Skip to main content
NOTICE OF MOTION

Kesar Baug Trust - Applicant - Habib Esmail Educational TrustVsMCGM

CNR MHCC0100711420195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED IN DEFAULT
Decision Date: 31st January 2023

TrustJury record updated 21 Sept 2026

Case Overview

Registration Number
102589/2019
Registration Date
11 Jul 2019

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: 15-07-2019
    Business: CORAM - HHJ Shri. R.V. Kokare (CR 6) incharge court of CR 5 Adv. for plaintiff is present and filed reply to C.S. Adv. Mr. Bharat Choudhary for applicant present and filed registered C.S. no. 1276 of 2019 and also filed registered NM no. 2589 of 2019. Adv. Ms. Rawade for Defendant present.  Adjd for NM reply/hearing to 16.7.2019
    Next Purpose: REPLY
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: CORAM - HHJ Shri. R.V. Kokare (CR 6) incharge court of CR 5 Adv. Hardik Desai for plaintiff is present . Adv. Bharat Choudhary for applicant present.  Adv. Rawade for defedant present.  Heard arguments of Mr. Bharat Choudhary on C.S. no. 1276 of 2016. Adjd for NM hearing to 17.07.2019
    Next Purpose: REPLY
    Next Hearing Date: 17-07-2019
    
    Date: 17-07-2019
    Business: CORAM - HHJ Shri. R.V. Kokare (CR 6) incharge court of CR 5 Adv. P.D. Gandhi a/w Mr. Hardik Desai for plaintiff is present.  None present for defendant. Adv. for applicant present.  Heard arguments of Mr. P.D. Gandhi on C.S. no. 1276/2016.  Adjd for C.S. order to 20-07-2019
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 20-07-2019
    
    Date: 20-07-2019
    Business: CORAM - HHJ Shri. R.V. Kokare (CR 6) incharge court of CR 5 Adv. for plaintiff present.  Adv. Rawade for defendant present and filed reply to NM. Adv. for applicant present.  FRSR the following order is passed on C.S. no. 1276/2019 ORDER 1. C.S. No. 1276/2019 is hereby allowed as prayed for.  2. The plaintiff and its adv. are directed to carry out the amendmend by adding applicant as defendant no.3 within stipulated period.  3. C.S no. 1276 of 2019 is disposed off accordingly.  Adjd for NM hearing to 23-07-2019
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-07-2019
    
    Date: 22-07-2019
    Business: CORAM - HHJ Shri. R.V. Kokare (CR 6) incharge court of CR 5 Adv. Mr. Hardik Desai for plaintiff present and filed application for matter taken on todays board. O- allowed.  Adv. Rawade for defendant absent.  Adv. for plaintiff filed application t.o.r. O- put up on date fixed.  Adjd to 23-07-2019 for NM hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2019
    
    Date: 23-07-2019
    Business: Adv.Mr.Kaustubh Pandey for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Ld.Adv.for Plaintiff seeks time to argue the notice of motion. It is also contended that the Plaintiff seeks to challenge the order passed in the chamber summons for adding party. It is made clear that adjournment would not be granted on next date at any pretext.
    Matter adjd to 30.07.2019 for NM hearing.
    LO
    Adv.Salman Shaikh for deft.3 present.
    Adv.of deft.No.3 filed draft notice of motion a/w. Affidavit t.o.r. O-Leave granted to register draft notice of motion.
    Matter adjd to 30.07.2019 for NM reply and hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2019
    
    Date: 30-07-2019
    Business: Adv.Ms.Indira Bhushan for plaintiff present.
    Adv.Smt.Rawade for defendant/MCGM present.
    Adv.Ms.Shahista Pathan for Deft.no.3 present.
    Heard Adv.Smt.Rawade.
    Matter adjd to 31.07.2019 for Argument of plaintiff and Deft.3.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2019
    
    Date: 31-07-2019
    Business: Adv.Mr.P.D.Gandhy for plaintiff present.
    Adv.Mr.Vikram Walawalkar a/w. Adv.Smt. Rawade for defendant/MCGM present.
    Adv.Shahista Pathan for deft.3 present and tendered NM No.2797/19 a/w. Affidavit t.o.r.
    Heard Ld. Adv.for the Plaintiff.It is submitted that the demolition of the notice structure is initiated by the defendant/corporation on 31.07.2019 at 10.45 am. The Ld. advocate for the Corporation states that he has no instructions regarding the demolition. He informs that he would take instructions and inform the Court accordingly. The Ld. Advocate for the Plaintiff contends that the Plaintiff intends to initiate appropriate proceeding in respect of violation of the order of the Court.
    Put up on 02.08.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2019
    
    Date: 02-08-2019
    Business: Adv.Mr.P.D.Gandhy for plaintiff present.
    Adv.Mr.Vikram Walawalkar a/w. Adv.Mr.Pradeep Patil for defendant/MCGM present.
    Adv.Shahista Pathan for deft.3 present.
    Adv.of Plaintiff filed NM No.2901/19 a/w. Affidavit t.o.r.
    Ld. Adv.Mr.Vikram Walawalkar on behalf of corporation submits that he has to file report in respect of alleged demolition. He seeks time. Time granted as last chance.
    Matter adjd to 06.08.2019 for Report.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2019
    
    Date: 06-08-2019
    Business: Adv.Indira Bhushan for plaintiff present.
    Adv.Mr.Vikram Walavalkar for defendant present.
    Adv.Ms.Pankti Dedhia for Deft.3 present.
    Adv.of Plaintiff filed Contempt NM No.1901/19 a/w. Affidavit.
    Plaintiff to take steps.
    Matter adjd to 03.09.2019 for Steps.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 03-09-2019
    
    Date: 03-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: REPLY
    Next Hearing Date: 01-10-2019
    
    Date: 01-10-2019
    Business: Plaintiff absent and Adv. Ms. Indira Bhushan present and filed draft chamber summons alongwith affidavit t.o.r.
    Order- Leave granted. Chamber Summons be register.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Adv. Mr. J. N. Shroff for defendant present and filed draft notice of motion alongwith affidavit t.o.r.
    Order- Leave granted. Notice of motion be register.
    Matter adjd to 07/11/2019 for reply on n.m and ch/s.
    Next Purpose: REPLY
    Next Hearing Date: 07-11-2019
    
    Date: 07-11-2019
    Business: Plaintiff absent and advocate present.
    Adv. Mrs. Dhuri  for defendant/MCGM present.
    Matter adjd to 23/11/2019 for reply.on n.m.
    Next Purpose: REPLY
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Adv.Dubey For plaintiff present.
    Plaitiff absent
    Adv. Shroff For defendant present.
    defendant absent
    Adv. Dubey tendered Chamber summons.
    Matter adjd to 21/12/2019 for say of defendant and argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 21-12-2019
    
    Date: 21-12-2019
    Business: As Court is on leave.
    Matter is adjd to 14.01.2020 for Arguements
    Next Purpose: ARGUMENTS
    Next Hearing Date: 14-01-2020
    
    Date: 14-01-2020
    Business: Adv. Ms. Preet Chawala  for plaintiff present
    Adv. Mr. Vikram Walawalkar with Adv. Mrs. Rawade for defendant MCGM Present
    Adv. Ms. Defendant no.3 present.
    Mater is adjd to 11.02.2020 for argument.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 11-02-2020
    
    Date: 11-02-2020
    Business: Adv. Ms. Indira Bhushan for plaintiff present.
    Adv. Mrs. Rawade for MCGM/deft present.
    Earlier order if any to continue till the next date.
    Matter is adjd to 12/03/2020 for reply on ch/s
    and hrg. on n.m.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-03-2020
    
    Date: 12-03-2020
    Business: Plaintiff and Adv. absent.
    Adv. Mrs. Rawade for MCGM/deft present.
    Matter is adjd to 16/04/2020 for argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-04-2020
    
    Date: 16-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 05-05-2020
    
    Date: 05-05-2020
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-05-2020
    
    Date: 27-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 12-06-2020
    
    Date: 12-06-2020
    Business: covid adjournment
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Business: covid adjournment
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-07-2020
    
    Date: 04-07-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 11-09-2020
    
    Date: 11-09-2020
    Business: None present for Plaintiff.
    None present for defendant.
    Matter adjourned for arguments to 16.10.2020.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-10-2020
    
    Date: 16-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 02-11-2020
    
    Date: 02-11-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None present for plaintiff.
    Adv Nandanwar/Suryawanshi present for MCGM/defendant.
    Matter adjourned for arguments to 15.12.2020.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 15-12-2020
    
    Date: 15-12-2020
    Business: Adv Indira Labde for plaintiff present.
    None present for MCGM/defendant.
    Adv of Plaintiff submitted that yet deft corporation has not filed reply on contempt N/M.
    Earlier order if any to continue till the next date.
    Matter adjourned for reply on contempt N/M to 5/1/21.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2021
    
    Date: 05-01-2021
    Business: CORAM  H.H.J. C. P. JAIN, AD-HOC ASSISTANT JUDGE, CITY CIVIL COURT, GR. MUMBAI (C.R.06)
    Matter pertains to CR No.05.
    Adv Meena Sharma (h/f) present for plaintiff.
    Adv Rawade present for BMC/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM reply to 27.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-01-2021
    
    Date: 27-01-2021
    Business: None present for plaintiff.
    Adv Soraan (hf) present for MCGM/defendant.
    Adv Shroff present for defendant no.3.
    Matter adjourned for NM reply to 23.02.2021.
    LO at 3.25 pm.
    Adv Indira Labde present for plaintiff.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM reply to 23.02.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-02-2021
    
    Date: 23-02-2021
    Business: Adv Indira Labde present for plaintiff.
    Adv Vikram Walavalkar present for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for service of contempt notice to 16.03.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 16-03-2021
    
    Date: 16-03-2021
    Business: None present for plaintiff.
    Adv. Nandanwar (hf) present for MCGM/defendant.
    Matter adjourned for NM service to 27.04.2021.
    Next Purpose: SERVICE
    Next Hearing Date: 27-04-2021
    
    Date: 27-04-2021
    Business: Due to covid-19 pandemic, matter is adjd. to.
    Next Purpose: SERVICE
    Next Hearing Date: 03-07-2021
    
    Date: 03-07-2021
    Business: In view of Office Circular/Order 106/2021 Dt. 14-06-2021 , only urgent matters are taken, hence the remaining board is discharged hence matter is adjd. to
    Next Purpose: SERVICE
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Adv. Panchal h/f P. D. Gandhy present for plaintiff sought adjournment for filling affidavit of service.
    Adv.    Bibhishan sutar present for MCGM/defendant.
    Matter adjourned for Service to. 08/10/2021.
    Next Purpose: SERVICE
    Next Hearing Date: 08-10-2021
    
    Date: 08-10-2021
    Business: As court is busy in hearing arguments in suit no. 1904/2021 and in suit st. no. 8239/2021. remaining board is discharged and matter is adjd. to 10/11/21
    Next Purpose: SERVICE
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: None present for plaintiff.
    Adv. Soraan @ adv. diwate present for MCGM/defendant.
    As plaintiff and his adv. absent,
    Matter adjourned for affidavit of service to. 21/12/21.
    Next Purpose: SERVICE
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: As presiding Officer is on leave, Hence matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: Adv. Indira Labde present for plaintiff and sought adjournment.
    Adv. Sutar present  for MCGM/defendant.
    Matter adjourned for service to 19/04/22.
    Next Purpose: SERVICE
    Next Hearing Date: 19-04-2022
    
    Date: 19-04-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: SERVICE
    Next Hearing Date: 21-06-2022
    
    Date: 21-06-2022
    Business: Adv. Ms. Labde for plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant  present.
    Matter is adjd for service on 14-07-2022
    Next Purpose: SERVICE
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: Adv. Labde for Plaintiff present.
    Adv. Mr. Bibhishan Sutar for MCGM/ defendant No 1 and 2  present.
    None for deft. no.3
    It transpires from the record that total five Notice of Motion i.e. 2901/2019, 2797/2019, 2589/2019, 1234/2020, 3187/2019 and one Chamber summons i.e. 2113/2019 are pending for reply and hearing since long. The parties are directed to proceed with the NM and Ch/s. on next date without fail.
    Matter is adjd for hearing on NM and Ch/s. on 11-08-2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-08-2022
    
    Date: 11-08-2022
    Business: Adv. for plaintiff present.
    Adv. Walavalkar for MCGM/defendant no. 1 and 2 present.
    defendant corporation is served with copy of Chs No. 2113/19.
    Plaintiff to take necessary steps to serve NM No. 3187/19 on the contemptner till next date without fail.
    Plaintiff to tender original NM NO. 3187/19 on record.
    The original NM No. 1234/20 is also not tendered on record hence concerned party to note and tender the same on record on next date without fail.
    Matter adjourned for Chs reply/service/NM high on board to 29/09/2022
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 29-09-2022
    
    Date: 29-09-2022
    Business: Court is busy in hearing in old matter i.e. Suit No. 2798 of 2006. Hence want of time board is discharged.
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 17-11-2022
    
    Date: 17-11-2022
    Business: As presiding officer is on leave. Hence, matter is adjourned to
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 12-01-2023
    
    Date: 12-01-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    The Plaintiff and deft have not taken proper steps to proceed with the NM 1234/20, NM 2797/19, NM 3187/19, NM 2589/19, NM 2901/19. Hence, matter be posted for dismissal of NM 1234/20, NM 2797/19, NM 3187/19, NM 2589/19, NM 2901/19.
    Matter is adjd for NM dismissal on 31-01-2023
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: None for Plaintiff.
    Adv Walawalkar @ Adv Sutar for defendant/MCGM no. 1 and 2 present.
    None for deft. no. 3.
    FRSR the following order is passed on Notice of Motion No. 2797 of 2019.
    ORDER
    1. Notice of Motion No.2797 of 2019 is dismissed in default.
    2. Notice of Motion is disposed off.
    FRSR the following order is passed on Notice of Motion No. 2589 of 2019.
    ORDER
    1. Notice of Motion No.2589 of 2019 is dismissed in default.
    2. Notice of Motion is disposed off.
    FRSR the following order is passed on Notice of Motion No. 2901 of 2019.
    ORDER
    1. Notice of Motion No.2901 of 2019 is dismissed in default.
    2. Notice of Motion is disposed off.
    FRSR the following order is passed on Notice of Motion No. 1234 of 2020.
    ORDER
    1. Notice of Motion No.1234 of 2020 is dismissed in default.
    2. Notice of Motion is disposed off.
    3. Plaintiff to tender the Notice of Motion on record on next date without fail.
    Nature Of Disposal: DISMISSED IN DEFAULT
    Disposal Date: 31-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 107642/2019
    Filing Date: 11-07-2019
    First Hearing Date: 15th July 2019
    Decision Date: 31st January 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    31 Jan 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.2589 of 2019 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.2589 OF 2019 IN L.C.SUIT NO.1642 OF 2019 Habib Esmail Educational Trust … Proposed Intervener In the matter between Kesar Baug Trust ...Plaintiff V/s. The Asstt. Engineer (Bldg. & Factory), “B” Ward & Ors., ...Defendants Appearance: None for plaintiff. Adv Mr. Walawalkar for defendant/Corporation No.1 & 2. None for defendant No.3 CORAM : HER HONOUR ADHOC JUDGE SMT.…

    Read Full Order

    TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.