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NOTICE OF MOTION

Sudhir K. GuptaVsMCGM

CNR MHCC0100955620195-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 16th October 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
103508/2019
Registration Date
19 Sept 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Petitioner

    1. 1Sudhir K. Gupta

    Respondent

    1. 1MCGM

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-11-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-01-2020
    
    Date: 06-01-2020
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2020
    
    Date: 12-02-2020
    Business: Advocate for plaintiff present.
    Advocate Vyavahare for defendant/BMC present.
    Earlier order, if any, to continue till next date.
    Adjourned for N/M Hearing to 20/03/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-03-2020
    
    Date: 20-03-2020
    Business: In view of office order No. 66/2020 dated 16.03.2020.
    Board is Discharged.
    Matter is Adjourned for NM hearing to 26/06/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-06-2020
    
    Date: 26-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-08-2020
    
    Date: 12-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-09-2020
    
    Date: 22-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-10-2020
    
    Date: 31-10-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-12-2020
    
    Date: 01-12-2020
    Business: Advocate for plaintiff absent.
    Advocate Dhuri for defendant/BMC present.
    Court is busy in dictating order in HCTB Suit No. 4418/2011.
    Adjourned for hearing on compilation/R/E to 02/02/2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 02-02-2021
    
    Date: 02-02-2021
    Business: None for plaintiff present.
    Advocate for defendant/BMC present.
    Court busy in hearing of urgent precipe matters St. No. 1060/21 and HCTB matters.
    Adjourned for Recording Evidence to 09/03/2021.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 09-03-2021
    
    Date: 09-03-2021
    Business: None for plaintiff.
    Advocate Mr. Diwate for defendant/BMC present.
    L. O. at 12.00 p.m.
    Advocate for plaintiff present.
    Earlier order, if any, to continue till next date.
    Adjourned for N/M Hearing to 21/04/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-04-2021
    
    Date: 21-04-2021
    Business: In view of covid-19 pandemic, matter is adjd. to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-06-2021
    
    Date: 07-06-2021
    Business: In view of office circular, only urgent matters are taken for hearing and remaining board is discharged.
    Matter adjourned for
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-07-2021
    
    Date: 05-07-2021
    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: NM FOR HEARING
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Adv. Yadav present for plaintiff.
    Adv. Vyavahare present  for MCGM/defendant and requested for short date.
    Earlier order if any to continue till the next date.
    Matter adjourned for nm hrg. to. 23/09/21.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. J. S. yadav present for plaintiff.
    Adv. Vidya Vyavahare present  for MCGM/defendant.
    kb.
    As court is busy in hearing in other Suits, Matter adjourned.
    Earlier order if any to continue till the next date
    Matter adjourned for nm hearing to. 23/11/21
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv. Jayesh  Present For Plaintiff and sought adjournment.
    Adv. Vyavhare @ Adv. Sutar for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for NM hearing on 09-12-2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-12-2021
    
    Date: 09-12-2021
    Business: Adv. J. S. Yadav present for plaintiff.
    Adv. vidya @ adv. Sutar present  for MCGM/defendant.
    Earlier order if any to continue till the next date.
    Matter adjourned for nm hrg. to. 03/02/22.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: In view of the office order no. 07/2022 dated. 07/01/22 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06/01/22 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge of 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.
    Matter adjourned for dismissal to. 12/04/22.
    Next Purpose: DISMISSAL
    Next Hearing Date: 12-04-2022
    
    Date: 12-04-2022
    Business: Adv. Yadav for plaintiff present.
    Adv. Vyavhare for MCGM/defendant
    As Court is busy in dictating the orders. Hence, for want of time board is discharged.
    Earlier order if any to continue till the next date.
    Matter adjourned for dismissal to 23/06/2022
    Next Purpose: DISMISSAL
    Next Hearing Date: 23-06-2022
    
    Date: 23-06-2022
    Business: Adv. Shukla for Plaintiff present tendered registered NM 3508/19 along with affidavit in support. TOR.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter is adjd for arguments on 07-07-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Yadav for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Matter is adjd for arguments on 23-08-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 23-08-2022
    
    Date: 23-08-2022
    Business: Adv. Shukla for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Earlier order if any to continue till the next date.
    Court is busy in urgent hearing matters i.e. Suit No.9195/22, St.No. 9271/22 Suit No. 904/14 and order dictating in Suit No.43/2018. Hence want of time board is discharged.
    Matter is adjd for arguments on 06-10-2022
    Next Purpose: ARGUMENTS
    Next Hearing Date: 06-10-2022
    
    Date: 06-10-2022
    Business: Adv Yadav for Plaintiff present.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    with consent of both parties matter is posted before upcoming
    Lok-adalat of dtd. 12.11.2022.
    Earlier order if any to continue till the next date
    Matter is adjd for Lokadalat on 12-11-2022
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 12-11-2022
    
    Date: 12-11-2022
    Business: NATIONAL LOK ADALAT HELD ON 12.11.2022 (PANEL-VII)
    Matter pertains to CR No.05
    None present for plaintiff.
    Adv. Vyavhare for defendant/BMC present.
    Settlement not arrived at.
    Matter posted before regular Court.
    Matter is adjd to 20.12.2022
            Panel Head                     Panel Member                    Panel Member
    HHJ Smt. A.H.Kashikar     Adv. Ms. Pranjali Joshi       Ms. Nalini Sonawane
    Next Purpose: HEARING
    Next Hearing Date: 20-12-2022
    
    Date: 20-12-2022
    Business: As Court is busy in urgent hearing in High Court Time Bound Matters i.e. Suit No. 668 of 2012 and Suit No. 755 of 2012 and also hearing Stamp No. 14083 of 2022, Stamp No. 14084 of 2022, Suit No. 2261 of 2022 and Suit No. 687 of 2022. Hence want of time board is discharged.
    Matter is adjd for NM on 02-02-2023
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-02-2023
    
    Date: 02-02-2023
    Business: None for Plaintiff.
    Adv. Smt. Vidya Vyavahare for MCGM/ defendant  present.
    Plaintiff is  directed to appear and lead evidence on next date without fail.
    Matter is adjd for RE on 06-04-2023
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 06-04-2023
    
    Date: 06-04-2023
    Business: As P.O. is on leave.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 27-06-2023
    
    Date: 27-06-2023
    Business: Adv. B. P. Shukla for Plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For plaintiff matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to 08.08.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-08-2023
    
    Date: 08-08-2023
    Business: Adv. B. P. Shukla for plaintiff present.
    Adv. Ms. Vyavahare for MCGM present.
    On oral request of Ld. Adv. For defendant matter is adjourned.
    Earlier order, if any, to continue, till next date.
    Matter is adjd  to  21.09.2023  for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-09-2023
    
    Date: 21-09-2023
    Business: Adv. B. P. Shukla for plaintiff present.
    Adv. Mrs. Rawade for defendant/BMC present.
    K.B.
    L.O. at 03.25 p.m.
    Heard both sides on N/M No.3508/2019.
    Earlier order, if any, to continue till next date.
    Matter is adjd. to 16/10/2023 for order on N/M No.3508/2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 16-10-2023
    
    Date: 16-10-2023
    Business: Adv. Dubey h/f Adv. B. P. Shukla for Plaintiff present.
    Adv. Pradip Patil for MCGM present.
    FRSR the following order is passed -
    Order on NM No. 3508 of 2019
    1. The Notice of Motion No.3508 of 2019 is hereby dismissed.
    2. Costs in cause.
    3. The Notice of Motion stands disposed off accordingly.
    Ld. Adv. for plaintiff has filed application for continuing the earlier interim order for 4 weeks.  TOR. And marked at Exh.6  Say filed by Ld. Adv. For Defendant.
    Order on Exh. 6
    Considering the submissions of both sides, it reveals that the plaintiff wants to challenge the order passed on the NM No. 3508/2019 before the Honble High Court. Hence, in the interest of Justice it is necessary to issue necessary directions. Thus, parties are directed to maintain status quo in respect of the suit premises for the period of two weeks.
    Nature Of Disposal: DISMISSED
    Disposal Date: 16-10-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110185/2019
    Filing Date: 19-09-2019
    First Hearing Date: 18th November 2019
    Decision Date: 16th October 2023
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    16 Oct 2023

    Order Details: Notice of Motion Pdf Text: 1 N.M.No.3508 of 2019 CNR:MHCC01-009556-2019 IN THE BOMBAY CITY CIVIL C0URT AT BOMBAY NOTICE OF MOTION NO.3508 OF 2019 IN L.C.SUIT NO.904 OF 2013 Sudhir Kailashchandra Gupta .. Plaintiff V/s. The Municipal Corporation of Gr. Mumbai .. Defendant Appearance:- Adv. B. P. Shukla for plaintiff. Adv. Mrs. Rawade for defendant/BMC. CORAM : HIS HONOUR ADDL. SESSIONS JUDGE SHRI. R. M. MISHRA CITY CIVIL COURT, GR. BOMBAY (C.R. NO.05). DATE : 16/10/2023. ORDER This…

    Read Full Order

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