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CHAMBER SUMMONS

M/s. Bharat Rice MillsVsM/s. Marvelo India +1 more

CNR MHCC01000512201861-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 11th April 2023

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100089/2018
Registration Date
11 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Petitioner

    1. 1M/s. Bharat Rice Mills

    Respondent

    1. 1M/s. Marvelo India
    2. 2Alpesh Patel

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 14-06-2018
Business: Adv. Ramesh Gupta present for plff.
Adv. Ramanand Sikwal present for deft. no. 2
Adv. for Deft. no. 2 filed registered N/M no.1980/18.
Copy served to plff.
Adv. for plff sought time to filed registered Ch/s no. 89/18.
Adjd. For tendering registered Ch/s no. 89/18 and for reply on N/M no. 1980/18 on 27.08.2018.
Next Purpose: REPLY
Next Hearing Date: 27-08-2018

Date: 27-08-2018
Business: P. O. IS ON LEAVE
Next Purpose: REPLY
Next Hearing Date: 23-01-2019

Date: 23-01-2019
Business: Adv for plff.Ramesh gupta present
Adv for deft nos 1 and 2 Ms. Saundankar
Adv for deft no.4 Mr. Ashish Dubey
Adv for deft no. 4 filed vakalatnama and reply to C/S 89/18
Adv for deft No. 1 and 2 prayed for Adjournment for Argument on N/M
Matter is Adjd for Steps against proposed deft in C/S 89/18 on 06/03/2019
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-03-2019

Date: 06-03-2019
Reason For Adjournment: court time is over
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 04-05-2019

Date: 04-05-2019
Business: H.H.J. is on Mediation Training
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 22-07-2019

Date: 22-07-2019
Business: adjd
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 29-08-2019

Date: 29-08-2019
Business: None for plaintiff and defendant.
L.O. at
Adv. Mahendra Shingade for defendant No.2 present
Matter adjd for taking steps to 06.11.2019.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 06-11-2019

Date: 06-11-2019
Business: Adv. Vijay Vaghela for plaintiff present, he tendered affidavit of service.
Adv.Ashish Dubey for proposed defendant No.2 present.
Matter adj for ch/s hearing to 06.12.2019.
Next Purpose: C/S  HEARING
Next Hearing Date: 06-12-2019

Date: 06-12-2019
Business: P.O. is on Training, Board discharged..
Next Purpose: C/S  HEARING
Next Hearing Date: 04-02-2020

Date: 04-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Vijay Vaghela for plff. Present.
Adv. Ashish Dubey for proposed deft. no. 2 present.
Argument heard
Matter is adjd to 12.02.2020 for order of Ch/s.
Next Purpose: ORDER
Next Hearing Date: 12-02-2020

Date: 12-02-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Vijay Vaghela for plff. Present.
Adv. For deft. Absent.
Matter is adjd to 02.03.2020 for Order.
Next Purpose: ORDER
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: Plaintiff absent.
Defendant absent.
Adv. Sujat Natekar for plff. Present.
Adv. Ashish Dubey for deft. Present.
Matter is adjd to 19.03.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: As per Corona Virus Circular dated on 16.03.2020.
Matter transferred from C.R. 60 but physically not received.
Hence matter is adjd to 18.06.2020 for Hearing
Next Purpose: HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Business: Due to Covid-19 Lockdown
Next Purpose: HEARING
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 05-10-2020

Date: 05-10-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 09-12-2020

Date: 09-12-2020
Business: Both the parties and his advocate are absent.
Matter is adjd to 09.02.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-02-2021

Date: 09-02-2021
Business: P.O. is on leave.
Matter is adjd to 09.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2021

Date: 09-04-2021
Business: Both the parties and their advocates are absent.
Matter is adjd to 09.07.2021  for Ch/S Hearing
Next Purpose: HEARING
Next Hearing Date: 09-07-2021

Date: 09-07-2021
Business: Both the parties and their advocates are absent.
Due to Covid-19 pandemic.
Matter is adjd to 30.08.2021 for Hearing
Next Purpose: HEARING
Next Hearing Date: 30-08-2021

Date: 30-08-2021
Business: COURT IS VACANT
Next Purpose: HEARING
Next Hearing Date: 20-10-2021

Date: 20-10-2021
Business: Court is vacant
Next Purpose: HEARING
Next Hearing Date: 15-12-2021

Date: 15-12-2021
Business: Adv Sujata Natekar for plaintiff present.
None for defendant.
Matter is adjd to17.01.2022 for argument.
Next Purpose: ARGUMENTS
Next Hearing Date: 17-01-2022

Date: 17-01-2022
Business: None present.
L.O. at 2.30 p.m.
Adv. Sujata Natekar for plaintiff is present.
Matter is adjd for arguments to 08.02.2022.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-02-2022

Date: 08-02-2022
Business: Adv. Ms. Sujata Natekar for Plaintiff present.
Ch/s. 89/18	None present for Defendant.
	Matter adj. To 04/04/2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 04-04-2022

Date: 04-04-2022
Business: P.O. is on Training
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: Adv. Mr. Vaghela for Plaintiff present and seeks time for hearing on Ch/s.
None for proposed Defendant.
Matter adjourned to 17/08/2022 for Ch/s. Hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 17-08-2022

Date: 17-08-2022
Business: As Court busy in arguments and dictation of order in SJ No.15 of 2021 hence, board is discharged.
Matter adjourned to 27.09.2022 for CS hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 27-09-2022

Date: 27-09-2022
Business: As Court busy in arguments and dictating order in Summons for Judgment No.172 of 2017, hence matter adjourned to 26.11.2022 for Chamber Summons hearing.
Next Purpose: C/S  HEARING
Next Hearing Date: 26-11-2022

Date: 26-11-2022
Business: AS PER OFF ORDER NO.229 OF 202 DATED 31/10/2022 , MATTER ADJD TO 10-12-2022
Next Purpose: C/S  HEARING
Next Hearing Date: 10-12-2022

Date: 10-12-2022
Business: None for plaintiff.
None for defendant as well as proposed defendant No.3.
From the affidavit of service of chamber summons dated 06/11/2019, it appears that the C/S sent to proposed defendant No.3 has returned unserved with remarked “int” i.e. intimation given.  Hence, I do not find  it to be it to be a good service.  Hence, plaintiff to take proper steps to serve proposed defendant No.3.  The C/S No.89/18 is already not pressed against proposed defendant No.4.
Matter is adj to 14/02/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 14-02-2023

Date: 14-02-2023
Business: Adv.Sujata D.Natekar i/b Adv.Vijay Vaghela for plaintiff present. She seeks time to take steps in pursuance of order of this court dated 10/12/2022.
Adv.Sandesh Kete i/b Adv.Mahendra Shingad for defendant No.2 present.
Matter is adj as a last chance to 11/04/2023 for taking steps.
Next Purpose: FOR TAKING STEPS
Next Hearing Date: 11-04-2023

Date: 11-04-2023
Business: Adv.Vijay Vaghela for plaintiff present.
Defendant No.1 already ex-parte.
Adv.Sandesh Kate i/b Adv.Mahendra Shingade for defendant No.2 present.
Adv. for plaintiff not press C/S No.89/2018.  Hence, C/S No.89/2018 is disposed of.
Heard both the sides on N/M No.1980/18.
F.R.S.R following order is passed on N/M No.1980/18.
ORDER
1. Notice of Motion No. 1980/2018 is allowed subject to cost of Rs.2,500/- ( Rupees Two Thousand Five Hundred only).
2. Cost to be deposited with the DLSA, Mumbai within four weeks from the date of this order.
3. Exparte order passed against defendant No.2 dated 11-01-2018 is hereby set aside.
4. Delay caused in appearance is hereby condoned.
5. VP of defendant No.2 be taken on record subject to depositing of the costs.
6. Notice of Motion No. 1980/2018 is disposed of accordingly.
Nature Of Disposal: OTHER
Disposal Date: 11-04-2023

    Additional Case Details

    Additional Case Details
    Filing Number: 100569/2018
Filing Date: 11-01-2018
First Hearing Date: 14th June 2018
Decision Date: 11th April 2023
Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1
    11 Apr 2023
    Order Details: Chamber summons
Pdf Text: 33
11/04/2023
SUM 463/17
CS 89/18
NM 1980/18
CORAM H.H.J. DR. SHRI. S. D. TAWSHIKAR (C.R.NO.61)
Adv.Vijay Vaghela for plaintiff present.
Defendant No.1 already exparte.
Adv.Sandesh Kate i/b Adv.Mahendra Shingade for defendant No.2
present.
Adv. for plaintiff not press C/S No.89/2018. Hence, C/S
No.89/2018 is disposed of.
Heard both the sides on N/M No.1980/18.
F.R.S.R following order is passed on N/M No.1980/18.
ORDER
1. Notice of Motion No. 1980/2018 is allowed subject to cost of
Rs.2,500/ ( Rupees Two Thousand Five Hundred only).
2. Cost to be deposited with the DLSA, Mumbai within four weeks
from the date of this order.
3. Exparte order passed against defendant No.2 dated 11012018 is
hereby set aside.
4. Delay caused in appearance is hereby condoned.
5. VP of defendant No.2 be taken on record subject to depositing of
the costs.
6. Notice of Motion No. 1980/2018 is disposed of accordingly.
Matter is adj to 08/06/2023 for steps by plaintiff.
Judge
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