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NOTICE OF MOTION

Arun Narayan Patil And OrsVsMs Gurudatta Construction Co.

CNR MHCC01010740201911-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 04th October 2024

TrustJury record updated 23 Sept 2026

Case Overview

Registration Number
103898/2019
Registration Date
22 Oct 2019

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 18-12-2019
    Business: Adv. Suryavanshi for plaintiff, tendered regd NM no.3898/19.
    Adv. Tondvalkar for MCGM, prayed for time to file reply.
    Matter is adjd. for mediation report to 20.02.2020.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: HHJ is on leave. Hence today board is discharged.
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 26-03-2020
    
    Date: 26-03-2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-04-2020
    
    Date: 07-04-2020
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 18-04-2020
    
    Date: 18-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 08-05-2020
    
    Date: 08-05-2020
    Business: National Lockdown
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 29-05-2020
    
    Date: 29-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 16-06-2020
    
    Date: 16-06-2020
    Business: Due to Covid -19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 28-08-2020
    
    Date: 28-08-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 03-10-2020
    
    Date: 03-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: MEDIATION REPORT
    Next Hearing Date: 07-12-2020
    
    Date: 07-12-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 08-02-2021
    
    Date: 08-02-2021
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-03-2021
    
    Date: 30-03-2021
    Business: Matter is adjd.to
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 17-06-2021
    
    Date: 17-06-2021
    Business: Due to covid 19 matter adjourned to next date
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: Court is Vacant. Matter adj. to next date
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: Court is Vacant. Matter adj. to next date.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 16-11-2021
    
    Date: 16-11-2021
    Business: Court is vacant. Matter is adj. to next date.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: P.O. is on leave.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: None for the plaintiff is present.
    Adv. Mrs. J.V. Mhatre for defendant/MCGM is present.
    The parties did not file the draft issues.
    Adjourned for Draft issues to 22.03.2022.
    Next Purpose: DRAFT ISSUES
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: None present for plaintiff.
    Adv. Mr. Khandagale h/f Adv. Mhatre for defendant Nos. 4 and 5/
    MCGM is present.
    The plaintiff is absent to file say and NM No. 3898/19 and hence, it is proceeded without say of plaintiff.
    Adjourned for NM hearing (No reply)/draft issues to 18.06.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-06-2022
    
    Date: 18-06-2022
    Business: PO is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2022
    
    Date: 26-07-2022
    Business: Adv. Vishnu Mishra for the plaintiff is present and filed draft Ch/s. Leave granted to register till the next date. Copy supplied to the other side.
    Adv. Ms. J.V. Mhatre for defendant/MCGM is present.
    Matter adjourned for Ch/s reply/NM hearing (No reply) to 13.09.2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-09-2022
    
    Date: 13-09-2022
    Business: Adv. Mr Vishnu Mishra for the plaintiff is present and filed original registered Ch/s No. 1294/2022 along-with affidavit. TOR.
    Adv. Mr. Prashant Kulkarni for defendant No. 2 is present. He submitted that he did not receive the copy of Ch/s. Advocate for the plaintiff undertook to supply the same.
    Adv. Mr. Suresh Jadhav for defendant No.3 is present.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 4 and 5/MCGM is present.
    The record shows that in view of the Order dtd. 10.07.2017, the NM No. 2946/2014 is to be heard with the suit.
    Adjourned for Ch/s reply to 18.10.2022.
    Next Purpose: C/S REPLY
    Next Hearing Date: 18-10-2022
    
    Date: 18-10-2022
    Business: None present for the plaintiff.
    Adv. Suresh Jadhav h/f Adv. Suryawanshi for defendant No. 3 is present.
    Adv. J.V. Mhatre for defendant Nos. 4 and5 /MCGM is present.
    Rest of the defendants are absent.
    Adjourned for compliance by plaintiff/Ch/s reply to 08.12.2022.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 08-12-2022
    
    Date: 08-12-2022
    Business: Adv. Mr. Sanchit Shukla for the plaintiff is present and orally requested for time to supply copy of Ch/s. to defendant No. 3.
    Adv. Mr. Amol Suryawanshi for defendant No. 3 is present.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 4 and 5/MCGM is present.
    Rest of the defendants are absent.
    Adjourned for compliance by the plaintiff/Ch/s reply to 31.01.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 31-01-2023
    
    Date: 31-01-2023
    Business: None present for the plaintiffs to reply NM No.3898/2019. Hence, it is proceeded without reply of the plaintiffs. The plaintiffs are also absent to supply copy of Ch/s No. 1294/2022 to defendant No. 3, as directed earlier. Hence, it is posted for dismissal Order.
    Adv. Mr. Amol Suryawanshi for defendant No. 3 is present.
    Adv. Mrs. J.V. Mhatre for defendant Nos. 4 and 5/MCGM is present.
    The record shows that NM No. 2946/2014 is tagged with the suit.
    Rest of the defendants are absent.
    Adjourned for NM hearing/dismissal of Ch/s to 18.03.2023.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present and requested for time to supply copy of Ch/s on the other side. He informed that he did not receive copy of NM No. 3898/2019.
    None present for defendant Nos. 1 and 2.
    Adv. Ms. Swati Dueby for defendant No. 3 is present and requested for time to supply copy of NM to the plaintiff. Time is granted.
    Adv. Mrs. S.S. Chavan for defendant Nos. 4 and 5/MCGM is present.
    Adjourned for compliance/Ch/s dismissal/NM hearing to 18.04.2023.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Mr. Ashish Mishra for the plaintiff is present.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. Amol Surwanshi  for defendant No. 3 is present. He informed that copy of Ch/s is received and requested for time to file Ch/s reply. Time is granted.
    Adv. Mrs. S.S. Chavan for defendant Nos. 4 and 5/MCGM is present.
    Adjourned for Ch/s reply/NM hearing to 17.06.2023.
    Next Purpose: C/S REPLY
    Next Hearing Date: 17-06-2023
    
    Date: 17-06-2023
    Business: Adv. Mr. Ashish Mishra for the plaintiff is present and requested for time to file reply in NM No. 3898/19. Time is granted.
    Adv. Mr. Suryavanshi for defendant No.3 is present and filed reply in Ch/s. No. 1294/22. Copy is supplied to the other side.
    Adv. Ms. S. S. Chavan for defendant Nos. 4 and 5/MCGM is present. Rest of the defendants are absent.
    Adjourned for Ch/s. hearing/NM reply/NM hearing to 25.07.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 25-07-2023
    
    Date: 25-07-2023
    Business: Adv. Mr. Ashish Mishra for the plaintiff is present and requested time to file reply in NM No.3898/19. Time is granted.
    Adv. Khandagale h/f Adv. S.S. Chavan for defendant Nos. 4 and 5/MCGM is present. Rest of the defendants are absent.
    Adjourned for Ch/s. hearing/NM reply/NM hearing to 05.09.2023.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-09-2023
    
    Date: 05-09-2023
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present and requested time to file NM reply. Time is granted lastly. In default, the suitable Order to follow.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant Nos. 4 and 5/MCGM is present.
    Heard both the sides on Ch/s. NO. 1294/22.
    Adjourned for Ch/s. Order/NM reply/NM hearing to 18.09.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present and filed application for adjournment. TOR. It is marked as Exhibit 5.
    O- Considering the reasons, the matter is adjourned.
    Adv. Mr. Khandagale h/f Adv. Mr. Giri for defendant/MCGM is present.
    Adjourned for Ch/s. Order/NM reply/NM hearing to 05.10.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 05-10-2023
    
    Date: 05-10-2023
    
    Date: 27-10-2023
    Business: None present for the plaintiff.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present.
    Adv. Mr. G.O. Giri for defendant No. 4/MCGM is present. rest
    The Court is busy in other urgent matters.
    Adjourned for Ch/s. Order to 09.11.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 09-11-2023
    
    Date: 09-11-2023
    Business: None present for the plaintiff.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present.
    Adv. Mr. Khandagale h/f Adv. Mrs. Chavan for defendant No.4/ MCGM is present. Rest of the defendants are absent.
    The Court is busy in other urgent matters.
    Adjourned for Ch/s. Order to 07.12.2023.
    Next Purpose: CH/S ORDERS
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present.
    Adv. Mr. Khandagale for defendant No.4/MCGM is present.
    F.R.S.R. Following Order is passed in Ch/s. No. 1294/22.
    -: O R D E R :-
    (i).	Chamber Summons No.1294/2022 is made absolute in terms 	of prayer Clause (a) and (b) only. Consequently, the plaintiffs 	are called upon to carry out the proposed amendment only in 	the plaint, positively till the next date, and to file copy of 	amended plaint simultaneously.
    (ii). 	Chamber Summons No. 1294/2022 is, accordingly,
    	disposed of.
    Adjourned for compliance/NM hearing to 18.01.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-01-2024
    
    Date: 18-01-2024
    Business: PO is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: Adv. Ms. Nizzica Francis Pinto i/b Adv. Ashish Mishra for the plaintiff is present and filed the application for extension of time to comply with the Order of Ch/s.. Taken on record. It is marked as Exhibit 6. O- Time is extended till the next date. She also filed reply in NM No.3898/19. Taken on record. O- Filed.
    Copy is supplied to the other side.
    Adv. Mr. Khandagale for defendant/MCGM is present.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present.
    Adjourned for compliance/NM hearing to 05.04.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-04-2024
    
    Date: 05-04-2024
    Business: Adv. Mr. Ashish Mishra for the plaintiff is present and informed that  Order of Ch/s. is complied with. He sought time to file amended plaint in record. Time is extended till the next date.
    None present for defendant Nos. 1 and 2.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present and sought time to file WS. Time is granted.
    Adv. Mr. Khandagale for defendant Nos. 4 and 5/MCGM is present.
    Adjourned for compliance/WS/NM hearing to 18.06.2024.
                                                                                                     Judge
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-06-2024
    
    Date: 18-06-2024
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present and filed amend plaint. Taken on record. It is marked as Exhibit 1-A. O- Filed. Copy is supplied to the other side.
    Adv. Mr. Amol Suryavanshi for defendant No. 3 is present and requested time to argue the NM. Time is granted.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthawar for defendant Nos. 4 and 5/MCGM is present.
    Adjourned for NM hearing to 20.07.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-07-2024
    
    Date: 20-07-2024
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present. He is heard on NM No. 3898/2019. Adv. Mr. Suresh Jadhav h/f Adv. Mr. Amol Suryavanshi for defendant No. 3 is present and requested time to argue the NM,as Adv. Mr. Suryavanshi is not keeping well. Granted.
    Adv. Mr. S.R. Yadav a/w Adv. Ms. Nagarthwar for defendant Nos. 4 and 5/MCGM is present. Rest of the defendants are absent.
    Adjourned for NM hearing by defendant No.3 to 05.09.2024.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: Adv. Mr. Vishnu Mishra for the plaintiff is present. Adv. Mr. Amol Suryawanshi for defendant No. 3 is present. Adv. Mrs. S.R. Charatkar for defendant Nos. 4 and 5/MCGM is present. Rest of the defendants are absent. Heard both sides on NM No. 3898/2019.
    Adjourned for NM Order to 04.10.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 04-10-2024
    
    Date: 04-10-2024
    Business: None present for the plaintiff. Adv. Ms. Roshani Singh h/f Adv. Mr. Amol Suravanshi for defendant No. 3 is present. Adv. Mr. S.R. Yadav for defendant Nos. 4 and 5/MCGM is present. Rest of the defendants are absent. F.R.S.R. Following Order is passed in NM 3898/2019. ORDER (i). Notice of Motion No. 3898/2019 is made absolute in terms of prayer Clause (a) and (b) only,  subject to payment of costs of Rs. 5,000/- (Rs. Five Thousand) in favour of the DLSA, Mumbai, positively till the next date. (ii). On payment of the costs, defendant No.3 is directed to file his written statement on record, without further delay. (iii). The parties to expedite the matter. (iv). Notice of Motion No. 3898/2019 is, accordingly, disposed of. Adjourned for costs/ compliance/WS to 07.11.2024.
    Nature Of Disposal: ALLOWED
    Disposal Date: 04-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 111581/2019
    Filing Date: 22-10-2019
    First Hearing Date: 18th December 2019
    Decision Date: 04th October 2024
    Court Number And Judge: 11-COURT 11  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    04 Oct 2024

    Order Details: Notice of Motion Pdf Text: CNR NO : MHCC010107402019. 1 Notice of Motion No. 3898/2019 in L.C. Suit No. 4360/2013. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 3898 OF 2019. IN L.C. SUIT NO. 4360 OF 2013. Arun Narayan Patil and the Others. .…..…………... … PLAINTIFFS. V/s. M/s. Gurudatt Construction Co. and the Others. … … DEFENDANTS. CORAM : SHRI. A.G. SANTANI. (Court Room No.11). DATED : 4th October, 2024. APPEARANCES : Mr.…

    Read Full Order

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