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NOTICE OF MOTION

Rapid Indexci Services P. Ltd And Anr - HC NM No.1804 of 2010VsRam Asare Baburam Vishwakarma And Anr

CNR MHCC0100071820187-COURT 07 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 20th February 2020

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100185/2018
Registration Date
16 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 19-03-2018
    Business: Adv. Ishant Shah Present for the Plff.
    Adv. R. S. Yadav Present for the Deft.no.1 and 2.
    Adv. for Plff filed Re-registered NM 185/18 alongwith affidavit t.o.r.
    Adj for Hearing of NM on 12/06/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-06-2018
    
    Date: 12-06-2018
    Business: None for plff.
    Adv Mr. R. Sharma for deft. nos.1 and 2 present.
    Adjd. for NM hearing on 20.08.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2018
    
    Date: 20-08-2018
    Business: Representative of Plaintiff in  present.
    Adv. R.S. Yadav for defendant nos. 1 and 2 Present.
    Adv. Prerana Mulani for defendant no. 4 Present.
    K.B.
    L.O. at. 05.30 p.m.
    Adv. Ishant Shah for Plaintiff Present.
    Adv. R.S. Yadav for defendant nos. 1 and 2 Present.
    Adv. Prerana Mulani for defendant no. 4 Present.
    Adjd to 22/10/2018 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-10-2018
    
    Date: 22-10-2018
    Business: None Present for Plaintiff.
    Adv. R.R. Sharma for defendant no. 1 and 2 Present.
    Plaintiff absent. Keep for Dismissal of N.M.
    Adjd to 15/12/2018 for Dismissal N.M
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 15-12-2018
    
    Date: 15-12-2018
    Business: Adv Reshant Shah for Plaintiff Present.
    None Present for defendant.
    Heard arguments of Ld. Adv. for Plaintiff on N.M No. 185/18.
    Adjd to 01/02/2019 for  hearing on N.M 185/18 of defendant
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-02-2019
    
    Date: 01-02-2019
    Business: Adv. Ms. Vaishali Talathi for Plaintiff Present.
    Adv. Mr. R.R. Sharma for defendant nos. 1 to 2 Present.
    Adjd to 14/03/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv. Shah for Plaintiff Present.
    Adv. Sunil Das for defendant nos. 1 and 2 Present.
    Adjd to 21/06/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2019
    
    Date: 21-06-2019
    Business: Plff and adv. absent.
    Adv. R.S. Yadav for deft. 2 and 3 present.
    Adjd. to 22.08.2019 for reply.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: None for the Plaintiff.
    Adv for deft No.2 and 3 Mr.Yadav present.
    Defendant no.2 present and stated that he is 63 years old.
    Matter be transfer to senior citizen court CR No.7.
    Matter is Adjd for N/M 185/18 Hearing to 16.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-10-2019
    
    Date: 16-10-2019
    Business: Matter called out(3.52pm)
    Adv.Clerk inform that advocate for plaintiff is before Shiwadi Court.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Adv.Mangesh Patel for defendant no.4(a) to 4(d) present.
    It appears from the record that, since last two dates neither plaintiff and nor his advocate is appearing in the matter. Today clerk of advocate of plaintiff seeking time. This court was inclined  to adj. the matter subject to payment of cost of Rs.5,000/- the clerk of plaintiff advocate request to the kept back.
    hence, matter kept back
    Second time matter called out(5.01pm)
    Adv.Reshant Shah for plaintiff present.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Adv.Mangesh Patel for defendant no.4(a) to 4(d) present.
    Matter is adj to 17/10/19 for reply and hearing on N/M .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 16-10-2019
    Business: Matter called out(3.52pm)
    Adv.Clerk inform that advocate for plaintiff is before Shiwadi Court.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Adv.Mangesh Patel for defendant no.4(a) to 4(d) present.
    It appears from the record that, since last two dates neither plaintiff and nor his advocate is appearing in the matter. Today clerk of advocate of plaintiff seeking time. This court was inclined  to adj. the matter subject to payment of cost of Rs.5,000/- the clerk of plaintiff advocate request to the kept back.
    hence, matter kept back
    Second time matter called out(5.01pm)
    Adv.Reshant Shah for plaintiff present.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Adv.Mangesh Patel for defendant no.4(a) to 4(d) present.
    Matter is adj to 17/10/19 for reply and hearing on N/M .
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2019
    
    Date: 17-10-2019
    Business: Matter called out(3.59pm)
    Adv.Mayur Somaiya i/b Lex Conseiller present.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Adv.R.R.Sharma made a statement that, he do not want to file reply on N/M No.185/18.
    Matter is adj to 23/11/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2019
    
    Date: 17-10-2019
    Business: Matter called out(3.59pm)
    Adv.Mayur Somaiya i/b Lex Conseiller present.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Adv.R.R.Sharma made a statement that, he do not want to file reply on N/M No.185/18.
    Matter is adj to 23/11/19 for hearing on N/M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Matter is called out at 3.17 p.m.
    Adv R.R. Sharma for Defendant present.
    Adv Mayuri Somaiya for Plaintiff present.
    Deft made a statement that he has not receive copy of NM No.185/18.
    Adv for Plaintiff is directed to verify the service.
    Matter adjd for NM hearing to 10/01/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-01-2020
    
    Date: 10-01-2020
    Business: Matter is called out at 4.06pm
    Adv.Mayuri Somaiya i/b M/s Lex Conseiller for plaintiff present.
    Defendant in person present.
    Copy of N/M No.185/18 serve to the defendant no.2
    Matter is adj to 18/01/2020 for N/M reply and hearing.
    Later on 4.15pm
    Representative of plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2020
    
    Date: 10-01-2020
    Business: Matter is called out at 4.06pm
    Adv.Mayuri Somaiya i/b M/s Lex Conseiller for plaintiff present.
    Defendant in person present.
    Copy of N/M No.185/18 serve to the defendant no.2
    Matter is adj to 18/01/2020 for N/M reply and hearing.
    Later on 4.15pm
    Representative of plaintiff present.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-01-2020
    
    Date: 18-01-2020
    Business: Matter is called out at 4.07pm
    Adv.Mayuri Somaiya i/b Lex Conseiller for plaintiff present.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Plaintiff did not comply with the order dated 16/10/2019.  Plaintiff advocate requested to keep back the matter on account of arguing counsel is not available. At her request matter is kept back.
    Second time matter is called out at 5.15pm
    Adv. Mayuri Somaiya i/b  Lex Conseiller  inform that her senior is held up before Shiwadi Court.
    She filed pursis that their argument in N/M No.187/18 is similar for N/M No.185/18 and 186/18. Pursis (Exh-6) T.O.R
    Adv.R.R.Sharma for defendant no.1 and 2 present seeking time to argue the matter. Time granted.
    Matter is adj to 20/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 18-01-2020
    Business: Matter is called out at 4.07pm
    Adv.Mayuri Somaiya i/b Lex Conseiller for plaintiff present.
    Adv.R.R.Sharma for defendant no.1 and 2 present.
    Plaintiff did not comply with the order dated 16/10/2019.  Plaintiff advocate requested to keep back the matter on account of arguing counsel is not available. At her request matter is kept back.
    Second time matter is called out at 5.15pm
    Adv. Mayuri Somaiya i/b  Lex Conseiller  inform that her senior is held up before Shiwadi Court.
    She filed pursis that their argument in N/M No.187/18 is similar for N/M No.185/18 and 186/18. Pursis (Exh-6) T.O.R
    Adv.R.R.Sharma for defendant no.1 and 2 present seeking time to argue the matter. Time granted.
    Matter is adj to 20/02/2020 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: Matter is called out at 3.02pm
    Plaintiff in person present.
    Adv.R.S.Yadav h/f Adv.R.R.Sharma for defendant no.1 and 2 present.
    At the request of plaintiff matter kept back.
    Second time matter called out(4.10pm)
    Adv.Mayur Somaiya i/b Lex Conseiller present.
    Adv.R.S.Yadav h/f Adv.R.R.Sharma for defendant no.1 and 2 present.
    Heard both the side on N/M No.185/18.
    F.R.S.R following order is passed on N/M No.185/18
    ORDER
    1. Notice of Motion No.185 of 2018 is hereby allowed in terms of prayer clause (b) only.
    2. Notice of Motion No.185 of 2018 is disposed off accordingly.
    Nature Of Disposal: ALLOWED
    Disposal Date: 20-02-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 100867/2018
    Filing Date: 16-01-2018
    First Hearing Date: 19th March 2018
    Decision Date: 20th February 2020
    Court Number And Judge: 7-COURT  07 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    20 Feb 2020

    Order Details: Notice of Motion Pdf Text: NM 185-18 in NM 1804 of 2010 in Suit no. 1772-10 1 Date : 20.02.2020 IN THE BOMBAY CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO. 185 OF 2018 IN NOTICE OF MOTION NO. 1804 OF 2010 IN SUIT NO. 4005 OF 2010 (H.C.SUIT NO. 1772 OF 2010) (CNR NO.MHCC01-000718-2018) Rapid Inexci Services Pvt. Ltd. & Anr. .. Plaintiffs Versus Ram Asare Baburam Vishwakarma & Ors. .. Defendants Appearances :- Plaintiff…

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