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Bar Council of Maharashtra & Goa · Roll No. MAH/5287/2023 tamashaikh123@gmail.com
Adv. Tamanna ShaikhAdvocate · Malad West, Mumbai
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Advocate in Borivali, Mumbai

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Borivali matters more to this practice than its distance from Malad would suggest, because the Metropolitan Magistrate’s Court at Borivali is where a large share of the criminal work from the far western suburbs is heard. Enquiries from Borivali therefore tend to divide cleanly: court matters, and institutional matters that go to Worli.

The magistrate’s court

Summons and warrant cases, applications, and the early stages of criminal matters from this part of the western suburbs come before the Metropolitan Magistrate at Borivali. What arrives at chambers is usually one of three things: a notice under Section 41A of the Code requiring attendance at a police station; an FIR that has been registered and the question of anticipatory bail; or a complaint someone wishes to make and needs drafted properly.

The one piece of practical advice worth putting on a web page is about timing. A 41A notice is not an emergency, but it is not something to ignore either, and the window in which options are widest is before attendance rather than after. Where custody is a live risk, bail work moves to the Sessions Court at Dindoshi.

Trusts, societies and older institutions

Borivali, IC Colony, Shimpoli, Gorai and Eksar carry a long-established set of schools, hospitals, community halls, religious institutions and welfare bodies, many holding property. Those are public trusts or registered societies, and their administration runs through the Maharashtra Public Trusts Act, 1950.

The work is the same as anywhere else in Greater Mumbai and is dealt with at the Charity Commissioner’s office at Worli: registration, change reports under Section 22 when trustees or property change, Section 36 sanction before any sale or long lease of trust property, and the annual cycle of accounts, audit and filing. Where the board has divided into camps, it becomes a trustee dispute, and the first question is always what the register and the deed actually say rather than who has been acting.

Property near the National Park

Land questions in the belt towards Gorai and the boundary of the national park carry their own complications, and trust-held land adds another layer: a transaction that would be straightforward for a private owner requires prior sanction where the owner is a public trust. Anyone dealing with such property — buying, taking on lease, or advising a society about redevelopment — should establish the owner’s status at the outset. See property matters and encroachment.

Business registrations

The commercial areas around Borivali station, Chandavarkar Road and the Link Road stretch generate the ordinary run of GST registrations, amendments, cancellations and notice replies. This is portal work and location is irrelevant to it; what is not irrelevant is reading a notice properly before replying to it.

Name changes and documents

Borivali enquiries frequently concern personal documentation — a name change published in the Maharashtra Gazette, or a legal notice that needs to be drafted and served. These are small matters in themselves but they block larger things — passports, admissions, property transfers — and they are worth getting right the first time.

Women and family matters

Proceedings under the Domestic Violence Act, maintenance, custody and divorce are heard before the magistrate or at the Family Court at Bandra depending on the relief sought. A first consultation in these matters is usually spent establishing what the realistic routes are and what each involves in time and disclosure, rather than filing anything.

Getting here

Borivali is two stations north of Malad on the Western line. The chambers at Malwani MHADA are reached from Link Road and Marve Road. For a matter listed at Borivali court there is no need to come to chambers first — but for anything that requires documents to be read, a sitting at chambers is more useful than a conversation at the court gate.

What to bring

  • Criminal: the FIR or notice, the sections, the police station, and the dates.
  • Trust or society: the deed or memorandum, registration number, register extract, and the last audited accounts.
  • Property: the documents of title you hold and any correspondence from the society or the other side.
  • Documents work: whatever existing record carries the error, and the document you need it to match.

Where appearances are made

Office of the Charity Commissioner, Maharashtra, Worli; the Metropolitan Magistrate’s Court, Borivali; the City Civil and Sessions Court, Dindoshi, Goregaon; and the Family Court, Bandra.

Chambers and appointments

Chambers are at 704 Classic Building, Gate No. 8, Malwani MHADA, Malad (West), Mumbai 400095. Consultations are by appointment. To fix a time, telephone or send a message on WhatsApp to +91 99301 50560, or use the contact page.

This page describes general procedure and is published for information only, in keeping with Rule 36 of the Bar Council of India Rules. It is not legal advice and does not solicit work. What applies to a particular matter depends on its own facts.

Consultation

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Consultations are by appointment — at the chambers in Malad West or on the telephone.

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