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NOTICE OF MOTION

Rameshchandra L. Jain Alias shahVsThe Chief Officer, MHADA and Ors.

CNR MHCC0101253020199-COURT 09 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 30th June 2023

TrustJury record updated 24 Sept 2026

Case Overview

Registration Number
104569/2019
Registration Date
03 Dec 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: 14-01-2020
    Business: Adv. Abhishekh Nikharge for Plaintiff is present.  He tendered registered NM No.4569/2019 a/w affidavit in support. He undertakes to serve NM to defendant No.4.
    Adv. Prabhu for defendant nos. 1 and 2. is present.
    Adv. Bharat for defendant No.3 is present.
    None present for defendant 4.
    Adv. Chandramore for defendant no.5 is present.
    Court Commissioner Mrs. Shobha Juvekar is present.
    Matter is adjd. for service of NM to defendant No.4 to 18.02.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-02-2020
    
    Date: 18-02-2020
    Business: matter adjd to 8.04.2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-04-2020
    
    Date: 08-04-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-02-2021
    
    Date: 12-02-2021
    Business: None for plaintiff.
    Adv. Chandramore for the defendant No.5.
    Matter is adjd. to 19/03/2021 for service affidavit.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 19-03-2021
    
    Date: 19-03-2021
    Business: Adv.Karan Desai for plaintiff.
    Adv.Mangal Kadam for defendant no 1 and 2.
    Adv.Barat for defendant no.3
    Affidavit of service filed by plaintiff t.o.r.
    Last chance is granted to the plaintiffs for service of summons.
    Matter is adjd. to 29.04.2021 for NM Reply and Service of summons.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2021
    
    Date: 29-04-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: due to covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-08-2021
    
    Date: 24-08-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: Adv. Abhishek Nikhalge  for plaintiff present.
    Adv. Mangal Kadam for defendants No.1 and 2 present.
    Adv. Barot for defendant No.3 present.
    Adv. Chandramore for defendant No.4 present.
    Matter is adjd. to 08/11/2021 for reply/rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-11-2021
    
    Date: 08-11-2021
    Business: court is on leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2021
    
    Date: 14-12-2021
    Business: None present for parties.
    Matter is adjd. to 28/01/2022 N/M reply rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-01-2022
    
    Date: 28-01-2022
    Business: Due to SOP only urgent matters are taken up.
    Matter is adjd. to 30.03.2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-03-2022
    
    Date: 30-03-2022
    Business: Adv. Abhishek for plaintiff present.
    Adv. Chandramore for BMC/defendant no. 5 present and seeks time.
    Adv.Mangal Kadam for defendant/MHADA present and seeks time .
    None present for defendant no. 3.
    Matter is adjd. to 13-06-2022 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 13-06-2022
    
    Date: 13-06-2022
    Business: Adv. Mehul Shah for plaintiff present.
    Adv.Mangal Kadam for defendant/MHADA present.
    Adv. Chandramore for BMC/defendant no.5 present.
    Matter is adjd. to 20-07-2022 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Mehmood Shah for plaintiff present.
    Adv.Mangal Kadam for defendant no. 1 and 2/MHADA present.
    Adv.Chandramore for defendant No. 5/BMC present.
    Adv. Barot for defendant no. 3 present.
    Perusing record it appears that, the say of deft.No.3 is filed on 06.02.2020.
    Matter is adjd. 20.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2022
    
    Date: 20-07-2022
    Business: Adv. Mehmood Shah for plaintiff present.
    Adv.Mangal Kadam for defendant no. 1 and 2/MHADA present.
    Adv.Chandramore for defendant No. 5/BMC present.
    Adv. Barot for defendant no. 3 present.
    Perusing record it appears that, the say of deft.No.3 is filed on 06.02.2020.
    Matter is adjd. 20.08.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: Adv.Mehul Shah for plaintiff present.
    Adv.Mangal Kadam for defendant No.1 and 2/MHADA present.
    Adv.Barot for defendant No.3/MHADA present and submitted that, in this matter the Suit is at the fag end as the evidence of plaintiff is almost completed.  This motion is kept alongwith Suit for hearing.  The plaintiffs advocate is not ready to keep this motion alongiwth Suit and he submitted for hearing. Therefore NM is kept for hearing on next date.
    Matter is adjd. to 23.09.2022 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 20-08-2022
    Business: Adv.Mehul Shah for plaintiff present.
    Adv.Mangal Kadam for defendant No.1 and 2/MHADA present.
    Adv.Barot for defendant No.3/MHADA present and submitted that, in this matter the Suit is at the fag end as the evidence of plaintiff is almost completed.  This motion is kept alongwith Suit for hearing.  The plaintiffs advocate is not ready to keep this motion alongiwth Suit and he submitted for hearing. Therefore NM is kept for hearing on next date.
    Matter is adjd. to 23.09.2022 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-09-2022
    
    Date: 23-09-2022
    Business: Adv. Dipti Thosar for plaintiff and seeking time for hearing. Time granted.
    Adv. Mangal Kadam for defendant No.1 and 2/MHADA present.
    Matter is adjd. to 12.10.2022 for NM hearing.
    LO at 3.28 pm.
    Adv. Aparna Sonawane for deft.no. 3 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2022
    
    Date: 23-09-2022
    Business: Adv. Dipti Thosar for plaintiff and seeking time for hearing. Time granted.
    Adv. Mangal Kadam for defendant No.1 and 2/MHADA present.
    Matter is adjd. to 12.10.2022 for NM hearing.
    LO at 3.28 pm.
    Adv. Aparna Sonawane for deft.no. 3 present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-10-2022
    
    Date: 12-10-2022
    Business: Adv. Abhishek Nikhalge for plaintiff present and seeking time for hearing of NM as concern adv. is not feeling well. Time granted.
    Adv. Barot present for defendant No. 3.
    Matter is adjd. to 14.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 12-10-2022
    Business: Adv. Abhishek Nikhalge for plaintiff present and seeking time for hearing of NM as concern adv. is not feeling well. Time granted.
    Adv. Barot present for defendant No. 3 present.
    Matter is adjd. to 14.12.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-12-2022
    
    Date: 14-12-2022
    Business: Plaintiff present.
    None present for defendant.
    KB for Advocate for plaintiff.
    LO at 4.19 pm
    Adv. Mehul Shah for plaintiff present.
    Adv. Barot I/b Adv. Aparna Sonawane for deft.no.3 present.
    Adv. Chandramore for defendant no. 5/BMC present.
    Matter is adjourned to 13.01.2023 for Notice of Motion Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 14-12-2022
    Business: Plaintiff present.
    None present for defendant.
    KB for Advocate for plaintiff.
    LO at 4.19 pm
    Adv. Mehul Shah for plaintiff present.
    Adv. Barot I/b Adv. Aparna Sonawane for deft.no.3 present.
    Adv. Chandramore for defendant no. 5/BMC present.
    Matter is adjourned to 13.01.2023 for Notice of Motion Hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2023
    
    Date: 13-01-2023
    Business: Plaintiff present.
    None present for defendant.
    Matter is adjourned to 27.02.2023 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-02-2023
    
    Date: 27-02-2023
    Business: As Court is busy in hearing in Notice of Motion No. 3489/2022 in SU No. 2703/18 and dictating order in Ch/s  No. 96/2020 in Suit No. 2728/2016. Hence, Board is discharged.
    Matter is adjourned to 12.04.2023 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 27-02-2023
    Business: As Court is busy in hearing in Notice of Motion No. 3489/2022 in SU No. 2703/18 and dictating order in Ch/s  No. 96/2020 in Suit No. 2728/2016. Hence, Board is discharged.
    Matter is adjourned to 12.04.2023 for  NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-04-2023
    
    Date: 12-04-2023
    Business: Adv.  Abhishek Nikhalge h/f Adv. Mehul Shah for plaintiff present and seeking time as his sr. counsel is engaged in high court and he is unable to present for hearing. Time granted.
    Adv. Mangal Kadam for defendant/MHADA present.
    Adv. D.A. Barot for defendant No.3 present.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjourned to 22.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2023
    
    Date: 12-04-2023
    Business: Adv.  Abhishek Nikhalge h/f Adv. Mehul Shah for plaintiff present and seeking time as his sr. counsel is engaged in high court and he is unable to present for hearing. Time granted.
    Adv. Mangal Kadam for defendant/MHADA present.
    Adv. D.A. Barot for defendant No.3 present.
    Adv. Chandramore for defendant/BMC present.
    Matter is adjourned to 22.06.2023 for Notice of Motion hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-06-2023
    
    Date: 22-06-2023
    Business: Adv. Mr. Abhishekh Nikhare for the plaintiff is present.
    Adv. Ms. Mangal Kadam for defendant Nos. 1 and 2/MHADA is present.
    Adv. Mr. D.A. Barot for defendant No. 3 is present.
    KB LO at 04.45 pm.
    Adv. Mehul Shah for the plaintiff is present.
    Heard both the sides on NM No. 4569/2019.
    Adjourned for NM Order to 30.06.2023.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-06-2023
    
    Date: 30-06-2023
    Business: Adv. Mr. Abhishekh Nikare for the plaintiff is present.
    Adv. Ms. Mangal Kadam for defendant Nos. 1 and 2/MHADA is present.
    Adv. Ms. Ujwala Ghodeswar for defendant No. 3 is present.
    F.R.S.R. the following Order is passed on NM No. 4569/2019:
    -: O R D E R :-
    1.     Notice of Motion No. 4569/2019 is hereby dismissed with
            costs.
    2.     Notice of Motion No. 4569/2019 is disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 30-06-2023
    
    Date: 30-06-2023
    Business: Adv. Mr. Abhishekh Nikare for the plaintiff is present.
    Adv. Ms. Mangal Kadam for defendant Nos. 1 and 2/MHADA is present.
    Adv. Ms. Ujwala Ghodeswar for defendant No. 3 is present.
    F.R.S.R. the following Order is passed on NM No. 4569/2019:
    -: O R D E R :-
    1.     Notice of Motion No. 4569/2019 is hereby dismissed with
            costs.
    2.     Notice of Motion No. 4569/2019 is disposed off accordingly.
    Nature Of Disposal: DISMISSED
    Disposal Date: 30-06-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 113359/2019
    Filing Date: 03-12-2019
    First Hearing Date: 14th January 2020
    Decision Date: 30th June 2023
    Court Number And Judge: 9-COURT 09 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    30 Jun 2023

    Order Details: Notice of Motion Pdf Text: 1 MHCC010125302019 IN THE BOMBAY CITY CIVIL COURT AT MUMBAI NOTICE OF MOTION NO. 4569 OF 2019 IN SUIT NO. 604 OF 2010. Rameshchandra L. Jain alias ] Shah. ]..Applicant. IN THE MATTER BETWEEN Rameshchandra L. Jain alias ] Shah. ]..Plaintiff. V/s. 1. The Chief Officer, MHADA ] and others. ]..Defendants. Advocate Mr. Abhishekh Nikharge for the plaintiff. Advocate Ms. Mangal Kadam for defendants Nos.1 and 2/MHADA. Advocate Mr. D.A. Barot for defendant…

    Read Full Order

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