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NOTICE OF MOTION

Vikas Narayan RaikarVsEmerald Leasures Ltd +2 more

CNR MHCC0100055920184-COURT 04 AD-HOC JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHER
Decision Date: 12th August 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100156/2018
Registration Date
12 Jan 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    4

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 30-01-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 15-02-2018
    
    Date: 15-02-2018
    Business: H.H.J.is Nominated as trainer for training on mediation at Delhi hence today Board is discharged and adjd.on 14-06-2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-06-2018
    
    Date: 14-06-2018
    Business: Adv. Mr. Keshav Gorade for plaintiff present.
    Adv. Mr. D. G. pandey for defendant no. 2 present.
    Adv. Ms. Geeta for defendant no. 1 present.
    Adv. Ms. Kamble h/f Adv. Ms. Tadavi for BMC present.
    By consent of all the parties, adjd to 6.8.2018 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Adv Mr. Bhosle for plff. present
    Adv. Mr. Joshi for deft. no.1 present.
    Adv Mr Randive for deft. no.2 present.
    Adv. Mr. Giri  for deft. no.3 present.
    Adjd. for filing reply and n/m hearing to 28.08.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Matter adjd. to 28.9.18 for NM Reply.
    Next Purpose: REPLY
    Next Hearing Date: 28-09-2018
    
    Date: 28-09-2018
    Business: Matter adjd. to 2.11.18 for Reply.
    Next Purpose: REPLY
    Next Hearing Date: 22-11-2018
    
    Date: 22-11-2018
    Business: Adv. Mr. Borade for Plaintiff present.
    Adv. Mr. Joshi for Defendant No.1 present.
    Adv. Mrs. Vyavhare for Defendant No. 3/BMC present.
    None for Defendant No.2.
    Defendants No. 2 and 3 have failed to file reply to N/m.  Hence, N/m No. 3717/17 is kept for hearing without reply of Defendants No. 2 and 3.
    Adjd. to 11.01.2019 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-01-2019
    
    Date: 11-01-2019
    Business: None present for plff.
    Adv Srigeeta Rai for deft no.1 present.
    None for deft no.2.
    Adv Mrs.Vyavhare for BMC/deft no.3 present.
    Court busy in dictating order in Suit No.2251 of 2016 and hearing urgent matters. Hence, matter is adjourned.
    Adjd to 21/02/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-02-2019
    
    Date: 21-02-2019
    Business: Adv Bhosle for plff present.
    Adv Mrs.Vyavhare for BMC/deft no.3 present.
    Adv Joshi for deft no.1 present.
    None present for deft no.2.
    Adjd to 19/03/2019 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2019
    
    Date: 19-03-2019
    Business: None for Plff.
    Adv. Mr. Shishir Joshi for Deft No.1 present.
    Adv. Mr. Kunal Phule for Deft No.2 present.
    Adv. Mrs. Vyavhare for MCGM/deft. No.3 present.
    Adjd to 4/6/2019 for N/M hearing.
    LO at 3.30 p.m.
    Adv. Mr. Borhade for Plff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-06-2019
    
    Date: 04-06-2019
    Business: Adv. Keshav for plaintiff present
    None for deft nos. 1 and 2
    Adv. Khandagle for deft. no. 3 MCGM present.
    On oral request of plff., adjd. is granted.
    Adjd for N/M hearing to 16.07.2019
    L.O.
    Adv. Shishir Joshi for deft no. 1 present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Court is on leave today hence, Board is discharged.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: As P.O. is on training at Uttan, matter is adjd. till next date.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2019
    
    Date: 09-10-2019
    Reason For Adjournment: court time is over
    Next Purpose: DISMISSAL
    Next Hearing Date: 04-12-2019
    
    Date: 04-12-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-01-2020
    
    Date: 22-01-2020
    Business: Adv.Keshav Borade for plaintiff present.
    Adv. Khandagle for MCGM/Deft.3 present.
    None for defendant No.1 and 2.
    The recorded reveals Defendant No. 2 and 3 has not filed reply. Hence NM No.3717/17 to proceed without reply against
    Defendant No. 2 and 3.
    order on NM -156/18
    Heard advocate Mr.Borade for the plaintiff. None for defendant No.2. The W/S is already filed on record, but there is delay of 57 days per contra according to plaintiff it is delay of 81 days.
    The suit is filed for declaratory and injunctive relief against the defendant 1 and 2 and 3 respectively to decide controversial issue on merit the pleading of defendant No.2 his material therefore I pass the following order
    1.  The prayer in NM No-156/18 is made absolute subject to cost of Rs.2000/- to be paid to the plaintiff.
    2.  written statement be taken on record subject to payment of cost to the plaintiff.
    3. NM 156/18 disposed of accordingly.
    Order
    The writ of serviced serve on 23.01.2018 and affidavit of service filed on 29.01.2011 defendant No.1 appear on 28.08.2018. No written statement filed till today. Suit to proceed without W/S against defendant No.1.
    Matter adjd to 04.03.2020 for NM 3717/17 hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2020
    
    Date: 04-03-2020
    Business: Adv.  Keshav Borade for plaintiff present.
    Adv.Joshi for defendant No.1 is present and filed application of withdrawal of appearance. Exh-5. Order- allowed.
    Adv. Neha Chokse for defendant No.1 present and undertakes to file V/P on next date.
    None for defendant No.2
    Adv. Khandagle for MCGM/Deft.No.3  present.
     Matter adjd to 08.06.2020 for compliance by Defendant-2/ NM hrg.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-10-2020
    
    Date: 28-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-01-2021
    
    Date: 13-01-2021
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2021
    
    Date: 08-03-2021
    Business: Adv. for plaintiff present.
    None for deft no.1 and 2.
    Adv. Khandagle for deft no.3/MCGM present.
    Despite of direction in order on NM No.156/18, deft no.2 filed to comply. Hence Suit to proceed without Written Statement against the deft no.2. As deft no.2 has not paid the Cost of Rs. 2,000/- to the plaintiff since 22.01.2021. Suit has already proceeded without WS against deft no.1.
    Despite  of the Suit pertains to year 2007, no Written Statement filed by the deft/Corporation. Very last chance to file WS to deft no.3. Suit is already proceed without WS against deft no.1 and 2.
    It is submitted by if they failed to file reply on next date they will argue on NM No.3171/17on next date.
    Matter adjd to 05/04/2021 for Reply NM No.3171/17 by deft no.3/WS by deft no.3.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Matter adjd to 09/06/2021 for NM Hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-06-2021
    
    Date: 09-06-2021
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 02-08-2021
    
    Date: 02-08-2021
    Business: Adv Keshav Borade for plaintiff present.
    None for defendant nos.1 and 2.
    Adv Tondwalkar for defendant no.3/ MCGM present.
    Adjd. To 08/09/2021 for NM hearing / written statement of defendant no.3 / MCGM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-09-2021
    
    Date: 08-09-2021
    Business: Adv Madhavi Gade for plaintiff present.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present.
    K.B.
    L.O. at 4.30 p.m.
    Adv Keshav Borade for plaintiff present.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present and
    requests for time to file W/s. Time is granted till next date.
    Adjd. To 29/09/2021 for NM hearing / written statement of defendant no.3 / MCGM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 29-09-2021
    
    Date: 29-09-2021
    Business: None for plaintiff.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present and
    requests for time to file W/s. Time is granted till next date.
    Adjd. To 22/10/2021 for NM hearing / written statement of defendant no.3 / MCGM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2021
    
    Date: 22-10-2021
    Business: Adv Keshav Borade for plaintiff present.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present
    Adjd. To 12/11/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-11-2021
    
    Date: 12-11-2021
    Business: None for plaintiff.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present.
    Adjd. To 04/02/2022 for NM hearing.
    L.O. at 3.25 p.m.
    Adv Isha Jaifalkar I/b M/s Shelke and Co. for plaintiff present and requests for short adjournment.
    Time is granted till next date.
    Adjd. To 20/12/2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: None for plaintiff.
    None for Defendant Nos. 1 and 2.
    Adv. Mrs. Tondwalkar for Defendant No.3/MCGM is present.
    Matter is adjd to 09/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-02-2022
    
    Date: 09-02-2022
    Business: In view of office order no.7/2022 dated 07.01.2022 and Office order No. 22/2022 dated 28.01.2022 of Hon\''ble Principal Judge, City Civil and Sessions Court, Mumbai, pursuant to circular dated 06.01.2022 and 27.01.2022 of Hon\''ble Bombay High Court prescribing Standard Operating Procedure (SOP) in the wake of sharp surge in COVID-19 cases (all variants) and the views of stakeholders, the matter is adjourned without passing any adverse order against the party/s.
    Matter is adjd to 25/02/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2022
    
    Date: 25-02-2022
    Business: None for plaintiff.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present.
    Today matter is kept for NM hearing, but neither plaintiff nor his advocate present. So NM be kept for dismissal.
    Adjd. to 30/03/2022 for NM dismissal.
    L.O. at 2.55 p.m.
    Adv Keshav Borade for plaintiff present.
    None for defendant nos.1 and 2.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present.
    K.B.
    L.O. at 3.55 p.m.
    Adv Keshav Borade for plaintiff present.
    Adv. Mrs. Tondwalkar for Defendant/MCGM is present.
    Heard Ld Adv for the plaintiff and advocate for defendant no.3 / MCGM on NM No.3717/2017.
    Adjd. to 04/03/2022 for argument of advocate for defendant nos.1 and 2 / order on NM No.3717/2017.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2022
    
    Date: 04-03-2022
    Business: Adv Eesha Jaifallkar for plaintiff present.
    Adv Shishir Joshi for defendant no.1 present and undertakes to file Vakalatnama on next date.
    Adv Deepak Pandey for defendant  no.2 present.
    Adv. Mrs. Tondwalkar for Defendant no.3/MCGM is present.
    Adjd. to 16/03/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-03-2022
    
    Date: 16-03-2022
    Business: Adv. Keshav Borade for Plaintiff present.
    Adv. Shishir Joshi for Defendant No.1 present and filed V/P., t.o.r. and marked as Exh.6.
    Adv. Deepak Pandey for Defendant No.2 present and tendered draft Notice of Motion along-with affidavit in support thereof. TOR. Leave is granted to register the Notice of Motion, returnable on next date. Copy is served to the other side.
    Adv Mrs Tondwalkar for defendant No.3/ MCGM is present.
    Adjd. to 01/04/2022 for NM argument by Defendant No.1 and 2 and reply to draft Nm file by Defendant No.2.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 01-04-2022
    
    Date: 01-04-2022
    Business: Adv. Keshav Borade for Plaintiff present.
    Adv. Shishir Joshi for Defendant No.1 present
    Adv Deepak Pandey for defendant no.2 present and tendered original registered Notice of Motion No.1144/2022 along-with affidavit in support thereof. TOR .
    Adjd. To 18/04/2022 for NM argument by Defendant No.1 and 2 and reply to  NM NO.1144/2022 file by Defendant No.2.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 18-04-2022
    
    Date: 18-04-2022
    Business: None for plaintiff.
    Adv Sushil Joshi for defendant no.1 present.
    Adv Sanjay Kokane, Secretary of defendant no.2 present. His advocate absent.
    Adv Mrs Tondwalkar for defendant  no.3 / MCGM is present.
    Defendant no.2 is directed to tender original NM along-with affidavit of support till next date.
    Adjd. To 17/06/2022 for NM hearing.
    L.O.
    Adv Borade for plaintiff present.
    Already adjd. To 17/06/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-06-2022
    
    Date: 17-06-2022
    Business: H.H.J. is on leave today.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2022
    
    Date: 20-07-2022
    Business: Adv. Borade for plaintiff present and has given say on N/M No. 1144/2022 overleaf.
    None for deft. No. 1.
    Adv. Deepak Pandey for deft. No. 2.
    Adv. Mrs. Tondwalkar for defendant No. 3/ MCGM is present.
    K.B.
    L.O. at 03.45 p.m.
    Adv. Deepak Pandey for deft. No. 2 present.
    Adv. Mrs. Tondwalkar for defendant No. 3/ MCGM is present.
    Heard arguments of Adv. for deft. No. 2 and Adv. for deft. No. 3/MCGM.
    Adjd. to 30/07/2022 for order on N/M No. 1144/2022
    Next Purpose: NM  ORDERS
    Next Hearing Date: 30-07-2022
    
    Date: 30-07-2022
    Business: None for plaintiff.
    None for deft. Nos. 1.
    Adv. Deepak Pandey for deft. No. 2 present.
    Adv. Mrs. Tondwalkar for defendant No. 3/ BMC is present.
    F.R.S.R. following order is passed on N/M No. 1144/2022-
    O R D E R
    Notice of Motion No.1144/2022 is allowed in terms of prayer clause (a) subject to payment of cost of Rs.2,000/- to be paid to the plaintiff within 2 weeks.
    Adjd. to 12/08/2022 for compliance.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 12-08-2022
    
    Date: 12-08-2022
    Business: Already disposed of on 22/01/2020.
    Nature Of Disposal: OTHER
    Disposal Date: 12-08-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100589/2018
    Filing Date: 12-01-2018
    First Hearing Date: 30th January 2018
    Decision Date: 12th August 2022
    Court Number And Judge: 4-COURT 04 AD-HOC JUDGE

    Orders

    1
    Final Order 1
    12 Aug 2022
    Order Details: Other
    Pdf Text: Daily Status
    IN THE COURT OF :COURT 04 AD-HOC ASST SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100156/2018
    Vikas Narayan Raikar Vs 1. Emerald Leasures Ltd 2. Meena Towers Co-op. Hsg Soc Ltd 3.
    MCGM
    Date : 12-08-2022
    Business : Already disposed of on 22/01/2020.
    Nature of Disposal : OTHER
    Disposal Date : 12-08-2022
    COURT 04 AD-HOC ASST SESSIONS JUDGE
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