Order Details: Notice of Motion Pdf Text: CNR No.:MHCC010072842018. 1 Notice of Motion No. 2260/2018 in L.C. Suit No. 1799/2013. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2260 OF 2018. IN L.C. SUIT NO. 1799 OF 2013. Bharat Ashok Manek. ............………………….. …. PLAINTIFF. V/s. MCGM + 2. ….....……………………………….. … DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 11th July, 2023. APPEARANCES : Mr. Bipin Joshi, Ld. Advocate for the Plaintiff. Mrs. Smita…
NOTICE OF MOTION
Bharat Ashok ManekVsMCGM
CNR MHCC01007284201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 11th July 2023
TrustJury record updated 14 Sept 2026
Case Overview
- Registration Number
- 102260/2018
- Registration Date
- 19 Jun 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 19-06-2018
Business: Adv Ravindra Singh h/f adv Bipin Joshi for the plaintiff present.
Adv Kanchan Dubey for def no.2 present.
KB for tendering original NM.
LO at 4.50 pm
Adv Ravindra Singh for the plaintiff present and filed original
NM no.2260/18 alongwith affidavit t.o.r.
Def no.2 and 3 absent.
Plaintiff given undertaking that he will serve the copy of NM
and amendment to S-ward, BMC.
Authenticated copy of roznama be supplied to the parties
to the suit.
Adjourned to 06.07.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-07-2018
Date: 06-07-2018
Business: Adv Govind Rajpurohit h/f adv Bipin Joshi for plaintiff present.
Adv Tondwalkar for def/BMC present.
Earlier order to continue till next date.
Adjourned to 20.08.2018 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2018
Date: 20-08-2018
Business: Matter adj.for NM Hearing to 5.9.18.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Advocate Mr. Singh h/f Adv. Joshi for Plaintiff present and submitted that on next date he will argue Notice of Motion.
Advocate Ms. Tondwalkar for BMC present and submitted that she has objection to continue earlier order. Considering difficulty of Plaintiff\''s advocate adjournment is granted.
Earlier order to continue till next date.
Case is adjourned to 15/10/2018 for hearing of Notice of Motion.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-10-2018
Date: 15-10-2018
Business: Advocate Mr. Ravindra Singh for Plaintiff present and undertakes to serve copy of amended plaint to other side tomorrow itself. Advocate Mr. Puranik for Defendant no.2 and 3 present
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier order to continue till next date.
By consent, case is adjourned to 02/11/2018 for hearing of NM.
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-11-2018
Date: 02-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-01-2019
Date: 07-01-2019
Business: Adv. Ravindra Sinhg for Plaintiff present and submitted that he will argue Notice of Motion on next date.
Advocate for BMC/Deft present.
As Notice of Motion is pending for last more than 5 years adv. for plaintiff is directed to argue NM on next date, without fail.
Case is adjourned to 11.02.2019 for hearing of Notice of Motion.
Earlier order to continue till next date.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-02-2019
Date: 11-02-2019
Business: (Incharge Court of C.R. No.11)
Adv. Bipin Joshi for the Plaintiff Present.
Advocate Ms. Tondwalkar for BMC/Deft present.
Earlier Order to continue till next date.
Case is adjourned to 13.3.2019 for NM Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2019
Date: 13-03-2019
Business: Advocate Ms. S. Disa for Plaintiff present and sought adjournment. Adjourned.
Advocate for BMC/Deft present.
Earlier order to continue till next date.
Case is adjourned to 22/04/2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-04-2019
Date: 22-04-2019
Business: Earlier order to continue till next date.
The Case is adjd. to 21.06.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2019
Date: 21-06-2019
Business: Advocate Bipin Joshi for plaintiff present.
Advocate Ms. Chavan for defendant no. 1/MCGM present.
Adv. Kanchan Dubey for defendants no. 2 and 3 present.
Heard adv. Joshi for plaintiff.
Adv. Ms. Chavan sought time to seek further instructions. Granted.
Earlier order to continue till next date.
The case is adjourned to 03.07.2019 for NM hearing (PH).
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-07-2019
Date: 03-07-2019
Business: Advocate Ravindra Singh h/f adv. Bipin Joshi for plaintiff present.
Advocate Ms. Chavan for defendant no. 1/MCGM present and sought time. Time is granted.
Adv. Kanchan Dubey for defendants no. 2 and 3 present.
SU 1799/13 contd...
Earlier order to continue till next date.
The case is adjourned to 15.07.2019 for NM hearing.
LO
Adv. Bipin Joshi for plaintiff present and filed rejoinder. TOR.
Adv. Joshi undertakes to serve copy of rejoinder on defendant no.2.
Already the case is adjourned to 15.07.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-07-2019
Date: 15-07-2019
Business: Advocate Bipin Joshi for the plaintiff present.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
Matter adjd to 14.08.2019 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2019
Date: 14-08-2019
Business: Advocate Bipin Joshi for plaintiff present.
Advocate Ms. Neha Yadav h/f adv.Ashish Mishra for defendant no. 2 present and filed draft notice of motion along with affidavit in support. T.O.R. Leave is granted to register Notice of Motion.
Advocate Giri h/f adv. Chavan for defendant/MCGM present.
Earlier order to continue till next date.
The case is adjourned to 09.09.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 09-09-2019
Date: 09-09-2019
Business: As Court is busy in dictating Judgment in suit no. 4994/12 and NM order in suit no. 745/16 and in hearing NM in suit no. 4592/12 and 4593/12 and also in other matters on board. The case is adjourned.
Earlier order to continue till next date.
The case is adjourned to 23.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-10-2019
Date: 23-10-2019
Business: Advocate Ravindra Singh for plaintiff present.
Advocate Ashish Misra for defendant no. 2 and 3 present and filed original Notice of Motion No.3358/19 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Chavan for defendant /MCGM present.
Earlier order to continue till next date.
The case is adjourned to 16.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-11-2019
Date: 16-11-2019
Business: Adv. Mr. P.B. Joshi h/f Adv. Bipin Joshi for plff, prayed for adjd to file reply on NM no.3358/19.
Adv. Ms. Mhatre for deft no.1/MCGM present.
None present for deft nos. 2 and 3.
Earlier order to continue till next date.
Matter is adjd. for NM reply on 04.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-12-2019
Date: 04-12-2019
Business: Adv. Ms. Joshi for plaintiff present.
Adv. Mr. Giri for deft. no.1/MCGM present.
Adv. Mr. Tripathi for deft nos. 2 and 3 present.
O- Heard both sdie ld on NM no. 3358/19, it is filed for condonation of delay. It would be judicious to decide NM on Merit. Hence reply on NM be accepted and delay is condone. Notice of Motion no. 3358/19 is disposed of.
Deft to supply copy of reply within one week to the plff. and submitted copies before the court on next date.
Earlier order to continue till next date.
Matter is adjd. for on 19.12.2019.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-12-2019
Date: 19-12-2019
Business: Adv. Disa for plaintiff , prayed for adjournment to file rejoinder.
Adv. Mhatre for deft. no.1 /MCGM present.
Adv. Ms. Rawal for defendant no. 2 and 3 submitted reply on NM, copy supplied to plaintiff.
Earlier order to continue till next date.
Matter is adjd. to 10.02.2020 for rejoinder/ hearing on
NM.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-02-2020
Date: 10-02-2020
Business: Adv. Ms.Disa h/f adv. Bipin Joshi for plff., prayed for adjd to file rejoinder.
Adv. Mrs. Chavhan for deft.no.1/MCGM present.
Adv. Ms. Hemani Kaushik for deft nos. 2 and 3 present.
Earlier order, if any, to continue till next date.
Matter is adjd. for NM hearing on 20.04.2020.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Business: National Lockdown
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 02-07-2020
Date: 02-07-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 08-09-2020
Date: 08-09-2020
Business: Adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-11-2020
Date: 24-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2021
Date: 05-02-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-03-2021
Date: 23-03-2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-06-2021
Date: 15-06-2021
Business: Due to covid 19 matter adjourned to next date
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-08-2021
Date: 12-08-2021
Business: None for plaintiff.
Adv. Adv Khandagale for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. for NM hearing to 16.09.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2021
Date: 16-09-2021
Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
(Matter pertains to C.R. No.11)
Adv. Vedanshi Shah for plaintiff present.
Adv. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 16.10.2021.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-10-2021
Date: 16-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
As per Office order No.213/2021 dated 12.10.2021, Holiday declared on 16.10.2021.
Earlier order if any, to continue till next date.
Matter is adjd. To 23.10.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-10-2021
Date: 23-10-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Ms Agrawal for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM Hearing to 23.11.2021
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-11-2021
Date: 23-11-2021
Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
(Matter pertains to C.R. No.11)
Adv. Sakshi Agarwal for plaintiff present.
Adv. Mrs. Mhatre for deft./MCGM present.
Earlier order if any, to continue till next date.
Matter is adjd. For NM hearing to 04.01.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-01-2022
Date: 04-01-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant No.1/MCGM is present.
None for defendant Nos. 2 and 3.
The matter is pending for NM hearing. The plaintiff is absent for no justifying reasons. Hence, it is adjourned for dismissal of NM.
Adjourned for NM dismissal to 08.02.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 08-02-2022
Date: 08-02-2022
Business: None present for plaintiff.
Adv. Ms. J.V. Mhatre for defendant No. 2/MCGM is present.
Rest of the defendants are absent.
In view of office order no. 07/2022 dated 07.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
Earlier order, if any, to continue till the next date.
Adjourned for NM dismissal to 19.03.2022.
Next Purpose: DISMISSAL
Next Hearing Date: 19-03-2022
Date: 19-03-2022
Business: Adv. Mr. Bipin Joshi for plaintiff is present and submitted that he is ready to proceed with the matter.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested time for NM hearing. Granted lastly.
Adjourned for NM hearing to 23.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 23-06-2022
Date: 23-06-2022
Business: Adv. Mr. Bipin Joshi for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present and filed list of documents. TOR. It is marked at Exh.12. O-Filed. Copy is supplied to the other side.
None present for defendant Nos. 2 and 3.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 18.08.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 18-08-2022
Date: 18-08-2022
Business: Adv. Mr. Bipin Joshi for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant No. 1/MCGM is present and orally requested time for NM hearing. Granted as a last chance.
None present for defendant Nos. 2 and 3.
Earlier order, if any, to continue till the next date.
Adjourned for NM hearing to 20.09.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2022
Date: 20-09-2022
Business: Adv. Gaurav Gajatra for the plaintiff is present and orally requested for keeping back the matter. Considering the board, this request is discarded. The plaintiff is directed to file written submissions on NM. In default, the NM would stand dismissed.
Adv. J.V. Mhatre for defendant/MCGM is present.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions on NM to 10.11.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-11-2022
Date: 10-11-2022
Business: Adv. Mr. Bipin Joshi for the plaintiff is present and filed written submissions on NM No. 2260/2018 along-with case laws. TOR. Copy is supplied to the other side.
Adv. Ms. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file written submission on NM. Granted as a last chance.
Earlier order, if any, to continue till the next date.
Adjourned for filing written submissions by the defendant to 15.12.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-12-2022
Date: 15-12-2022
Business: Adv. Mr. Bipin Joshi for the plaintiff is present.
Adv. Mrs. J.V. Mhatre for defendant/MCGM is present and orally requested for time to file written submissions on NM. Time is granted.
Earlier order, if any, to continue till the next date.
Adjourned for written submissions by defendant to 07.02.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-02-2023
Date: 07-02-2023
Business: Adv. Ms. Sakshi Agrawal present for the plaintiff.
Adv. Khandagale h/f Adv. Mhatre for defendant/MCGM is present.
Earlier order to continue till next date.
Adjourned for NM Hearing to 09.03.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 09-03-2023
Date: 09-03-2023
Business: Adv. Mr. Bhavesh Joshi for the plaintiff is present.
Adv. Mrs. S.S. Chavan for defendant/MCGM is present and orally requested for time to file written submissions on NM. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for suitable Order against defendant No. 1.
Rest of the defendants are absent.
Adjourned for suitable Order against defendant No.1 to 06.04.2023.
Next Purpose: ORDER
Next Hearing Date: 06-04-2023
Date: 06-04-2023
Business: PO is on leave
Next Purpose: ORDER
Next Hearing Date: 02-05-2023
Date: 02-05-2023
Business: Adv. Mr. Siddhant Singh for the plaintiff is present.
Adv. Mrs. Smita Chavan for defendant No. 1/MCGM is present and filed written submissions on NM No. 2260/2018. TOR. Copy is supplied to the other side.
Rest of the defendants are absent.
Adjourned for filing written submissions by the defendants to 27.06.2023.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-06-2023
Date: 27-06-2023
Business: Adv. Mr. Bipin Joshi for the plaintiff is present.
Adv. Ms. S.S. Chavan for defendant No.1/MCGM is present.
None present for Defendant No.2. Heard reply arguments.
Earlier order, if any, to continue till next date.
Adjourned for NM order to 11.07.2023.
Next Purpose: NM ORDERS
Next Hearing Date: 11-07-2023
Date: 11-07-2023
Business: Adv. Ms. Vedanshi Shah h/f Adv. Bipin Joshi for the plaintiff is present.
Adv. Mr. Om Suryavanshi h/f Adv. Ms.S.S. Chavan for defendant No.1/MCGM is present. None present for defendant No.2.
LO at 4.40 p.m.
Adv. Mr. Gaurav Gadatra h/f Adv. Mr. Joshi for the plaintiff is present. Adv. Mr. Om Suryavanshi h/f Adv. Ms.S.S. Chavan for defendant No.1/MCGM is present. None present for defendant No.2.
F.R.S.R. the following Order is passed on NM No. 2260/2018 :
-: O R D E R :-
(i). Notice of Motion No. 2260/2018 is partly allowed.
(ii). Defendant No.1, his agents, his servants and anybody
else claiming through him are hereby restrained from
proceeding against the notice structure, in view of the
notice dtd. 10.04.2013 and the Order dated 27.04.2013,
except by following the due process of law.
(iii). Notice of Motion No. 2260/2018 is, accordingly,
disposed of.
Adjourned for WS to 17.08.2023.
Nature Of Disposal: ALLOWED
Disposal Date: 11-07-2023Additional Case Details
Additional Case Details
Filing Number: 108055/2018 Filing Date: 19-06-2018 First Hearing Date: 19th June 2018 Decision Date: 11th July 2023 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
11 Jul 2023
Order 1Full order available
11 Jul 2023
Order Details: Notice of Motion Pdf Text: CNR No.:MHCC010072842018. 1 Notice of Motion No. 2260/2018 in L.C. Suit No. 1799/2013. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 2260 OF 2018. IN L.C. SUIT NO. 1799 OF 2013. Bharat Ashok Manek. ............………………….. …. PLAINTIFF. V/s. MCGM + 2. ….....……………………………….. … DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 11th July, 2023. APPEARANCES : Mr. Bipin Joshi, Ld. Advocate for the Plaintiff. Mrs. Smita…
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