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NOTICE OF MOTION

Brahmajyoti B wing Mirani Tenants Association +2 moreVsMCGM

CNR MHCC0100691020184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 24th October 2024

TrustJury record updated 13 Sept 2026

Case Overview

Registration Number
102136/2018
Registration Date
11 Jun 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 12-06-2018
    Business: Adv. Ms. Neha Pande for Plaintiff present and tendered original N/M No. 2135/18 and 2136/18.
    Adv. Ms. Kamble for defendant / BMC present.
    K.B.
    L.O.
    Adv. Mrs. Narvekar for plff. present. She requested time to argue N/m. Adjournment granted as a last chance.
    O-Earlier order to continue till next date.
    Adjd. to 19.06.2018 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2018
    
    Date: 19-06-2018
    Business: Adv. Mr. Ashok Sarogi for plaintiff present.
    Adv. Ms. Kamble for BMC present.
    Advocate for plaintiff filed additional affidavit in support of N/M
    no. 2136/18.
    Heard both the sides on N/M no. 2134/18, 2135/18 and 2136/18.
    Earlier order to continue till next date.
    Adjd to 4.7.2018 for order.
    Next Purpose: ORDER
    Next Hearing Date: 04-07-2018
    
    Date: 04-07-2018
    Business: Adv. Ms. Narvekar for plff presen.
    Adv. Mr. Giri for defendant / BMC present.
    O -Earlier order to continue till next date.
    Adjd. to 16.07.2018 for order on N/m.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 25-07-2018
    
    Date: 25-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    
    Date: 08-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM  ORDERS
    Next Hearing Date: 18-08-2018
    
    Date: 18-08-2018
    Business: Court is on leave. Hence matter is adjourned.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-08-2018
    
    Date: 30-08-2018
    Business: Adv. Bansode for plaintiff present.
    Adv. Kamble  for defendant no. / BMC present.
    Earlier order to continue till next date.
    Matter adjd. to 11.9.18 for Nm hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Matter adjd. to 9.10.18 for NM Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2018
    
    Date: 09-10-2018
    Business: Adv. Ravindra Singh for plaintiff present.
    Adv. Kamble for defendant no. / BMC present.
    Earlier order, if any, to continue till next date.
    Matter adjd. to 13.11.18 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-11-2018
    
    Date: 13-11-2018
    Business: Adv Mrs.Narvekar for plff present.
    Adv Mrs.Kamble for BMC/deft present.
    Earlier order, if any, to continue till next date.
    Adjd to 11/12/2018 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-12-2018
    
    Date: 11-12-2018
    Business: Adv Ravindra Singh for plff present and tendered draft NM alongwith affidavit. It is TOR.
    Order - Leave is granted to register NM.
    Adv Mrs.Vyavhare for BMC/deft present.
    Earlier order, if any, to continue till next date.
    Adjd to 29/01/2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-01-2019
    
    Date: 29-01-2019
    Business: Adv Ravindra Singh for plff present.
    Adv Ashok Chandramani with adv Mhatre for BMC/deft. present
    Original NM No.74/19 alongwith affidavit tendered by plff. It is TOR.
    Earlier order, if any, to continue till next date.
    Adjd to 14/03/2019 for NM reply and hearing.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv. Mr. Narendra Singh for Plff present.
    Adv. Mr. Ashok Chandramani with Mrs. Mhatre for MCGM/deft. present and tendered reply to N/M No.2135/18.
    Copy is served to otherside.
    Earlier order, if any, to continue till next date.
    Adjd to 26/4/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: Adv. Ms. Neha Pandey for Plff present.
    Counsel Mr. Ashok Chandramani with Adv. Mrs. Vyavhare h/f Adv. Mhatre for MCGM/Deft present.
    On oral request of advocate for Plff, adjournment granted.
    Earlier order, if any, to continue till next date.
    Adjd to 16/7/2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: (Incharge Court of C.R. No.8)
    Adv. Neha Pande for Plaintiff present.
    Counsel Mr. Ashok Chanduramani with Adv. Mrs. Hajare for Defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd to 23/08/2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-08-2019
    
    Date: 23-08-2019
    Business: (Incharge Court of C.R.No.8)
    Adv. Mrs. Narvekar for Plaintiff present.
    Counsel Adv. Mr. Ashok Chandiramani for  Defendant/MCGM present.
    Earlier order, if any, to continue till next date.
    Adjd to 15.10.2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2019
    
    Date: 15-10-2019
    Business: Adjd to 07.01.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Ms. Narvekar for plaintiff present.
    Adv. Ms. Hajare for defendant/MCGM present and tendered reply to NM 74/19.
    Copy is served to adv. for Plaintiff.
    Earlier order to continue till next date.
    Adjd. for N/M hearing to 18/2/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: Adv. Neha Pandye  for plaintiff present.
    Adv. Mrs. Hajare for MCGM/Deft. present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Earlier order, if any, to continue till next date.
     Matter adjd to 13.03.2020 for rejoinder/hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2020
    
    Date: 13-03-2020
    Business: Adv. Sarogi  for plaintiff present and tendered rejoinder in NM 74/19 and NM No.2135/18. Copies are served to other side.
    Adv. Ashok Chanduramani with Adv.Hajare for defendant present.
    Earlier order, if any, to continue till next date.
     Matter adjd to 15.04.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    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 FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Business: due to lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-09-2020
    
    Date: 16-09-2020
    Business: Adv.Mr.Tiwari for plaintiff present.
    None for defendants/MCGM.
    Matter adjd to 19/09/2020 for order on NM No.2134/18,
    2135/18 and 74/19.
    L.O.
    Adv. Mr. Abhijeet Mangade for Defendant/MCGM present and
    tendered Affidavit in support of Documents of Defendants. T.O.R.
    Copy is served to otherside.
    Mr. Devendra V. Pawar, J/E, (B and F), T/Ward, MCGM present.
    Already adjd to 19/09/2020 for order on NM No.2134/18,
    2135/18 and 74/19.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 19-09-2020
    
    Date: 19-09-2020
    Business: Adv.Gopal Jetly for plaintiff present.
    Adv.Abhijeet Mangade for MCGM \''T\'' Ward present
    Perused  Application and say filed by defendant.
    Heard both side.
    The application is allowed and order passed accordingly in main order of NM No.2134/2018.
    
                            Order in NM No.2134/2018.
    1.  Ad-interim is rejected being devoid of merits.
    2.  The BMC shall no take any coercive action against suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
    3.  The protection period will not be extended further more.
    Authenticated copies be given to the both parties.
                              Order in NM No.74/2019
    1.  Ad-interim is rejected being devoid of merits.
    2.  The BMC shall no take any coercive action against suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
    3.  The protection period will not be extended further more.
    Order in NM No.2135/2018
    1.  Ad-interim is rejected being devoid of merits.
    2.  The BMC shall no take any coercive action against suit structure for next three weeks from today in order to file appeal before Hon\''ble High Court.
    3.  The protection period will not be extended further more.
    Authenticated copies be given to the both parties.
    Matter adjd to 15.10.2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2020
    
    Date: 15-10-2020
    Business: None for Plaintiff.
    Adv. Mrs. Smita Chavan h/f. Adv. Hajare for Defendant/MCGM present.
    Matter adjd to 23/10/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Business: None for Plaintiff.
    Adv. Mrs. Smita Chavan h/f. Adv. Mrs. Hajare for Defendant/MCGM
    present.
    Matter adjd to 26/11/2020 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-11-2020
    
    Date: 26-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-01-2021
    
    Date: 12-01-2021
    Business: Adv. Ms. Neha Pandey h/f Adv. Mr. A. M. Saraogi for plaintiff present.
    Adv. Mrs. Hajare for deft/MCGM present.
    Matter adjd to 23/03/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: Matter adjd to 10/06/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-06-2021
    
    Date: 10-06-2021
    Business: Due to Covid-19 pandemic, matter is adjourned.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-07-2021
    
    Date: 27-07-2021
    Business: Due to Covid-19.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: HHJ is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-10-2021
    
    Date: 12-10-2021
    Business: Adv Narvekar h/f Adv Saraogi for plaintiff present and requests for time to argue on NM.
    Time is granted till next date.
    Adv Smita Chavan for defendant / MCGM present.
    Adjd. To 14/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: Adv Sana Khan h/f Adv A.M. Saraogi for plaintiff present and requests for time to argue on NM.
    Time is granted till next date.
    Adv Reshma Gaikwad h/f Adv Abhijit Mangle with Adv Smita Chavan for defendant / MCGM present.
    Adjd. To 03/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-03-2022
    
    Date: 03-03-2022
    Business: Adv Ravindra Singh h/f Adv A.M. Saraogi for plaintiff present and requests for time to argue on NM.
    Time is granted till next date.
    Adv Mrs Rawade h/f Adv Chavan for defendant / MCGM present.
    Adjd. to 19/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2022
    
    Date: 19-03-2022
    Business: Adv. Mayur Parwani h.f. Adv. A.M. Saraogi for plaintiff present.
    None for Defendant/MCGM, T/Ward.
    Adjd. To 26/04/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2022
    
    Date: 26-04-2022
    Business: None for plaintiff.
    Adv. Chavan for deft/MCGM present.
    Adjd. To 11/08/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. Ravindra Singh h/f Adv. A. M. Saraogi for plaintiff present and requested time to argue on N/M. Time is granted till next date.
    Adv. Supriya Landge h/f Adv. Abhijit Mangade with Adv. Mrs. Chavan for defendant/ BMC is present.
    Adjd. to 20/09/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade h/f Adv. Mrs. Chavan for defendant/ BMC is present.
    Adjd. to 22/11/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    Adjd. to 09/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 22-11-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ BMC is present.
    Adjd. to 09/02/2023 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2023
    
    Date: 09-02-2023
    Business: None for plaintiff\''s.
    Adv Mrs Smita Chavan for defendant / MCGM present.
    Adjd. to 18/04/2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: None for plaintiff.
    Adv. Ms. Mhatre for Defendant/BMC present.
    It appears from record that N.M. No.2136/18 is pending for hearing since 19/06/2018.The roznama shows that since last three dates none appeared for plaintiff hence, matter kept for dismissal of N.M.
    Adjd. to 27.04.2023 for Hearing/dismissal of N.M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-04-2023
    
    Date: 27-04-2023
    
    Date: 15-10-2024
    Next Purpose: C/S  HEARING
    Next Hearing Date: 24-10-2024
    
    Date: 24-10-2024
    Business: As per roznama dated 15.10.2024, NM No. 2136/2018 is disposed of.
    CORAM  H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 ) dtd 15.10.2024
    Advocate Neha Pande  for plaintiff present.
    Advocate Metakari  for defendant/BMC present.
    F.R.S. R. following order is passed in Notice of Motion No. 2136/2018
    ORDER
    1. Notice of Motion is hereby allowed.
    2.The order dated 27.03.2018 dismissing in default Chamber summons No. 291/2018 is set aside.
    3. Chamber summons be restored to its original number.
    Adjd  to 12.11.2024  for Ch/s hearing
    Nature Of Disposal: ALLOWED
    Disposal Date: 24-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 107604/2018
    Filing Date: 11-06-2018
    First Hearing Date: 12th June 2018
    Decision Date: 24th October 2024
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    6
    Final Order 3
    24 Oct 2024
    Order Details: Other
    Pdf Text: 47 Dt:15.10.2024
    SU 271/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Neha Pande for plaintiff present.
    Advocate Metakari for defendant/BMC present.
    F.R.S. R. following order is passed in Notice of Motion No.
    2136/2018
    ORDER
    1. Notice of Motion is hereby allowed.
    2.The order dated 27.03.2018 dismissing in default
    Chamber summons No. 291/2018 is set aside.
    3. Chamber summons be restored to its original number.
    Adjd to 12.11.2024 for Ch/s hearing
    Judge
    -- 1 of 1 --
    Interim Order 2Full order available
    15 Oct 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M. No.2136/18 (L.C.S. No.271/18) MHCC010069102018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION No.2136 OF 2018 IN LONG CAUSE SUIT No.271/2018 Brahmajyoti B-Wing Mirani Tenants Association (Proposed) & Ors. … Plaintiffs - Versus - Municipal Corporation for Greater Mumbai ... Defendant Appearance :- Ms. Panday h/f. Mr. Saraogi, Advocates for plaintiffs. Mrs. Waghmare, Advocate for defendant/M. C. G. M. CORAM : S. H. SALUNKHE, AD-HOC JUDGE CITY CIVIL…

    Read Full Order
    Interim Order 1
    27 Apr 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0102136/2018
    1.Brahmajyoti B wing Mirani Tenants Association 2.Nilesh Bhavanji Katira
    3.Bhupendra H.Ruparel Vs MCGM
    Date : 27-04-2023
    Business : None for plaintiffs. Adv. Mhatre for defendant /
    BMC is present. N/M no. 2136/2018 is pending
    since June-2018 for hearing, roznama shows that
    neither plaintiff nor his advocate remains present.
    Therefore on previous date matter was adjourned
    and kept for dismissal of NM. Even today none
    appeared for plaintiff, this shows that plaintiff is not
    interested to proceed with the NM. Therefore I have
    no option but to dismiss NM for want of
    prosecution. Hence, following order is passed-
    ORDER Notion of Motion no.2136/2018 is
    dismissed for default.
    Nature of Disposal : DISMISSED
    Disposal Date : 27-04-2023
    COURT 04 AD-HOC ASST SESSIONS JUDGE
    -- 1 of 1 --
    Order 3
    24 Oct 2024
    Order Details: Other
    Pdf Text: 47 Dt:15.10.2024
    SU 271/18
    CORAM : H.H.J. SHRI S.H. SALUNKHE ( C.R. No. 04 )
    Advocate Neha Pande for plaintiff present.
    Advocate Metakari for defendant/BMC present.
    F.R.S. R. following order is passed in Notice of Motion No.
    2136/2018
    ORDER
    1. Notice of Motion is hereby allowed.
    2.The order dated 27.03.2018 dismissing in default
    Chamber summons No. 291/2018 is set aside.
    3. Chamber summons be restored to its original number.
    Adjd to 12.11.2024 for Ch/s hearing
    Judge
    -- 1 of 1 --
    Order 2Full order available
    15 Oct 2024

    Order Details: Notice of Motion Pdf Text: 1 N/M. No.2136/18 (L.C.S. No.271/18) MHCC010069102018 IN THE BOMBAY CITY CIVIL COURT AT GREATER MUMBAI NOTICE OF MOTION No.2136 OF 2018 IN LONG CAUSE SUIT No.271/2018 Brahmajyoti B-Wing Mirani Tenants Association (Proposed) & Ors. … Plaintiffs - Versus - Municipal Corporation for Greater Mumbai ... Defendant Appearance :- Ms. Panday h/f. Mr. Saraogi, Advocates for plaintiffs. Mrs. Waghmare, Advocate for defendant/M. C. G. M. CORAM : S. H. SALUNKHE, AD-HOC JUDGE CITY CIVIL…

    Read Full Order
    Order 1
    27 Apr 2023
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0102136/2018
    1.Brahmajyoti B wing Mirani Tenants Association 2.Nilesh Bhavanji Katira
    3.Bhupendra H.Ruparel Vs MCGM
    Date : 27-04-2023
    Business : None for plaintiffs. Adv. Mhatre for defendant /
    BMC is present. N/M no. 2136/2018 is pending
    since June-2018 for hearing, roznama shows that
    neither plaintiff nor his advocate remains present.
    Therefore on previous date matter was adjourned
    and kept for dismissal of NM. Even today none
    appeared for plaintiff, this shows that plaintiff is not
    interested to proceed with the NM. Therefore I have
    no option but to dismiss NM for want of
    prosecution. Hence, following order is passed-
    ORDER Notion of Motion no.2136/2018 is
    dismissed for default.
    Nature of Disposal : DISMISSED
    Disposal Date : 27-04-2023
    COURT 04 AD-HOC ASST SESSIONS JUDGE
    -- 1 of 1 --

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