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MISC APPEAL

Smt. Shirinbanu Siraj ShaikhVsThe Municipal Corporation Of Greater

CNR MHCC01004904201819-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 19th August 2022

TrustJury record updated 11 Sept 2026

Case Overview

Registration Number
100146/2018
Registration Date
18 Apr 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Terrorist and Disruptive and Activities (Prevention) Act · Sec 105B

    Case History / Proceedings

    Case History
    Date: 19-04-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. A.V. Divate for respondent present.
    Exh.2Stay application.
    Ld. Counsel for respondent objects for grant of stay.
    Respondent seeks time to file R and P. In the meanwhile the execution of impugned is stayed.
    Adjd. to 05/05/2018 for R and P.
    Next Purpose: AWAITING R AND P
    Next Hearing Date: 05-05-2018
    
    Date: 05-05-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. A.V. Divate for respondent present.
    Respondent files R and P. Copy supplied to other sides.
    Adjd. to 11/07/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 11-07-2018
    
    Date: 11-07-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Atif Shaikh with Adv. A.V. Divate for respondent present.
    By consent adjd. to 01/09/2018 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 01-09-2018
    
    Date: 01-09-2018
    Business: Adv. B.S.Baraskar for appellant present.
    Adv. A.V. Divate for respondent present.
    By way of last opportunity, adjd. to 06/10/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 06-10-2018
    
    Date: 06-10-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Atif Shaikh with Adv. Divate for respondent present.
    Adjd. to 20/10/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 20-10-2018
    
    Date: 20-10-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Vikrant Parashurami with Adv. Atif
    Noorhasan Shaikh and Adv. A.V. Divate for
    respondent present.
    Adjd. to 26/11/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 26-11-2018
    
    Date: 26-11-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Mrs. Murgude with Adv. Parshmane with Adv. Atif Shaikh with Adv. A.V. Diwate for respondent present.
    Adjd. to 15/12/2018 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. Atif Shaikh with Adv. Vikrant Parshurame
    with Adv. A.V. Diwate for respondent present.
    Since the connected matters, are kept on 02/02/2019, adjd. to 02/02/2019 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 02-02-2019
    
    Date: 02-02-2019
    Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
    Adv. B.S. Baraskar for appellant present.
    Adv. Parshurami and Adv. Atif Shaikh with Adv. A.V. Diwate for respondent present.
    Adjd. to 21/02/2019 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
    Adv. Madhuri Kadam for appellant present.
    Adv. Divate for respondent present.
    As the Court is vacant, adjd. to 11/04/2019 for hearing.
    Earlier order to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 11-04-2019
    
    Date: 11-04-2019
    Business: Adv. Parshuram a/w A.V. Diwate for respondent present.
    On request of Adv. for  appellant Matter is adjd. to.22.04.2019  for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 22-04-2019
    
    Date: 22-04-2019
    Business: Adv. B.S. Baraskar for appellant present.
    Adv. A.V. Diwate for respondent present.
    By consent matter is adjd. to. 12.07.2019 for hearing
    E.O. to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 12-07-2019
    
    Date: 12-07-2019
    Business: Court is on leave
    Next Purpose: HEARING
    Next Hearing Date: 04-10-2019
    
    Date: 04-10-2019
    Next Purpose: HEARING
    Next Hearing Date: 13-12-2019
    
    Date: 13-12-2019
    Business: Adv. Mr. Baraskar for Appellant present.
    Adv. Mr. A. V. Diwate @ Adv. Parshurame @ Adv. Atif Shaikh for Respondent present.
    Earlier order, if any, to continue till the next date.
    Matter adj. to 18/02/2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. B. S. Baraskar for appellant is present.
    Adv. Parshurami a/w Adv. Alif Shaik, Adv. Anita Murgude and Adv. A. V. Diwate for respondent/BMC present.
    As the court is busy in dictating Judgment in Misc Appeal No.4/19, 5/19 and 45/19, hence adjourned to 26.03.2020 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: HEARING
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Business: National Lock Down
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: HEARING
    Next Hearing Date: 17-07-2020
    
    Date: 17-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 19-08-2020
    
    Date: 19-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Due to Covid-19, both parties are absent, hence adjourned to 13.10.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 13-10-2020
    
    Date: 13-10-2020
    Business: Both sides absent.
    Due to COVID-19, adjourned to 05.11.2020 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: None present for appellant.
    Adv. A. V. Diwate for respondent/BMC is present.
    Adjourned to 10.12.2020 for Hearing.
    Next Purpose: HEARING
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv. B. S. Baraskar for appellant is present.
    Ld. Counsel Mr.Dharmesh Vyas a/w Adv. Vikram Parshurami, Adv. Anita Murgude, Adv. Atif Shaikh and Adv. A. V. Diwate for respondent/BMC present.
    At the request of Ld. counsel for appellant, by way of last opportunity, matter adjourned to 14.01.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 14-01-2021
    
    Date: 14-01-2021
    Business: Adv. Bhalchandra S. Baraskar for appellants is present.
    Adv. Dharmesh Vyas a/w Adv. Atif Shaikh, Adv. Anita Murgude, Adv. Parashurame and Adv. A. V. Diwate for respondent/BMC present.
    Adjourned to 11.02.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 11-02-2021
    
    Date: 11-02-2021
    Business: CORAM HIS HONOUR I/C PRINCIPAL JUDGE,
    SHRI. A. T. WANKHEDE (C.R. No.57)
    (Matter pertains to C.R. No.19)
    Adv. B. S. Baraskar for appellant present.
    Adv. A. V. Divate with Adv. Dharmesh Vyas and Anita Murgude for Respondent/BMC present.
    Adjd. to 15.03.2021 for hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Adv. B. S. Baraskar a/w Adv. Ashish Baraskar for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate, Adv. Atif Shaikh and Adv. Vikrant Parshurami for respondent present.
    Since connected are posted on 24.03.2021, matter adjourned to 24.03.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 24-03-2021
    
    Date: 24-03-2021
    Business: Ld. counsel Mr. B. S. Baraskar a/w Adv. Ashish Baraskar for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. A. V. Diwate, Adv. Vikrant Parshurami and Adv. Atif Shaikh for respondent/BMC present.
    Ld. counsel for appellant files common written submissions in Misc Appeal No.145/18 to 150/18 and 153/18 to 154/18. It is kept in Misc Appeal No.145/18.
    Appellant also files copy of Judgment passed in Writ Petition No.957 of 2013. It is kept in Misc Appeal No.145/18.
    Adjourned to 20.04.2021 for final arguments of Ld. counsel for respondent.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: COURT IS ON LEAVE TODAY.
    Adv. Jitendra Vyas h/f Adv. B. S. Baraskar for appellant is present.
    None present for respondents.
    Adjourned to 07.06.2021 for final arguments of respondents.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: None present for appellant.
    None present for respondent.
    Due to Covid-19, adjourned to 26.06.2021 for final arguments of respondents.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 26-06-2021
    
    Date: 26-06-2021
    Business: None present for appellant.
    None present for respondent.
    Adjourned to 19.07.2021 for Hearing.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 19-07-2021
    
    Date: 19-07-2021
    Business: None present for the appellant.
    Adv. Ms. Ruhi Hazare a/w Adv. Mr. Dharmesh Vyas for the respondent present.
    Earlier order if any, to continue till next date.
    Due to COVID -19, adjourned to 02.08.2021 for further arguments.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv. Mr. B. S. Baraskar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ms. R. M. Hajare for respondent/BMC present.
    Since connected matters are kept on 13.08.2021, adjourned to 13.08.2021 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Adv. B. S. Baraskar for appellant is present.
    Adv. Ruhi Hajare for respondent/BMC is present.
    Since group of connected matter is adjourned and the present matter is to be heard with the said group.
    Adjourned to 22.09.2021 for Further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 22-09-2021
    
    Date: 22-09-2021
    Business: Adv. B. S. Baraskar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present.
    Since connected group matters are adjourned to 06.10.2021, this matter is adjourned to 06.10.2021 for Arguments P/H.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 06-10-2021
    
    Date: 06-10-2021
    Business: Adv. B. S. Baraskar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present.
    Since connected matter is adjourned to 29.10.2021, this matter is also adjourned to 29.10.2021 for Arguments P/H.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 29-10-2021
    
    Date: 29-10-2021
    Business: Adv. Madhuri Kadam h/f Adv. B. S. Baraskar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
    Since connected group of matter is adjourned, present appeal is also adjourned to 26.11.2021 for Further Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 26-11-2021
    
    Date: 26-11-2021
    Business: Adv. Madhuri Kadam h/f Adv. B. S. Baraskar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
    Adv. Atif Shaikh for respondent/MCGM in MA No.145/18 is present.
    By consent, adjourned to 05.01.2022 for Arguments P/H.
    Earlier order, if any, to continue till next date.
    Next Purpose: ARGUMENT P.H.
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Madhuri Kadam h/f Adv. B. S. Baraskar for appellant is present.
    Adv. K. Dedhia h/f Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Since group of connected matters are adjourned, this group is also adjourned to 27.01.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 27-01-2022
    
    Date: 27-01-2022
    Business: None present for appellant.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Mr. Narayan Vishnu Matkar, Senior Estate Inspector, ME-Ward for respondent/BMC is present.
    Adjourned on 02.03.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Madhuri Kadam h/f Adv. B. S. Baraskar for appellant is present.
    Adv. Krisha Dedhia h/f Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
    As court is busy in hearing final arguments in Misc. Appeal No.4/19 and 7/19, hence matter is adjourned to 28.03.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 28-03-2022
    
    Date: 28-03-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Madhuri Kadam h/f Adv. B. S. Baraskar for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Adjourned on 19.04.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
    Adv. Madhuri Kadam h/f Adv. B. S. Baraskar for appellant is present.
    Adv. Ruhi Hajare for respondent/BMC is present.
    Adjourned on 17.06.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Ashish Baraskar h/f Adv. B. S. Baraskar for appellant is present.
    Adv. Ruhi Hajare for respondent/BMC is present.
    Adjourned on 12.07.2022 for Hearing.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Advocate for appellant is present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
    Adjourned on 26.07.2022 for Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Madhuri Kadam h/f Adv. Ashish Baraskar for appellant present.
    Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Ruhi Hajare for respondent/BMC present.
    Adjourned on 03.08.2022 for Arguments.
    Earlier order, if any, to continue till next date.
    Next Purpose: HEARING
    Next Hearing Date: 03-08-2022
    
    Date: 03-08-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Ashish Baraskar for appellants present.
    Adv. Vidya Vyavahare for respondent/BMC present.
    Heard final arguments of Adv. Baraskar for appellants.
    Adv. Vyavahare adopted arguments of Ld. counsel Mr. Vyas made in connected Misc Appeal No.2/19.
    Adjourned on 19.08.2022 for Judgment.
    Earlier order, if any, to continue till next date.
    Next Purpose: JUDGMENT
    Next Hearing Date: 19-08-2022
    
    Date: 19-08-2022
    Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
    SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
    Adv. Aavez Shaikh i/b Adv. Ashish Baraskar for appellant present.
    Ld. counsel Mr. Dharmesh Vyas for respondent/MCGM is present.
    Judgment is dictated and pronounced in open court.
    Exh.3 - Judgment.
    F.R.S.R. Following order is passed.
    ORDER
    Misc. Appeal No.146 of 2018 stands dismissed.
       R and P be returned back to the respondent/MCGM.
     The counsel for appellant requested to continue the stay for further six weeks. The stay is granted for further six weeks.
    Nature Of Disposal: DISMISSED
    Disposal Date: 19-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 105349/2018
    Filing Date: 16-04-2018
    First Hearing Date: 19th April 2018
    Decision Date: 19th August 2022
    Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

    Orders

    2
    Final Order 1Full order available
    19 Aug 2022

    Order Details: Copy of Judgment Pdf Text: MHCC010049042018 Received on : 16.04.2018 Registered on : 18.04.2018 Decided on : 19.08.2018 Duration : Y04:M04:D03: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.146 OF 2018 (CNR NO.:MHCC010049042018) Smt.Shirinbanu Siraj Shaikh, a Retired Municipal Employee, R/at : Room No.8, Bk.No.D/5, Vikroli Parksite, Municipal Colony, 664 Tenaments Vikhroli(West), Mumbai. ... Appellant Versus The Municipal Corporation of Gr.Mumbai, a body Corporate constituted under the Mumbai Municipal Corporation Act and…

    Read Full Order
    Order 1Full order available
    19 Aug 2022

    Order Details: Copy of Judgment Pdf Text: MHCC010049042018 Received on : 16.04.2018 Registered on : 18.04.2018 Decided on : 19.08.2018 Duration : Y04:M04:D03: IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC. APPEAL NO.146 OF 2018 (CNR NO.:MHCC010049042018) Smt.Shirinbanu Siraj Shaikh, a Retired Municipal Employee, R/at : Room No.8, Bk.No.D/5, Vikroli Parksite, Municipal Colony, 664 Tenaments Vikhroli(West), Mumbai. ... Appellant Versus The Municipal Corporation of Gr.Mumbai, a body Corporate constituted under the Mumbai Municipal Corporation Act and…

    Read Full Order

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