Date: 02-03-2020
Business: Adv.Ms.Shweta Singh for plaintiff present.
Adv. Jayendra S. for defendant present.
Adv for defendant tendered registered N/M No.858 of 2020.
Adv for plaintiff submitted that she has received copy of registered N/M No.858 of 2020 on 27/2/2020.
Matter adjd to 24/3/2020 for reply to N/M No.858 of 2020.
Next Purpose: REPLY
Next Hearing Date: 24-03-2020
Date: 24-03-2020
Next Purpose: REPLY
Next Hearing Date: 03-04-2020
Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 17-04-2020
Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 06-05-2020
Date: 06-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 28-05-2020
Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 08-06-2020
Date: 08-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: REPLY
Next Hearing Date: 14-08-2020
Date: 14-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 26-10-2020
Date: 26-10-2020
Business: P.O is on leave.
Matter Adjd on 25/01/2021.
Next Purpose: REPLY
Next Hearing Date: 25-01-2021
Date: 25-01-2021
Business: None present.
Adjd to 23-04-2021
Next Purpose: REPLY
Next Hearing Date: 23-04-2021
Date: 23-04-2021
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: REPLY
Next Hearing Date: 04-10-2021
Date: 04-10-2021
Business: Adv Santosh Tiwari present for DH.
None present for the JD.
Matter is adjd to 13.12.2021 for reply.
Next Purpose: REPLY
Next Hearing Date: 13-12-2021
Date: 13-12-2021
Business: Adv. Vidhi Karia h/f Adv. Pandey for DH present and requested time for filing reply on NM.
Adv. Mr. J. Shah for the applicant is present.
Matter is adjd. to 28/01/2022 for NM reply.
Next Purpose: REPLY
Next Hearing Date: 28-01-2022
Date: 28-01-2022
Business: P.O. is on Leave.
Next Purpose: REPLY
Next Hearing Date: 15-03-2022
Date: 15-03-2022
Business: None present.
Matter is adjd. for reply to 21-04-2022.
Next Purpose: REPLY
Next Hearing Date: 21-04-2022
Date: 21-04-2022
Business: None present.
Matter is adjd. for compliance to 20-07-2022.
Next Purpose: COMPLIANCE
Next Hearing Date: 20-07-2022
Date: 20-07-2022
Business: COURT IS VACANT
Next Purpose: COMPLIANCE
Next Hearing Date: 06-09-2022
Date: 06-09-2022
Business: As court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 04-11-2022
Date: 04-11-2022
Business: As court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 30-01-2023
Date: 30-01-2023
Business: As court is vacant
Next Purpose: COMPLIANCE
Next Hearing Date: 03-04-2023
Date: 03-04-2023
Business: As court is vacant.
Next Purpose: COMPLIANCE
Next Hearing Date: 10-07-2023
Date: 10-07-2023
Business: Adv.Jayendra Shah present for Applicant.
None present for defendant.
The counsel of applicant in NM seeking time. Time is granted.
Matter stands adjourned for NM hearing on 14-08-2023
Next Purpose: NM FOR HEARING
Next Hearing Date: 14-08-2023
Date: 14-08-2023
Business: P.O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-10-2023
Date: 06-10-2023
Business: Court is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2023
Date: 29-11-2023
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-01-2024
Date: 19-01-2024
Business: None present.
Matter stands adjourned for NM hearing on 15-04-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 15-04-2024
Date: 15-04-2024
Business: None present.
Matter stands adjourned for Notice of Motion hearing
on 21-06-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 21-06-2024
Date: 21-06-2024
Business: P. O. is on Leave.
Next Purpose: NM FOR HEARING
Next Hearing Date: 20-08-2024
Date: 20-08-2024
Business: As presiding office is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 22-10-2024
Date: 22-10-2024
Business: None present.
Kept back.
Later on at
Adv. J.S. Shah present for Petitioner in Notice of Motion NO.858/2020. Seeking time. Time is granted.
Matter stands adjourned for Notice of Motion hearing
on 17-12-2024.
Next Purpose: NM FOR HEARING
Next Hearing Date: 17-12-2024
Date: 17-12-2024
Business: None present for Decree Holder and Judgment Debtor.
Adv. Ansh Karnawat present for applicant in Notice of Motion No.858/2020.
Applicant to argue on the point of maintainability of Notice of Motion .
Matter stands adjourned for Notice of Motion hearing
on 04-02-2025.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-02-2025
Date: 04-02-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 24-03-2025
Date: 24-03-2025
Business: As court is vacant. Hence, matter is adjd to.
Next Purpose: NM FOR HEARING
Next Hearing Date: 12-06-2025
Date: 12-06-2025
Business: court is vacant
Next Purpose: NM FOR HEARING
Next Hearing Date: 30-07-2025
Date: 30-07-2025
Business: None present for Decree Holder and Judgment Debtor.
Decree Holder did not filed the reply to the Notice of Motion, proceed without reply.
Adv. Jayendra Shah present for applicant in Notice of Motion No.858/2020.
Matter stands adjourned to 19-09-2025 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 19-09-2025
Date: 19-09-2025
Business: Applicant is present.
Adv. Karnawat i/b Shah present for Applicant in Notice of Motion No.858/20.
None present for Judgment Debtor.
Matter stands adjourned to 01-11-2025 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 01-11-2025
Date: 01-11-2025
Business: As the presiding officer is on leave. Hence, matter is adjourned to
Next Purpose: NM FOR HEARING
Next Hearing Date: 29-11-2025
Date: 29-11-2025
Business: Applicant present in Notice of Motion. Seeking time. Time is granted as last chance, subject to costs of Rs.500/- to DLSA as Notice of Motion is old.
Decree Holder and Judgment Debtor is absent.
Matter stands adjourned to 31-01-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 31-01-2026
Date: 31-01-2026
Business: As court is busy in R/E and dictating order and in sessions. Hence, rest of the board stands discharged.
Matter stands adjourned to 16-03-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 16-03-2026
Date: 16-03-2026
Business: In view of the Sr.No.1 bearing No.265/1984 having age more than 40 yrs is fixed for final argument and ld. advocate for the plaintiff is ready for the argue and due to paucity of time the rest of the board being apprised that first half specially mean for civil matters as this court is also having charge of criminal matters regularly kept in second session hence, due to paucity of time unable to take up the rest of the matters. Hence, adjourned.
Matter stands adjourned to 04-04-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 04-04-2026
Date: 04-04-2026
Business: Applicant Harsh Maneklal Shah is present before the court his ld. advocate/ counsel is absent. His Notice of Motion No. 858/2020 is pending since last 5 yrs. hence, granted last chance as applicant apprised his counsel is unable to attend today.
Matter stands adjourned to 06-04-2026 for Notice of Motion
hearing.
Next Purpose: NM FOR HEARING
Next Hearing Date: 06-04-2026
Date: 06-04-2026
Business: Third party intervenor in E.A. No.514/2019 named Bhavesh Maneklal Shah is present.
Adv. Jayendra Shah for third party intervenor is present, tendered compliance pursis TOR marked as Exh.02.
None present for Decree Holder and Judgment Debtor i.e. original plaintiff and defendant.
Perused R and P of Notice of Motion no service affidavit appears to be tendered since last more than 05 yrs.
Sheristedar apprised that E.A. No.514/2019 ld. advocate/ Decree Holder plaintiff received the copy of Notice of Motion received on 27-02-2020.
Ld. advocate for intervenor Jayendra Sha he has not been served copy of reply by Judgment Debtor and Decree Holder till date. Therefore, I directed to Sheristedar to find from the record whether the reply to Notice of Motion is filed after 2-03-2020 being statement made by ld. advocate by the plaintiff she received the copy of registered Notice of Motion No.858/2020 0n 27-02-2020.
Sheristedar apprised that there is no copy of reply in the E.A. which was disposed off on previous date I..e 04-04-2026. Hence, the present Notice of Motion is proceeded without reply and I taken up the matter for hearing of Notice of Motion being more than 05 yrs old on its merits taken our for setting aside and recall of Ex-parte order and judgment dated 23-07-2019 in Suit No. 4073/09 i.e old HC Suit No. 2062/2009 with CNR No. MHCC01-004236-2009.
Order in Notice of Motion No.858/2020
Heard the ld. Jitendra Shah. Perused the document annexure A to O colly.
Perusal of his documentary evidence some documents are attested as a true copy. Original electric bill issued by BEST standing in the name of Maneklal D. Shah bearing Bill No. 105-265-001 3 for the period 03-12-1976 to 06-12-176 bill dated showing the last date payment of bill of Rs. 6.98 on or before 30-12-1976 showing address GRD FL 27 Kolsa Mohalla Nakhoda Street Bombay 04 with meter No. 504072 with last reading 215 and used units 5 and also shown latest and bill of October, 2025 showing ground floor plot No.27 Nakhoda Street of Narayan Dhuru Street Paydhoni, Mandvi, Mumbai- 400 003 showing a category of consumer commercial.
Perusal of his documentary evidence some documents are attested as a true copy. Original electric bill issued by BEST standing in the name of Maneklal D. Shah bearing Bill No. 105-265-001 3 for the period 03-12-1976 to 06-12-176 bill dated showing the last date payment of bill of Rs. 6.98 on or before 30-12-1976 showing address GRD FL 27 Kolsa Mohalla Nakhoda Street Bombay 04 with meter No. 504072 with last reading 215 and used units 5 and also shown latest and bill of October, 2025 showing ground floor plot No.27 Nakhoda Street of Narayan Dhuru Street Paydhoni, Mandvi, Mumbai- 400 003 showing a category of consumer commercial.
Original deed of dissolution dated 01-06-1975 showing the firm M/s Laxmi Sizing Work has been dissolved and said firm taken over alone by Maneklal D. Shah w.e.f. 30-05-1975 i.e. trade name, assets and liabilities, goodwill, tenancy rights of godown situated at 29, Nakhoda Street, Bombay 02 ()
I have returned both the electricity bills, dissolution deed and other annexed documents to the ld. Advocate and from these original documents trust building situated at 27, Nakhoda, ground floor, Bombay -03 godown No.01.
In supporting affidavit of Haresh Maneklal Shah stated on oath that the person shown as a defendant Pravin Gada is not in existence and in possession of suit godown premises. Godown is look after by their care taker Mr. Pravin Velji Shah. It is contended that plaintiff obtained Ex-parte decree order and judgment fraudulently posing defendant Pravin Gada as a trespasser. Applicant came to know about the said order when bailiff visited suit premises on 15-01-2020 for serving notice dated 24-12-2019 of the E.A. No. 514/2019. Hence, immediately approached the court for setting aside order and Ex-parte decree being by way of E.A. attempt has made to extort money by obtaining decree for obtaining godown No.01. Hence, prayed to allow the Notice of Motion and set aside Ex-parte order.
Hence, from these original documents it appears that Maneklal D. Shah and after his death Haresh and Shailesh Maneklal Shah are in possession of the godown No.01, hence, I am inclined to set aside order/ Judgment Ex-aparte decree as original plaintiff / Decree Holder failed to contest the Notice of Motion since last 05 yrs and chose not to file reply for the best reason known to him/ trust already E.A. No.514/2019 came to be dismissed on 04-04-2026 hence, I proceed to pass following order-
1. Notice of Motion is allowed.
2. Ex-parte order/ Judgment and decree dated 27-06-2019 in Suit No. 4073/2009 is quashed and set aside.
3. Suit No. 4073/2009 is restored to the stage of filing written statement by present third party intervenor who shall appear before Trial Court on 15-04-2026 and file his written statement without fail on that day for further trial of the suit after framing of the issues.
4. Plaintiff shall amend the suit by incorporating name of the applicant as original defendant by taking out appropriate proceeding in accordance with the law on 15-04-2026 without fail else it would be deemed that plaintiff is not interested in prosecuting the suit against/ applicant/ third party/ intervenor.
5. Notice of Motion is disposed off accordingly.
6. Call R and P from main branch by written of post with special messenger before 15-04-2026.
Nature Of Disposal: ALLOWED
Disposal Date: 06-04-2026