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NOTICE OF MOTION

Sheela Ramdhyan ChauhanVsMCGM And Anr.

CNR MHCC01004604201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 01st July 2023

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101683/2019
Registration Date
25 Apr 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: 26-04-2019
    Business: The Case is adjd. To 02.05.2019  for NM reply/hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-05-2019
    
    Date: 02-05-2019
    Business: None for Plaintiff.
    Advocate Ms.Hajare h/f adv. Chavan for defendant/ MCGM present. On request of adv. Ms. Hajare, matter is adjourned.
    Earlier order to continue till next date.
    The Case is adjd. To 04.05.2019   for  NM hearing and compliance.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-05-2019
    
    Date: 04-05-2019
    Business: The Case is adjd. To 03.06.2019  for  Chamber Summons  for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-06-2019
    
    Date: 03-06-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Advocate Pratap Singh for defendant present.
    Advocate Ms.Chavan h/f adv. Hajare for defendant/MCGM present.
    KB
    LO at 4.45pm
    Same appearance.
    Adv. Pratap Singh submitted the list of documents. TOR and marked as Exh. 9.   Copy served on advocate for Plaintiff.
    Advocate Pratap Singh for defendant present and filed reply on Chamber Summons no. 898/19.
    Advocate Ms.Chavan for Deft. No. 1/ MCGM filed reply on Chamber Summons no. 898/19
    Heard on NM No. 1547/19.
    Earlier order to continue till next date.
    The case is adjourned to 10.06.2019 for Chamber Summons hearing and NM order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    None for defendant.
    Advocate Mr. Giri for defendant/MCGM present.
    KB
    LO at 5.35 pm
    Advocate P.F.Singh for defendant present.
    Earlier order to continue till next date.
    The case is adjourned to 12.06.2019  for Chamber Summons hearing and NM order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2019
    
    Date: 12-06-2019
    Business: Advocate V.T.Dubey for plaintiff present and filed list of documents. TOR. Marked as Exh. 10. He submitted that the documents are already served on defendant no.2.
    Advocate Pal for defendant no. 2 present and admits service of documents.
    Advocate Mr.Giri for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 14.06.2019   for NM Order and Ch.s hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Adv. Mr. V.T.Dubey Plaintiff present.
    Advocate Ms.Mhatre for defendant no.1 /MCGM present.
    Advocate Pratap Singh  for defendant no. 2 present.
    Heard adv. for Plaintiff and defendant no. 2
    Earlier order to continue till next date.
    The case is adjourned to 18.06.2019 for NM and Ch./s order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2019
    
    Date: 18-06-2019
    Business: Advocate V.T.Dubey for plaintiff present.
    Advocate Pal for defendant present.
    Advocate Ms. Mhatre for defendant /MCGM present.
    F.R.S.R. following order is passed in Chamber Summons No.898/19
                                            ORDER
    1. Chamber Summons No.898 of 2019 is made absolute in terms of prayer Clause (a).
    2. The Plaintiff shall carry out the amendment within two weeks from today and shall serve the copy of amended plaint on both the defendants.
    3. The plaintiff shall also supply a typed copy of amended plaint to this Court.
    4. Defendants are at liberty to file additional written statement/ replies.
    5. Costs in cause.
    The case is adjourned to 19.06.2019 for NM order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2019
    
    Date: 19-06-2019
    Business: Advocate N.K.Dubey  for plaintiff present.
    Advocate Pal for defendant  present.
    Advocate Mr. Giri for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 20.06.2019  for NM order.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
    Advocate P.F.Singh for defendant present.
    Advocate Ms.Mhatre for defendant /MCGM present.
    F.R.S.R. following order is passed in Notice of Motion 1547/19
                                   ORDER
    Notice of Motion 1547/19 is dismissed with costs.
    The case is adjourned to 29.07.2019 for Written Statement.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-07-2019
    
    Date: 29-07-2019
    Business: Court is on leave. Hence today board is discharged
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: Advocate N.K.Dubey for plaintiff present.
    Advocate Pal for defendant no.2 present.
    Advocate Mr. Giri for defendant /MCGM present.
    Leave is extended to register NM. Failure of plaintiff to get the motion registered by next date will result in its dismissal.
    The case is adjourned to 23.08.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: As Court is busy in hearing ad-interim matters and also  dictating orders in suit no. 2325/19, 2326/19 and in hearing NM in suit no. 2057/19, the case is adjourned.
    The case is adjourned to 18.09.2019 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2019
    
    Date: 18-09-2019
    Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present and filed original Notice of Motion No.3183/19       along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Pratap Singh for defendant no. 2 present and sought time to file reply. Time is granted.
    Advocate Giri for defendant/MCGM present.
    The case is adjourned to 19.10.2019  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: None for plaintiff.
    Advocate Ms.Mhatre for defendant no.1/MCGM present and sought time to file reply. Time is granted.
    Advocate Pal for defendant no. 2 present and sought time. Time is granted.
    The case is adjourned to 18.12.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-12-2019
    
    Date: 18-12-2019
    Business: Adv. Arun Dubey h/f V.T. Dubey for plaintiff, prayed for adj.
    Adv. Pal for defendant no. 2.
    Adv. Tondvalkar for defendant no. 1, submits that structure is already demolished.
    Matter is adjd. for  to 11.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Mr. V.T. Dubey for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM, prayed for adjd to file reply.
    Matter is adjd. for NM reply on 10.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2020
    
    Date: 10-06-2020
    Business: National lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-06-2020
    
    Date: 25-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-11-2020
    
    Date: 03-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: None present for plaintiff.
    Adv. Tondwalkar for deft./MCGM present.
    Matter is adjd. to 24/02/2021 for NM Reply/Hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-02-2021
    
    Date: 24-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-07-2021
    
    Date: 28-07-2021
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2021
    
    Date: 22-11-2021
    Business: Court is vacant.Matter is adj. to next date.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-01-2022
    
    Date: 10-01-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adjourned for NM reply to 07.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: Adv. Mr. V.T. Dueby for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Mr. Khandagale for defendant
    No.1 /MCGM is present.
    Adv. Mr. Pal for defendant No. 2 is present.
    KB LO 4.14 pm.
    Heard both the sides.
    The advocate for the plaintiff is called upon to verify and report whether contempt NM would proceed simultaneously with the suit.
    Adjourned for hearing on tenability of contempt motion/NM reply to 25.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-04-2022
    
    Date: 25-04-2022
    Business: PO is on training. adj to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-07-2022
    
    Date: 27-07-2022
    Business: P. O. is on Leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-09-2022
    
    Date: 19-09-2022
    Business: Adv. Mr. V. T. Dubey present for the plaintiff and orally requested  time for hearing on maintainability of contempt NM. Granted as a last chance.
    Adv. Mr. Khandagale for defendant No. 1/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
    Adv. Mr. Viraj Singh for defendant No. 2 and orally requested for time to file NM reply. Granted as a last chance.
    Adjourned for hearing on tenability of Contempt NM/NM reply to 23.11.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-11-2022
    
    Date: 23-11-2022
    Business: HHJ is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Adv. Ms. Prasad for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant No. 1/MCGM is present and requested for time to file NM reply. Time is granted.
    None present for defendant No. 2.
    Adjourned for hearing on tenability of contempt NM/NM reply and WS to 27.03.2023.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-03-2023
    
    Date: 27-03-2023
    Business: Adv. Mr. V.T. Dubey for the plaintiff is present and requested time to argue on contempt NM. Time is granted lastly.
    Adv. Mr. G.O. Giri for defendant No. 1/MCGM is present.
    None present for defendant No. 2.
    Adjourned for hearing on maintainability of Contempt NM hearing/NM reply and WS to 26.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2023
    
    Date: 26-04-2023
    Business: Adv. Ms. Vijayarani h/f Adv. V. T. Dubey for plaintiff is present and requested for time to argue on contempt NM. Time is granted.
    Adv. Mr. G.O. Giri for defendant No. 1/MCGM is present.
    Adv.  Viraj Singh for defendant No.2 is present.
    Adjourned for hearing on Contempt NM to 01.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2023
    
    Date: 01-07-2023
    Business: None present for the plaintiff.
    Adv. Mr. G.O. Giri for defendant No.1/MCGM is present and orally requested for time to NM reply/WS. Time is granted.
    None present for Defendant No.2.
    Order below Exhibit 1
    01.     Even today, the plaintiff is absent for hearing on Contempt NM No. 1683/2019. On perusal of this NM, it seems that it is filed as per Order XXXIX Rule 2-A of the C.P.C. for punishing defendant No.2 with civil imprisonment for term of 06 months, as he willfully committed breach of the Court Order of dtd. 10.04.2019. It is, thus, clear that in view of suit reliefs, this Contempt NM can not be tried together in view of the ratio laid in Rampyaribai Sukhdeo Daga V. Niladevo Narayandas Jakhotiya, 2007 (4) Mh.L.J.213. In the result, without recording any finding on the merits, the Contempt NM No. 1683/2019 is disposed of as \''not triable\'', along-with the suit. The plaintiff is placed at liberty to file separate Miscellaneous Judicial Case about the alleged Contempt, if she so desires.
    Adjourned for NM reply/WS to 08.09.2023.
    Nature Of Disposal: OTHER
    Disposal Date: 01-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 105070/2019
    Filing Date: 25-04-2019
    First Hearing Date: 26th April 2019
    Decision Date: 01st July 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    01 Jul 2023

    Order Details: Other Pdf Text: 01.07.2023 Sr. No. 33 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 1045/19 NM 3183/19 NM 1683/19 NM 258/19 None present for the plaintiff. Adv. Mr. G.O. Giri for defendant No.1/MCGM is present and orally requested for time to NM reply/WS. Time is granted. None present for Defendant No.2. Order below Exhibit 1: 01. Even today, the plaintiff is absent for hearing on Contempt NM No. 1683/2019. On perusal of this NM, it seems that…

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