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NOTICE OF MOTION

Mohammedali Taherali MerchantVsMCGM

CNR MHCC0100167420185-COURT 05 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 06th July 2019

TrustJury record updated 08 Sept 2026

Case Overview

Registration Number
100422/2018
Registration Date
01 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Respondent

    1. 1MCGM

    Acts & Sections

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

    Case History / Proceedings

    Case History
    Date: 06-03-2018
    Business: Resumed.
    The P.O is busy in hearing of NM No. 1811/2017   in suit No. 1084/2017.
    Adjd. for NM hearing to 10.04.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-04-2018
    
    Date: 10-04-2018
    Business: Resumed.
    Adv. Parmar for plaintiff and Adv. Dhumale for BMC are present.
    Adv Dhumale seeks time to file reply the NM.  Granted as last chance.
    Adjd. For NM reply and arguments to 07.06.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-06-2018
    
    Date: 07-06-2018
    Business: Resumed.
    The P.O. is busy in hearing of NM No. 4136/2015 in Suit No. 983 of 2015 and Judgment in Suit No. 948/2018, order on Ch/s no. 282/2017 in Suit No. 1063/2015.  For want of time the board is discharged.
    Adjd for NM reply to 07.07.2018
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 07-07-2018
    
    Date: 07-07-2018
    Business: Resumed.
    The P.O. is on leave.
    Adjd for NM reply to 28.08.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 28-08-2018
    
    Date: 28-08-2018
    Business: Resumed.
    Adv. Ashish Gupta for plaintiff filed registered NM No. 422/2018
    The P.O. is busy in recording evidence in Sessions Case No. 577/2017 and 99/2018.  For want of time the board is discharged.
    Adjd for NM reply to 23.10.2018.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-10-2018
    
    Date: 23-10-2018
    Business: Resumed.
    Adv. Ashish Gupta for plaintiff is present.
    Adv. Dhumale for MCGM seeks time to file reply to NM.
    Granted as last chance with a direction that if the defendant fails to file its reply the NM will be decided on its own merits.
    Adjd for NM reply to 05.01.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-01-2019
    
    Date: 05-01-2019
    Business: Resumed.
    Adv. Parmar for plaintiff and Adv. Dhumale for MCGM are present.
    Adv. Dhumale recorded his reply on NM.
    Adjd for NM arguments to 31.01.2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 31-01-2019
    
    Date: 31-01-2019
    Business: Resumed.
    Adv. Gupta for plaintiff and Adv. Dhumale for MCGM are present.
    Adv. Gupta seeks time to argue the NM.  Time is granted as last chance.
    Adjd for NM arguments to 14.03.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-03-2019
    
    Date: 14-03-2019
    Business: Adv.Mr.J.V. Parmar for plaintiff present.
    Adv.Mr.Dhumale for defendant/MCGM present.
    Matter adjd to 23.04.2019 for NM Hearing.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 23-04-2019
    
    Date: 23-04-2019
    Business: As Court is busy in dictating judgment in SU No.1753/2010 and also NM and Ch/s. Orders, hence, board discharged.
    Matter adjd to 04.07.2019 for NM Argument.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 04-07-2019
    
    Date: 04-07-2019
    Business: Adv.Mr.J.V.Parmar for plaintiff present.
    Adv.Smt. Rawade for defendant/MCGM present.
    Heard both the sides.
    Matter adjd to 06.07.2019 for NM Order.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 06-07-2019
    
    Date: 06-07-2019
    Business: Plaintiff present. Adv.absent.
    Adv.Smt.Rawade for defendant/MCGM present.
    ORDER ON NM NO.422/2018
    1.Heard Adv.of plaintiff and Adv.of defendant.
    2.Plaintiff seeks to restore the suit dismissed for want of prosecution on 08.09.2016.
    3.It is contended that the suit is dismissed for want of prosecution because of the fault of advocate. It is submitted that there is delay of 14 weeks. It is contended that in the interest of justice the suit be restored.
    4. The Corporation had objected for restoration of suit.
    5. Suit was dismissed as Plaintiff had failed to lead evidence.
    6. In order to give fair opportunity to the Plaintiff to context the suit, the suit deserves to be restored.
    ORDER
    1. The Notice of Motion No.422/2018 is allowed.
    2. The suit is restored.
    3. The Plaintiff is directed to pay cost of Rs.1,000/- to the District Legal Services Authority within 3 weeks from the date of order.
    Nature Of Disposal: ALLOWED
    Disposal Date: 06-07-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 101787/2018
    Filing Date: 01-02-2018
    First Hearing Date: 06th March 2018
    Decision Date: 06th July 2019
    Court Number And Judge: 5-COURT 05  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    06 Jul 2019

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF HHJ Shri. S.C. Pathare COURT 5 ADDL SESSIONS JUDGE Case No.: NOTICE OF MOTION / 100422 / 2018 CNR Number: MHCC010016742018 Mohammedali Taherali Merchant Vs MCGM Shri J. V. Parmar Advocate / Todays Date Roznama Next/Disposal Date 06-07-2019 Plaintiff present. Adv.absent. Adv.Smt.Rawade for defendant/MCGM present. ORDER ON NM NO.422/2018 1.Heard Adv.of plaintiff and Adv.of defendant. 2.Plaintiff seeks to restore the suit dismissed for want of prosecution on 08.09.2016. 3.It…

    Read Full Order
    Order 1Full order available
    06 Jul 2019

    Order Details: Notice of Motion Pdf Text: IN THE COURT OF HHJ Shri. S.C. Pathare COURT 5 ADDL SESSIONS JUDGE Case No.: NOTICE OF MOTION / 100422 / 2018 CNR Number: MHCC010016742018 Mohammedali Taherali Merchant Vs MCGM Shri J. V. Parmar Advocate / Todays Date Roznama Next/Disposal Date 06-07-2019 Plaintiff present. Adv.absent. Adv.Smt.Rawade for defendant/MCGM present. ORDER ON NM NO.422/2018 1.Heard Adv.of plaintiff and Adv.of defendant. 2.Plaintiff seeks to restore the suit dismissed for want of prosecution on 08.09.2016. 3.It…

    Read Full Order

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