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CHAMBER SUMMONS

Michael Gabriel - Exe. Appl. No. 372 of 2011VsMCGM And Ors

CNR MHCC01005840201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th March 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
101079/2019
Registration Date
14 Jun 2019

Advocates

1

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 28-06-2019
    Business: Advocate Nirmale for applicant present and filed original Chamber Summons No.1079/19 along with affidavit in support of Chamber Summons. T.O.R.
    Advocate Mr. Giri for defendant /MCGM present and sought time.
    The case is adjourned to 19.07.2019  for Ch.s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: As Court is busy in NM hearing in suit no. 1570/16 and also in hearing urgent ad-interim matter in Suit no. 2057/19 and also in dictating orders in suit no. 2057/19, suit no. 1979/18 and in suit no. 1547/18 to 1550/18 the case is adjourned.
    The case is adjourned to 07.08.2019  for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-08-2019
    
    Date: 07-08-2019
    Business: Advocate Shantibhushan Nirmal for decree holder  present.
    Advocate Shankar Parab for Judgment debtor no.1 present and sought time. Time is granted.
    The case is adjourned to 03.09.2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Advocate Shantibhushan Nirmal for decree holder present.
    None for Judgment Debtors.
    No reply is filed.
    KB
    LO at 4.40pm
    Advocate Shantibhushan Nirmal for decree holder present.
    Advocate Ms.Mhatre for JD no. 1 present and sought time. Time is granted as last opportunity.
    The case is adjourned to 11.10.2019 for Chamber Summons reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-10-2019
    
    Date: 11-10-2019
    Business: As Court is busy in recording evidence in SU No. 6105/06 and in suit no. 5454/05 and other matters on board. The Case is adjourned.
    The case is adjourned to 25.11.2019 for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Adv. Mr. Bhosale for J.D. present.
    Adv. Shantibhushan for D/H. Present.
    Adv. Mr. Shankar Parab for deft/MCGM present, submits that concern officer of BMC was not available for affirmation, otherwise copy of reply is ready. Adjourned for two weeks.
    Matter is adjd.for ch/s reply on 09.12.2019.
    Next Purpose: C/S REPLY
    Next Hearing Date: 09-12-2019
    
    Date: 09-12-2019
    Business: Adv. Mr. Shantibhushan for Plaintiff present.
    Adv. Shankar Parab for deft. no.1/MCGM present, submitted reply on Ch/s no.1079/19, copy supplied to plff.
    Adv. Rahul Bhosale for J.D. no.3 present, prayed for adjd.
    Matter is adjd.for Ch/s hearing on 17.12.2019.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 17-12-2019
    
    Date: 17-12-2019
    Business: Adv. Shaila Tawre for J/D present.
    Adv. Shankar Parab for deft. no.1/MCGM present.
    Adv. Rahul Bhosle for J/D no.3, prayed for adjournment to file reply.
    Matter is adjd. for Ch/s Reply to 15.01.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Mr. Shantibhushan Nirmal for Plaintiff present.
    Adv. Mr. Shankar Parab for deft.no.1/MCGM present.
    Adv. Mr. Nilesh Pandey for respondent present, prayed for adjd to file reply on ch/s.
    Matter is adjd.for ch/s reply on 04.03.2020.
    Next Purpose: C/S REPLY
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Court is on leave.
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Business: National Lockdown
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: Adjd. to
    Next Purpose: C/S REPLY
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Business: Due to Covid -19
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-08-2020
    
    Date: 29-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-10-2020
    
    Date: 05-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 05-12-2020
    
    Date: 05-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 25-02-2021
    
    Date: 25-02-2021
    Next Purpose: C/S REPLY
    Next Hearing Date: 15-04-2021
    
    Date: 15-04-2021
    Business: Due to surge in  Covid-19, on 15.04.2021 declared as holiday, hence, matter is adjourned to next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: C/S REPLY
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: C/S REPLY
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Court is Vacant. Matter adj.to next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 27-10-2021
    
    Date: 27-10-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-12-2021
    
    Date: 08-12-2021
    Business: Court is on leave. Matter is adj. to next date.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-01-2022
    
    Date: 07-01-2022
    Business: Adv Pallavi Kulkarni for DH present.
    Adv. Mr. Khandagale for JD No.1 present.
    None for JD no.2 and 3
    Adv. for JD No.1 orally requested for time to file Ch/s reply. Granted as a last chance.
    Adjourned for Ch/s reply to 08/02/2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 08-02-2022
    
    Date: 08-02-2022
    Business: None present for DH.
    Adv. Ms. J.V. Mhatre for defendant No.1/MCGM is present and  orally requested for time to file Ch/s reply. Granted as a last chance.
    Rest of the defendants are absent.
    Adjourned for Ch/s reply to 17.03.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-03-2022
    
    Date: 17-03-2022
    Business: Adv. Ms. Syuoga Rajguru a/w Adv. Sheweta Rathod for DH is present.
    Adv. Mr. Shankar Parab for defendant/MCGM is present.
    Adv. Mr. Nilesh Pandey of JD No. 4 is present and endorsed say on Ch/s No. 1079/2019.
    Adjourned for Ch/s hearing to 28.04.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: PO is on training.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: Adv. Ms. Shweta Rathod for D.H. is present and requested time to argue on C/S. Matter is old one. Time is granted till next date.
    Adv. Nilesh Pandey for J.D. Nos. 2 and 3 is present. He is heard C/S No. 1079/19.
    Adv. Mrs. Mhatre for defendant/MCGM is present.
    Adjourned for C/S hrg. To 14/07/2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Mrs. Shewta Rathod for the DH is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    KB LO at 03:26 pm.
    Adv. for the DH filed application for adjournment. It is marked at Exh. 07. O- Considering the reasons, matter is shortly adjourned.
    Adjourned for Ch/s hearing to 25.08.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 25-08-2022
    
    Date: 25-08-2022
    Business: Adv. Ms. Shweta Rathod for the applicant is present.
    Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present.
    Adv. Mr. Nilesh Pandey for defendant Nos. 2 and 3 is present and orally requested for time to file Ch/s reply. The matter is more than 10 years old. Sufficient time is already granted. Still, considering his request, the matter reposted for filing of his Ch/s reply, subject to costs of Rs. 1500/- to be paid to the applicant till the next date.
    LO at 03:40 pm.
    Avd. Mr. Shankar Parab for defendant No. 1/MCGM is present.
    Adjourned for costs/Ch/s reply to 20.09.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Rahul Patil for the applicant is present.
    Adv. J.V. Mhatre h/f Adv. Shankar Parab for defendant No. 1/
    MCGM is present.
    Adv. Bhosale for defendant Nos. 2 and 3 is present and requested for keeping back the matter.
    KB LO at 04:15 pm.
    Adv. Shankar Parab for defendant No. 1/MCGM is present.
    Defendant Nos. 2 and 3 are absent to file Ch/s reply. Hence, the matter is posted for Ch/s hearing.
    LO at 04:59 pm.
    Adv. Bhosale for defendant Nos. 2 and 3 is present along-with reply on Ch/s. Defendant Mr. Digvijay Malla is present. They are informed that the matter is adjourned.
    Adjourned for Ch/s hearing to 20.10.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 20-10-2022
    
    Date: 20-10-2022
    Business: None present for the plaintiff.
    Adv. Rahul Patil for the applicant is present.
    Adv. J.V. Mhatre for defendant No. 1/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for Ch/s hearing to 01.12.2022.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 01-12-2022
    
    Date: 01-12-2022
    Business: None present for the DH.
    Adv. Mr. Rahul Patil for the applicant is present and orally requested for time to argue on Ch/s. The EA is more than 10 years old. Hence, time is granted strictly as a last chance. In default, the Ch/s. would stand dismissed.
    Adv. Ms. J.V. Mhatre for JD No. 1/MCGM is present.
    Adv. Mr. Nilesh Pandey for JD Nos. 2 and 3 is present.
    Adjourned for Ch/s Hearing/Ch/s dismissal to 21.01.2023.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 21-02-2023
    
    Date: 21-02-2023
    Business: Wrongly on board.
    Next Purpose: C/S  HEARING
    Next Hearing Date: 23-02-2023
    
    Date: 23-02-2023
    Business: None present for DH.
    Adv. Mr. Bhosale for JD Nos. 2 and 3 is present.
    Adv. Mr. Shankar JD No. 1 for defendant/MCGM is present.
    The Court is busy in other praceipe matters.
    Adjourned for Ch/s Order to 14.03.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 14-03-2023
    
    Date: 14-03-2023
    Business: Adv. Mr. Rahul Patil for DH is present.
    Adv. Mr. Bhosale for JD Nos. 2 and 3 is present.
    Adv. Mrs. S.S. Chavan for JD No. 1/MCGM is present.
    F.R.S.R. the following Order is passed on Ch/s No. 10749/2019:
    -: O R D E R :-
    (i).	Chamber Summons No. 1079/2019 is made absolute in
              terms of prayer Clause (a) only, subject to payment of costs
              of Rs. 3,000/-(Rs. Three Thousand) in favour of the DLSA,
              Mumbai, positively till the next date.
    (ii). 	On the payment of costs, the Decree Holder is directed to
    	carry out the proposed amendment /correction in the
              Execution Application, within two weeks, and to file
    	copy of amended Execution Application simultaneously.
    (iii). 	The parties to expedite the matter.
    (iv).	Chamber Summons No. 1079/2019, accordingly, stands
           	disposed of.
    Adjourned for costs/compliance/steps to 28.03.2023.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106330/2019
    Filing Date: 14-06-2019
    First Hearing Date: 28th June 2019
    Decision Date: 14th March 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    14 Mar 2023

    Order Details: Chamber summons Pdf Text: CNR NO. :MHCC01-005840-2019. .1. CH/S No.1079/2019 in Execution Application No. 372/2011 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. CHAMBER SUMMONS NO. 1079 OF 2019. IN EXECUTION APPLICATION NO. 372 OF 2011. IN L.C. SUIT NO. 2199 OF 1994. Michael Gabriel. …....…..............……... … DECREE HOLDER. V/s. MCGM+3. ……………….…………....... … JUDGMENT DEBTORS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 14th March, 2023. APPEARANCES : Ms. Sonam Singh, Ld. Advocate for the Decree…

    Read Full Order

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