearing on NM.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 18.02.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2022
    
    Date: 18-02-2022
    Business: Adv. Vijayarani Prasad for the plaintiff is present and tendered registered NM 1384/2021 along-with affidavit. TOR.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    KB
    Later on at 3.45 pm.
    Adv. Vijarani Prasad for plaintiff is present and orally requested for time to file NM hearing. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 11.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-03-2022
    
    Date: 11-03-2022
    Business: Adv. Mr. V.T. Dueby for plaintiff is present. Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file additional reply of the amendment. Granted. Earlier order, if any, to continue till the next date. Adjourned for additional reply to 20.06.2022.
    Next Purpose: REPLY
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and submitted that the matter may be posted for NM hearing, as detailed reply is already filed.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 30.07.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested time for NM hearing. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 28.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-09-2022
    
    Date: 28-09-2022
    Business: Adv. V. T. Dubey for the plaintiff is present.
    Adv. Khandagale for defendant/MCGM is present.
    The Court is busy in passing Order in Ch/s No. 750/2017 and NM No. 4325/2015 and hearing on NM Nos. 828/2015 and 3001/18.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 30.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-11-2022
    
    Date: 30-11-2022
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested time for NM hearing. Time is granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for ad-interim hearing to 19.12.2022.
    Next Purpose: HEARING
    Next Hearing Date: 19-12-2022
    
    Date: 19-12-2022
    Business: Adv. Vijayarani for the plaintiff is present.
    Adv. Mrs. Mhatre h/f Mr. Khandagale for defendant /MCGM is present.
    K.B. Later on 4.30.
    Adv. Mr. V. T. Dubey for plaintiff is present.
    Heard the both sides on NM.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM Order to 11.01.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-01-2023
    
    Date: 11-01-2023
    Business: Adv. Ms. Prasad h/f Adv. Dubey for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    F.R.S.R. the following Order is passed on NM 1384/2021 :
    -: O R D E R :-
    (i).     Notice of Motion No. 1384/2021 stands dismissed.
    (ii).    Notice of Motion No. 1384/2021 is, accordingly, disposed
              of.
    At this stage, the advocate for the plaintiff requested for extension of interim protection, as the plaintiff wanted to assail this Order. Heard. Till date, the interim protection was existing in favour of the plaintiff. Now, as he wants to assail this Order, the said protection is extended for the period of two weeks.
    Authenticated copy of this roznama be given to both the parties.
    Adjourned for WS to 06.03.2023.
    Nature Of Disposal: DISMISSED
    Disposal Date: 11-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 104720/2021
    Filing Date: 23-06-2021
    First Hearing Date: 12th July 2021
    Decision Date: 11th January 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Jan 2023

    Order Details: Notice of Motion Pdf Text: CNR NO. :MHCC01-004476-2021. Notice of Motion No. 1384/2021 in L.C. Suit No. 1168/2021. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 1384 OF 2021. IN L.C. SUIT NO. 1168 OF 2021. Husain Ahmed Tawakkal Husain Khan +1. ….. ….. PLAINTIFFS. V/s. MCGM. …...……..........................................….. ….. DEFENDANT. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 11th January, 2023. APPEARANCES : Mr. Virendra T. Dubey, Ld. Advocate for the Plaintiffs.…

    Read Full Order

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