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NOTICE OF MOTION

Shri. Shivkumar Ramraj SinghVsThe Municipal Corporation for Gr. Mumbai +2 more

CNR MHCC0101013120199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 09th January 2023

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103728/2019
Registration Date
05 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    4

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 06-11-2019
    Business: Plaintiff present.
    Adv. Chandramore deft. No.1 present.
    Adv. Trivedi for SRA present.
    Matter is adjd. to 07.01.2020 for reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-01-2020
    
    Date: 07-01-2020
    Business: Plaintiff is present. Adv. is absent.
    Adv. Trivedi  for defendant no.2 is present. He submitted that  do not wish to file reply to NM
    Adv.Chandramore  for defendant no.1 is present. She seeks time for tendering NM reply. O granted.
    Matter is adjd.  for NM reply/tendering registered NM  to 17/02/2020.
    Lo at 04.25 Pm
    Adv. Ditendra Mishra for plaintiff is present. He tendered Original registered N/M No.3728/2019 along with affidavit in support
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-02-2020
    
    Date: 17-02-2020
    Business: Adv. Ditendra  Mishra for plaintiff is present. He
    Adv. Trivedi for SRA/Defendant no.2 present.
    Adv. Chandramore for defendant no. 1 is present.  She filed reply on N/M no 3728/2019 itself.
    Heard argument of adv. of plaintiff and defendant no. 1 and  2.
    Matter is adjd. for order on N/M no. 3728/2019 to 11/03/2020.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 11-03-2020
    
    Date: 11-03-2020
    Business: Adv. Ditendra Mishra for the Plaintiff present.
    Adv. Trivedi for SRA/Defendant No. 2 present.
    The adv for the Plaintiff seeks further time to make submissions before passing order on N/M. Hence granted.
    Due to change of assignment, matter is to be re-argued.
    Matter is adjd. to 30.03.2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-03-2020
    
    Date: 30-03-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-04-2020
    
    Date: 15-04-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2020
    
    Date: 22-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-05-2020
    
    Date: 13-05-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-06-2020
    
    Date: 02-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-06-2020
    
    Date: 19-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-10-2020
    
    Date: 20-10-2020
    Business: Due to lockdown becausee of Covid-19, board is discharged and as per SOP only urgent matters are taken up.
    Matter is adjd. To 12.02.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None for plaintiff.
    Adv. Mr. Trivedi for the defendant No.1.
    Last chance is granted to plaintiff for NM hearing.
    Matter is adjd. to 03/05/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-05-2021
    
    Date: 03-05-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2021
    
    Date: 01-07-2021
    Business: Due to COVId-19 pandemic.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: None for plaintiff.
    Adv. Mr. Trivedi for defendant No.2 present.
    Matter is adjd. to 29/09/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: None for plaintiff.
    Adv. Mr. Trivedi for the defendant/SRA  present.
    Matter is adjd. to 25/11/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: As Court is busy is in hearing argument in SU 1954/21 NM 2416/21 and precipe matters. Hence, Board is discharged.
    Matter is adjd. to 11.01.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2022
    
    Date: 11-01-2022
    Business: None for plaintiff.
    Adv.Trivedi for defendant no.3.
    Matter is adjd. to 01.03.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-03-2022
    
    Date: 01-03-2022
    Business: Adv. Mr. Ditendra Mishra for Plaintiff present.
    Adv. Mr. Trivedi for Defendant No. 2/SRA present.
           Ld. adv. for Defendant No. 2 points out that there are mistakes in the prayer of Notice of Motion and body also so far as dates are concerned.  Ld. advocate for Plaintiff submits that he will take out appropriate proceedings for correction.  Accordingly, matter is adjourned for Steps to 07/03/2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 07-03-2022
    
    Date: 07-03-2022
    Business: None present for applicant.
    Adv. Hajare for Deft. no. 1 /Corporation present.
    Adv. Trivedi for deft. no. 2 present.
    Matter is  adjd. to 02-05-2022 for steps
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 02-05-2022
    
    Date: 02-05-2022
    Business: Adv.Dhitendra Mishra for plaintiff present and seeks time.
    Adv. Trivedi for SRA present.
    Adv. Chandramore for BMC present.
    Matter is adjd. to 20-06-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 20-06-2022
    
    Date: 20-06-2022
    Business: Court is busy in hearing N/m in SU 2414/21, hence Board discharged.
    Matter is adjd. to 22-08-2022.
    Next Purpose: FOR TAKING STEPS
    Next Hearing Date: 22-08-2022
    
    Date: 22-08-2022
    Business: Adv. Ditendra Mishra for plaintiff present and submitted that some mistakes in NM. He is going to withdraw NM on next date.
    Adv. Trivedi for deft.no. 2/SRA present.
    Matter is adjd. to 13.09.2022 for NM withdrawal.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Ditendra Mishra for plaintiff present and seeking time to tendered NM. Time granted.
    Adv. Trivedi for defendant/SRA present.
    Matter is adjd. to 27.09.2022 for Notice of Motion.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-11-2022
    
    Date: 22-11-2022
    Business: Adv. Jitendra Mishra present for plaintiff present.
    Adv. Trivedi for deft.no. 2/SRA present.
    Plaintiff submitted that he will withdraw the NM but since 22.08.2022 after giving sufficient opportunities the plaintiff not withdraw the NM. Hence, NM is kept for dismissal order.
    Matter is adjd. to 09.01.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 09-01-2023
    
    Date: 09-01-2023
    Business: None present for plaintiff.
    Adv. Mr. Trivedi for Deft.no.2/SRA present
    Perusing record, it appears that the suit is dismissed for default on 11.06.2019. Thereafter, the plaintiff filed the Notice of Motion No. 3728/2019 for restoration of the suit on 27.09.2019. Thereafter the NM is pending for hearing, but plaintiffs advocate submitted that some mistakes in the Notice of Motion No. 3728/2019 and he is going to withdraw the Notice of Motion No. 3728/2019, but thereafter after giving sufficient opportunities the plaintiff not withdraw the Notice of Motion No. 3728/2019 and remain present for hearing Notice of Motion No. 3728/2019. Hence, matter was kept for dismissal order. Today also plaintiff is absent for withdraw the Notice of Motion No. 3728/2019 and hearing the Notice of Motion No. 3728/2019. Hence, it appears that plaintiff does not want to proceed with this NM. Hence, Notice of Motion No. 3728/2019 is hereby dismissed.
    Nature Of Disposal: DISMISSED
    Disposal Date: 09-01-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 110804/2019
    Filing Date: 05-10-2019
    First Hearing Date: 06th November 2019
    Decision Date: 09th January 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    09 Jan 2023
    Order Details: Notice of Motion
    Pdf Text: None present for plaintiff. Adv. Mr. Trivedi for Deft.no.2/SRA present Perusing
    record, it appears that the suit is dismissed for default on 11.06.2019. Thereafter,
    the plaintiff filed the Notice of Motion No. 3728/2019 for restoration of the suit on
    27.09.2019. Thereafter the NM is pending for hearing, but plaintiffs advocate
    submitted that some mistakes in the Notice of Motion No. 3728/2019 and he is
    going to withdraw the Notice of Motion No. 3728/2019, but thereafter after giving
    sufficient opportunities the plaintiff not withdraw the Notice of Motion No.
    3728/2019 and remain present for hearing Notice of Motion No. 3728/2019. Hence,
    matter was kept for dismissal order. Today also plaintiff is absent for withdraw the
    Notice of Motion No. 3728/2019 and hearing the Notice of Motion No. 3728/2019.
    Hence, it appears that plaintiff does not want to proceed with this NM. Hence,
    Notice of Motion No. 3728/2019 is hereby dismissed.
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