NOTICE OF MOTION
Backbay Properties Pvt. Ltd.VsMCGM
CNR MHCC0100814220195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 15th February 2021
TrustJury record updated 21 Sept 2026
Case Overview
- Registration Number
- 102972/2019
- Registration Date
- 05 Aug 2019
Advocates
2For Petitioner
For Respondent
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Protection of Women from Domestic Violence Act · Sec 9
Case History / Proceedings
Case History
Date: 07-08-2019 Business: Adv.Indira Bhushan for plaintiff present. Adv.Mr.Pradeep Patil for defendant/MCGM present. Matter adjd to 28.08.2019 for NM Reply. Next Purpose: NM REPLYREJOINDER Next Hearing Date: 28-08-2019 Date: 28-08-2019 Date: 11-09-2019 Business: Plaintiff 1-b Mr. Nadeem Madid Oomerbhy and Adv. Ms. Kanchan Pandhare present and filed evidence along with affidavit of evidence t.o.r. Adv. Mrs. Tondwalkar for defendant/MCGM present. Adv. Ms. Mahamuni for defendant nos. 2 and 3 present and provided copy of evidence to all other side. Matter adjd to 04/10/2019 for R/E or Documents. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 04-10-2019 Date: 04-10-2019 Business: Plaintiff absent and Adv. Ms. Kanchan Pandhare present and filed and application for adjournment t.o.r. Order- Last chance is granted. Adv. Mrs. Tondwalkar for defendant/MCGM present. Adv. Ms. Mahamuni for defendant no.3 present. Defendant nos.3 and 5 present. Matter adjd to 18/11/2019 for R/E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 18-11-2019 Date: 18-11-2019 Business: Plaintiff and Adv. Ms. Kanchan Pangare present and filed an application for adjournment t.o.r. and marked as Exh. Order- Put up for order. Adv. Mrs. Tondwalkar for defendant/MCGM present. Defendant nos. 2, 3 and 5 present. Adv. Mahamuni for defendant no.2 and 3 present. Matter adjd to 11/12/19 for order on adjournment appln. Next Purpose: ORDER Next Hearing Date: 11-12-2019 Date: 11-12-2019 Business: Plaintiff and Adv. Present. Adv. Mr. Suryavanshi/Mr. Nandanwar for defendant/MCGM present. Order passed on application for adjournment dtd.18/11/2019- Filed. Matter adjd to 03/01/2020 for r/e. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 03-01-2020 Date: 03-01-2020 Business: Matter is adjd to 17/02/2020 for R/E. Next Purpose: RECORDING EVIDENCE Next Hearing Date: 17-02-2020 Date: 17-02-2020 Business: Plaintiff and advocate absent. Adv. Mr. Nandanwar for MCGM/deft present. K. B. L. O. at 12.00 p.m. Adv. Mr. Kaustubh Patil for plaintiff present and filed evidence closer pursis t.o.r. marked as Exh. K. B. L. O. at 01.15 p.m. Adv. Ms. Indira Bhushan for plaintiff present. Matter is adjd to 26/02/2020 for argument. Next Purpose: ARGUMENTS Next Hearing Date: 26-02-2020 Date: 26-02-2020 Business: Adv. Mr. P. D. Gandhy for plaintiff present and seeks time. Order- Granted time. Adv. Mr. Nandanwar for MCGM/deft present. Matter is adjd to 09/03/2020 for argument Next Purpose: ARGUMENTS Next Hearing Date: 09-03-2020 Date: 09-03-2020 Business: Adv. Mr. P. D. Gandhy for plaitiff present. Adv. Mr. Suryavanshi/Nandanwar for MCGM/deft present. Heard arguments of both sides. Written Submission filed by Adv. for plaintiff. Matter is adjd to 16/03/2020 for Judgment. Next Purpose: JUDGMENT Next Hearing Date: 16-03-2020 Date: 16-03-2020 Business: As court is on leave. Matter adjd to 20/03/2020 for Judgment. Next Purpose: JUDGMENT Next Hearing Date: 20-03-2020 Date: 20-03-2020 Business: COVID-19 Adv for plaintiff absent. Adv Nandanwar for MCGM/defendant present. Matter adjourned for final arguments to 03.04.2020. LO at 12.35 pm. Adv Mithilesh Mishra (holding) for plaintiff present. Next Purpose: ARGUMENTS Next Hearing Date: 03-04-2020 Date: 03-04-2020 Reason For Adjournment: National Lock Down Next Purpose: ARGUMENTS Next Hearing Date: 17-04-2020 Date: 17-04-2020 Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 06.05.2020. Next Purpose: ARGUMENTS Next Hearing Date: 06-05-2020 Date: 06-05-2020 Business: COVID-19. Lockdown from 23.03.2020. Hence matter adjourned to 28.05.2020. Next Purpose: ARGUMENTS Next Hearing Date: 28-05-2020 Date: 28-05-2020 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: ARGUMENTS Next Hearing Date: 15-06-2020 Date: 15-06-2020 Business: COVID-19 Adv Chandra More for MCGM/defendant present. Matter adjourned for Arguments to 16.06.2020. Next Purpose: ARGUMENTS Next Hearing Date: 16-06-2020 Date: 16-06-2020 Business: Adv Chandra More for MCGM/defendant present. Matter adjourned for arguments to 03.07.2020. Next Purpose: ARGUMENTS Next Hearing Date: 03-07-2020 Date: 03-07-2020 Business: Covid-19, Parties and their advs absent, adjd Next Purpose: ARGUMENTS Next Hearing Date: 04-08-2020 Date: 04-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 16-09-2020 Date: 16-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 24-09-2020 Date: 24-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 08-10-2020 Date: 08-10-2020 Business: Plaintiff and Adv absent. Adv. Smt. Rawade for defendant/BMC present. Adjd for arguments to 16/10/2020. Next Purpose: ARGUMENTS Next Hearing Date: 16-10-2020 Date: 16-10-2020 Business: Plff and adv absent. Adv Nandanwar/Suryawanshi for MCGM/defendant present. Matter adjourned for Arguments to 26/10/2020. Next Purpose: ARGUMENTS Next Hearing Date: 26-10-2020 Date: 26-10-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: ARGUMENTS Next Hearing Date: 10-11-2020 Date: 10-11-2020 Business: None present for plaintiff. Adv Nandanwar for MCGM/defendant present. Matter adjourned for arguments to 03.12.2020. Next Purpose: ARGUMENTS Next Hearing Date: 03-12-2020 Date: 03-12-2020 Business: Adv. Indira Labde present for plaintiff. Adv Mr. Nandanwar/Suryawanshi present for defendant/MCGM . Matter adjourned for Arguments to 18/12/2020. Next Purpose: ARGUMENTS Next Hearing Date: 18-12-2020 Date: 18-12-2020 Business: As P.O. Is on Leave, Hence Matter is adjd.to. Next Purpose: ARGUMENTS Next Hearing Date: 11-01-2021 Date: 11-01-2021 Business: Adv PD Gandhy present for plaintiff. Adv Nandanwar present for MCGM/defendant. Adv of defendant sought adjournment. Matter adjourned for arguments to 20.01.2021. Next Purpose: ARGUMENTS Next Hearing Date: 20-01-2021 Date: 20-01-2021 Business: Court is on CSIC Training. Next Purpose: ARGUMENTS Next Hearing Date: 29-01-2021 Date: 29-01-2021 Business: Adv PD Gandhy present for plaintiff. Adv Nandanwar present for MCGM/defendant. Adv of plaintiff sought adjournment by stating that he is having some personal difficulties and assured that he will argue on next date. Hence suitable date is being given with request to avoid delay on next date. Matter adjourned for arguments to 10.02.2021. Next Purpose: ARGUMENTS Next Hearing Date: 10-02-2021 Date: 10-02-2021 Business: Adv PD Gandhy present for plaintiff. Adv Nandanwar present for MCGM/defendant. Adv of plaintiff submitted one common written argument (without signature) alongwith citations in total 4 matters. His arguments are heard. Heard arguments of Adv of BMC. Matter adjourned for Judgment to 15.02.2021. Next Purpose: JUDGMENT Next Hearing Date: 15-02-2021 Date: 15-02-2021 Business: Adv PD Gandhy present for plaintiff. Adv Nandanwar present for MCGM/defendant. At the time of final arguments it reveal that alongwith evidence MCGM produced documents with list Exh.14 but those are forgotten by the then staff to exhibit It. Hence said documents are exhibited from Exh.16 to Exh.19. Judgment is dictated in open court and pronounced. F.R.S.R.Following order is passed- ORDER 1. The suit is hereby dismissed with costs. 2. Decree be drawn up within the prescribed period under Order-XX Rule-6A of the C.P.C. 3. The suit stands disposed off accordingly. 4. Notice of Motion No.2972/19 also stands disposed of. -------------------------------- Later on. Adv of plaintiff submitted that in order to file appeal above judgment and decree should not be brought into operation by BMC. Adv of MCGM opposed said submission. Plaintiff is having right to file appeal. Hence earlier relief is hereby extended for four weeks from today. Nature Of Disposal: OTHER Disposal Date: 15-02-2021
Additional Case Details
Additional Case Details
Filing Number: 108697/2019 Filing Date: 05-08-2019 First Hearing Date: 07th August 2019 Decision Date: 15th February 2021 Court Number And Judge: 5-COURT 05 ADDL SESSIONS JUDGE
Orders
1Final Order 115 Feb 2021
15 Feb 2021
Order Details: Other Pdf Text: IN THE COURT OF :COURT 5 ADDL SESSIONS JUDGE Case No. :NOTICE OF MOTION/0102972/2019 Backbay Properties Pvt. Ltd., Vs MCGM Date : 15-02-2021 Business : Adv PD Gandhy present for plaintiff. Adv Nandanwar present for MCGM/defendant. At the time of final arguments it reveal that alongwith evidence MCGM produced documents with list Exh.14 but those are forgotten by the then staff to exhibit It. Hence said documents are exhibited from Exh.16 to Exh.19. Judgment is dictated in open court and pronounced. F.R.S.R.Following order is passed- ORDER 1. The suit is hereby dismissed with costs. 2. Decree be drawn up within the prescribed period under Order-XX Rule-6A of the C.P.C. 3. The suit stands disposed off accordingly. 4. Notice of Motion No.2972/19 also stands disposed of. Later on. Adv of plaintiff submitted that in order to file appeal above judgment and decree should not be brought into operation by BMC. Adv of MCGM opposed said submission. Plaintiff is having right to file appeal. Hence earlier relief is hereby extended for four weeks from today. Nature of Disposal : OTHER Disposal Date : 15-02-2021 -- 1 of 1 --
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