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NOTICE OF MOTION

Ikhlak Mohammed Shaikh - Suit St. No. 3815 of 2019VsMCGM

CNR MHCC0100595220195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 22nd March 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102134/2019
Registration Date
17 Jun 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: 20-06-2019
    Business: Plaintiff present.
    Adv.Mr.Mukesh Chheda for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Adv.of Plaintiff filed Notice of Motion No.2134/19 a/w. Affidavit t.o.r.
    Partly heard.
    At the oral request of advocate of Plaintiff matter adjourned.
    Matter adjd to 25.06.2019 for NM reply and hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-06-2019
    
    Date: 25-06-2019
    Business: PO is on Leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv.Badami for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Adv.of Plaintiff filed draft chamber summons a/w. Affidavit t.o.r.
    O-Leave granted to register draft chamber summons.
    KB
    LO
    Adv.Mr.Diamondwala for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 20.08.2019 for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-08-2019
    
    Date: 23-07-2019
    Business: Adv.Badami for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Adv.of Plaintiff filed draft chamber summons a/w. Affidavit t.o.r.
    O-Leave granted to register draft chamber summons.
    KB
    LO
    Adv.Mr.Diamondwala for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 20.08.2019 for C/s reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. for plaintiff Present.
    Earlier order to continue till the next date.
    Adjd to 03.09.2019 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Business: Adv. A. Diamondwala for plaintiff present.
    Adv. Rawade for defendant/MCGM present.
    Matter adjd to 07/09/2019 for C/S reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-09-2019
    
    Date: 07-09-2019
    Business: Plaintiff and advocate present.
    Adv. Ms. Dhuri for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 17/09/2019 for ch/s. Reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-09-2019
    
    Date: 17-09-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 26/09/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2019
    
    Date: 17-09-2019
    Business: Plaintiff and Adv. Absent.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 26/09/2019 for order.
    Next Purpose: ORDER
    Next Hearing Date: 21-09-2019
    
    Date: 21-09-2019
    Business: N. O. B. T. O. B.
    Plaintiff and Adv. Mr. Mukesh Chheda present.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 10/10/2019.
    Next Purpose: ORDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: PO is gone to Nashik for attending conference.  Hence board is discharged.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2019
    
    Date: 10-10-2019
    Business: PO is gone to Nashik for attending conference.  Hence board is discharged.
    Next Purpose: ORDER
    Next Hearing Date: 22-10-2019
    
    Date: 22-10-2019
    Next Purpose: ORDER
    Next Hearing Date: 16-11-2019
    
    Date: 22-10-2019
    Next Purpose: ORDER
    Next Hearing Date: 16-11-2019
    
    Date: 16-11-2019
    Business: Plaintiff present and Adv. Absent
    Plaint.
    Vakalatnama of Plaintiff.
    Memorandum of address.
    List of documents.
    Vakalatnama of defendant .
    Adv. For plaintiff filed compilation t.o.r. and marked as Exh. Order-Filed.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 30/11/2019 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-11-2019
    
    Date: 16-11-2019
    Business: Plaintiff present and Adv. Absent
    Plaint.
    Vakalatnama of Plaintiff.
    Memorandum of address.
    List of documents.
    Vakalatnama of defendant .
    Adv. For plaintiff filed compilation t.o.r. and marked as Exh. Order-Filed.
    Adv. Mrs. Rawade  for defendant/MCGM present.
    Matter adjd to 30/11/2019 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 30-11-2019
    
    Date: 30-11-2019
    Business: CORAM . H. H. J. SHRI. R.V. KOKARE ( CR. NO. 06)
    (INCHARGE COURT)
    Matter pertains to CR No. 05
    Plaintiff absent and Adv. Mr. Cheda Present.
    Adv. Mrs.Dhuri/Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 19/12/2019 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-12-2019
    
    Date: 30-11-2019
    Business: CORAM . H. H. J. SHRI. R.V. KOKARE ( CR. NO. 06)
    (INCHARGE COURT)
    Matter pertains to CR No. 05
    Plaintiff absent and Adv. Mr. Cheda Present.
    Adv. Mrs.Dhuri/Rawade  for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    Matter adjd to 19/12/2019 for arguments.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 19-12-2019
    
    Date: 19-12-2019
    Business: CORAM  H. H. J. SHRI. R.V. KOKARE ( CR. NO. 06
    INCHARGE COURT
    Matter pertains to CR No. 05
    Plaintiff present.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    At the request of MCGM matter is adjd to 21/01/2020 for n.m. arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-01-2020
    
    Date: 19-12-2019
    Business: CORAM  H. H. J. SHRI. R.V. KOKARE ( CR. NO. 06 INCHARGE COURT
    Matter pertains to CR No. 05
    Plaintiff present.
    Adv. Mrs. Rawade for defendant/MCGM present.
    Earlier order if any to continue till the next date.
    At the request of MCGM matter is adjd to 21/01/2020 for n.m. arguments.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Adv. Ms. Saloni Jain for the plaintiff present.
    Adv. Mrs. Rawade  for the defendant  MCGM Present.
    Earlier order if any to continue till the next date.
    Matter is adjd to  30/01/2020 for say.
    Next Purpose: REPLY
    Next Hearing Date: 30-01-2020
    
    Date: 21-01-2020
    Business: Adv. Ms. Saloni Jain for the plaintiff present.
    Adv. Mrs. Rawade  for the defendant  MCGM Present.
    Earlier order if any to continue till the next date.
    Matter is adjd to  30/01/2020 for say.
    Next Purpose: REPLY
    Next Hearing Date: 30-01-2020
    
    Date: 30-01-2020
    Business: Plaintiff and Adv. Mr. Sameer Ulaha present and seeks time.
    Order- Granted time.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    Matter is adjd to 04/02/2020 for hrg. on n.m. no. 2134/14 alongwith hrg. on chamber summons .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 30-01-2020
    Business: Plaintiff and Adv. Mr. Sameer Ulaha present and seeks time.
    Order- Granted time.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    Matter is adjd to 04/02/2020 for hrg. on n.m. no. 2134/14 alongwith hrg. on chamber summons .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2020
    
    Date: 04-02-2020
    Business: Adv. Mr. Noorain for plaintiff present.
    Adv. Mrs. Rawade for the defendant  MCGM  present
    K. B.
    L. O. at 03.20 p.m.
    Adv. Mr. Mukesh Chheda for plaintiff present and filed registered chamber summons no. 197/2020 alongwith affidavit t.o.r.
    Heard arguments of both sides.
    Earlier order if any to continue till the next date.
    Matter is adjd to  11/02/2020 for Orders on ch/s. no.197/2020 and hrg. on n.m.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Ms. H. Diamondwala for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Heard arguments on ch/s. no. 197/2020.
    Earlier order if any to continue till the next date.
    Matter is adjd to18/02/20 for order on ch/s. 197/2020.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 18-02-2020
    
    Date: 11-02-2020
    Business: Adv. Ms. H. Diamondwala for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Heard arguments on ch/s. no. 197/2020.
    Earlier order if any to continue till the next date.
    Matter is adjd to18/02/20 for order on ch/s. 197/2020.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Plaintiff and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    F. R. S. R. Following order is passed on Chamber Summons No. 197/2020-
                                 O R D E R
    1)  Chamber Summons No.197/2020 is allowed.
    2)  The plaintiff to carry out the amendment in the plaint
          within 14 days from the date of order.
    3)  Chamber summons stands disposed off.
    Matter is adjd to  07/03/2020 for amendment.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Plaintiff present and advocate absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    Earlier order if any to continue till the next date.
    Matter is adjd to 17/03/2020 for hrg. on n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: As court is on leave. Matter adjd to 20/06/2020 for NM Hrg
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-06-2020
    
    Date: 20-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2020
    
    Date: 20-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-08-2020
    
    Date: 21-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2020
    
    Date: 18-09-2020
    Business: Covid-19, adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-10-2020
    
    Date: 01-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2020
    
    Date: 22-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: Adv K Diamondwala (h/f) present for plaintiff.
    Adv Smt. Rawade present for MCGM/defendant.
    NM is pending since long therefore parties are liberty to submit written notes of arguments for avoiding delay.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM arguments to 12.01.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv Diamondwala present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM arguments to 09.02.2021.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Adv Yakshay Chheda present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Heard arguments of both the parties on NM partly. MCGM wants to produce photographs on next date.
    Both the parties are directed to produce colour and dated photographs of notice structure from different angles.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM arguments part heard to 23.02.2021.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv Diamondwala present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM arguments P.H. to 11.03.2021.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv Chheda present for plaintiff.
    Adv Rawade present for MCGM/defendant.
    Adv of plaintiff submitted photographs with list.
    He also produced to google photographs alongwith imaginary date. therefore there is need of affidavit of plaintiff regarding said date and its relevancy.
    Earlier order if any to continue till the next date.
    Plaintiff to avoid delay.
    Matter adjourned for affidavit/compliance to 18.03.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. Diamondwala present for plaintiff.
    Adv. Rawade present for MCGM/defendant.
    Adv of plaintiff tendered additional affidavit about photographs alongwith photographs.
    Adv of plaintiff and defendant submitted that they have already argued on NM.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM order to 22.03.2021.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 22-03-2021
    
    Date: 22-03-2021
    Business: Plaintiff present and his advocate absent.
    Adv. Soraan/Nandanwar present for MCGM/defendant.
    FRSR the following order is passed-
    ORDER
    1. NM No. 2134/19 stands dismissed with costs.
    2. If regularization application/proposal is already served to MCGM then the MCGM shall decide the same according to provisions of law, as early as possible.
    3. If regularization proposal is not served on MCGM till today then plaintiff shall serve the same to MCGM within 4 weeks from today andthereafter, MCGM will consider the same as per law, as early as possible.
    4. Authenticated copy of this roznama be given to parties, if requested.
    -------------------------------------------
    Later on.
    Plaintiff orally submitted that plaintiff wants to file appeal against above order. Plaintiff is having right to file appeal. Hence both parties to maintain statuquo regarding Notice structure for four weeks from today, as a last chance.
    Matter adjourned for WS to 18.06.2021.
    Nature Of Disposal: DISMISSED
    Disposal Date: 22-03-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 106466/2019
    Filing Date: 17-06-2019
    First Hearing Date: 20th June 2019
    Decision Date: 22nd March 2021
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    22 Mar 2021

    Order Details: Notice of Motion Pdf Text: 1 NM No.2134-2019 in L.C. SUIT 1468-2019 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION NO.2134 OF 2019 in L.C. SUIT NO. 1468 OF 2019 Ikhlak Mohammed Shaikh ]...Plaintiff. Versus MCGM ]..Defendants. Appearance: Ld Advocate Diamondwala for the plaintiff. Ld Advocate Rawde for defendants (MCGM). CORAM : S.C. Pathare, Judge (Court Room no.5) DATED : 22nd March, 2021. ORAL ORDER 1) Plaintiff took out this notice of motion against…

    Read Full Order

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