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NOTICE OF MOTION

M/s. G.S. EnterprisesVsMCGM

CNR MHCC01008724201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 03rd July 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103208/2019
Registration Date
22 Aug 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 29-08-2019
    Business: As Court is busy in hearing ad-interim matters in ST No. 9431/19, Suit no. 2363/19 and also in hearing NM in Suit no. 598/16, 850/13 and ch/s hearing in suit no.825/18. The Court is also busy in dictating orders in suit no. 2363/19. The case is adjourned.
    Earlier order to continue till next date.
    The case is adjourned to 10.10.2019 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Advocate K.K.Shukla h/f adv. B.P.Shukla for plaintiff present.
    Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
    Earlier order to continue till next date.
    The case is adjourned to 07.01.2020  for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Adv. Mr. Yadav h/f adv. Mr. Shukla for Plaintiff, tendered registered NM no.3208/19.
    Adv. Mrs. Mhatre for deft./MCGM present.
    Earlier order, if any, to continue till next date.
    Matter is adjd.for NM reply on 17.03.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: Adv. Mr. B.P. Shukla for plaintiff present.
    Adv. Mrs. Mhatre for deft./MCGM present, prayed for adjd to file reply.
    Earlier order, if any, to continue till next date.
    Matter is adjd. for NM reply on 16.06.2020.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-08-2020
    
    Date: 27-08-2020
    Business: adjd.to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2020
    
    Date: 21-12-2020
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 03-03-2021
    
    Date: 03-03-2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-04-2021
    
    Date: 26-04-2021
    Business: Court is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-07-2021
    
    Date: 30-07-2021
    Business: Due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: CORAM-H.H.J. SHRI.S.D. KULKARNI, (C.R.NO.08)
    (Matter pertains to C.R. No.11)
    Adv. Yadav for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 15.11.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-11-2021
    
    Date: 15-11-2021
    Business: CORAM-H.H.J. SHRI. S.D. KULKARNI (C.R.No.08)
    (Matter pertains to C.R. No.11)
    Adv. Yadav for plaintiff present.
    Adv. Khandagale for deft./MCGM present.
    Earlier order if any, to continue till next date.
    Matter is adjd. For NM reply to 05.01.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2022
    
    Date: 05-01-2022
    Business: Adv. Mr. B.P. Shukla for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. for defendant orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply to 02.03.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 02-03-2022
    
    Date: 02-03-2022
    Business: Adv. Mr. J.S. Yadav for plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 08.06.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2022
    
    Date: 08-06-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale for defendant/MCGM is present  and orally requested for time to file NM reply. Granted.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 26.08.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 26-08-2022
    
    Date: 26-08-2022
    Business: Adv. Ms. Sunita Dubey for the plaintiff is present.
    Adv. Mr. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Granted as a last chance.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply and WS to 31.10.2022.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-10-2022
    
    Date: 31-10-2022
    Business: Adv. Sunita Dubey for the plaintiff is present.
    Adv. J.V. Mhatre h/f Adv. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, this request is discarded. The suit is posted for no reply no WS Order against the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM reply no WS Order to 02.01.2023.
    Next Purpose: ORDER
    Next Hearing Date: 02-01-2023
    
    Date: 02-01-2023
    Business: Adv. Mr. Shailesh Pal h/f Adv. Shukla for the plaintiff is present.
    Adv. Mr. S.C. Khandagale for defendant/MCGM is present and orally requested for time to file NM reply and WS. Sufficient time is already granted. Hence, this request is discarded. The suit is proceeded without NM reply and WS of the defendant.
    Earlier order, if any, to continue till the next date.
    Adjourned for NM hearing (no reply) to 27.02.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: Advocate Mrs. Sunita Dubey present for plaintiff.
    Adv. Mrs. Chavan for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM Hearing to 10.04.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2023
    
    Date: 10-04-2023
    Business: Matter pertains to C. R. No. 11
    Adv. Yadav present for plaintiff.
    Adv. Mr. Giri for defendant/MCGM is present.
    Earlier order to continue till next date.
    Adjourned for NM for Hearing to 19.06.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2023
    
    Date: 19-06-2023
    Business: Adv. Mr. B.P. Shukla for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Heard both the sides in NM 3208/19.
    Earlier order, if any, to continue till next date.
    Adjourned for NM order (No reply no WS) to 03.07.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-07-2023
    
    Date: 03-07-2023
    Business: Adv. Mr. J.S. Yadav for the plaintiff is present.
    Adv. Mr. G.O. Giri for defendant/MCGM is present.
    Following Order is passed on NM No. 3208/2019.
     O R D E R
         Considering the rival submissions, at the outset, it is worth to be noted that supporting his claim, the plaintiff relied upon documents viz. assessment bill, Shop and Establishment Certificate, electricity bills, permission for repairs and photographs of the suit premises, to prove its existence. He further submitted that the defendant did not follow principles of law and threatened to demolish the same, without issuing any notice. Whereas, the defendant did not contest the suit and the NM as well. As such, there is nothing on record to rebut the plaintiffs contentions on oath. In the circumstances, I am on the opinion that till the defendant follows the due process of law the suit premises needs to be protected. Hence, NM No. 3208/2019 is disposed of, restraining the defendant to take any coercive steps against the suit premises except by following due process of law.
    Adjourned for RE (No WS) (LN) to 18.08.2023.
    Nature Of Disposal: OTHER
    Disposal Date: 03-07-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 109327/2019
    Filing Date: 22-08-2019
    First Hearing Date: 29th August 2019
    Decision Date: 03rd July 2023
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    03 Jul 2023

    Order Details: Other Pdf Text: 03.07.2023 Sr. No. 38 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 2296/19 NM 3208/19 Adv. Mr. J.S. Yadav for the plaintiff is present. Adv. Mr. G.O. Giri for defendant/MCGM is present. Following Order is passed on NM No. 3208/2019. -: O R D E R :- Considering the rival submissions, at the outset, it is worth to be noted that supporting his claim, the plaintiff relied upon documents viz. assessment bill, Shop and Establishment…

    Read Full Order

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