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NOTICE OF MOTION

Nitin Lakhbahi ParmarVsMCGM

CNR MHCC0100548020198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--WITHDRAWL
Decision Date: 21st December 2021

TrustJury record updated 20 Sept 2026

Case Overview

Registration Number
101977/2019
Registration Date
06 Jun 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: 06-06-2019
    Business: Adv. Parshurami with Adv. Khandagle for MCGM present.
    Adv. V. B. Mishra for plaintiff present and filed rejoinder.  He also tendered registered NM No. 1977/19 with affidavit.
    Copy served to other side.
    On oral request of ld adv for def. MCGM, adjournment granted as a last chance.
    Adjd to 10.06.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Plaintiff no. 2 is present.  His advocate is absent.
    Adv. Ms. Patil for MCGM Def. Present.
    KB.
    L.O. at 3.00 p.m. Adv. V. B. Mishra for plaintiff present.  On oral request of ld adv for plff, adjournment granted.
    Adjd to 20.06.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2019
    
    Date: 20-06-2019
    Business: Adv. V. B. Mishra for plaintiff present.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of ld adv for plff, adjournment granted.
    Adjd to 04.07.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Plaintiff present, his advocate is absent.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of plaintiff, adjournment granted.
    Adjd to 20.08.2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-11-2019
    
    Date: 08-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-11-2019
    
    Date: 11-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-11-2019
    
    Date: 15-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: ORDER
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: None for plaintiff no.1 present.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    Order on below Exh.5
    By instant application the plff has prayed to pass order directing the concerned officer of deft/MCGM to issue allotment and possession of alternate premises as per letter dtd. 30.03.2019.  Learned adv for plff has submitted that the officer of deft/MCGM is demanding withdrawal of the suit before making such allotment and plff is undertaking to withdraw the suit forthwith on receipt of allotment letter from deft/MCGM as per their letter dtd. 30.03.2019.  The deft/MCGM as given reply stating that the  plff will be alloted a commercial P.A.P. after following due procedure as per availability.  From the above averrments by either parties, it can be seen that deft/MCGM has not disputed that the plff is entitled for P.A.P.  But the deft/MCGM wants the plff the withdraw the instant suit before allotment.  In this regard it is stated that this court has not granted any injunction restraining deft/MCGM from issuing allotment letter of P.A.P. to the plff till date. In other words the apprehension by deft/MCGM about such injunction against it is without any basis.  With above clarification the deft/MCGM to decide issue of the plff in respect of the suit premises after following due procedure at the earliest.
    Adjd to 13.02.2020 for NM hearing.
    LO
    Adv. Mr. Vijay Mishra for plff no.1 present.
    Adv. Ms. Patil for MCGM/Defendant present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2020
    
    Date: 13-02-2020
    Business: Adv.V.P.Mishra for plaintiff present.
    Adv.Parshurame a/w Adv.Ms. Patil for MCGM/Defendant present.
    It is submitted by the Learned advocate for Defendant that the handingover of alternative accommodation of PAPs is in progress. It is undertaken by plaintiff as soon as the process completed plaintiff will withdrawal suit .
     Matter adjd to  09.04.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-04-2020
    
    Date: 09-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Business: In view of declaration of Novel Corona Virus (COVID-19) as global pandemic by WHO and Office Order No.77 of 2020 matter adjourned.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: Adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2020
    
    Date: 10-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2021
    
    Date: 04-02-2021
    Business: Adv. R. B. Mishra h/f Adv. V. B. Mishra for plaintiff present.
    Adv. Ms. Smita Chavan for deft/MCGM present.
    On oral request of advocate for plaintiff, adjournment granted till next date.
    Matter adjd to 30/03/2021 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-06-2021
    
    Date: 24-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Adv. Mr. R. D. Mishra h/f Adv. V. B. Mishra for the plaintiff present and requests for time to argue on NM.
    O-Time is granted till next date.
    Adv. Tondwalkar h/f Adv. Rawade for BMC/defendant present.
    Matter is adj. to 14/10/2021  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-10-2021
    
    Date: 14-10-2021
    Business: As Court is busy in urgent ad-interim hearing and orders on ad-interim reliefs of CR NO.08 and 11, board is discharged.
    Adjd. To 21/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Adv. V.B. Mishra for plaintiff No.1 present.
    Adv. Parshuram a/w adv. Rawade for MCGM present.
    NM 1977/19 is not pressed by adv. for plaintiff and he has given endorsement on said NM, hence NM 1977/19 is disposed off as withdrawn.
    Adv. For defendant /MCGM states that reply to NM is already filed by defendant be treated as W/S. O-Allowed.
    Exh.9  W/S
    Matter is adjd to 27/1/2022 for draft issues.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 21-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 105999/2019
    Filing Date: 06-06-2019
    First Hearing Date: 06th June 2019
    Decision Date: 21st December 2021
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    21 Dec 2021
    Order Details: Notice of Motion
    Pdf Text: Dt. 21.12.2021 CORAM : H.H.J. SHRI. S. D. KULKARNI ( CR. NO. 08)
    SU 1161/19
    Exh.9
    Adv. V.B. Mishra for plaintiff No.1 present.
    Adv. Parshuram a/w adv. Rawade for MCGM present.
    NM 1977/19 is not pressed by adv. for plaintiff and he has given
    endorsement on said NM, hence NM 1977/19 is disposed off as
    withdrawn.
    Adv. For defendant /MCGM states that reply to NM is already
    filed by defendant be treated as W/S. OAllowed.
    Exh.9 W/S
    Matter is adjd to 27/1/2022 for draft issues.
    Judge
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