NOTICE OF MOTION
Ms. Sakina Bano Mohammed Sharif Wd of Mohammed Sharif Shah - Suit Stamp No.14131 of 2017VsThe Bombay Electric Supply And Transport Undertaking And Anr
CNR MHCC0100009020188-COURT 08 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 06th June 2023
TrustJury record updated 22 Sept 2026
Case Overview
- Registration Number
- 100048/2018
- Registration Date
- 04 Jan 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 05-01-2018
Business: Adv. Madhu Lad for pltff.
Adv. Sarang for deft.
Registered NM No. 48/2018 along with affidavit of service filed. TOR
Affidavit of service filed. TOR
Adjd to 08.01.2018 for ad interim.
Reason For Adjournment: court time is over
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 08-01-2018
Date: 08-01-2018
Business: Adv. Uday Puri for Plaintiff
Adv. Yasmin Sarang for Defendant 1 and 2.
Ad interim order
Plaintiff is having electricity connection in the suit premises. Defendant raise bill upon the plaintiff for the amount of Rs. 2,24,700/-. Thereafter defendant on 11.12.2017 sent notice to the plaintiffs calling upon to pay electricity bills. There is a dispute about the use of the suit premises as to residential or its commercial. Plaintiff shown his readiness to pay Rs. 10,000/- p.m. to the defendant but defendant not pay heed to her willingness.
Ld Adv appearing for the defendant sought time to file reply. I find before passing ad interim protection it is just and desirable to give opportunity to the defendant to file the reply. Hence ad interim is refused.
Matter Adjd for reply to 12.01.2018.
Reason For Adjournment: court time is over
Next Purpose: AD-INTERIM ORDER
Next Hearing Date: 12-01-2018
Date: 12-01-2018
Business: Adv. Uday Puri for Plaintiff
Adv. Yasmin Sarang for Defendant filed reply to NM
Both the Advocates by consent submitted that there are elements of settlement, matter be referred to mediation before judge mediator.
Matter Adjd for mediation report to 21.03.2018.
Reason For Adjournment: court time is over
Next Purpose: MEDIATION REPORT
Next Hearing Date: 21-03-2018
Date: 21-03-2018
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 26-03-2018
Date: 26-03-2018
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 13-04-2018
Date: 13-04-2018
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 02-05-2018
Date: 02-05-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-06-2018
Date: 05-06-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 07-08-2018
Date: 07-08-2018
Business: Matter adj. to 05/09/2018 for Hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-09-2018
Date: 05-09-2018
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-11-2018
Date: 19-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2018
Date: 29-11-2018
Reason For Adjournment: court time is over
Next Purpose: NM ORDERS
Next Hearing Date: 20-12-2018
Date: 20-12-2018
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-01-2019
Date: 16-01-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 26-03-2019
Date: 26-03-2019
Reason For Adjournment: court time is over
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-04-2019
Date: 25-04-2019
Business: Adjd
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-08-2019
Date: 22-08-2019
Business: None present for the plaintiff.
Adv. Yasmin Sarang for defendant present.
Adjd to 01/10/2019 for reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Adv. Ms. Madhu Lad for the Plaintiff present.
Adv. Yasmin Sarang for Defendant present.
The Plaintiff has not taken any steps to register the suit since December 2017. Hence the Plaintiff is directed to register the suit without fail on next date and failure to which, suit will be dismissed on next date.
Matter is adjd. to 10.10.2019 for compliance by the Plaintiff or for dismissal order.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-10-2019
Date: 10-10-2019
Business: Adv. Ms. Madhu Lad for the Plaintiff present.
Adv. Ms. Yasmin Sarang for the Defendant present.
Adv for the Plaintiff seeks extension of time to register the suit. Time is extended as a last chance, subject to payment of costs of Rs.1000/- payable by the Plaintiff to the Defendant.
Matter is adjd. to 18.10.2019
Next Purpose: COMPLIANCE
Next Hearing Date: 18-10-2019
Date: 18-10-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 29-10-2019
Date: 29-10-2019
Reason For Adjournment: court time is over
Next Purpose: DIRECTIONS
Next Hearing Date: 29-11-2019
Date: 29-11-2019
Business: The court is on Leave
Next Purpose: DIRECTIONS
Next Hearing Date: 22-02-2020
Date: 22-02-2020
Business: matter adjd to 29.02.2020
Next Purpose: DIRECTIONS
Next Hearing Date: 29-02-2020
Date: 29-02-2020
Business: Adv. Shradhha Jadhav for Plaintiff present. Adv. Ms. Sarang for Defendant present. Adjd. to R/E directions for 27/3/2020.
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 27-03-2020
Date: 27-03-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 08-04-2020
Date: 08-04-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 20-04-2020
Date: 20-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 11-05-2020
Date: 11-05-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 30-05-2020
Date: 30-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 17-06-2020
Date: 17-06-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 03-11-2020
Date: 03-11-2020
Next Purpose: RECORDING EVIDENCE
Next Hearing Date: 22-01-2021
Date: 22-01-2021
Business: None for plaintiff.
Adv. Yasmin Sarang for the defendant.
Matter is adjd. to 25/03/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 25-03-2021
Date: 25-03-2021
Business: None for plaintiff
Adv. Yasmin Sarang for defendant.
Plaint
Vakalatnama
Memorandum of address in plaint.
List of documents in plaint.
Written statement filed by advocate for the defendant. t.o.r.
Due to SOP only urgent matter are taken up.
Matter is adjd. to 29/06/2021 for NM hearing.
L.O.
Adv. Mr. J. S. Udaypuri for the plaintiff.
He request for a short date and undertakes to intimate the changed date to the advocate for defendants
Matter is adjd. to 20/04/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-04-2021
Date: 20-04-2021
Business: Due to Covid-19
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Business: Due to COVID-19 pandemic.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Business: None for plaintiff.
Adv. Yasmin Sarang for the defendant No.1 present.
Matter is adjd. to 22/11/2021 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-11-2021
Date: 22-11-2021
Business: court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 03-12-2021
Date: 03-12-2021
Business: Adv Mr.J.A.Udaypuri present for the plaintiff.
Adv Yasmin Sarang present for the defendant.
Heard argument for plaintiff regarding NM No.48/18. Ld advocate for the defendant submits that she want certain time to produce the documents to show that the meter against which the defendant has shown the amount of arrears was standing in the name of plaintiff. Ld advocate for the plaintiff submits that, by that time the defendant may be directed not to disconnect the power supply regarding the meter no.682416135*7. It appears from Page 40 and 41 that the plaintiff has paid the previous bills regularly. In the circumstances by the time the defendant produces some record in the Court, it is necessary to insure that the defendant gets regular power supply. Accordingly, the defendant is directed not to disconnect the power supply of aforesaid meter no. 682416135*7 for the recovery of Rs.2,24,740.60/-. Both the parties are directed to take the note and act accordingly till next date.
Matter is adjd. to 21.01.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-01-2022
Date: 21-01-2022
Business: Due to SOP only urgent matters are taken up.
Matter is adjd. to 17.03.2022 for NM hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-03-2022
Date: 17-03-2022
Business: None present for plaintiff.
None present for defendant.
As both side parties and their advocates are absent, Matter adjourned for nm hrg./order to 27/04/22.
l.o. at 04.00pm.
Adv. Kshirsagar present for plaintiff.
Next Purpose: NM ORDERS
Next Hearing Date: 27-04-2022
Date: 27-04-2022
Business: Adv. Ms. Sofia for plaintiff is present and sought adjournment.
Adv. Ms. Yasmin Sarang for defendants is present.
Matter adjourned for NM hearing to 29.06.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-06-2022
Date: 29-06-2022
Business: None present for plaintiff.
Adv. Yasmeen Sarang present for defendants.
As plaintiff and his Adv are absent.
Matter adjourned for NM Hearing/NM Dismissal order to 27.07.2022.
Next Purpose: NM FOR HEARING
Next Hearing Date: 27-07-2022
Date: 27-07-2022
Business: Adv. Madhu Lad present for plaintiff and sought adjournment.
Adv. Yasmin sarang present for defendant.
Matter adjourned for nm hearing to 11/08/22.
Next Purpose: NM FOR HEARING
Next Hearing Date: 11-08-2022
Date: 11-08-2022
Business: As P.O. is on leave. Matter is adjd. to
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-09-2022
Date: 16-09-2022
Business: None present for plaintiff.
Adv. Yasmin sarang present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for nm dismissal order to 30/09/22.
l.o. at 03.23 pm.
Adv. Udaypuri present for plaintiff.
Next Purpose: NM FOR DISMISSAL
Next Hearing Date: 30-09-2022
Date: 30-09-2022
Business: Adv. Madhu Lad present for plaintiff.
Adv. Yasmin sarang present for defendant.
There appear elements of settlement. Hence, matter be kept in lok-adalat dt. 12/11/22.
Issue notice to the parties.
Matter adjourned for lok nyayalaya to 12/11/22.
Next Purpose: Lok-Nyayalay
Next Hearing Date: 12-11-2022
Date: 12-11-2022
Business: Plaintiff a/w. her Adv.J.R.Kshirsagar present.
Adv.Yasmin Sarang for defendant present.
Compromise not took place.
Matter adjd to 18.11.2022 as per cited stage on previous date.
Next Purpose: HEARING
Next Hearing Date: 18-11-2022
Date: 18-11-2022
Business: Adv J.A. Udaipuri present for plaintiff and sought adjournment for settlement.
Adv Yasmeen Sarang present for defendant.
Matter adjourned for settlement/Notice of Motion hearing to 21.12.2022.
Next Purpose: SETTLEMENT
Next Hearing Date: 21-12-2022
Date: 21-12-2022
Business: None present for plaintiff.
Adv. Yasmin sarang present for defendants and submitted that, settlement talks are going on.
As plaintiff and his adv. are absent, Matter adjourned for nm hearing to 10/02/23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 10-02-2023
Date: 10-02-2023
Business: Court is on leave
Next Purpose: NM FOR HEARING
Next Hearing Date: 13-03-2023
Date: 13-03-2023
Business: Adv. Madhu Lad present for plaintiff and sought adjournment. Adv. Yasmin sarang present for defendant. Matter adjourned for nm hearing to 17/04/23
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-04-2023
Date: 17-04-2023
Business: None present for plaintiff.
Adv. Yasmin Sarang present for defendant.
As plaintiff and his adv. are absent, Matter adjourned for nm hearing to 06-06-23.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-06-2023
Date: 06-06-2023
Business: Adv. Madhu Lad present for plaintiff and filed application for withdrawing the suit. TOR and marked as Exh.6.
Adv. Yasmin Sarang present for defendant.
Order below Exh.6.
Perused the application. Heard both sides. Defendant has no objection to allow withdrawal of this suit. Therefore, following order:-
1. Application is allowed.
2. Suit stands disposed off as withdrawn.
3. Notice of Motion No.48/2018 stands disposed off.
Nature Of Disposal: OTHERWISE
Disposal Date: 06-06-2023Additional Case Details
Additional Case Details
Filing Number: 100127/2018 Filing Date: 04-01-2018 First Hearing Date: 05th January 2018 Decision Date: 06th June 2023 Court Number And Judge: 8-COURT 08 ADDL SESSIONS JUDGE
Orders
1Final Order 106 Jun 2023
06 Jun 2023
Order Details: Other Pdf Text: 06.06.2023 34 Coram: H.H.J. Shri. V. G. Raghuvanshi, City Civil Court, Mumbai.(C.R.08) SU 2716/2019 Exh.6 Adv. Madhu Lad present for plaintiff and filed application for withdrawing the suit. TOR and marked as Exh.6. Adv. Yasmin Sarang present for defendant. Order below Exh.6. Perused the application. Heard both sides. Defendant has no objection to allow withdrawal of this suit. Therefore, following order: 1. Application is allowed. 2. Suit stands disposed off as withdrawn. 3. Notice of Motion No.48/2018 stands disposed off. Judge -- 1 of 1 --
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