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SUIT - SHORT CAUSE CIVIL SUIT

Mr.Salim Jamal Payak +2 moreVsMCGM +5 more

CNR MHCC0100648120184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--WITHDRAWL
Decision Date: 08th July 2025

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102073/2018
Registration Date
28 May 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    9

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 13-08-2018
    Business: Adv for plff present.
    Adv Giri for BMC/deft no.1 present.
    Adv Jayesh Tawde for deft no.3 to 5 present.
    Adjd to 10/09/2018 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Adv. Ms Disa for plaintiff present.
    Adv. Mhatre for defendant no. 1 and 2 / BMC present.
    None for deft. no. 3 to 6.
    Matter adjd. to 24.10.18 for Rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-10-2018
    
    Date: 24-10-2018
    Business: Adv. Disa for plaintiff present.
    Adv. Mhatre for defendant no. 1 and 2/ BMC present.
    None for deft. no. 3 to 5.
    Matter adjd. to 12.12.18 for NM Reply.
    Next Purpose: REPLY
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: Adv. Joshi for plff present
    Adv. Bhoir for deft 1 and 2/BMC
    Adv. Vidya Nair for deft. Nos. 3 to 6.
    Adjd to 30/01/2019 for N/M reply by deft. nos. 1 and 2.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Adv Mr.Joshi for plff present.
    Adv Mrs.Bhoir for BMC/deft. nos.1 and 2 present.
    None present for defts no.3 to 6.
    Adjd to 11/02/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-02-2019
    
    Date: 11-02-2019
    Business: Adv. Ms. Joshi for plaintiff present.
    Adv. Bhoir for Defendant No.2/MCGM present.
    Adv. Jayesh Gawade for defendant No.3 to 6 present.
    Adjd. to 29.03.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-03-2019
    
    Date: 29-03-2019
    Business: Adv. Mr. Ravindra Singh for Plff present.
    Adv. Mrs. Bhoir for MCGM/deft. No.1 and 2 present.
    Adv. Mr. Jayesh Gawade for Defts No.3 to 6 present.
    On oral request of advocate for MCGM/Defendant No.1 and 2, adjournment granted.
    Adjd to 3/7/2019 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: Adv. Joshi for Plaintiff present.
    Adv. Patil for MCGM/Deft. 1, 2 present.
    None for defendant no. 3 to 6
    On oral request of ld adv for defts no. 1, 2, adjournment granted as a last chance.
    Adjd to 05.09.2019 for N/M Reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: As Court is on leave today, board is discharged. Matter is adjd. to 14-11-2019 for NM Reply rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-11-2019
    
    Date: 14-11-2019
    Business: Adv. Miss D\''sa for plff present.
    None for defendant No. 3 to 6.
    Adv. Ms. Patil for MCGM/Defendant No.1 and 2 present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Matter adjd. to 16/01/2020 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-01-2020
    
    Date: 16-01-2020
    Business: Adv. D\''sa for plaintiff.
    Adv. Ms. Patil for MCGM/Defendant No. 1and 2present.
    None for Defendant No. 3 to 6.
    On oral request of advocate for Defendant No. 1and 2 , adjournment granted as last chance.
    Matter adjd to 27.02.2020  for filing reply of defendant No.1 and 2 / MCGM.
    Next Purpose: REPLY
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv.D\''Sa for plaintiff present.
    Adv. Ms. Patil for MCGM/Defendant No.1 and 2 present.
    None for defendant No.3 to 6.
    Matter adjd to 18.06.2020  for filing reply of defendant No.1.
    Next Purpose: REPLY
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: REPLY
    Next Hearing Date: 14-08-2020
    
    Date: 14-08-2020
    Business: adjd to
    Next Purpose: REPLY
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: REPLY
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: H.H.J. is nominated as online mediation trainer for Haryana, hence today\''s board is discharged
    Next Purpose: REPLY
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: Adv. Ankita Jain h/f Adv. Bipin Joshi for plaintiff present.
    Adv. Ms. Smita Chavan for deft no.1 and 2/MCGM present.
    None for deft no. 3 to 6.
    Matter adjd to 08/06/2021 for NM Reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2021
    
    Date: 08-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-08-2021
    
    Date: 17-08-2021
    Business: court on leave.
    Next Purpose: NM REPLYREJOINDER
    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 reply
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: None for plaintiffs.
    Adv. Rawade for D/1 and 2-MCGM present.
    None for D/3 to 6.
    Matter is adjd to 22/3/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: HHJ is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-06-2022
    
    Date: 09-06-2022
    Business: Adv. Bhaven Joshi h/f Adv. Bipin Joshi for plaintiff present.
    Adv. Mrs. Rawade for defendant 1 and 2/ MCGM is present.
    None for deft. Nos. 3 to 6.
    Adjd. to 04/08/2022 for filing reply to N/M by deft. No. 1 and 2/MCGM.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-08-2022
    
    Date: 04-08-2022
    Business: Adv. P. B. Joshi for plaintiff present.
    Adv. Mrs. Rawade for defendant Nos. 1 and 2/ BMC is present and requested time to file reply to N/M. However, already last chance has been granted but one more last chance is granted with condition if deft./ corporation not filed reply on next date, N/M will be heard without say of deft. Nos. 1 and 2/BMC.
    None for deft. No. 3 to 6.
    Adjd. to 15/09/2022 for N/M reply by deft. Nos. 1 to 2/BMC.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-09-2022
    
    Date: 15-09-2022
    Business: Adv. Sakshi Agarwal h.f. Adv. Bipin Joshi for plaintiff present.
    Adv. Mrs. Rawade for D/1 and D/2 BMC is present and requested time to file reply. However, already two occasions last chance has been granted and on previous date matter was adjourned on condition that if defendant corporation not filed reply today Nm will be heard without reply. Hence, \''\''No say order\''\'' passed against D/Corporation.
    Adjd. to 18/10/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: Adv. Bhavesh Joshi for plaintiff present.
    Adv. Tondwalkar h.f. Adv. Rawade for D/1 and D/2 BMC is present.
    None for D/3 to 6.
    Adjd. to 22/11/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Siddhant Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
    None for deft. Nos.3 to 6.
    Adjd. to 14/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2023
    
    Date: 22-11-2022
    Business: Adv. Siddhant Singh for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Mrs. Rawade for defendant Nos.1 and 2/ BMC is present.
    None for deft. Nos.3 to 6.
    Adjd. to 14/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2023
    
    Date: 14-02-2023
    Business: Adv. Siddhant Singh h/f Adv. Bipin Joshi for plaintiff present and requested time to argue on N/M as senior is not present. Hence, time is granted till next date.
    Adv. Mr. Khandagale h/f Adv. Mrs. Mhatre for defendant Nos.1 and 2/ BMC is present.
    None for defendant Nos.3 to 6.
    Adjd. to 21/03/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-03-2023
    
    Date: 21-03-2023
    Business: court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-04-2023
    
    Date: 20-04-2023
    Business: Court is on leave, hence matter is adjourned to 04.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: PO Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-08-2023
    
    Date: 17-08-2023
    Business: Court is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2023
    
    Date: 03-10-2023
    Business: None present for plaintiff
    Advocate Mhatre for defendant No. 1 and 2/BMC present.
    None present for deft No. 3 to 6
    NM is pending for hearing but today none present for plaintiff. hence matter adjourned and kept for dismissal of NM.
    Adjd  to 07.11.2023 for  NM dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 07-11-2023
    
    Date: 07-11-2023
    Business: Advocate Abhishek Kase h/f Bipin Joshi for plaintiff present
    Advocate Mhatre for defendant No. 1 and 2/BMC present.
    None present for deft No. 3 to 6
    With the consent of both Advocates, matter referred to Maha Lokadalat will be held on 09.12.2023.
    Plaintiff is directed to remain present on 09.12.2023 before 10.30 a.m.
    Adjd  to 09.12.2023    for  Lok adalat Report.
    Next Purpose: REPORT
    Next Hearing Date: 09-12-2023
    
    Date: 09-12-2023
    Business: None present for plaintiff
    Advocate Mhatre   for defendant/BMC present.
    Shri. Shahaji Padhare, J/E. ( B & F) for BMC present
    Settlement are not arrived at as plaintiff absent.
    Matter posted before regular Court.
    Matter is adjd for  20.01.2024 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Advocate Sakshi Agrawal h/f Bipin joshi for plaintiff present and submitted that matter be kept for Mahalokadalat.
    Advocate Mhatre for defendant No.1 and 2/BMC present.
    None present for deft No. 3 to 6
    Matter is referred to Maha- lokadalat on 03.03.2024.
    Issue Notice to defendand No. 3 to 6.
    Plaintiff is directed to remain present before 10.30 p.m. on 03.03.2024.
    Adjd  to  03.03.2024    for Lok Adalat Report
    Next Purpose: REPORT
    Next Hearing Date: 03-03-2024
    
    Date: 03-03-2024
    Business: Matter pertains to C.R. No. 4.
    Plaintiff and his Advocate are absent.
    Adv. Ms. Jyoti Patil for defendant is present.
    Concerned Officer is absent.
    The case is adjourned to 30.04.2024.
    Adv. Mr. Sanjay P. Patankar     Panel Member                   HHJ. SHRI. B. Y. PHAD
                                                          Panel Head
    Next Purpose: HEARING
    Next Hearing Date: 30-04-2024
    
    Date: 30-04-2024
    Business: None present for plaintiff
    Advocate Mhatre for defendant No. 1 and 2/BMC present.
    None present for D-3 to D-6
    Adjd  to  04.05.2024   for NM Dismissal
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-05-2024
    
    Date: 04-05-2024
    Business: None present for plaintiff.
    Advocate  Amar Patil h/f Suryavanshi for defendant No.1 and 2/BMC present.
    None present for D-3 to D-6
        The NM is of year 2018 and pleading of NM are completed long back and NM is pending for hearing but neither plaintiff nor his Advocate remains present. hence on previous date matter was adjourned and kept today for dismissal of NM inspite of that none appeared for plaintiff. This show that plaintiff is not interested to proceed with the NM. Hence NM No. 2007/2018 is dismissed for default.
    Adjd  to 23.08.2024   for writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 23-08-2024
    
    Date: 23-08-2024
    Business: None present for plaintiffs
    Adjd  to  05.11.2024    for service of writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    None present for plaintiff
    Advocate Nagarthawar h/f Swapnil Bharti for defendant No. 1 and 2/BMC present.
    Adjd  to    30.01.2025  for service of writ of summons
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 30-01-2025
    
    Date: 30-01-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None for plaintiff is present. The plaintiff is directed to ensure due service of suit summons on the other side and to file the writ of summons/affidavit of service, positively on the next date. In default, the suit would stand dismissed. Adv. Mr. Swapnil Bharti  for defendant Nos. 1 and 2/MCGM is present. Rest of the defendant are absent.
    Adjourned for writ of summons to 18-03-2025.
    Next Purpose: WRIT OF SUMMONS
    Next Hearing Date: 18-03-2025
    
    Date: 18-03-2025
    Business: CORAM : H.H.J. SHRI. A.G. SANTANI (C.R. No. 04)
    None present for the plaintiff to proceed with the matter and to file writ of summons. Hence, the suit is posted for dismissal. Adv. Mr. Swapnil Bharti for defendant Nos. 1 and 2/MCGM is present. None present for defendant No. 3.
    Adjourned for dismissal to 21.06.2025.
    Next Purpose: DISMISSAL
    Next Hearing Date: 21-06-2025
    
    Date: 21-06-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    Adv. Mr. Eknath Pagam h/f Adv. Mr. Bipin Joshi for the plaintiff is present. He submitted that plaintiffs are willing to withdraw the suit, however today they are unable to attend the Court. He seeks short time to withdraw the matter, hence matter adjourned.
    Adv. Ms. Pooja Nagarthawar h/f Adv. Ms. Rupali Patil for defendant No. 1 and 2/MCGM is present.
    Adjourned for withdrawal of suit  to 01.07.2025.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 01-07-2025
    
    Date: 01-07-2025
    Business: CORAM : H.H.J. SHRI. A.A LAULKAR (C.R. No. 04)
    Adv. Mr. Eknath Pagam h/f Adv. Mr. Bipin Joshi for the plaintiff is present. Adv. Ms. Rupali Patil for defendant/MCGM is present.
    keep back
    Later on at 11.47 pm
    The plaintiff No. 1 is present in person. Rest appearance is as above.
    Adjourned for withdrawal to 08.07.2025.
    Next Purpose: WITHDRAWAL
    Next Hearing Date: 08-07-2025
    
    Date: 08-07-2025
    Business: CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04)
    Adv. Mr. Eknath Pagam h/f Bipin Joshi   for the plaintiff is present. Adv. Ms. Rupali Patil for defendant  No.1 and 2/MCGM is present. Rest of the defendant are absent.
    keep back
    Later on at 11.51 pm.
    Plaintiff Nos. 1 to 3 are present. They informed that they are not willing to proceed with the suit and wants to withdraw the same.
    The appearance is as above.
    The Advocate for the plaintiff filed the application for withdrawal of the suit. TOR. It is marked at Exhibit 3. O- Other side to say. Say filed. Heard. O- Considering the reasons, as the plaintiff’s are not willing to proceed with the matter, they are permitted to withdraw the suit with liberty to file it afresh, if required.  The suitable order follows below Exhibit 1.
    Order below Exhibit 1:
        	In view of the Order on the application (Exhibit 3), the suit stands disposed of as withdrawn subject to liberty to file it afresh, if required. All the pending applications are, therefore, filed. The plaintiff to bear costs of this suit. Bill of costs be drawn-up accordingly. Court fees be refunded, if any, as per rules.
    	The Original documents, if any, filed on record be returned to the respective parties, on their submitting its Certified Copies, if the documents are exhibited, or Self-attested True Copies, if the documents are not exhibited, along-with undertaking to furnish the originals as and when required by the Court. The concerned Department to do the needful. The proceeding is closed.
    Nature Of Disposal: WITHDRAWL
    Disposal Date: 08-07-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107097/2018
    Filing Date: 28-05-2018
    First Hearing Date: 13th August 2018
    Decision Date: 08th July 2025
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    08 Jul 2025

    Order Details: Other Pdf Text: 1 Dt:08.07.2025 SU 2073/18 Exhibit 3 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) Adv. Mr. Eknath Pagam h/f Bipin Joshi for the plaintiff is present. Adv. Ms. Rupali Patil for defendant No.1 and 2/MCGM is present. Rest of the defendant are absent. keep back Later on at 11.51 pm. Plaintiff Nos. 1 to 3 are present. They informed that they are not willing to proceed with the suit and wants to withdraw…

    Read Full Order
    Order 1Full order available
    08 Jul 2025

    Order Details: Other Pdf Text: 1 Dt:08.07.2025 SU 2073/18 Exhibit 3 CORAM : H.H.J. MR. AMIT A. LAULKAR (C.R. No. 04) Adv. Mr. Eknath Pagam h/f Bipin Joshi for the plaintiff is present. Adv. Ms. Rupali Patil for defendant No.1 and 2/MCGM is present. Rest of the defendant are absent. keep back Later on at 11.51 pm. Plaintiff Nos. 1 to 3 are present. They informed that they are not willing to proceed with the suit and wants to withdraw…

    Read Full Order

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