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MISC APPEAL

Prakash Ramchand MadyalkarVsEstate Officer

CNR MHCC01000346201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 18th February 2020

TrustJury record updated 17 Sept 2026

Case Overview

Registration Number
100006/2019
Registration Date
10 Jan 2019

Advocates

2

Parties

2

Acts & Sections

1
Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act · Sec 5(i)

Case History / Proceedings

Case History
Date: 11-01-2019
Business: Adv. P.D. Gandhi for appellant present.
None present for respondent.
Kept back.
Later on at 2.45 p.m.
Same appearances.
None present for respondent inspite of service of notice.
Exh.2Stay application.
Adjd. to 18/01/2019 for appearance.
In the mean time the execution of the order dated 28/12/2018 is stayed till next date.
Next Purpose: FOR APPERANCE
Next Hearing Date: 18-01-2019

Date: 18-01-2019
Business: Adv. Kaustubh Patil for appellant present.
Adv. Shriram Redij for respondent present.
Exh.3Memo of appearance of respondent.
Exh.4Appellant files affidavit of service.
Adjd. to 11/02/2019 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 11-02-2019

Date: 11-02-2019
Business: 11/02/2019 CORAM HIS HONOUR 2nd ADDITIONAL PRINCIPAL JUDGE,  SHRI S. A. QUAZI.
Misc. A. 6/19 As Hon\''ble Principal Juge is notified to be elevated, the matter placed before C.R. No. 4.
Adv. Kaustubh Patil for appellant present.
Adv. Shreeram Redij for respondent present.
Adjd. to 06/03/2019 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Business: Adv. Arvind Giriraj for appellant present.
Adv. Shreeram Redij for respondent present.
Respondent seeks time to file R and P.
Adjd. to 20/03/2019 for R and P.
Earlier order to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 20-03-2019

Date: 20-03-2019
Business: Adv. Arvind Giriraj for appellant present.
Adv. Shreeram Redij for respondent present.
Respondent tenders R and P. Copy served to other side.
Adjd. to 08/04/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 08-04-2019

Date: 08-04-2019
Business: Adv. Ayush Sharma for appellant present.
Adv. Shreeram Redij for respondent present.
Exh.5Respondent files affidavit.
O-R and R.
Adjd. to 12/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-06-2019

Date: 12-06-2019
Business: Adv. P.D. Gandhi for appellant present.
Adv. Kunal Thakkar h/f Adv. Shreeram Redij for respondent present.
At the request of respondent, adjd. to 26/06/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. P.D. Gandhi for appellant present.
Adv. Kunal Thakkar h/f Adv. Shriram Redij for respondent present.
The P.O. had been to J.J.B. Dongri for memo reading, adjd. to 15/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 15-07-2019

Date: 15-07-2019
Business: Adv. Arvind Giriraj i/b M/s. P. D. Gandhy and Associates for appellant is present.
Adv. Shriram Redij for respondent is present.
Advocate for appellant submits that senior Adv. Mr.P.D. Gandhy is unable to attend the Court today due to personal difficulty and prays for adjournment.
Adjd. to 21.08.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-08-2019

Date: 21-08-2019
Business: Adv. Mr.P.D. Gandhy for appellant is present.
Adv. Mr.Shriram Redij for respondent is present.
As the Court is busy in hearing old matters, adjourned to 27.09.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 27-09-2019

Date: 27-09-2019
Business: Adv. Arvind Giriraj for i/b M/s.P. D. Gandhy and Associates for appellant is present.
Adv. Shriram Redij for respondent is present.
Adjourned to 23.10.2019 for Hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 23-10-2019

Date: 23-10-2019
Business: Adv Mr. P.D. Gandhy for appellant present.
Mr. Sanni Kumar Gupta, Jr. Engineer MCD-V CPWD for respondent present.
Adv Mr. Kunal Thakkar I/b Adv Mr. Shriram Redij for respondent present.
Adjd. To 20.11.2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-11-2019

Date: 20-11-2019
Business: Adv. Arvind Giriraj i/b P. D. Gandhy and Associates for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
Mr. Sanjay Kumar Meena, Assistant Engineer of CPWD is present.
Adjourned to 20.12.2019 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 20-12-2019

Date: 20-12-2019
Business: Adv. P. D. Gandhy i/b M/s. P. D. Gandhy and Associates for appellant is present.
Adv. Shreeram Redij for respondent is present.
At the request of advocate for appellant, adjourned to 13.01.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 13-01-2020

Date: 13-01-2020
Business: Adv. P. D. Gandhy i/b M/s. P. D. Gandhy and Associates for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
By consent, adjourned to 05.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 05-02-2020

Date: 05-02-2020
Business: Adv. P. D. Gandhy i/b M/s. P. D. Gandhy and Associates for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present.
Heard final arguments of advocate for appellant.
Adjourned to 12.02.2020 for Arguments P/H.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Adv. P. D. Gandhy i/b M/s. P. D. Gandhy and Associates for appellant is present.
Adv. Kunal Thakkar i/b Adv. Shriram Redij for respondent is present and submits that his senior is not available today for argue the matter and seeks adjournment.
Adjourned to 14.02.2020 for Arguments of respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 14-02-2020

Date: 14-02-2020
Business: Adv. Arvind Giriraj i/b P. D. Gandhy and Associates for appellant is present.
Adv. Shriram Redij for respondent is present.
Heard final arguments of Adv. Redij for respondent.
KB
Later on
Adv. P. D. Gandhy i/b P. D. Gandhy and Associates for appellant is present.
Heard argument in reply of advocate for appellant.
Adjourned to 18.02.2020 for Judgment.
Earlier order, if any, to continue till next date.
Next Purpose: JUDGMENT
Next Hearing Date: 18-02-2020

Date: 18-02-2020
Business: Appellant is present.
Adv. Preet Chawda i/b M/s. P. D. Gandhy  and Associates for appellant is present.
Adv. Shriram Redij for respondent is present.
Judgment is dictated and pronounced in open Court.
F.R.S.R. Following order is passed.
ORDER
1) Misc. Appeal no. 06/19 is allowed.
2) The impugned order dated 28th December, 2018 is hereby set aside.
3) The matter is remanded back to the Estate Officer for deciding afresh i.e. the Estate Officer shall give the opportunity of hearing to the appellant. Thereafter, Estate Officer shall complete the inquiry as early as possible.
4) R and P sent back.
Nature Of Disposal: ALLOWED
Disposal Date: 18-02-2020

Additional Case Details

Additional Case Details
Filing Number: 100414/2019
Filing Date: 09-01-2019
First Hearing Date: 11th January 2019
Decision Date: 18th February 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
18 Feb 2020

Order Details: Copy of Judgment Pdf Text: 1 Misc.App.06.19 Received on : 09/01/2019 Registered on : 10/01/2019 Decided on : 18/02/2020 Duration : Y M D 01 01 08 IN THE COURT BOMBAY CITY CIVIL COURT AT GR.BOMBAY Misc.Appeal No.06 of 2019 Prakash Ramchand Madyalkar of Mumbai, Indian inhabitant, aged 46 years, having address at S. No.262, Hut No.PSNG/12 & PSNG/98, Opp.BMC Colony, Gate no.1, Malwani, Malad(W), Mumbai-95 ..Appellant V/s. Estate Officer, Mumbai Central Division V, Central PWD, Chintamani Plaza,…

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