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NOTICE OF MOTION

Smt. Farida Hussain Shah PatelVsMCGM

CNR MHCC01006635201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 25th April 2025

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102034/2018
Registration Date
05 Jun 2018

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: 20-08-2018
    Business: Matter adj.for NM Reply to 21.9.18.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-09-2018
    
    Date: 21-09-2018
    Business: None for Plaintiff.
    Advocate Ms. Tondvalkar for BMC/Deft. present.
    Earlier order to continue till next date.
    Court is busy in hearing Notice of Motions in suit nos.1555/15, 1584/15, 1714/18 and 1407/15, hence board is discharged and case is adjourned to 29/10/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-10-2018
    
    Date: 29-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: None present for Plaintiff.
    Advocate for BMC/Deft present.
    Case is adjourned to 13/02/2019 for reply/hearing of Notice of Motion.
    Earlier order to continue till next date.
    L.O.
    Advocate for Plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-02-2019
    
    Date: 13-02-2019
    Business: Court is busy in hearing Chamber Summons in suit no.825/18 and Court has to hear urgent matters, hence case is adjourned to 01/03/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2019
    
    Date: 01-03-2019
    Business: Advocate Ms. Vaidehi for Plaintiff present.
    Advocate for BMC/Deft present and sought time to file reply.  Adjourned.
    Earlier order to continue till next date.
    Case is adjourned to 03/04/2019 for NM reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2019
    
    Date: 03-04-2019
    Business: Court is busy in hearing Notice of Motion in suit no.1260/18, hence case is adjourned to 03/07/2019.
    Earlier order to continue till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Business: As Court is busy in hearing NM in suit no. 1127/17 to 1130/17, the board is discharged.
    Earlier order to continue till next date.
    The case is adjourned to 05.08.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-08-2019
    
    Date: 05-08-2019
    Business: Advocate Dhotre for plaintiff present.
    Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted as last opportunity. On failure of defendant to file reply on next date NM will be heard in absence of reply.
    Earlier order to continue till next date.
    The case is adjourned to 11.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-09-2019
    
    Date: 11-09-2019
    Business: As Court is busy in recording evidence in suit no. 9349/93 and in suit no. 7328/04 in the morning session and in dictating orders in suit no.354/18 in afternoon session. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 16.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Advocate Ms. Vaidehi  for plaintiff present.
    Advocate Ms. Chavan for defendant/MCGM present and sought time. Time is granted as last opportunity.  Failure of defendant to file reply to NM, will result in hearing of NM without reply.
    Earlier order to continue till next date.
    The case is adjourned to 22.11.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Court is on leave. Hence today board is discharged. Hence adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-01-2020
    
    Date: 15-01-2020
    Business: Adv. Mr. Tejas Dhotre for plaintiff present.
    Adv. Mrs. Chavhan for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 18.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-03-2020
    
    Date: 18-03-2020
    Business: Adv. Shrivastav for plaintiff.
    Adv. Ms. Chavan for Deft./MCGM present, prayed for adjd. to file reply.
    EOC to continue till next date.
    Matter is adjd. for n/m reply on 24.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-06-2020
    
    Date: 24-06-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Business: Adjd. to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-12-2020
    
    Date: 02-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: None for plff.
    Adv. Mrs. Tondwalkar for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjourned for NM reply on 16.03.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-07-2021
    
    Date: 29-07-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-09-2021
    
    Date: 18-09-2021
    Business: CORAM - H.H.J. SHRI S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv Dhotre for plaintiff present and tendered application for continuation of Earlier Order. Said application is t.o.r. and marked as Exh.4.
    Adv Mrs Mhatre for defendant / MCGM present and taken strong objection to continue earlier order.
    Heard both advocates at length on Exh.4. The record shows that on 19.12.2015, interim protection was given to the plaintiff and it was continued thereafter. Therefore, Earlier order is continue till next date.
    Adjd. To 11/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-11-2021
    
    Date: 11-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Ryan Shrivastava for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply  to 18.12.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-12-2021
    
    Date: 18-12-2021
    Business: Adv. Mr. Piter for plaintiff is present.
    Adv. Mr. Khandagale h/f Adv. Ms. Mhatre for Defendant/MCGM is present.
    Adv. for the defendant orally requested for time to file NM reply.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 11/01/2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: Adv. Mr. Niranjan h/f Adv. Rayn for plaintiff is present.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Adv. for defendant orally requested for time to file NM reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 22.02.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Adv. Mr. Tejas Dhotre for plaintiff is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present  orally requested for time to file NM reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 28.04.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-04-2022
    
    Date: 28-04-2022
    Business: Matter pertains to C.R.No.11.
    Adv. Ryan for the plaintiff present.
    Adv. Mhatre  for defendant/MCGM is present.
    Earlier Order, if any, to continue till the next date.
    Adjourned for  NM reply  to 12.07.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2022
    
    Date: 12-07-2022
    Business: Adv. Mr. Tejas Dhotre for the plaintiff is present.
    Adv. Ms. J.V. Mhatre 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 order against the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for no reply order to 06.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-09-2022
    
    Date: 06-09-2022
    Business: Adv. Mr. Petus for plaintiff is present.
    Adv. Mrs. J.V. Mhatre  for defendant/MCGM is present and requested for time to file reply. Sufficient time is already granted. Hence, this request is discarded and the matter is proceeded without reply and W/S.
    Adjourned for NM hearing (No Reply) to 11.10.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: None present for the plaintiff to proceed with the matter. Hence, the interim order stands vacated.
    Adv. Khandagale h/f Adv. J.V. Mhatre for defendant/MCGM is present.
    LO at 04:04 pm.
    Adv. Ryan Peters for the plaintiff is present and filed application for continuation of earlier Order. TOR. It is marked at Exh.05. He submitted that the plaintiff has not received the Speaking Order in this matter. He is also ready to proceed with the matter. O- Interim order continued till next date. The plaintiff is directed to argue on NM. In default, the NM would stand dismissed.
    Adjourned for NM hearing (No reply) (LN) to 04.11.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-11-2022
    
    Date: 04-11-2022
    Business: Adv. Ms. Vaidahi Musalkar for the plaintiff is present.
    Adv. Ms. J.V. Mhatre for defendants/MCGM is present and orally requested for time to argue on NM. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (no reply) to 07.01.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2023
    
    Date: 07-01-2023
    Business: Adv. Mr. Pusalkar for the plaintiff is present.
    None present for defendant/MCGM.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing to 27.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: Advocate Mr. Tejas Dhotre present for the plaintiff.
    Advocate Mrs. Chavan for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM Hearing to 03.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-04-2023
    
    Date: 03-04-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Ryan present for the plaintiff.
    Adv. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM for Hearing to 02.05.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-05-2023
    
    Date: 02-05-2023
    Business: Adv. Mr. Riyan Peters for the plaintiff is present.
    Adv. Mrs. Smita Chavan 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 to 04.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-07-2023
    
    Date: 04-07-2023
    Business: Adv. Mr. Tejas Dhotre for the plaintiff is present and requested for time to argue NM. Time is granted.
    Adv. Ms. S.S. Chavan for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 24.08.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-08-2023
    
    Date: 24-08-2023
    Business: Adv. Mr. Ryan Sheltoon Petus for the plaintiff is present and requested time to argue NM. The plaintiff is directed to file written submission on NM. In default, NM would stand dismissed.
    Adv. Mr. Khandagale h/f Adv. Ms. S.S. Chavan for defendant/ MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for written submission on NM to 26.09.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-09-2023
    
    Date: 26-09-2023
    Business: Adv. Mr. Rayan Petus for the plaintiff is present and filed written submissions on NM. TOR. O- Filed. Copy is supplied to the other side. Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/ MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 02.11.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-11-2023
    
    Date: 02-11-2023
    Business: Adv. Mr. Tejas Dhotre for the plaintiff is present.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 05.12.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-12-2023
    
    Date: 05-12-2023
    Business: Adv. Mr. Tejas Dhotre for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 20.01.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-01-2024
    
    Date: 20-01-2024
    Business: Adv. Mr. Riyan Peters for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing to 12.03.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-03-2024
    
    Date: 12-03-2024
    Business: None present for the plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present and requested time to argue the NM. Time is granted.
    Earlier order, if any, to continue till next date.
    Adjourned for NM hearing by defendant to 23.04.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-04-2024
    
    Date: 23-04-2024
    Business: Adv. Mr. Rayan Peters for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and filed written submissions on NM. Taken on record. O- Filed. Copy is supplied to the other side.
    Earlier order, if any, to continue till next date.
    Adjourned for short submissions, if any, on NM to 27.06.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-06-2024
    
    Date: 27-06-2024
    Business: None present for the plaintiff.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant/ MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for short submissions on NM to 01.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2024
    
    Date: 01-08-2024
    Business: Adv. Mr. Vikram Ahirrao h/f Adv. Mr. Dhotre for the plaintiff is present and requested for keeping back the matter. Considering todays board, his request is discarded.
    Adv. Mrs. S.R. Charatkar for defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjourned for short submissions on NM to 12.09.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-09-2024
    
    Date: 12-09-2024
    Business: Adv. Mr. Tejas Dhotre for the plaintiff is present and requested time for short submissions on NM. Sufficient time is already granted. Hence, time is granted strictly as last chance. In default, the suitable Orders to follow. Adv. Mr. S.R. Yadav for defendant/ MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for short submission on NM to 05.11.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: Adv. Mr. Vikram Aiwal for the plaintiff is present. On his say, the matter is kept back. Adv. Mrs. S.R. Charatkar a/w Mr. S.R. Yadav for defendant/MCGM is present.
    Later on 3.30 p.m.
    None present for the plaintiff. Rest appearance is as above. The NM is pending since long. Hence, the plaintiff is directed to proceed on NM positively on the next date. In default, the NM would stand dismissed. Earlier order, if any, to continue till next date.
    Adjourned for short submissions on NM, if any,/NM dismissal to 21.12.2024.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-12-2024
    
    Date: 21-12-2024
    Business: Adv. Mr. Riyan Peters for the plaintiff is present. Adv. Mrs. S.R. Charatkar for defendant/MCGM is present. The Court is busy in other urgent praecipe matters. Earlier order, if any, to continue till next date.
    Adjourned for short submissions on NM to 23.01.2025.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-01-2025
    
    Date: 23-01-2025
    Business: None present for the plaintiff. Adv. Mrs. Charatkar a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. Today matter is listed for short submissions on NM but none present for the plaintiff. Hence, matter is adjourned for NM dismissal. Earlier order, if any, to continue till next date.
    Adjourned for NM dismissal to 18.02.2025.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-02-2025
    
    Date: 18-02-2025
    Business: Adv. Mr. Tejas Dhotre for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present.
    Ld. for plaintiff pointed out plaintiff has filed written submissions but as per roznama dtd. 12.09.2024 matter is adjourned on requested of advocate for plaintiff for written submission. It appears that both parties have already filed written submissions on NM.
    Adjourned for NM Order to 13.03.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 13-03-2025
    
    Date: 13-03-2025
    Business: Adv. Mr. Vijaykumar Dhotre a/w Adv. Mr. Ahirwar for the plaintiff is present. Adv. Mrs. Sheetal Metakari a/w Adv. Mr. S.R. Yadav for defendant/BMC is present. The Court is busy in dictating Judgment Orders in SU No. 3258/14, NM 1856/2012 and Ch/s. No. 424/2025. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 17.03.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 17-03-2025
    
    Date: 17-03-2025
    Business: Adv. Mr. Tejas Dhotre a/w Adv. Mr. Vikram Ahirwar for the plaintiff is present. Adv. Mr. Botlawar for defendant/BMC is present. The Court is busy in hearing urgent matters. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 29.03.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 29-03-2025
    
    Date: 29-03-2025
    Business: Matter pertains to C. R. No. 11.
    Adv. Mr. Ahirwar for the plaintiff is present. Adv. Mr. Botlwar for defendant/MCGM is present. Earlier order, if any, to continue till next date.
    Adjourned for NM Order to 25.04.2025.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-04-2025
    
    Date: 25-04-2025
    Business: Adv. Mr. Dhotre a/w Ahirwar for the plaintiff is present. Adv. Mr. Botlawar a/w Adv. Mr. V.G. Shinde h/f Adv. Mrs. Metakari for defendant/BMC is present. F.R.S.R. Following Order is passed in NM No. 2034/2018. ORDER (i).The defendant/BMC is temporary restrained from implementing the impugned notice till decision of the suit. (ii).Notice of Motion No. 2034/2018, accordingly, disposed of.
    Adjourned for WS to 10.06.2025.
    Nature Of Disposal: ALLOWED
    Disposal Date: 25-04-2025

    Additional Case Details

    Additional Case Details
    Filing Number: 107118/2018
    Filing Date: 04-06-2018
    First Hearing Date: 20th August 2018
    Decision Date: 25th April 2025
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    25 Apr 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010066352018) 1 Notice of Motion No. 2034/2018 in L.C. Suit No. 2935/2015. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2034 OF 2018. IN L.C. SUIT NO. 2935 OF 2015. Farida Hussain Shah Patel………………………….. …. PLAINTIFF. V/s. MCGM. ....………………………………………........ …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE. (Court Room No.11). DATED : 25th April, 2025. APPEARANCES : Mr. Tejas Dhotre a/w Mr. Ahirwar, the Ld. Advocate for Plaintiff.…

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    Order 1Full order available
    25 Apr 2025

    Order Details: Notice of Motion Pdf Text: (CNR No.: MHCC010066352018) 1 Notice of Motion No. 2034/2018 in L.C. Suit No. 2935/2015. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2034 OF 2018. IN L.C. SUIT NO. 2935 OF 2015. Farida Hussain Shah Patel………………………….. …. PLAINTIFF. V/s. MCGM. ....………………………………………........ …. DEFENDANT. CORAM : SHRI. S.H. SALUNKHE. (Court Room No.11). DATED : 25th April, 2025. APPEARANCES : Mr. Tejas Dhotre a/w Mr. Ahirwar, the Ld. Advocate for Plaintiff.…

    Read Full Order

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