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NOTICE OF MOTION

Edward Ignatius FernandesVsLiebherr India Pvt Ltd +4 more

CNR MHCC01001453201864-COURT 64 AD-HOC ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
PENDING

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100363/2018
Registration Date
29 Jan 2018
Next Hearing Date
28 Sept 2026
Case Stage
HEARING

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    6

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 31-01-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-06-2018
    
    Date: 12-06-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-08-2018
    
    Date: 21-08-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 03-10-2018
    
    Date: 03-10-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Reason For Adjournment: court time is over
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-02-2019
    
    Date: 04-02-2019
    Business: Adv. Mr. Ajay Das for the Plaintiff present.
    Adv.  Ms.Aparneshwari for Defendant present.
    Adv. for the plff. seeks extension of time to register Ch/s.
    Time is extended as a last chance.
    Matter is adjd. to 15.04.2019 for reply to N/M/Reply to Ch/s./draft issues.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 15-04-2019
    
    Date: 15-04-2019
    Business: Resumed.
    Adv. Aparneshwari for defendant filed reply to NM No. 363/2018 and reply to Ch/s.  TOR.
    The P.O. is busy in dictating NM order in Suit no. 3142/2009.  For want of time the board is discharged.
    Adjd for NM hearing to 16.07.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 16-07-2019
    
    Date: 16-07-2019
    Business: Adv. Ajay Das for plaintiff present.
    Adv. Amit Kumar Tiwari for defendants present.
    The Ld. counsel for the defendants make the statement that he will supply the copy of the reply to plaintiff.
    Adjourned for NM hearing to 5.9.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2019
    
    Date: 05-09-2019
    Business: None present for plaintiff.
    Adv. Aparna for defendant present.
    Ld. counsel for defendant submitted that she supplied the copy of reply to the advocate of the plaintiff.
    Matter stands adjn for hearing on NM to 03.10.19.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-10-2019
    
    Date: 03-10-2019
    Business: Adv. Ajay Das for plaintiff present.
    Adv. Tiwari for defendant present.
    Adjournment application filed by the plaintiff.
    O-last chance is granted.
    Adjourned for hearing of NM to 25.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2019
    
    Date: 03-10-2019
    Business: Adv. Ajay Das for plaintiff present.
    Adv. Tiwari for defendant present.
    Adjournment application filed by the plaintiff.
    O-last chance is granted.
    Adjourned for hearing of NM to 25.11.2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-11-2019
    
    Date: 25-11-2019
    Business: Plaintiff present.
    Adv. Amitkumar Tiwari for defendant present.
    Adjournment application filed by plaintiff.
    O- Read application and say. Heard. Already last chance was granted to the plaintiff in the matter. Considering the personal reason of the advocate for plaintiff adjournment is granted as very last chance subject to cost Rs. 1000/- to be paid to defendant.
    Adjd to 18/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 25-11-2019
    Business: Plaintiff present.
    Adv. Amitkumar Tiwari for defendant present.
    Adjournment application filed by plaintiff.
    O- Read application and say. Heard. Already last chance was granted to the plaintiff in the matter. Considering the personal reason of the advocate for plaintiff adjournment is granted as very last chance subject to cost Rs. 1000/- to be paid to defendant.
    Adjd to 18/02/2020.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-02-2020
    
    Date: 05-02-2020
    Business: None present for plaintiff.
    Adv. Aparna for deft. present.
    Plaintiff has not paid the cost as directed by order dated 25.11.2019 and even not present for hearing on N/M. Hence, put N/M no.363/18 for dismissal order.
    The matter is adjd for dismissal of N/M to 02.03.2020.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 02-03-2020
    Reason For Adjournment: court time is over
    Next Purpose: COMPLIANCE
    Next Hearing Date: 20-04-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-05-2020
    
    Date: 20-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: COMPLIANCE
    Next Hearing Date: 11-05-2020
    
    Date: 11-05-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 11-05-2020
    Next Purpose: COMPLIANCE
    Next Hearing Date: 30-05-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 30-05-2020
    Business: In view of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pademic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: COMPLIANCE
    Next Hearing Date: 17-06-2020
    
    Date: 17-06-2020
    Business: In view of declaration of Novel Corona Virus (COVID 19) as Global Pandemic by WHO and Office Orders, matter is adjourned.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 21-09-2020
    
    Date: 21-09-2020
    Business: Adv. Das for plaintiff present.
    None for deft.
    Due to Covid-19, the matter is adjd for compliance to 04.12.2020.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 04-12-2020
    
    Date: 04-12-2020
    Business: None for plaintiff.
    Adv. A. Natrajan for defts. present.
    Plaintiff has not registered the Ch/sum although taken for registration.  Plaintiff to tender the registered Ch/sum on next date.
    The matter is adjd for compliance to 05.02.2021.
    Next Purpose: COMPLIANCE
    Next Hearing Date: 05-02-2021
    
    Date: 05-02-2021
    Business: Adv. Mr. Ajay Das for plaintiff present.
    Adv. Ms. Aparna Natrajan for deft. present.
    Ld. Counsel for the pltff tender Ch/s no.266/21 t.o.r.
    Pltff to serve the Ch/s to the proposed deft.
    The matter is adjd for  Ch/s reply to .31.03.2021.
    Next Purpose: C/S REPLY
    Next Hearing Date: 31-03-2021
    
    Date: 31-03-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for Ch/sum reply to 20.07.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-07-2021
    
    Date: 31-03-2021
    Business: In view of the office order no.63/21 dated 25.03.2021, only moderate numbers of matters are kept on board. This matter is not in the same list hence, adjd for Ch/sum reply to 20.07.2021.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 20-07-2021
    
    Date: 20-07-2021
    Business: P.O is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 27-09-2021
    
    Date: 27-09-2021
    Business: Adv. Das for plaintiff is present.
    Adv. Aparneshwari Natrajan for defendants no. 1 to 5 is present.
    The plaintiff is directed to serve the copy of chamber summons upon the defendants.
    Matter adjd for CH/S reply on 19.01.2022.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 19-01-2022
    
    Date: 19-01-2022
    Business: As per Office Order No. \''07of 2022\'' and \''03 of 2022\'' only urgent matter is to be taken up for hearing therefore matter is adjd to 21/03/2022 for Ch/S Reply.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-03-2022
    
    Date: 21-03-2022
    Business: None for pltff.
    Adv. Aprana Natrajan for deft nos 1 to 5 present.
    Matter is adjd to 07/07/2022 for CS reply.
    Next Purpose: C/S REPLY
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Ajay Das for plaintiff is present.
    Adv. Aparna Natrajan for defendant is present and tendered draft NM a/w affidavit. O- Leave granted to register.
    Already reply to CH/S 266/21 is filed on record.
    Copy of draft NM served to the plaintiff.
    Matter adjd to 08.08.2022 for CH/S hearing.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-08-2022
    
    Date: 08-08-2022
    Business: None present for plaintiff.
    Adv. Aparneshwari Natarajan for defendants is present and tendered original registered NM No.2548/22 a/w affidavit in support of NM. T.O.R.
    Matter adjd to 19.10.2022 for hearing on two NMs and CH/S.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-10-2022
    
    Date: 19-10-2022
    Business: P.O.is on leave.
    Matter adjd to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-01-2023
    
    Date: 03-01-2023
    Business: Plaintiff is present.
    Adv. Aperneshwari Natrajan for defendant is present.
    Plaintiff has filed an application for adjournment t.o.r marked as Exh.10. It is submitted that the Ld.Adv.for the plaintiff is not keeping well and hence unable to appear before the Court. Thus considering the submission the matter is adjourned for hearing on NM and CH/S as a last chance.
    Matter adjd to 24.02.2023 for NM and CH/S hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-02-2023
    
    Date: 24-02-2023
    Business: P.O. is on leave. Matter is adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-04-2023
    
    Date: 18-04-2023
    Business: Adv. Mahesh Gavade h/f Adv. Ajay Das for plaintiff is present and filed reply to NM No. 2548/22. Copy supplied to other side.
    Adv. Nikita Janwalkar for defendant is present.
    Matter adjd to 20.07.2023 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-07-2023
    
    Date: 20-07-2023
    Business: Adv. Mahesh Gawde for plaintiff is present.
    Adv. Natrajan for defendant is present.
    The Ld. Adv. for plaintiff has filed an adjournment application. TOR. Exh-11.
    It is submitted that the Ld. Adv. on record is in personal difficulty. Hence, unable to argue NM No.2548/2022. The Ld. Adv. for defendant strongly opposed the application on the ground that the plaintiff is in habit of prolonging the matter. Upon perusal of roznama it reveals that on last date the plaintiff has filed reply to NM. Hence, last chance granted to plaintiff to argue NM No.2548/2022.
    Matter adjd to 18.09.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-09-2023
    
    Date: 18-09-2023
    Business: Adv. Mahesh Gawade for plaintiff is present.
    Adv. Amitkumar Tiwari a/w Adv. Aparneswari Natarajan for defendant is present.
    The Ld. Advocate for plaintiff has filed an application for adjournment. TOR. Exh. 12.
    It is submitted that the Ld. Advocate who is looking after the matter on behalf of plaintiff is not keeping well and thus, unable to appear and proceed with the matter.
    The Ld. Advocate for defendant strongly opposed the application on the ground that already last chance granted to the plaintiff to argue the Notice of Motion No. 2548/2022. The plaintiff is in habit of prolonging the matter. Hence, the application may kindly be rejected with cost.
    Heard both sides.
    It is to be seen that the adjournment application supported by the medical certificate. Wherein it reveals that, the Ld. Advocate Mr. Ajay suffered with illness. Hence, suggested for rest. Considering this aspect the application stand allowed. The plaintiff is directed to argue the matter without fail on next date.
    Matter adjd to 17.10.2023 for NM No. 2548/22 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-10-2023
    
    Date: 17-10-2023
    Business: Plaintiff present.
    Advocate Ms. Aparneswari Natarajan a/w Advocate Ms. Nikita Janvalkar for defendants present.
    Representative of defendant present.
    The plaintiff has filed an application for grant of adjournment. Exhibit-13.
    It is submitted that the Ld. Advocate for plaintiff is not keeping well and therefore unable to argue the matter. The Ld. Advocate for defendant strongly oppose the application on the ground that, sufficient opportunities given to the plaintiff to argue the Notice of motion. Heard.
    Upon perusal for roznama it reveals that, on 03.01.2023, 20.07.2023 and 18.09.2023 the plaintiff by filing adjournment application seeking adjournment on account of illness of his advocate for time to time. Previous roznama shows that, last chance granted to plaintiff to argue the matter today. However again today, the plaintiff is seeking an adjournment. Therefore the application Exhibit-13 is allowed subject to cost of Rs.2,000/- paid to defendant.
    Matter stands adjourned on 19.12.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-12-2023
    
    Date: 19-12-2023
    Business: P.O. is on leave. Matter adjourned to
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-02-2024
    
    Date: 03-02-2024
    Business: Adv. Mahesh Gawade for plaintiff is present and filed Vakalatnama Exh. 14. TOR.
    Adv. Suraj Chaurasia for defendant no. 1 to 5 is present and seek time. O- Time granted.
    Cost amount of Rs. 2000/- received by advocate on behalf of defendant no. 1 to 5.
    Matter adjd to 28.03.2024 for NM hearing on the request of both advocates.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2024
    
    Date: 28-03-2024
    Business: P.O is on official duty at Small Causes Court in 2nd session.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-06-2024
    
    Date: 10-06-2024
    Business: P.O is on leave
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 02-08-2024
    
    Date: 02-08-2024
    Business: Adv. Mahesh Gawade for plaintiff is present and filed application Exh.15. TOR.
    Adv. Aparneshwari Natrajan for defendant is present.
    The Ld. Adv. for defendant opposed the application on the ground that hearing of motion is adjourned on many occasion. Heard advocates for the parties. Time granted as last chance subject to undertaking to work out matter, on failure motion will proceed further without hearing the plaintiff.
    Matter adjd to 05.09.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-09-2024
    
    Date: 05-09-2024
    Business: Plaintiff in person present and filed adjdmt. Application t.o.r marked Exh.16 and requested time to engage new advocate. Time granted as last chance with understanding that hearing of NM will proceed further on next date.
    Adv Suraj Chourasia i/b Amitkumar Tiwari for defendant is present.
    Matter adjd to 05/11/2024  for hrg NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-11-2024
    
    Date: 05-11-2024
    Business: Adv. Akhil Upade for plaintiff is present and seek time for Vakalatnama and to work out notice of motion. O- Time granted with understanding that no further adjournment will be granted on next date.
    Adv. Aparneshwari Natrajan for defendants is present.
    Matter adjd to 18.12.2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-12-2024
    
    Date: 18-12-2024
    Business: Adv. Mahesh Gawade appear for plaintiff.
    Adv. Aparneshwari Natranjan for defendant is present.
    Defendant No. 1 authorized representative is present.
    With consent, matter adjd to 31-01-2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 31-01-2025
    
    Date: 31-01-2025
    Business: Adv. Mahesh Gavande for plaintiff is present and seek time hearing. O- Time granted as a last chance.
    Adv. Aparneshwari Natarajan for defendant no. 1 to 5 is present and filed notes of argument. TOR. Copy served on other side. Representative of defendant no.1 present
    Matter adjd to 04.04.2025 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2025
    
    Date: 04-04-2025
    Business: Adv. Mahesh Gawade for plaintiff is present and filed notes of argument to NM No.2548/22 TOR. Copy served on other side. He also seek time. O- Time granted.
    Adv. Aparneswari Natarajan a/w Adv. Shah for defendant is present.
    Matter adjd to 23.06.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 23-06-2025
    
    Date: 23-06-2025
    Business: None present for plaintiff.
    Adv. Kunal Desai h/f Adv. Aparneshwari Natrajan for defendant is present.
    Matter adjd to 19.08.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-08-2025
    
    Date: 19-08-2025
    Business: P. O. is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 09-10-2025
    
    Date: 09-10-2025
    Business: Adv. Mahesh Gawde for plaintiff is present and seek time. O- Time granted subject to undertaking to work out matter on next date.
    Adv. Aparneshwari Natrajan for defendants is present.
    Representative of defendant no.1 present.
    Matter adjd to 18.10.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 18-10-2025
    
    Date: 18-10-2025
    Business: Adv. Mahesh Gawde for plaintiff is present.
    Adv. Ritik Prasad h/f Anilkumar Tiwari for defendant is present and seek time. O- Time granted.
    Matter adjd to 17.12.2025 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-12-2025
    
    Date: 17-12-2025
    Business: Adv. Mahesh Gawde for plaintiff is present.
    Adv. Aparneshwari Natrajan for defendants is present.
    Heard both sides.
    F.R.S.R following order is passed in Notice of Motion No.2548 of 2022
    ORDER
    1. Notice of Motion no.2548 of 2022 is rejected with no order as to cost.
    2. Notice of Motion is disposed off accordingly.
    Matter adjd to 26.02.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-02-2026
    
    Date: 26-02-2026
    Business: Adv. Mahesh Gawde for plaintiff is present and seeks adjournment to argue on the notice of motion.
    Adv. Amitkumar Tiwari for defendants is present.
    Matter adjourned to 04.04.2026 for NM and ch/s hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-04-2026
    
    Date: 04-04-2026
    Business: None present for plaintiff.
    Adv. Aparneshwari i/b Amitkumar Tiwari for defendants is present.
    Matter adjourned to 13.07.2026 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-07-2026
    
    Date: 13-07-2026
    Business: Matter is received from CR. No.01
    None present for plaintiff.
    Adv. Aparneshwari Natarajan for defendant present.
    Matter is adjd to for 11.08.2026 for hearing.
    Next Purpose: HEARING
    Next Hearing Date: 11-08-2026
    
    Date: 11-08-2026
    Business: The Presiding Officer is relived for Induction Orientation Training.
    Next Purpose: HEARING
    Next Hearing Date: 28-09-2026

    Additional Case Details

    Additional Case Details
    Filing Number: 101626/2018
    Filing Date: 29-01-2018
    First Hearing Date: 31st January 2018
    Court Number And Judge: 64-COURT 64 AD-HOC ADDL SESSIONS JUDGE

    Orders

    0

    No order text is available in this record.

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