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NOTICE OF MOTION

New Sahydri View Co op HSG Society LtdVsMs Veekay Builders Associates And Ors

CNR MHCC0100072820182-COURT 02 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHERWISE
Decision Date: 11th October 2022

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100192/2018
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: 23-01-2018
    Business: Representative of Plff Present.
    Adv. P. J. Damani Present for the Plff.
    Adv. D\''salava Present for the Deft.no.1
    Adv. for Plff filed registered NM 192/18 alongwith affidavit t.o.r.
    Ld counsel for the Deft no.1 sought time to file reply to the NM 192/18.
    Adj. for reply of NM 192/18 on 26/03/2018.
    Next Purpose: REPLY
    Next Hearing Date: 26-03-2018
    
    Date: 26-03-2018
    Business: Adv. P. J. Damani Present for the Plff.
    Adv. D\''salva Present for the Deft.no.1.
    On the Oral request of the Ld counsel for the Deft no.1. adj. granted to file reply strictly last chance.
    Adj. for Reply of NM 192/18 on 24/04/2018.
    Next Purpose: REPLY
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Business: Adv. Damani Present for the Plff.
    None Present for the Deft.
    No reply filed to NM 192/18. Hence proceeded without reply.
    Adj. for Hearing of NM 192/18 on 02/07/2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-07-2018
    
    Date: 02-07-2018
    Business: Adv Mr.Damani for plff present.
    Adv Mr.Disilva for deft no.1 present.
    Adv for deft no.1 tendered draft N/M alongwith affdvt in support for setting aside no reply order dtd.24.4.2018 passed in N/M No.192/18 in Suit No.4763/08. Leave to reg.is granted.
    Copy is supplied to other side.
    Ld.Adv for the plff submitted that this N/M may be allowed subject to costs. In view of the facts and circumstances, the draft N/M is allowed, subject to costs of Rs.5000/- out of which Rs.1000/- to be credited to DLSA, Mumbai and remaining amount of Rs.4000/- be paid to the plff within 15 days from today by the deft no.1. Failing which, this order shall automatically stands vacated and N/M No.192/18 will be heard without reply of deft no.1.  Deft no.1 to get  reg.this draft N/M for statistical purposes.
    Adjd to 16/7/2018 for compliance
    L.O.
    Ld. Adv for deft no.1 has tendered registered Notice of Motion no. 2434/2018. Which is already disposed off.
    Already adjd. To 16.07.2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-07-2018
    
    Date: 02-07-2018
    Business: Adv Mr.Damani for plff present.
    Adv Mr.Disilva for deft no.1 present.
    Adv for deft no.1 tendered draft N/M alongwith affdvt in support for setting aside no reply order dtd.24.4.2018 passed in N/M No.192/18 in Suit No.4763/08. Leave to reg.is granted.
    Copy is supplied to other side.
    Ld.Adv for the plff submitted that this N/M may be allowed subject to costs. In view of the facts and circumstances, the draft N/M is allowed, subject to costs of Rs.5000/- out of which Rs.1000/- to be credited to DLSA, Mumbai and remaining amount of Rs.4000/- be paid to the plff within 15 days from today by the deft no.1. Failing which, this order shall automatically stands vacated and N/M No.192/18 will be heard without reply of deft no.1.  Deft no.1 to get  reg.this draft N/M for statistical purposes.
    Adjd to 16/7/2018 for compliance
    L.O.
    Ld. Adv for deft no.1 has tendered registered Notice of Motion no. 2434/2018. Which is already disposed off.
    Already adjd. To 16.07.2018.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 16-07-2018
    
    Date: 16-07-2018
    Business: Plff. Present. Adv for plff. absent.
    Adv Mr. Disilva for deft no.1 present.
    Cost paid by the deft no.1. Ld. Adv for deft. no. 1 tendered on record affidavit in reply  t no Notice of Motion No.192/18. TOR. Copy supplied to other side.
    Adjd. For rejoinder on 23.10.2018.
    L.O. at 4.33pm.
    Plf.f present. Adv Ms. Purvi Khatri h/f adv Mr. Damani For plff. Present.
               She tendered on record rejoinder. TOR. She is directed to serve the copy of rejoinder to other side and to submit service affidavit. She filed on record application at Exh.24 for preponment of date. It is important to note that , though the matter is to be called in the afternoon session, the Adv for deft. no. 1 and the plff. in person were present in the morning session and both of them mentioned the matte in the morning session and took the date. Further, the copy of reply affidavit has been given in presence of the court by the ld. Adv for deft. no.1 to the plff., and the same is reflecting in morning  roznama., shockingly plff is denying receipt of the same. Further, when the plff.  or his advocate was not having copy of reply affidavit, how suddenly them came with rejoinder shows that plff is making wrong submission. When in the afternoon  session rejoinder has been came, it itself shows that deft no.1 have served the reply well in advance either to the plff or to his advocate or to both and therefore rejoinder affidavit is ready and tendered in the afternoon session. Therefore, now when date has been given in presence of plff so also Adv for deft. no. 1, in absence of deft and the Adv for deft., it cannot be changed. If therefore application Exh. 24 is rejected.  If Ld. Adv for plff is willing to get the date prepone, she is directed to move specific preceipe of which copy should be served in advocate to the defts and their advocates and then only her request may be considered.
    Already adjd. on 23.10.2018.
    Next Purpose: REJOINDER
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Business: By Precipee.
    Adv. Damani for Plaintiff Present and submitted that, matter is old. Date be preponed as fixed date is 23/10/2018.
    Adv. Dsilva for defendant Present and submitted that, he has no objection for preponing date. Hence date is prepone and fixed on 11/09/2018 for hearing N.M. No. 2434/18 and N.M. 192/18.
    Adjd ot 11/09/2018 for hearing on N.M.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-09-2018
    
    Date: 11-09-2018
    Business: Adv. Damani for Plaintiff Present. Adv. Dsilva for defendant Present. By consent Adjd to 25/09/2018 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-09-2018
    
    Date: 25-09-2018
    Business: Adv. Damani for Plaintiff Present.
    Adv. Vasim Shaikh for defendant Present.
    Adjd to 30/10/2018 for hearing on N.M. No. 192/18
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-10-2018
    
    Date: 30-10-2018
    Business: Adv. Mr. Damani for Plaintiff Present.
    Adv. Mr. Farhan Dubhash for defendants  Present.
    K.B.
    L.O. 04.00 p.m.
    Adv. Mr. Damani for Plaintiff Present.
    Adv. Dsliva for defendant no. 1 Present.
    Partly Heard arguments of Ld. Adv. for Plaintiff on N.M. 192/18.
    Adjd to 18/12/2018 for further hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2018
    
    Date: 18-12-2018
    Business: Adv. Mr. Damani for Plaintiff Present. None Present for defendant. Further heard arguments of Ld. Adv. for Plaintiff on N.M. 192/18 completed. Adjd to 21/01/2019 for hearing on N.M of defendant. L.O. at. 03.25  p.m. Adv. Dsilva for defendant Present
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2019
    
    Date: 21-01-2019
    Business: Representative of Plaintiff Present.
    Adv. Mr. Dsilva for Defendant no. 1  Present.
    On request of Plaintiff adjd to 04/03/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-03-2019
    
    Date: 04-03-2019
    Business: Representative of Plaintiff Present.
    Representative of Defendant 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. Ms, Mansi Pandit for Plaintiff Present.
    Adv. Mr. Dsilva for defendant no.1 Present.
    On request of adv. for defendant no. 1 adjd to 02/04/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-04-2019
    
    Date: 02-04-2019
    Business: Adv. Damani for Plaintiff Present.
    Adv. Dsilva for defendant Present.
    Adjd to 10/06/2019 for hearing on N.M
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2019
    
    Date: 10-06-2019
    Business: Adv. for plff. present.
    Adv. for deft. no. 1 present.
    Adjd. to 01.07.2019 for n/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-07-2019
    
    Date: 01-07-2019
    Business: Adv. for plff present.
    Adv. for deft present.
    Adjd.for NM hearing on 28/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Business: Adv for plaintiff Mr.Ramani present.
    Adv for deft Mr.Disilva present.
    Busy hearing Argument in SU 9853/89
    Matter is Adjd for N/M 192/18 Hearing to 09.09.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-09-2019
    
    Date: 09-09-2019
    Business: Adv for plaintiff Ms.Manasi Pandit present.
    Adv for deft Mr.Farhan present.
    Adv for plff requested for adjournment. O-Granted.
    Matter is Adjd for N/M 192/18 Hearing to 21.10.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-10-2019
    
    Date: 21-10-2019
    Business: Declared Election Holiday on 21.10.2019.
    Hence, Matter is Adjd
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2019
    
    Date: 23-11-2019
    Business: Representative of plaintiff present.
    Adv for deft No.1 Mr.Disilva present.
    Representative of plaintiff requested for adjourned.
    O-Granted.
    Matter is Adjd for N/M 192/18 Hearing to 14.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Daily Board,
    Adv for plaintiff Ms.Manasi Pandit present.
    None for the defendant.
    Matter is Adjd for N/M Hearing to 14.02.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-02-2020
    
    Date: 14-02-2020
    Business: P.O.is on Leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: As per Office Order No.66 of 2020 dated 16.03.2020 of Hon\''ble Principle Judge,City Civil Court and Sessions Judge, Gr.Bombay.
    All the Courts shall take up only urgent matters such as B.A., A.B.A., Application for urgent orders of injunctions, remand orders, statement u/s. 164 of Cr.P.C., Applications for grant of stay and such other urgent matters only as the case may be.
    None present.
    Matter is Adjd for N/M 192/18 Hearing to 23.07.2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-07-2020
    
    Date: 23-07-2020
    Business: National Lockdown
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-09-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 07-09-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2020
    
    Date: 05-11-2020
    Business: Due to National Lockdown (Covid-19). All parties absent.
    Matter adjd to 18.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 05-11-2020
    Business: Due to National Lockdown (Covid-19). All parties absent.
    Matter adjd to 18.02.2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-02-2021
    
    Date: 18-02-2021
    Business: As P.O. is on online 40hrs. Mediation Training Programme, as a trainer from MCPC scheduled to be held from 15.2.21 to 22.2.21.
    Matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-03-2021
    
    Date: 17-03-2021
    Business: As P.O. is on 40 hrs Online Mediation Training for the
    Judicial Officers scheduled to be held from 15th to 22nd March, 2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 17-03-2021
    Business: As P.O. is on 40 hrs Online Mediation Training for the
    Judicial Officers scheduled to be held from 15th to 22nd March, 2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-04-2021
    
    Date: 22-04-2021
    Business: In view of Office Order No. 81/21, only urgent matters taken up. Hence, board discharged.
    Matter adjd to 05/08/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2021
    
    Date: 05-08-2021
    Business: Matter received from C. R. No. 14.
    Adv/ Mansi Pandit H/F Adv. Jitendra for plaintiff present.
    Adv. Sana Shaikh for defendant No. 1 present.
    Adv. for plaintiff seeks time for hearing on Notice of Motion- Granted.
    Adjourned for hearing on NM  to 27.09.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 05-08-2021
    Business: Matter received from C. R. No. 14.
    Adv/ Mansi Pandit H/F Adv. Jitendra for plaintiff present.
    Adv. Sana Shaikh for defendant No. 1 present.
    Adv. for plaintiff seeks time for hearing on Notice of Motion- Granted.
    Adjourned for hearing on NM  to 27.09.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Both parties and their advocates absent
    Matter stands Adj for NM Hearing on 23.11.2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-11-2021
    
    Date: 23-11-2021
    Business: Adv Shawn for plff present.
    Adv Matin Shaikh appeared for deft no. 1 and undertakes to file VP on next date.
    He seeks time for NM Hearing.  Granted.
    Matter stands Adj for NM Hearing to 20/12/2021.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-12-2021
    
    Date: 20-12-2021
    Business: Adv Shawn for plff present.
    Adv Matin Shaikh for deft no. 1 present.
    He seeks time for NM Hearing.  Granted as last chance.
    Matter stands Adj for NM Hearing to 15/02/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-02-2022
    
    Date: 15-02-2022
    Business: P.O. is on leave, matter is adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-03-2022
    
    Date: 22-03-2022
    Business: Adv Damani for plaintiff present.
    Adjd. to 11/04/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 22-03-2022
    Business: Adv Damani for plaintiff present.
    Adjd. to 11/04/2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 11-04-2022
    
    Date: 11-04-2022
    Business: Adv Shawn for plff present.
    Adv Wasim Shaikh for deft no. 1 present.
    By consent, matter stands Adj for NM Hearing to 14/06/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-06-2022
    
    Date: 14-06-2022
    Business: Adv. Mis. Pandit for plaintiff present.
    She seek time for hearing. Time granted.
    Adv. Vashim Shaikh for defendant no. 1 present.
    Matter is adjd for n/m hearing to 01/08/2022.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 01-08-2022
    
    Date: 01-08-2022
    Business: Adv.  Shawn for plaintiff present.
    He verify whether defendant no. 2 and 3 are served with writ of summons.
    He seek time for n/m hearing. Time granted.
    Adv. Wasim   Shaikh for defendant no. 1 present.
    Matter is adjd for n/m hearing to 20/09/2022
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-09-2022
    
    Date: 20-09-2022
    Business: Adv. Damani for plaintiff present.
    None for defendant present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for order to 27/09/2022.
    L. O.
    Adv. Vasim Khan for defendant no. 1 present.
    Heard advocate for defendant no. 1.
    Already adjd to 27/09/2022 for order.
    Next Purpose: ORDER
    Next Hearing Date: 27-09-2022
    
    Date: 27-09-2022
    Business: Adv. Shawn Fernandis for plaintiff present.
    Adv. Vashim Shaikh for defendant no. 1 present.
    Both parties requested to adjourned matter for order to clarify certain issues. Hence order is not passed.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for argument to 03/10/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 03-10-2022
    
    Date: 03-10-2022
    Business: Secretary of Plaintiff present and his advocate absent.
    He seek time for argument. Time granted.
    Adv. Vasim Shaikh for defendant no. 1 present.
    Parties are directed to give CTS number of suit property.
    Matter is adjd for further argument to 10/10/2022.
    Next Purpose: ARGUMENTS
    Next Hearing Date: 10-10-2022
    
    Date: 10-10-2022
    Business: Adv. Damani for plaintiff present.
    Adv. Vasim Shaikh for defendant no. 1  present.
    Heard both advocate.
    Matter is adjd for order to 11/10/2022.
    Next Purpose: ORDER
    Next Hearing Date: 11-10-2022
    
    Date: 11-10-2022
    Business: Both parties and their advocate are absent.
    FRSR following order passed :-
    Order -
    Notice of Motion No.192 of 2018 stands rejecting with no order as to costs.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 11-10-2022

    Additional Case Details

    Additional Case Details
    Filing Number: 100798/2018
    Filing Date: 16-01-2018
    First Hearing Date: 23rd January 2018
    Decision Date: 11th October 2022
    Court Number And Judge: 2-COURT 02 ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    11 Oct 2022

    Order Details: Notice of Motion Pdf Text: ORDER ..1.. MHCC010007282018 IN THE CITY CIVIL COURT FOR GREATER MUMBAI NOTICE OF MOTION NO.192 OF 2018 IN S.C.SUIT NO.4763 OF 2008 New Sahydri View Co op HSG Society Ltd. …Plaintiff Versus. M/s. Veekay Builders Associates and Others. … Defendants. Appearance : Adv. Damani for plaintiff. Adv. Vasim Shaikh for defendant no. 1. CORAM : HIS HONOUR JUDGE R.R.Patare COURT NO.2 DATED : 11th October, 2022. ORAL ORDER Perused pleading and heard advocate…

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