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NOTICE OF MOTION

Shaikh Tanveer Alam Suit St. No.14542 of 2018VsMCGM

CNR MHCC01006168201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 05th July 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102243/2019
Registration Date
20 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: 04-09-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present and filed original Notice of Motion No.2242/19 along with affidavit in support of Notice of Motion. T.O.R.
    Advocate Ms. Chavan for defendant/MCGM present.
    Earlier order to continue till next date.
    The case is adjourned to 04.11.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-11-2019
    
    Date: 04-11-2019
    Business: Advocate Yadav h/f adv. B.P.Shukla for plaintiff present.
    Advocate Giri for defendant/MCGM present and sought time. Time is granted.
    Perusal of plaint reveals that the nullity of notice issued u/s 53(i) of MRTP Act is pleaded. Hence, the suit be registered.
    Earlier order to continue till next date.
    The case is adjourned to 21.01.2020 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: None for plaintiff.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Since two years, suit is yet not registered.  Plff to register the suit within two weeks, otherwise it will stand dismissed, without reference to court.
    Matter is adjd. for dismissal on 07.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: Adv. Ms. Remedis for plaintiff present.
    Adv. Mrs. Tondwalkar for deft./MCGM, prayed for adjd to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 18.04.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-10-2020
    
    Date: 19-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2021
    
    Date: 07-01-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-02-2021
    
    Date: 26-02-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2021
    
    Date: 28-04-2021
    Business: Due to Covid 19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2021
    
    Date: 04-08-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Yadav for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 17.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-11-2021
    
    Date: 17-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Yadav for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For  NM reply to 22.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-12-2021
    
    Date: 22-12-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-02-2022
    
    Date: 07-02-2022
    Business: In view of the Office Order No. 27/2022 dtd. 06/02/2022 of Hon''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/02/2022 of Hon''ble Bombay High Court, declared holiday on 07.01.2022, due to mourn the sad demise of veteran singer Bharat Ratna Lata Mangeshkar.
    Hence, matter is adjourned to 19.03.2022 for NM hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Adv. Mr. Ravindra Singh for plaintiff is present.
    Adv. Ms. J.V. Mhatre h/f Adv. Khandaglae for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 01.07.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 01-07-2022
    
    Date: 01-07-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 05.09.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-09-2022
    
    Date: 05-09-2022
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply/WS order.
    Earlier order, if any, to continue till the next date.
    Adjourned for No reply/WS Orders to 09.11.2022.
    Next Purpose: ORDER
    Next Hearing Date: 09-11-2022
    
    Date: 09-11-2022
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (No reply) to 25.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-01-2023
    
    Date: 25-01-2023
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and requested for time to argue on NM. Time is granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (no reply) (LN) to 04.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-02-2023
    
    Date: 04-02-2023
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present.
    KB LO at 4.15 p.m.
    Adv. Mr.J.S. Yadav for the plaintiff is present.
    The Court is busy in other urgent matters.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (no reply) to 10.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Yadav present for plaintiff.
    Adv. Mr. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM for Hearing to 19.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Heard both the sides on NM 2243/2019
    Adjourned for NM order (No reply No WS) to 05.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2023
    
    Date: 05-07-2023
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Order in NM No. 2243/2019
    01.     Having considered the rival submissions, at the out set, it is to be noted that earlier, as per the Order dtd. 01.11.2018, the Court granted ad-interim relief in favor of the plaintiff and observed that the defendant has to consider notice reply and to pass the Order in accordance with law before taking any coercive steps as against the suit structure. This Order is continued till today. However, the fact remains that till date, the record is silent to gather that in view of this Order, the defendant passed any Speaking Order in this matter. Nor, he bothered to contest the suit and this NM, by filling his reply. This being position of record, there is no change in scenario, which was existing while granting ad-interim relief in the plaintiffs side. Therefore, the said Order is continued, restraining the defendant to take any coercive action against this structure, except by following the due process of law. In the result, NM No.2243/2019 is disposed of as patly allowed.
    Adjourned for RE (No WS) (LN) to 25.08.2023.
    Nature Of Disposal: OTHER
    Disposal Date: 05-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 106690/2019
    Filing Date: 20-06-2019
    First Hearing Date: 04th September 2019
    Decision Date: 05th July 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    05 Jul 2023

    Order Details: Other Pdf Text: 05.07.2023 Sr. No. 28 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 957/20 NM 2243/19 Adv. Mr. B.P. Shukla for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Order in NM No. 2243/2019: 01. Having considered the rival submissions, at the out set, it is to be noted that earlier, as per the Order dtd. 01.11.2018, the Court granted ad-interim relief in favor of the plaintiff and observed that the defendant…

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