Order Details: Other Pdf Text: 18.07.2022 Sr. No. 23 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 2856/15 NM 472/18 Adv. Ms. Vijayarani Prasad for the plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present. Heard both the sides on NM No. 472/2018. The following order follows on NM No. 472/2018: ORDER Having considered there submissions, at the outset, it seems that in view of the notice dated 13.02.2014, the plaintiff filed his reply on 17.02.2014 and admittedly, as…
NOTICE OF MOTION
Mr. Shaukatali M.A. KhanVsMCGM
CNR MHCC01001914201811-COURT 11 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--ALLOWED
Decision Date: 18th July 2022
TrustJury record updated 09 Sept 2026
Case Overview
- Registration Number
- 100472/2018
- Registration Date
- 06 Feb 2018
Advocates
1For Petitioner
For Respondent
Not available
Parties
2Petitioner
Respondent
- 1MCGM
Acts & Sections
1Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9
Case History / Proceedings
Case History
Date: 15-02-2018
Business: As court is busy in mediation work and new fresh urgent matters. Hence, board is discharged.
Matter adjd to 20.04.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 20-04-2018
Date: 20-04-2018
Business: As the court is busy in dictating orders. Hence board is discharged.
Matter adjd to 3.07.2018.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 03-07-2018
Date: 03-07-2018
Business: Do to heavy rain Advocate and Staff is absent Hence Board is
Discharge and Suit is Adjourned to 23.08.2018 for Reply.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 23-08-2018
Date: 23-08-2018
Business: Matter adjd.for Reply to 5.10.18.
Next Purpose: REPLY
Next Hearing Date: 05-10-2018
Date: 05-10-2018
Business: Court is busy in hearing argument in suit stamp no.13551/18, 13552/18, suit no.1045/10 and hearing and dictating order on Notice of Motion no.723/2013 in suit no.247/13, hence board is discharged and case is adjourned to 22/11/2018.
Next Purpose: REPLY
Next Hearing Date: 22-11-2018
Date: 22-11-2018
Business: Advocate Mr. Dubey for Plaintiff present.
Advocate for BMC/Deft present and sought time to file reply to NM.
Case is adjourned to 05/02/2019 for reply/hearing of Notice of Motion.
Next Purpose: REPLY
Next Hearing Date: 05-02-2019
Date: 05-02-2019
Reason For Adjournment: court time is over
Next Purpose: REPLY
Next Hearing Date: 09-04-2019
Date: 09-04-2019
Business: Adv. V.T.Dubey for plaintiff present.
Adv. Ms.Hajare for MCGM/Deft present.
Adv. Ms. Hajare sought time to file reply granted as last opportunity.
Adjd. To 04.06.2019 for reply/hearing on N/M.
Next Purpose: REPLY
Next Hearing Date: 04-06-2019
Date: 04-06-2019
Business: Advocate V.T.Dubey for plaintiff present.
Advocate Ms.Mhatre for defendant/MCGM present and sought time to file reply on NM. Time is granted.
It appears that the plaintiff has taken out draft NM on 01.02.2018 and since then till date has not tendered the registered NM thought from the board of the Court it can be seen that the NM is registered in the year 2018 itself. In case the Plaintiff does not tender registered NM on or before next date it shall stand dismissed without reference to the Court.
The case is adjourned to 13.08.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 13-08-2019
Date: 13-08-2019
Business: Advocate V.T.Dubey for plaintiff present and filed original Notice of Motion No.472/18 along with affidavit in support of Notice of Motion. T.O.R.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted.
The case is adjourned to 01.10.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 01-10-2019
Date: 01-10-2019
Business: Advocate N.K.Dubey h/f adv. V.T.Dubey for plaintiff present.
Advocate Ms. Mhatre for defendant/MCGM present and sought time. Time is granted as last opportunity.
The case is adjourned to 21.11.2019 for NM reply.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 21-11-2019
Date: 21-11-2019
Business: court is on leave
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 10-01-2020
Date: 10-01-2020
Business: Adv. Mr. V.T. Dubey for plaintiff present.
Adv. Mrs. Tondawalkar for deft./MCGM present, prayed for adjd.
Matter is adjd. for NM reply on 03.04.2020.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 15-06-2020
Date: 15-06-2020
Business: National Lockdown
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 07-08-2020
Date: 07-08-2020
Business: Due to covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 23-09-2020
Date: 23-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 04-11-2020
Date: 04-11-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-01-2021
Date: 18-01-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 03-03-2021
Date: 03-03-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 19-04-2021
Date: 19-04-2021
Business: Due to surge in Covid-19 matter is adjourned to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 16-07-2021
Date: 16-07-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 20-09-2021
Date: 20-09-2021
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 12-11-2021
Date: 12-11-2021
Business: Court is Vacant. Matter is adj. to next date.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 22-12-2021
Date: 22-12-2021
Business: Court is on leave.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 25-02-2022
Date: 25-02-2022
Business: Adv. Vijayarani Prasad for plaintiff is present.
Mr. Khandagale for defendant/MCGM present and orally requested for time to file NM reply. Sufficient time is already granted. Hence, his request is discarded. The suit is proceeded without NM reply.
Adjourned for NM hearing to 29.04.2022.
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 29-04-2022
Date: 29-04-2022
Business: HHJ gone to training programme at Uttan, hence adjd to
Next Purpose: NM REPLYREJOINDER
Next Hearing Date: 18-07-2022
Date: 18-07-2022
Business: Adv. Ms. Vijayarani Prasad for the plaintiff is present.
Adv. Mr. Khandagale for defendant/MCGM is present.
Heard both the sides on NM No. 472/2018. The following order follows on NM No. 472/2018:
ORDER
Having considered there submissions, at the outset, it seems that in view of the notice dated 13.02.2014, the plaintiff filed his reply on 17.02.2014 and admittedly, as of now, the Speaking Order is awaited in the matter. The learned advocate for the plaintiff made the statement at bar that till date, no Speaking Order is communicated to the plaintiff. Even the defendant did not file reply on this NM. Needless to say that having received the notice reply, it was required from the defendant to consider the same and to communicate his response/outcome, in either form, to the plaintiff. However, this procedure is not followed. Nor, till date, the passing of speaking order is communicated on the record. This was the position prevailing even at the time of passing of earlier order, which is continued till date. On this background, it can safely be concluded that the defendant is yet to follow the due process of law before proceeding against the notice structure. In the result, the defendant is called upon to consider the notice reply dated 17.02.2014 filed by the plaintiff and to pass the speaking afresh, if he so desires. In the meantime, he is restrained to proceed against the notice structure, without following the due process of law, on the basis of the suit notice dated 13.02.2014. In case, the said order goes against the plaintiff, the effect and operation thereof may be stayed for the period of two weeks from the date of its communication to the plaintiff, so as to enable him to exercise the remedies legally available to him. In the light of these observations, NM No. 472/2018 is disposed of as partly allowed.
Adjourned for filing affidavit of documents to 12.09.2022.
Nature Of Disposal: ALLOWED
Disposal Date: 18-07-2022Additional Case Details
Additional Case Details
Filing Number: 102034/2018 Filing Date: 06-02-2018 First Hearing Date: 15th February 2018 Decision Date: 18th July 2022 Court Number And Judge: 11-COURT 11 ADDL SESSIONS JUDGE
Orders
2Final Order 1Full order available
18 Jul 2022
Order 1Full order available
18 Jul 2022
Order Details: Other Pdf Text: 18.07.2022 Sr. No. 23 CORAM: H.H.J. SHRI. A.G. SANTANI (C.R. NO.11) SU 2856/15 NM 472/18 Adv. Ms. Vijayarani Prasad for the plaintiff is present. Adv. Mr. Khandagale for defendant/MCGM is present. Heard both the sides on NM No. 472/2018. The following order follows on NM No. 472/2018: ORDER Having considered there submissions, at the outset, it seems that in view of the notice dated 13.02.2014, the plaintiff filed his reply on 17.02.2014 and admittedly, as…
TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.
