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NOTICE OF MOTION

Mr. Sharad Shripati NalawadeVsMCGM

CNR MHCC0100603520194-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 21st December 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102171/2019
Registration Date
19 Jun 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

Respondent

  1. 1MCGM

Acts & Sections

1
Protection of Women from Domestic Violence Act · Sec 9

Case History / Proceedings

Case History
Date: 07-08-2019
Business: Adv. Jain for plaintiff present and tendered original registered NM No. 2171/19 along with affidavit.
Adv. Khandagle for MCGM/Deft. present.
On oral request of ld adv for def., adjournment granted.
Earlier order, if any, to continue till next date.
Adjd to 13.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-11-2019

Date: 13-11-2019
Business: Adv.Kudalkar for plaintiff present.
Adv. Mrs. R.M. Hazare for Deft/MCGM present.
On oral request of advocate for Defendant, adjournment granted.
Earlier order, if any, to continue till next date.
Matter is adj to 10/02/2020 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: I/c of Court Room No.08
Adv Ms. Vaibhavi Pawar for plaintiff present.
Adv Mr. Khandagale for defendant/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 23/03/2020 for N.M. hearing
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-04-2020

Date: 15-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-04-2020

Date: 22-04-2020
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 REPLYREJOINDER
Next Hearing Date: 02-06-2020

Date: 02-06-2020
Business: due to lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2020

Date: 19-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-01-2021

Date: 13-01-2021
Business: (Matter pertains to C.R.No.8)
Adv. Mr. Jain h/f. Adv. Mr. Kudalkar for plaintiff present.
Adv. Khandagale for deft/MCGM present.
Earlier order, if any, to continue till next date.
Matter adjd to 08/03/2021 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: Adv. Mr. Jain h/f. Adv. Mr. Kudalkar for plaintiff present.
Adv. Khandagale for deft/MCGM present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Matter adjd to 23/04/2021 for N/M reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-04-2021

Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 26-07-2021

Date: 26-07-2021
Business: Due to covid-19.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-09-2021

Date: 20-09-2021
Business: None for plaintiff.
Adv. Mrs. Tondwalkar for Defendant/MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 18/10/2021 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-10-2021

Date: 18-10-2021
Reason For Adjournment: court time is over
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-11-2021

Date: 27-11-2021

Date: 21-02-2022
Business: Matter pertains to C.R. No.08
Adv. Jain h.f. Adv. Kudalkar for Plaintiff present.
None for defendant / MCGM.
Earlier order, if any, to continue till next date.
Adjd. to 25/03/2022 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-03-2022

Date: 25-03-2022
Business: Adv Jain h/f Adv Kudalkar for plaintiff present.
Adv Mrs Tondwalkar for defendant / MCGM is present and requests for time to file reply to NM. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. To 29/06/2022 for NM Reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-06-2022

Date: 29-06-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ MCGM is present and requested time to file reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 19/08/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-08-2022

Date: 19-08-2022
Business: Adv. Jain h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 12/10/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-10-2022

Date: 12-10-2022
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Mrs. Tondwalkar for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 23/11/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-11-2022

Date: 23-11-2022
Business: As Court is busy in urgent ad-interim hearing, board is discharged.
Earlier order, if any, to continue till next date.
Adjd. to 06/02/2022 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-02-2023

Date: 06-02-2023
Business: Adv. Vaibhavi Pawar h/f Adv. Kudalkar for plaintiff present.
Adv. Mr. Suryavanshi for defendant/ BMC is present and requested time to file reply to N/M. Time is granted till next date.
Earlier order, if any, to continue till next date.
Adjd. to 27/03/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 27-03-2023

Date: 27-03-2023
Business: CORAM H. H. J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Kudalkar for plaintiff present
None for M.C.G.M.
Earlier order, if any, to continue till next date.
Adjd. to 19/6/2023 for N/M reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-06-2023

Date: 19-06-2023
Business: Advocate Jain h/f Advocate Kudalkar for plaintiff present.
Advocate Khandagale h/f Advocate Suryavanshi for defendant/BMC present and tendered reply to N/M and list of document. T.O.R. marked as Exh.2.
Copies are served to other side.
Advocate for plaintiff submitted that matter be adjourned for rejoinder affidavit.
Earlier order, if any, to continue till next date.
Adjd for rejoinder affidavit to 17.07.2023.
Next Purpose: REJOINDER
Next Hearing Date: 17-07-2023

Date: 17-07-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present and submitted that she tried to contact with plaintiff for filing affidavit of rejoinder but could not contact the plaintiff and seeks time to file rejoinder. Hence, Time is granted as a last chance.
Advocate Suryavanshi for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  04.08.2023 for Rejoinder
Next Purpose: REJOINDER
Next Hearing Date: 04-08-2023

Date: 04-08-2023
Business: Adv. Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Mattter is kept today for filing rejoinder but plaintiff has not filed rejoinder. Hence. Matter adjourned for NM Hearing.
Earlier order, if any to continue till next date.
Adjd to 06.09.2023 for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-09-2023

Date: 06-09-2023
Business: CORAM H.H.J. SHRI. A. G. SANTANI (COURT ROOM No.11) IN-CHARGE OF COURT ROOM No.4
Matter pertains to C.R. No.04.
Adv. Mr. Pathak h/f. Mr. Kudalkar for plaintiff present
Adv. Mr. Suryavanshi for defendant/BMC present
Earlier order, if any, to continue till next date
Adjd. to 11/10/2023 for N/M hrg.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-10-2023

Date: 11-10-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present and requested to keep back. Hence kept back
Advocate Mhatre h/f Suryavanshi  for defendant/BMC present.
keep back
L.O. 3.54 p.m
Adv pathak for plaintiff submitted that Sr. Adv. Kudalkar will file written notes of argument on next date. Hence matter adjourned as a last chance.
Earlier order, if any, to continue till next date.
Adjd  to 06.11.2023   for NM hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-11-2023

Date: 06-11-2023
Business: Advocate Jain h/f Kudalkar for plaintiff present and seeks time to file written argument. Hence time granted as a last chance.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to   06.12.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-12-2023

Date: 06-12-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present and requested to keep back the matter.
Advocate Suryavanshi for defendant/BMC present.
Keep back
Later on 4.13 p.m.
Adv Vaibhavi Pawar for plaintiff present and submitted that time be granted as one more last chance for filing written notes of argument. Adv for deft opposed adjournment. It appears that already two occasion last chance has been granted. In the interest of justice subject to cost of            Rs. 500/- credited to DLSA.
Earlier order, if any, to continue till next date.
Adjd  to 11.12.2023  for NM Hearing
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-12-2023

Date: 11-12-2023
Business: Advocate Pathak h/f Kudalkar for plaintiff present and tendered written notes of argument in NM TOR marked as Exh. 5. copy is supplied to other side.
Advocate Suryavanshi  for defendant/BMC present.
keep back
Later on
Same appearance
Heard argument of both the parties.
Earlier order, if any, to continue till next date.
Adjd  to 15.12.2023   for citation.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2023

Date: 15-12-2023
Business: Matter pertains to C. R. No. 4
Advocate Kudalkar for plaintiff present.
Advocate Suryavanshi  for defendant/BMC present.
Earlier order, if any, to continue till next date.
Adjd  to  18.12.2023  for   Citation
Next Purpose: CIATATION
Next Hearing Date: 18-12-2023

Date: 18-12-2023
Business: Advocate Jain h/f Kudalkar for plaintiff present and requested to keep back the matter till 3.30 p.m. Hence kept back
Advocate Suryavanshi  for defendant/BMC present.
keep back
Later on 4.10 p.m
Adv  Kudalkar for plaintiff tendered citation TOR
Heard Adv for the parties on NM.
Earlier order, if any, to continue till next date.
Adjd  to  21.12.2023   for  NM Order
Next Purpose: NM  ORDERS
Next Hearing Date: 21-12-2023

Date: 21-12-2023
Business: Advocate Vaibhavi Pawar h/f Kudalkar for plaintiff present.
Advocate Suryavanshi for defendant/BMC present.
F.R.S.R. Following order is passed on Notice of Motion No. 2171/2019
ORDER
Notice of Motion is dismissed.
Later on
Adv. Jain h/f Kudalkar for plaintiff tendered application for continuation of EOC, marked as Exh. 6 O- Other side to say .
Adv for defendant/BMC has given say on Exh. 6 overleaf.
Heard argument of both sides on Exh. 6.
Order on below Exh. 6
1.   The plaintiff filed this application for continuation of ad-interim protection for six weeks enable the plaintiff to challenge the order dismissing the NM.
2.   Adv for defendant/BMC opposed application stating that the ad-interim protection obtain on the basis of false fabricated documents.
3. Heard adv for the parties.
4.      As per order dated 13.06.2019 this Court has granted ad-interim relief in terms of prayer clause (a) till the defendant/BMC follows the procedure laid down under section 105 (B) of MMC Act or till next date which  ever is earlier. The plaintiff intends to challenge order dismissing NM. It appears ad-interim protection was continued during the pendency of NM. Hence I pass following order :-
ORDER
Earlier order to continue for three weeks from date of uploading order.
NM Reply cum Ws is already filed, today marked as Exh. 7
Adjd  to  02.03.2023   for Hearing on issues
Nature Of Disposal: DISMISSED
Disposal Date: 21-12-2023

Additional Case Details

Additional Case Details
Filing Number: 106509/2019
Filing Date: 19-06-2019
First Hearing Date: 07th August 2019
Decision Date: 21st December 2023
Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

Orders

1
Final Order 1Full order available
21 Dec 2023

Order Details: Notice of Motion Pdf Text: 1 N/M. No.2171/19 (LCS No.1359/19) MHCC010060352019 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION No.2171 OF 2019 IN LONG CAUSE SUIT No.1359/2019 Mr. Sharad s/o. Shripati Nalawade … Plaintiff - Versus - Municipal Corporation of Greater Mumbai ... Defendant Appearance :- Mr. Pathak with Mr. Kudalkar, Advocates for plaintiff. Mr. Om Suryavansi, Advocate for defendant/M. C. G. M. CORAM : S. H. SALUNKHE, AD-HOC JUDGE CITY CIVIL COURT, COURT…

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