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MISC APPEAL

M/s. Patdiam JewelsVsThe Development Commissioner +1 more

CNR MHCC01001979201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 22nd December 2020

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100097/2019
Registration Date
01 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

3

Acts & Sections

1
Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act · Sec 9

Case History / Proceedings

Case History
Date: 11-03-2019
Business: Adv. Deepen Dixit for applicant present.
Adv. M.S. Bharadwaj for respondent present.
Exh.2Stay application.
Adjd. to 22/03/2019 for reply to stay application.
Next Purpose: REPLY
Next Hearing Date: 22-03-2019

Date: 22-03-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
The Hon\''ble Principal Judge is on leave today, adjd. to 25/03/2019 for reply to stay application/R and P.
Next Purpose: REPLY
Next Hearing Date: 25-03-2019

Date: 25-03-2019
Business: Adv. Firoz Bharucha with Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
At the request of Ld. Counsel for respondent, adjd. to for reply to stay application.
Adjd. to 16/04/2019 for reply to stay/R and P.
Next Purpose: REPLY
Next Hearing Date: 16-04-2019

Date: 16-04-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
At the request of Ld. Counsel for respondent, adjd. to 23/04/2019 for reply to stay and R and P.
Next Purpose: REPLY
Next Hearing Date: 23-04-2019

Date: 23-04-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Exh.3Respondent files reply and copy of R and P. Copy served to other side.
Heard both sides on stay application.
Adjd. to 02/05/2019 for order on stay application.
Next Purpose: REPLY
Next Hearing Date: 02-05-2019

Date: 02-05-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
As the Court is busy in dictating judgment in other matters, adjd. to 06/05/2019 for order on stay application.
Next Purpose: ORDER
Next Hearing Date: 06-05-2019

Date: 06-05-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
F.R.S.R. following order is passed below Exh.2.
O R D E R
Pending hearing and disposal of the present application, the effect and implementation of the impugned notice/order dated 1st February, 2019(Exh.D) is hereby stayed.
Adjd. to 26/06/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 26-06-2019

Date: 26-06-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. M.S. Bharadwaj for respondent present.
Both the Ld. Advocates submit that the connected Delay Condonation Application No.56/19 is pending before C.R.No.4. Hence the present matter stands transferred to C.R.No.4.
The P.O. had been to J.J.B. Dongri for memo reading, adjd. to 12/07/2019 for hearing.
Earlier order to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 12-07-2019

Date: 12-07-2019
Business: Court is on leave
Next Purpose: HEARING
Next Hearing Date: 09-08-2019

Date: 09-08-2019
Next Purpose: HEARING
Next Hearing Date: 09-09-2019

Date: 09-09-2019
Business: Adv. Mr. Deepan Dixit for appellant is present.
Adv. Mr. M.S. Bhardwaj for respondent is present.
Earlier order, if any, to continue till the next date.
Matter adj. to 03/10/2019 for hearing.
Next Purpose: HEARING
Next Hearing Date: 03-10-2019

Date: 03-10-2019
Next Purpose: HEARING
Next Hearing Date: 14-11-2019

Date: 14-11-2019
Business: Adv. Deepan Dixit for appellant present.
Adv. Bhardwaj for respondent present.
By consent and convenience of the parties, adjd for final hearing to 30.01.2020.
Next Purpose: HEARING
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Deepan Dixit for appellant is present
Adv. M. S. Bharadwaj for respondent is present.
By consent, adjourned to 27.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 27-02-2020

Date: 27-02-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
As the connected Misc Appeal No.105/19 and 162/19 are adjourned to 02.03.2020, hence adjourned to 02.03.2020 for final Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 02-03-2020

Date: 02-03-2020
Business: None present for appellant.
Adv. M. S. Bharadwaj for respondent is present.
KB
Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
As the connected Misc Appeal is adjourned to 03.03.2020, hence adjourned to 03.03.2020 at 11.30 am for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 03-03-2020

Date: 03-03-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
As connected Misc Appeal is adjourned to 14.03.2020, hence adjourned to 14.03.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 14-03-2020

Date: 14-03-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj for respondent is present.
Heard final arguments of Adv. Deepan Dixit for appellant.
Heard final arguments of Adv. Bharadwaj for respondent.
Adjourned to 19.03.2020 at 12.00 pm for arguments in reply, if any.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 19-03-2020

Date: 19-03-2020
Business: None present for appellant.
Adv. M. S. Bharadwaj for appellant is present.
Adjourned to 23.03.2020 for Arguments in reply.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 23-03-2020

Date: 23-03-2020
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-04-2020

Date: 01-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-04-2020

Date: 16-04-2020
Business: Due to COVID-19 the regular Courts are not functioning and as per directions of the Hon''ble High Court only extreme urgent matters are being taken and even the majority of the staff is shunt.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 05-05-2020

Date: 05-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-05-2020

Date: 27-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 12-06-2020

Date: 12-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 08-07-2020

Date: 08-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-07-2020

Date: 24-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 27-08-2020

Date: 27-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-09-2020

Date: 03-09-2020
Business: Adv. for appellant absent.
Adv. M.S. Bharadwaj for respondent present.
Adjourned to 01.10.2020 for arguments.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 01-10-2020

Date: 01-10-2020
Business: Adv. Deepan Dixit for appellant present through V.C.
Adv. M.S. Bharadwaj for respondent present.
By consent, adjourned to 26.10.2020 for hearing.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 26-10-2020

Date: 26-10-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
Heard Ld. Counsel for the parties, both sides submit that they would file their short written submissions on next date.
It is agreed that the appellant would furnish their written submissions to the respondent on or before 03.11.2020 whereas the respondent shall forward their written submissions to the appellant by 13.11.2020 and the written submissions would be filed alongwith the short rejoinder, if any, before this Court on next date.
Adjourned to 24.11.2020 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 24-11-2020

Date: 24-11-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
Advocate for appellant files written submissions.
Advocate for respondent seeks time to file written submissions by way of last opportunity. Time is granted.
Advance copy be given to appellant.
Written submissions on behalf of appellant filed by Adv. Deepan Dixit. TOR and marked as Exh.4.
Adjourned to 10.12.2020 for Written Submissions of respondent.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 10-12-2020

Date: 10-12-2020
Business: Adv. Deepan Dixit for appellant is present.
Adv. M.S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
Advocate for respondent filed written submissions. TOR and marked as Exh.5.
Adjourned to 22.12.2020 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 22-12-2020

Date: 22-12-2020
Business: Adv. Deepan Dixit for appellant present.
Adv. M. S. Bharadwaj a/w Adv. S. R. Rajguru for respondent present.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.97/19 is partly allowed.
2. Impugned order dated 01st February, 2019 passed by the Estate Manager is hereby set aside and the matter is remanded back to the Estate Manager.
3. Respondent no.2-Estate Manager is directed to consider the material before him and pass a reasoned order.
4. It is clarified that all the contentions of the parties are kept open.
5. R and P be sent back.
Nature Of Disposal: ALLOWED
Disposal Date: 22-12-2020

Additional Case Details

Additional Case Details
Filing Number: 102213/2019
Filing Date: 21-02-2019
First Hearing Date: 11th March 2019
Decision Date: 22nd December 2020
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

3
Final Order 2Full order available
22 Dec 2020

Order Details: Copy of Judgment Pdf Text: M/s. Patdiam Jewels v The Development Commissioner & Anr. Received on : 21/02/2019 Registered on : 01/03/2019 Decided on : 22/12/2020 Duration : Y M D 01 09 21 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY MISC. APPEAL NO. 97 of 2019 M/s. Patdiam Jewels, A partnership firm registered under Indian Partnership Act, 1923, having its office address – Gala No.702, Tower - I, SEEPZ ++, SEEPZ – Special Economic Zone, Andheri…

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Interim Order 1Full order available
06 May 2019

Order Details: Other Pdf Text: 1 Misc.Appeal97.19 IN THE BOMABY CITY CIVIL COURT AT BOMBAY Misc. Appeal 97 of 2019 M/s.Patdiam Jewels ..Appellants V/s. The Development Commissioner SEEPZSEZ, Andheri & anr. ..Respondents Coram : H.H.THE PRINCIPAL JUDGE SHRI V.G. BISHT Dated : 6th May,2019 (C.R.No.19) Advocate Mr.Deepan Dixit for appellants. Advocate Mr.M.S. Bharadwaj for respondents. Order below Exh.2: Read application. Read affidavit in reply to appeal. Perused paper books submitted by both the parties. Heard learned counsel for parties. 2…

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Order 1Full order available
06 May 2019

Order Details: Other Pdf Text: 1 Misc.Appeal97.19 IN THE BOMABY CITY CIVIL COURT AT BOMBAY Misc. Appeal 97 of 2019 M/s.Patdiam Jewels ..Appellants V/s. The Development Commissioner SEEPZSEZ, Andheri & anr. ..Respondents Coram : H.H.THE PRINCIPAL JUDGE SHRI V.G. BISHT Dated : 6th May,2019 (C.R.No.19) Advocate Mr.Deepan Dixit for appellants. Advocate Mr.M.S. Bharadwaj for respondents. Order below Exh.2: Read application. Read affidavit in reply to appeal. Perused paper books submitted by both the parties. Heard learned counsel for parties. 2…

Read Full Order

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