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NOTICE OF MOTION

Shyamkumar Rupchand BhatiaVsKamal Sunil Bhatia +2 more

CNR MHCC0100036920183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 27th February 2018

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100115/2018
Registration Date
10 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    4

    Petitioner

    1. 1Shyamkumar Rupchand Bhatia

    Respondent

    1. 1Kamal Sunil Bhatia
    2. 2Mohanlal Sevaldas Motwani
    3. 3Mala Ajit Mirchandani

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 27-02-2018
Business: Heard both sides in NM No.115/2018.
By this notice of motion, the D-1 is praying for recalling the order dated 8.12.2017 passed by this court and for permission to file written statement.
Heard the Ld. counsel for the parties.
The D-1 has explained the reasons for the delay in paragraph no.3 to 11 of the affidavit filed in support of the notice of motion. It is stated that the plaintiff had amended the plaint and D-1 was required to file written statement on the basis of amended plaint. It appears that written statement was lying ready with the advocate for D-1 but it was not filed due to mistake of junior advocate.
The D-1 has made out sufficient cause for condoning the delay of about 1 year. However, the plaintiff has to be compensated by imposing cost on D-1. Hence notice of motion no. 115/2018 is made absolute in terms of prayer clause (a)  subject to  payment  of cost of Rs.5000/- to be plaintiff within two weeks from today. If the cost is paid, the written statement be tak
Nature Of Disposal: ALLOWED
Disposal Date: 27-02-2018

    Additional Case Details

    Additional Case Details
    Filing Number: 100449/2018
Filing Date: 10-01-2018
First Hearing Date: 27th February 2018
Decision Date: 27th February 2018
Court Number And Judge: 3-COURT 03  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    27 Feb 2018

    Order Details: Other Pdf Text: 27.02.2018 SU 32/17 CORAM : G.R. AGRAWAL, JUDGE (C.R. No.03) Adv. D.A. Barot for plaintiff present. Adv. Singh for D-1 present and tendered original NM No.115/2018 alongwith affidavit, taken on record D-2,7 and 8 have not filed written statement till today despite service. Hence suit to proceed without their written statement. Plaintiff is directed to take steps to serve D-4. Issue fresh writ of summons. Heard both sides in NM No.115/2018. By this notice of…

    Read Full Order

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