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NOTICE OF MOTION

Devang Ishwarbhai MehtaVsMs Asian Tools And Bearings And Ors

CNR MHCC0100165020184-COURT 04 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--COMPROMISE
Decision Date: 11th December 2021

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100412/2018
Registration Date
01 Feb 2018

Advocates

1

For Petitioner

    Not available

    For Respondent

    Parties

    2

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 20-04-2018
    Business: P.O. is on Leave
    Next Purpose: SERVICE
    Next Hearing Date: 06-08-2018
    
    Date: 06-08-2018
    Business: Adv Patel for plaintiff present.
    Adv D Abraham for defendant no.1 to 4 present.
    Adv for defendant filed affidavit of service t.o.r.
    Adjourned to 08.02.2019  for reply.
    Next Purpose: REPLY
    Next Hearing Date: 08-02-2019
    
    Date: 08-02-2019
    Business: None Present for Plaintiff.
    Adv. D. Ibrahim for all defendants Present.
    Adjd to 29/04/2019 for reply
    Next Purpose: REPLY
    Next Hearing Date: 29-04-2019
    
    Date: 29-04-2019
    Next Purpose: REPLY
    Next Hearing Date: 09-08-2019
    
    Date: 09-08-2019
    Business: P.O. is on Training.
    Next Purpose: REPLY
    Next Hearing Date: 19-09-2019
    
    Date: 19-09-2019
    Business: Matter called out(3.29pm)
    None present.
    Matter is adj for reply on 19/10/19.
    Later on at 4.23pm
    Adv.D.Abraham for defendant present.
    Next Purpose: REPLY
    Next Hearing Date: 19-10-2019
    
    Date: 19-10-2019
    Business: Matter called out(2.58pm)
    None present.
    Matter is adj to 03/12/19 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2019
    
    Date: 19-10-2019
    Business: Matter called out(2.58pm)
    None present.
    Matter is adj to 03/12/19 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2019
    
    Date: 19-10-2019
    Business: Matter called out(2.58pm)
    None present.
    Matter is adj to 03/12/19 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 03-12-2019
    
    Date: 03-12-2019
    Business: Matter called out(2.57pm)
    Adv.D.Abraham for defendant present.
    Plaintiff in person present seeking time to file reply. Time granted.
    Matter is adj to 23/01/2020 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 23-01-2020
    
    Date: 23-01-2020
    Business: Matter is called out at 3.49pm
    Plaintiff and his advocate absent.
    Adv.D.Abrahan for defendant no.1 to 4 present.
    Matter is adj to 19/03/2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 23-01-2020
    Business: Matter is called out at 3.49pm
    Plaintiff and his advocate absent.
    Adv.D.Abrahan for defendant no.1 to 4 present.
    Matter is adj to 19/03/2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 23-01-2020
    Business: Matter is called out at 3.49pm
    Plaintiff and his advocate absent.
    Adv.D.Abrahan for defendant no.1 to 4 present.
    Matter is adj to 19/03/2020 for reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 19-03-2020
    
    Date: 19-03-2020
    Business: None for plaintiff.
    None for defendants.
    In view of the advisory to subordinate courts and office order no. 66 /2020 of Hon''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of coronavirus (2019-Ncov) the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 29-04-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-05-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-05-2020
    
    Date: 29-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-05-2020
    
    Date: 20-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2020
    
    Date: 20-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2020
    
    Date: 20-05-2020
    Business: In view of extension of Lockdown period pursuant to the declaration of Novel Corona Virus (Covid-19) as global pandemic by WHO and as per Office Order 78 of 2020, matter adjourned
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 08-06-2020
    
    Date: 08-06-2020
    Business: Case is adjd. in view of declaration of Noval Corona Virus (COVID  -19).
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-08-2020
    
    Date: 09-08-2020
    Business: Wrongly on board.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 09-08-2020
    Business: Wrongly on board.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 09-08-2020
    Business: Wrongly on board.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2020
    
    Date: 10-08-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2020
    
    Date: 10-08-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2020
    
    Date: 10-08-2020
    Business: In view of the advisory to subordinate courts and office order dtd. 30.06.2020 of Hon\''ble Principal Judge, Bombay City Civil Court in the back drop of outbreak of Noval Coronavirus (COVID -19) the matter is adjourned.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 06-10-2020
    
    Date: 06-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 06-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 06-10-2020
    Business: In view of the Standard Operating Procedure laid down by Hon''ble Bombay High Court vide circulars dtd. 03.06.2020, 05.09.2020, 10.09.2020 in the wake of spread of COVID-19 pandemic the matter is adjourned owing to absence of the  parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 14-12-2020
    
    Date: 14-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2021
    
    Date: 14-12-2020
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-01-2021
    
    Date: 18-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 22.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2021
    
    Date: 18-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 22.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2021
    
    Date: 18-01-2021
    Business: Pursuant to office order No. 166/2020 dtd. 27.11.2020 of Hon\''ble Principal Judge City Civil and Sessions Court, Greater Bombay in view of standard operating procedure (SOP) dtd. 27.11.2020 of Hon\''ble Bombay High Court, after taking into account the present situation of COVID-19 pandemic, the matter is adjourned owing to absence of the parties.
    Adjd to 22.02.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-02-2021
    
    Date: 22-02-2021
    Business: Adv. Pratik Korgaonkar for plaintiff present.
    None for defendants.
    On oral request of Ld. Adv. for plaintiff adjournment granted as last chance.
    Adjd to 23.03.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-03-2021
    
    Date: 23-03-2021
    Business: None for plaintiff.
    None for defendants.
    Due to spike in number of COVID-19 patients and/or affected persons in Maharashtra, the matter is adjourned without any proceeding today owing to absence of the parties.
    Adjd to 20.04.2021 for NM reply.
    L.o. at 3.10 p.m. Adv. Y. P. Gandhi for plaintiff present.
    Adjd to 16.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 16-04-2021
    
    Date: 16-04-2021
    Business: Declared as holiday.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 18-06-2021
    
    Date: 18-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 25.08.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2021
    
    Date: 18-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 25.08.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2021
    
    Date: 18-06-2021
    Business: Nobody present.
    Due to Covid-19 pandemic, adjd. to 25.08.2021.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 25-08-2021
    
    Date: 25-08-2021
    Business: None for both parties. Plaintiff to file reply to NM on next date failing which suit will proceed further for hearing of Notice of motion.
    Adjd for NM reply to 30/09/2021
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 30-09-2021
    
    Date: 30-09-2021
    Business: None present for both parties.
    Adjd for NM hearing to 10/11/2021
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-11-2021
    
    Date: 10-11-2021
    Business: Adv. Smt. D. Abraham. For defendant present.
    When asked the amount of recovery, adv. For defendant stated that it is around 1 lakhs.
    On perusal of plaint the amount of recovery is Rs. 87500/- along with interest at the rate of 24 percent per annum.
    Considering the nature of dispute the same can be settled between the parties hence kept in National Lok Adalalat dt. 11.12.2021
    Issue notice of plaintiff and defendant No. 1 to 4
    Adjd for lok Adalalat to 11/12/2021
    Next Purpose: Lok-Nyayalay
    Next Hearing Date: 11-12-2021
    
    Date: 11-12-2021
    Business: Plaintiff  present. Adv. for plaintiff absent.
    Deft. No. 2  Mr. Jayendra Yagi partner of deft. no. 1 present.
    Adv. Daisy Abraham for all defendants present.
    Exh.4 - Consent Terms filed T.O.R.
               ORDER
    1.Plaintiff and defendant no. 2 partner of defendant no. 1 has settled for all defendants.
    2. Plaintiff had received cheque bearing no. 129516 dated 14.12.2021 drawn on Federal Bank, Vile Parle Branch for amount of Rs. 1,26,500/-(One Lakh Twenty Six thousand five hundred only) as full and final settlement.
    3. Defendant no. 2 undertakes to honour the cheque.
    4. The Court fee be refunded.
    5. Decree be drawn accordingly.
    6. Suit is disposed off as per Consent Terms.
    Nature Of Disposal: COMPROMISE
    Disposal Date: 11-12-2021

    Additional Case Details

    Additional Case Details
    Filing Number: 101796/2018
    Filing Date: 01-02-2018
    First Hearing Date: 13th February 2018
    Decision Date: 11th December 2021
    Court Number And Judge: 4-COURT 04 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1
    11 Dec 2021
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100412/2018
    Devang Ishwarbhai Mehta Vs Ms Asian Tools And Bearings And Ors
    Date : 11-12-2021
    Business : Plaintiff present. Adv. for plaintiff absent. Deft. No. 2 Mr.
    Jayendra Yagi partner of deft. no. 1 present. Adv. Daisy
    Abraham for all defendants present. Exh.4 - Consent Terms
    filed T.O.R. ORDER 1.Plaintiff and defendant no. 2 partner
    of defendant no. 1 has settled for all defendants. 2. Plaintiff
    had received cheque bearing no. 129516 dated 14.12.2021
    drawn on Federal Bank, Vile Parle Branch for amount of Rs.
    1,26,500/-(One Lakh Twenty Six thousand five hundred
    only) as full and final settlement. 3. Defendant no. 2
    undertakes to honour the cheque. 4. The Court fee be
    refunded. 5. Decree be drawn accordingly. 6. Suit is
    disposed off as per Consent Terms.
    Nature of Disposal : COMPROMISE
    Disposal Date : 11-12-2021
    COURT 04 ADDL SESSIONS JUDGE
    -- 1 of 1 --
    Order 1
    11 Dec 2021
    Order Details: Notice of Motion
    Pdf Text: IN THE COURT OF :COURT 04 ADDL SESSIONS JUDGE
    Case No. :NOTICE OF MOTION/0100412/2018
    Devang Ishwarbhai Mehta Vs Ms Asian Tools And Bearings And Ors
    Date : 11-12-2021
    Business : Plaintiff present. Adv. for plaintiff absent. Deft. No. 2 Mr.
    Jayendra Yagi partner of deft. no. 1 present. Adv. Daisy
    Abraham for all defendants present. Exh.4 - Consent Terms
    filed T.O.R. ORDER 1.Plaintiff and defendant no. 2 partner
    of defendant no. 1 has settled for all defendants. 2. Plaintiff
    had received cheque bearing no. 129516 dated 14.12.2021
    drawn on Federal Bank, Vile Parle Branch for amount of Rs.
    1,26,500/-(One Lakh Twenty Six thousand five hundred
    only) as full and final settlement. 3. Defendant no. 2
    undertakes to honour the cheque. 4. The Court fee be
    refunded. 5. Decree be drawn accordingly. 6. Suit is
    disposed off as per Consent Terms.
    Nature of Disposal : COMPROMISE
    Disposal Date : 11-12-2021
    COURT 04 ADDL SESSIONS JUDGE
    -- 1 of 1 --

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