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NOTICE OF MOTION

Premraj Chhaganlal Padiyar - Suit St. No. 7049 of 2019VsMCGM And Ors

CNR MHCC0100685620198-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 11th October 2021

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102492/2019
Registration Date
06 Jul 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: 01-08-2019
    Business: Adv. Jaydeep Thakkar for plaintiff present and tendered original registered NM No. 2492/19 with affidavit.   TOR.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    On oral request of ld adv for def., adjournment granted.
    Plff is directed to register suit on or before next date.
    Earlier order, if any, to continue till next date.
    Adjd to 24.09.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-12-2019
    
    Date: 10-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-02-2020
    
    Date: 27-02-2020
    Business: Adv.Thkkar for plaintiff present and tendered original ch/s
    330/2020along with affidavit in support. t.o.r. and also
    tendered draft NM along with affidavit in support. Leave to
    register is granted for NM.
    Copy is served to other side.
    Adv. Mrs. Hajare for MCGM/Deft. present and given say on ch/s
    330/2020.
    KB L.O.
    Heard both side.
    Order on ch/s 330/2020
    Plaintiff has moved ch/s for carrying out certain amendments regarding consequential events which took place after institution of suits.
    Perused ch/s along with reply filed by corporation. It is stated that intention of plaintiff to challenge TSE report by way of this ch/s is not maintainable which will change nature of suit.
    Heard both side.
    It is admitted fact that TSE report is filed on record. Which is material documents for adjudication of dispute on merit. If ch/s is allowed it will not change character and nature of suit.
    Accordingly I pass the following order-
    1.   The prayer made in ch/s (b ) made absolute.
    2.   Plaintiff to carried out amendment within two weeks.
    Earlier order, if any, to continue till next date.
    Matter adjd to 07.03.2020  for compliance/ service.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-03-2020
    
    Date: 07-03-2020
    Business: None for plaintiff.
    Adv. Ms. Patil for MCGM/Defendant present.
    Matter adjd to 09.06.2020 for compliance.
    L.O.
    Adv. Thakkar for plaintiff present.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    Earlier order, if any, to continue till next date.
    Matter adjd to07.04.2020 for compliance/NM reply.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    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: COMPLIANCE
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Business: /home/ubuntu/Desktop/Please do careful
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Adjd to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-09-2020
    
    Date: 17-09-2020
    Business: Adjd to
    Next Purpose: COMPLIANCE
    Next Hearing Date: 24-11-2020
    
    Date: 24-11-2020
    Business: Adjourned due to Covid-19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-12-2020
    
    Date: 10-12-2020
    Business: None for plaintiff.
    Adv. Ms. Hazare for deft/MCGM present and filed common reply to NM No.1029/2020 and NM No.2492/2019. TOR. She also tendered list of documents. TOR. marked at Exh.3. Copies thereof be served to other side.
    Plaintiff is directed to tender original registered NM No.1029/2020 on next date.
    Earlier order, if any, to continue till next date.
    Matter adjd to 22/12/2020 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-12-2020
    
    Date: 22-12-2020
    Business: Earlier order, if any, to continue till next date.
    Matter adjd to 19/01/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Court is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-02-2021
    
    Date: 09-02-2021
    Business: Earlier order, if any, to continue till next date.
    Matter adjd to 04/03/2021 for Ch/s Reply and NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-03-2021
    
    Date: 04-03-2021
    Business: Matter adjd to 18/03/2021 for NM and Ch/s Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-03-2021
    
    Date: 18-03-2021
    Business: Adv. J. Thakkar for plaintiff present.
    Adv. Ms. Hazare for deft/MCGM present.
    Heard both sides on Ch/s No.301/2021.
    It is submitted by advocate for plaintiff that TAC report has considered once structural audit report without informing to the plaintiffs. The plaintiff got some additional documents by way of RTI subsequently the material information which got by the plaintiff subsequently is needs to be incorporated in the body of the plaint. Certainly would not change character and nature of suit. The Schedule of amendment transpires subsequent event and additional information after TAC reports.
    Adv. for deft/Corporation submitted that this is delay tactics by plaintiff.
    Hence Order :-
    Order On Ch/s No.301/2021
    1)      The Chamber summons No. 301 of 2021 is allowed and made absolute in terms of prayer clause (a) only.
    2)      Plaintiff is directed to carry out amendment within two weeks from today.
    Earlier order, if any, to continue till next date.
    Matter adjd to 08/04/2021 for Compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-04-2021
    
    Date: 08-04-2021
    Business: Adv. Poonam Pal h/f. Adv. Jaydeep Thakkar for Plainitff present.
    Adv. Chavan h/f. Adv. Hajare for defendant/MCGM is present.
    Plaintiff is directed to serve the copy of amended Plaint upon defendants.
    Earlier order, if any, to continue till next date.
    Matter adjd to 06/05/2021 for compliance(service of copy of amended Plaint upon defendants).
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 06-05-2021
    
    Date: 06-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: Due to Covid-19 pandemic
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-08-2021
    
    Date: 03-08-2021
    Business: Plaintiff nos.1,6-A, 9 and 11 are present. Their advocate absent.
    Adv Smita Chavan for defendant / MCGM present.
    Mr Devendra Pawar, Jr. Engineer, (B and F Dept.), T-Ward, MCGM present.
    K.B. till 4.00 p.m.
    L.O. at 4.30 p.m.
    Adv Jaydeep Thakkar for plaintiff\''s present and filed compilation of documents in NM NO.1029/2019 and NM NO.2492/2020. TOR as Exh.6. Copy is supplied to the advocate for defendant / MCGM.
    Heard partly arguments in NM NO.1029/2019 and NM NO.2492/2020 by advocate for plaintiff.
    As court time is over, matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 10/08/2021 for further argument in NM NO.1029/2019 and NM NO.2492/2020 by plaintiff.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: Representative for plaintiff\''s advocate is present. Advocate for plaintiff absent.
    Adv Smita Chavan for defendant / MCGM is present.
    K.B.
    L.O. at 4.15 p.m.
    Adv Jaydeep Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM is present.
    Partly heard the argument of advocate for plaintiff on NM.
    As court time is over, matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 13/08/2021 for NM hearing (P.H.)
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-08-2021
    
    Date: 13-08-2021
    Business: Representative of plaintiff\''s advocate present. Advocate for plaintiff is absent.
    Adv Mrs Tondwalkar h/f Adv Smita Chavan for defendant / MCGM is present.
    K.B.
    L.O. at 5.00 p.m.
    Adv Thakkar for plaintiff present and requests for time to argue further on ad-interim reliefs. Time is granted till next date.
    Earlier order, if any, to continue till next date.
    Adjd. To 20/08/2021 at 1.00 p.m. for further argument by advocate for plff on ad-interim reliefs.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-08-2021
    
    Date: 20-08-2021
    Business: Advocate Thakkar  for the plaintiff present.
    Adv. Tondwalkar for BMC present.
    Due to paucity of time and as this Court having charge of C.R. No.09 and C.R. No.11, this matter is adjourned till next date.
    Earlier order, if any, to continue till next date.
    Matter is adj. to 24/08/2021 for further argument by advocate for plaintiff on ad-interim reliefs.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. NO.08)
    Plaintiff no.6-A present.
    Adv for plaintiff absent.
    Adv Smita Chavan for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 26/08/2021 for further argument of advocate for plaintiff on ad-interim reliefs.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 26-08-2021
    
    Date: 26-08-2021
    Business: CORAM  H.H.J. SHRI K.P. KSHIRSAGAR, (C.R.NO.05)
    (Matter pertains to C.R. NO.08)
    Plaintiff No. 6 -A present. Adv. for Plaintiff is absent.
    Adv. Mrs. Smita Chavan for Defendant/MCGM is present.
    Earlier order, if any, to continue till next date.
    Adjd. to 30/08/2021 for further argument of advocate for plaintiff on ad-interim reliefs.
    Next Purpose: HEARING
    Next Hearing Date: 30-08-2021
    
    Date: 30-08-2021
    Business: Adv Jaydeep Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    Heard further argument by advocate for plaintiff on ad-interim reliefs.
    Earlier order, if any, to continue till next date.
    Adjd. To 04/09/2021 for argument of advocate for defendant / MCGM.
    Next Purpose: HEARING
    Next Hearing Date: 04-09-2021
    
    Date: 04-09-2021
    Business: None for plaintiff.
    Adv Smita Chavan for defendant / MCGM present.
    K.B.
    L.O. at 4.20 p.m.
    Adv Namita Shelke h/f Adv Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present and tendered list of documents, t.o.r. and marked as Exh.6. Copy is served to the plaintiff.
    Mr Devendra Pawar, Jr. Engineer, B and F, T-Ward, MCGM present.
    Heard Ld Adv for defendant / MCGM in NM No.1029/20 and 2492/19.
    Earlier order, if any, to continue till next date.
    Adjd. To 07/09/2021 for rejoinder argument on plaintiff in both NM.
    Next Purpose: REJOINDER
    Next Hearing Date: 07-09-2021
    
    Date: 07-09-2021
    Business: Adv Namita Shirke h/f Adv Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    Plaintiff has filed adjournment application, TOR and marked as Exh.7.
    O- Allowed.
    Earlier order, if any, to continue till next date.
    Adjd. To 09/09/2021 for rejoinder argument on plaintiff in both NM.
    Next Purpose: REJOINDER
    Next Hearing Date: 09-09-2021
    
    Date: 09-09-2021
    Business: Adv Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 16/09/2021 for rejoinder argument on plaintiff in both NM.
    Next Purpose: REJOINDER
    Next Hearing Date: 16-09-2021
    
    Date: 16-09-2021
    Business: Adv Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    Heard both sides in NM No.1029/2020 and NM NO.2492/2019.
    Earlier order, if any, to continue till next date.
    Adjd. To 21/09/2021 for order on NM No.1029/2020 and NM NO.2492/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 21-09-2021
    
    Date: 21-09-2021
    Business: Adv Namita Shirke h/f Adv Jaydeep Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd. To 30/09/2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Adv Miss Namita Shirke h/f Adv Jaydeep Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    As Court is busy in dictating order in NM in Suit Nos.643/2019, 938/2019 and 939/2019, hence this matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 08/10/2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: Adv Namita Shirke h/f Adv Thakkr for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    As Stenographer is not available today, hence matter is adjourned.
    Earlier order, if any, to continue till next date.
    Adjd. To 11/10/2021 for NM order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-10-2021
    
    Date: 11-10-2021
    Business: Adv Namita Shirke h/f Adv Thakkar for plaintiff present.
    Adv Smita Chavan for defendant / MCGM present.
    K.B.
    L.O. at 5.00 p.m.
    F.R.S.R. Following order is passed on NM NO.1029/2020 and NM NO.2492/2020 -
    COMMON ORDER ON  NM NO.1029/2020 and 2492/2020
    1. Prayer clause (a) and (b) of NM NOS.1029/2020 and NM NOS.2492/2020 is rejected.
    2.  NM NOS.1029/2020 and NM NOS.2492/2020 stands disposed off accordingly.
    Nature Of Disposal: OTHER
    Disposal Date: 11-10-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 107335/2019
    Filing Date: 06-07-2019
    First Hearing Date: 01st August 2019
    Decision Date: 11th October 2021
    Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Oct 2021

    Order Details: Notice of Motion Pdf Text: N/M 2492/19 AND 1029/2020 1 IN SU 2514/19 IN THE CITY CIVIL COURT FOR GREATER BOMBAY AT MUMBAI. NOTICE OF MOTION 2492 OF 2019 (CNR NO.MHCC01-006856-2019) AND NOTICE OF MOTION 1029 OF 2020 (CNR NO.MHCC01-002917-2020) IN S.C. SUIT NO.2514 OF 2019 (CNR NO.MHCC01-006548-2019) Premraj Chhaganlal Padiyar and Ors. ]... Plaintiffs Versus The Municipal Corporation of Greater Mumbai and Ors. ]...Defendants Ld. Adv. Thakkar for the Plaintiffs Ld. Adv. Smita Chavn for defendant /MCGM.…

    Read Full Order

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