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NOTICE OF MOTION

Xavier Thomas - Suit Stamp No. 11872/2017VsBoard of Directors of State Bank of India and Ors.

CNR MHCC01002438201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 05th November 2019

TrustJury record updated 09 Sept 2026

Case Overview

Registration Number
100633/2018
Registration Date
16 Feb 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Bombay Tenancy and Agricultural Land (Vidarbha Region and Kutch Area) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 16-02-2018
    Business: Adv. Mathew for plff present.
    Registered NM no.633/18 tendered by plff.
    No service affidavit tendered by plff.
    Plff submitted that notice be issued by Court to deft. Therefore following order.
    ORDER
    Issue notice to defendant as to why relief prayed in NM should not be granted against him.
    On request of plff personal service is allowed.
    Adj to 07.03.2018 for service and reply on NM.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 07-03-2018
    
    Date: 07-03-2018
    Business: Both parties and Adv. are absent.
    K.B.
    L.O. at 11.30am.
    Adv. Parmar for plff present.
    Adv. Masurkar for Deft no.4 to 6 present.
    On oral request of Adv. Parmar keep back for arguments.
    K.B.
    L.O. at 12 noon.
    Adv. Parmar for plff present.
    Adv. Masurkar for Deft.no.4 to 6 present.
    On oral request of Adv. Parmar keep back for arguments.
    K.B.
    L.O. at 1.05pm.
    Adv. Parmar for plff present.
    Adv. Masurkar for Deft.no.4 to 6 present.
    No argument on behalf of plff.
    NM to proceed without argument with liberty to file written arguments.
    Adj for order on NM to 31.03.2018.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 31-03-2018
    
    Date: 31-03-2018
    Business: Court is on leave.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 05-04-2018
    
    Date: 05-04-2018
    Business: Adv. Kashmira for plff present.
    Adv. Dinesh for deft.no.4 to 6 present.
    Ex. V/n filed by deft.no.4 to 6.
    Ex. Service affidavit by plff.
    Service affidavit transpired that service is completed against deft.nos.1,2,5,7,8,12 to 14.
    K.B.
    L.O.
    Perusal of R and P shows that ad-interim relief is not granted by this Court. Therefore the NM is required to be decided on merit. Therefore plff is directed to serve the NM on deft.no.3,4,6,9 to 11 and 15,16. Thereafter it will be decided on merit.
    Adj for service of NM on  deft.no.3,4,6,9 to 11 and 15,16 and reply of deft.no.1,2,5,7,8,12 to 14 on NM to 25.04.2018.
    Next Purpose: SERVICE
    Next Hearing Date: 25-04-2018
    
    Date: 25-04-2018
    Business: Both parties and Adv. are absent.
    K.B.
    L.O.
    Adv. Kashmira Sayyed for plff present.
    Adv. Pavitra for deft nos.4 to 6 present.
    By consent of plff adj to 07.06.2018 for service.
    Next Purpose: SERVICE
    Next Hearing Date: 07-06-2018
    
    Date: 07-06-2018
    Business: Adv. for pltff  absent.
    Adv.  Dinesh Masoorkar for respdt. no. 4 to 6 present.
    He submits that he requires time to file reply to N/M
    Pltff. is directed to remove the office objection.
    Matter adjd to 21.6.2018 for reply of N/M.
    Next Purpose: REPLY
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 05-07-2018
    
    Date: 05-07-2018
    Business: Adv. D\''silva for pltff  present.
    Adv. Dinesh Masoorkar for deft. present.
    Pltff is directed to remove office objection till next date.
    Matter adjd to 23.7.2018 for reply and hearing.
    Next Purpose: REPLY
    Next Hearing Date: 23-07-2018
    
    Date: 23-07-2018
    Business: Both the parties and adv absent.
    L.O.
    Adv. Kavita Manish for deft. no. 4 to 6 present.
    Matter adjd to 10.9.2018 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Adv. for pltff  absent.
    Adv. Dinesh Massorkar for deft. no. 4 to 6  present.
    Matter adjd to 4.10.2018  for reply.
    Next Purpose: REPLY
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv. Mahamuni for pltff  present.
    Adv. Dinesh Massorkar for deft. no. 4 to 6 present.
    Matter adjd to 5.12.2018 for reply
    Next Purpose: REPLY
    Next Hearing Date: 05-12-2018
    
    Date: 05-12-2018
    Business: Adv.  Mahamuni  for pltff  present.
    Adv. for deft. absent.
    Matter adjd to 30.1.2019 for reply.
    Next Purpose: REPLY
    Next Hearing Date: 30-01-2019
    
    Date: 30-01-2019
    Business: Adv. Shashikala Mahamuni  for pltff  present.
    Adv. Dinesh Masurkar  for deft. 4 to 6  present.
    Adv. for deft no. 4 to 6  tendered reply to N/M no. 633/18.
    Draft N/M tendered by deft no. 4 to 6
    Order -leave is granted for registration.
    Matter adjd to 8.3.2019 for N/M hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2019
    
    Date: 08-03-2019
    Business: Court is on leave
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-04-2019
    
    Date: 26-04-2019
    Business: None present.
    Matter is adjd.for NM on 11.07.2019.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 11-07-2019
    
    Date: 11-07-2019
    Business: None for plaintiff present.
    Adv. Mr. Sunil Karaut for deft nos. 4 to 6 present, submits that he is ready for argument, However, plff is avoiding to argue, suit is not tenable before this court.
    Plff to note to argue positively on next date.
    Matter is adjd. for NM argument on 16.08.2019.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 16-08-2019
    
    Date: 16-08-2019
    Business: Court is on Judicial Training
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: None for plaintiff present.
    Adv. Mr. Sunil Karot for defendant nos. 4 and 6 present.
    IT is to note that suit is still on stamp no. since 2017.  Plff to take appropriate steps to register the suit on or before 05.11.2019, otherwise suit will automatically dismissed without specific order.
    Matter is adjd. for dismissal on 05.11.2019.
    Next Purpose: DISMISSAL
    Next Hearing Date: 05-11-2019
    
    Date: 05-11-2019
    Business: None for plaintiff present.
    Adv. Mr. Sunil Karot for defendant present.
    NM no. 937/19 is disposed (which is not tendered by deft. despite registration).
    Heard argument of deft.
    F.R.S.R. following order is passed on NM no. 633/18.
                                  ORDER
    1. Suit before registration along-with NM no. 633/18 stands dismissed.
    2. NM no. 633/18 is disposed of accordingly.
    3. Suit be registered for statistical and record room purpose.
    Nature Of Disposal: DISMISSED
    Disposal Date: 05-11-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 102738/2018
    Filing Date: 16-02-2018
    First Hearing Date: 16th February 2018
    Decision Date: 05th November 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    05 Nov 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 633/18 in Stamp No. 11872/17. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 633 OF 2018 (CNR NO. MHCC010024382018) IN STAMP NO. 11872 OF 2017 Xavier Thomas ...Applicant (Original Plaintiff) Versus Board of Directors of State Bank of India ...Respondents and Others (Original Defendants) CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 5th NOVEMBER, 2019. Ms. Rohini M. Amin, Advocate for Plaintiff. Mr. Sunil Karot, Advocate…

    Read Full Order
    Order 1Full order available
    05 Nov 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 633/18 in Stamp No. 11872/17. 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 633 OF 2018 (CNR NO. MHCC010024382018) IN STAMP NO. 11872 OF 2017 Xavier Thomas ...Applicant (Original Plaintiff) Versus Board of Directors of State Bank of India ...Respondents and Others (Original Defendants) CORAM : SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 5th NOVEMBER, 2019. Ms. Rohini M. Amin, Advocate for Plaintiff. Mr. Sunil Karot, Advocate…

    Read Full Order

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