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NOTICE OF MOTION

Ms. V. BuildVsMCGM +1 more

CNR MHCC0101507820184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--DISMISSED
Decision Date: 18th March 2023

TrustJury record updated 15 Sept 2026

Case Overview

Registration Number
104538/2018
Registration Date
05 Dec 2018

Advocates

1

For Respondent

    Not available

    Parties

    3

    Acts & Sections

    1
    Protection of Women from Domestic Violence Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 11-01-2019
    Business: None present for plff.
    Adv Mhatre h/f adv Bhoir for BMC/deft. present.
    Adjd to 27/02/2019 for service and reply to NM.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 27-02-2019
    
    Date: 27-02-2019
    Business: Court is on leave. Hence, matter is adjourned.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 20-03-2019
    
    Date: 20-03-2019
    Business: Representative of Plff present and his Adv. absent.
    Adv. Mrs. Smita Chavan for MCGM/Deft present.
    Adjd to 3/5/2019 for service of N/M.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 03-05-2019
    
    Date: 03-05-2019
    Business: Plff present.
    Adv. Mrs. Bhoir for MCGM/deft. present.
    Adjd to 19/7/2019 for service.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 19-07-2019
    
    Date: 19-07-2019
    Business: Partner of plaintiff present.
    Adv. Khandagle h/f Adv. Ms. Patil for MCGM/Deft. present.
    Adjd to 24.09.2019 for service.
    Next Purpose: NM REST0STORATION OF SUIT
    Next Hearing Date: 24-09-2019
    
    Date: 24-09-2019
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-11-2019
    
    Date: 21-11-2019
    Business: None for plff.
    Adv. Ms. Patil for MCGM/Defendant no.1 present.
    Adv. Mr. R.S. Dubey for deft no.2 present.
    On oral request of ld advocates for Defendant nos.1 and 2, adjournment granted.
    Plff is directed to tender original NM on or before next date.
    Adjd to 24.01.2020 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 24-01-2020
    
    Date: 24-01-2020
    Business: Adv. Akshay Shetty for plaintiff present.
    Adv. Ms. Patil for MCGM/Defendant present.
    On oral request of advocate for Defendant, adjournment granted as last chance.
    Matter adjd to 17.03.2020 for NM reply.
    Next Purpose: REPLY
    Next Hearing Date: 17-03-2020
    
    Date: 17-03-2020
    Business: None for plaintiff
    Adv. Ms. Patil for MCGM/Defendant present.
     Matter adjd to 7.07.2020   for CS reply
    Next Purpose: REPLY
    Next Hearing Date: 07-07-2020
    
    Date: 07-07-2020
    Business: Due to covid -19
    Next Purpose: REPLY
    Next Hearing Date: 29-10-2020
    
    Date: 29-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: REPLY
    Next Hearing Date: 19-01-2021
    
    Date: 19-01-2021
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 11-03-2021
    
    Date: 11-03-2021
    Business: Adv. R.R. Yadav for plaintiff present and undertakes to file V/P. on next date.
    Adv. Chavan for deft no.1/MCGM present.
    None for Defendant No.2.
    Matter adjd to 17/04/2021 for N/m reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-04-2021
    
    Date: 17-04-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-06-2021
    
    Date: 12-06-2021
    Business: Due to Covid-19, matter is adjd to
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-08-2021
    
    Date: 21-08-2021
    Business: Court is half day (second sessions) leave
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-10-2021
    
    Date: 05-10-2021
    Business: Shri Navinchandra Kothari, partner of the plaintiff present and tendered original registered NM No.4538/18 along with affidavit in support thereof. TOR.
    Adv for the plaintiff absent.
    Adv Mrs Rawade for defendant no.1 / MCGM present and requests for time to file reply to NM.
    O- Time is granted till next date.
    None for defendant no.2.
    Adjd. To 25/11/2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-11-2021
    
    Date: 25-11-2021
    Business: None for plaintiff.
    Adv Mrs Rawade for defendant no.1 / MCGM present and and requests for time to file reply to NM. Time is granted till next date.
    None for Defendant No.2.
    Matter is adjd to 04/01/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 04-01-2022
    
    Date: 04-01-2022
    Business: None for plaintiff.
    Adv Khandagale h/f Adv Rawade for defendant  / MCGM present and requests for time to file reply to NM.
    Time is granted till next date.
    Adjd. To 17/02/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-02-2022
    
    Date: 17-02-2022
    Business: HHJ is on leave.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 24-03-2022
    
    Date: 24-03-2022
    Business: Proprietor of plaintiff present.
    Adv Mrs Rawade for defendant no.1/ MCGM is present and requests for time to file reply to NM. Time is granted till next date.
    Advocate for defendant no.2 present.
    On oral request of advocate for defendants, matter is adjourned till next date for filing NM reply.
    Adjd. To 07/06/2022 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-06-2022
    
    Date: 07-06-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant / MCGM is present and requested for time to file reply to N/M. Time granted till next date.
    Adjd. to 14/07/2022 for reply to N/M.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-07-2022
    
    Date: 14-07-2022
    Business: None for plaintiff
    Adv. Mrs. Rawade for defendant 1/ MCGM is present and requested time to file reply on N/M. Time is granted till next date as a last chance.
    None for deft. No. 2.
    Adjd. to 20/08/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-08-2022
    
    Date: 20-08-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant/ MCGM is present and requested time to file reply on N/M. Time is granted till next date.
    Adjd. to 17/09/2022 for N/M reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 17-09-2022
    
    Date: 17-09-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant No.1/ BMC is present and has given say on N/M No.4538/2018 overleaf.
    Adjd. to 15/10/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-10-2022
    
    Date: 15-10-2022
    Business: None for plaintiff
    Adv. Mrs. Tondwalkar h/f Adv. Mrs. Rawade for defendant/ BMC is present.
    Adjd. to 03/11/2022 for N/M hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-11-2022
    
    Date: 03-11-2022
    Business: P.O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-11-2022
    
    Date: 19-11-2022
    Business: None for plaintiff.
    Adv. Mrs. Rawade for defendant No.1/ BMC is present.
    Adv. U. V. Singh for defendant No.2 present.
    This N/M is taking out for restoration of suit and pending since long for hearing. The roznama shows that since many dates neither plaintiff nor his advocate present and not taking further steps. Hence, matter is adjourned for N/M dismissal.
    Adjd. to 17/12/2022 for N/M dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 17-12-2022
    
    Date: 17-12-2022
    Business: As Court is on leave today, board is discharged.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 21-01-2023
    
    Date: 21-01-2023
    Business: Court is on leave.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-02-2023
    
    Date: 18-02-2023
    Business: None for plaintiff
    Adv. Mrs. Mhatre for defendant/BMC present.
    This Notice of Motion has been taken out by the plaintiff in 2015 for condonation of delay that has caused in filing application for restoration of Suit No. 2516/2015. However, the Roznama shows that since September 2022 this Notice of Motion is pending for hearing. Neither the plaintiff nor advocate remains present since many dates. Hence the matter was kept for Dismissal Order on 17/12/2022. Today when called upto 4.30 none for plaintiff. Hence put for Dismissal Order.
    Adjd. to 18/3/2023 for dismissal of N/M.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 18-03-2023
    
    Date: 18-03-2023
    Business: None for plaintiff.
    Adv. Mhatre for defendant no. 1/ BMC is present.
    None for defendant no. 2.
    Order below NM No. 4538/2018
    This Notice of Motion is pending for hearing since 19.09.2022. This Notice of Motion has been taken out for restoration of the Suit No. 2514/2016 which has been disposed off for want of prosecution on dtd. 12.02.2018. The matter was repeatedly adjourned for hearing on Notice of Motion. However neither plaintiff nor his advocate remains present. This shows that plaintiff is not interested to proceed with the matter. Hence, I have no option but to dismiss the Notice of Motion for want of prosecution. Hence, I passed following order.
    ORDER
    1.  Notice of Motion No. 4538/2018 is dismissed for want of prosecution.
    R and P be sent to Record Department.
    Nature Of Disposal: DISMISSED
    Disposal Date: 18-03-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 116042/2018
    Filing Date: 04-12-2018
    First Hearing Date: 11th January 2019
    Decision Date: 18th March 2023
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    2
    Final Order 1
    18 Mar 2023
    Order Details: Other
    Order 1
    18 Mar 2023
    Order Details: Other

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