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NOTICE OF MOTION

Mrs. Panna Jamnadas KapadiaVsMr. Narayandas Mathuradas +1 more

CNR MHCC01000782201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 17th June 2019

TrustJury record updated 22 Sept 2026

Case Overview

Registration Number
100202/2018
Registration Date
16 Jan 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    3

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 05-02-2018
    Business: Adv. Chaitnaya Jadhav for Deft. present.
    Ld.Adv for Deft submitted that NM is served. Registered NM not tendered by plff.
    Adj as a last chance for production and reply of NM to 27.02.2018.
    L.O.
    C.A of plff present.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-02-2018
    
    Date: 27-02-2018
    Business: Adv. Sanjeev Hariakar for plff present.
    Adv. Vinayak Palande for Deft present.
    Registered NM no.202/18 tendered by plff.
    Draft NM tendered by Deft.
    O- Leave is granted to register the NM.
    Adj for production and service of NM to 21.03.2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-03-2018
    
    Date: 21-03-2018
    Business: Plff present.
    Adv. Jadhav for deft present.
    Registered NM no.878/18 tendered by deft.
    No reply filed by plff. Hence NM to proceed without reply.
    Adj for hearing on NM no.878/18 to 24.04.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2018
    
    Date: 24-04-2018
    Business: CA of plff present.
    Adv. Chaitanya Jadhav for deft present.
    Affidavit in reply filed by plff.
    Adj for hearing on NM to 12.07.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-07-2018
    
    Date: 12-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-07-2018
    
    Date: 31-07-2018
    Business: Plff present. Adv for plff absent.
    Adv. Chaitanya Jadhav for deft. present.
    FRSR. The following order is passed.
    Order -
    1. Notice of motion No.878 of 2018 is made absolute in terms of prayer clause (a) on payment of cost of Rs.2000/-.
    2. Cost be paid on or before next date.
    3. After cost is paid w.s be taken on record.
    Cost paid by deft to plff.
    Exh.6 - W.s of defts no.1 and 2 be taken on record.
    Counsel for deft submitted that the w,s be treated as a reply in NM No.202 of 2018.
    Prusis filed accordingly.
    Copy of written statement served on plff.
    Matter adjd to 3/09/2018 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-09-2018
    
    Date: 03-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-09-2018
    
    Date: 14-09-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-10-2018
    
    Date: 26-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-01-2019
    
    Date: 16-01-2019
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-03-2019
    
    Date: 18-03-2019
    Business: Adv. for Plaintiff absent.
    Adv. for Defendant absent.
    Mr. Amrish Kapadia, C.A. of plff. prayed for adjd.
    Matter is adjd. for R/E on 17.06.2019.
    L.O.
    Adv Mr. Prashant Pokale for deft present.
    Next Purpose: RECORDING EVIDENCE
    Next Hearing Date: 17-06-2019
    
    Date: 17-06-2019
    Business: Adv. Mr. Sanjiv Hariyakal for Plaintiff present.
    Adv. Mr. Rajesh Khandelwal I/b S.C. legal for Defendant present.
    Mr. Amrish Kapadia, C.A. of plff. present.
    Exh.6- Pursis filed by plff to withdraw the suit.
    Heard argument of both side.
    F.R.S.R. following order is passed.
                               ORDER
    1. Plaintiff is allowed to withdraw the suit subject to cost of Rs.7,000/- be paid to defendant no.1 within a moth from today.
    2. Plaintiff is at liberty to approach arbitrator.
    3. It is made clear, permission of filing fresh suit is not granted unless proceeding before the arbitrator will be concluded.
    4. No refund of court fees.
    5. Suit stands disposed of as withdrawn, with permission to approach the arbitrator.
    6. Notice of Motion no. 202/18 is disposed of.
    Nature Of Disposal: OTHERWISE
    Disposal Date: 17-06-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 100875/2018
    Filing Date: 16-01-2018
    First Hearing Date: 05th February 2018
    Decision Date: 17th June 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    1
    Final Order 1
    17 Jun 2019
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 31 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100202/2018
    Mrs. Panna Jamnadas Kapadia Vs 1.Mr. Narayandas Mathuradas 2.M/s. Matsco Packaging
    Industries
    Date : 17-06-2019
    Business : Adv. Mr. Sanjiv Hariyakal for Plaintiff present. Adv. Mr.
    Rajesh Khandelwal I/b S.C. legal for Defendant present.
    Mr. Amrish Kapadia, C.A. of plff. present. Exh.6- Pursis
    filed by plff to withdraw the suit. Heard argument of both
    side. F.R.S.R. following order is passed. ORDER 1.
    Plaintiff is allowed to withdraw the suit subject to cost of
    Rs.7,000/- be paid to defendant no.1 within a moth from
    today. 2. Plaintiff is at liberty to approach arbitrator. 3. It is
    made clear, permission of filing fresh suit is not granted
    unless proceeding before the arbitrator will be concluded. 4.
    No refund of court fees. 5. Suit stands disposed of as
    withdrawn, with permission to approach the arbitrator. 6.
    Notice of Motion no. 202/18 is disposed of.
    Nature of Disposal : OTHERWISE
    Disposal Date : 17-06-2019
    COURT 31 ADDL SESSIONS JUDGE
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