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MISC APPEAL

Sheetal JadhavVsAdmiral Superintendent

CNR MHCC01002708201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 21st January 2021

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100102/2019
Registration Date
14 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

2

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: 15-03-2019
Business: Adv. Sangram Chillap for appellant present and has filed Misc application for stay. t.o.r. Copies served on the respondent.
Adv. for respondent present.
Heard the Ld. adv. for appellant and Ld. adv. for respondent on ad-interim stay. The Ld. adv. for respondent has opposed the application and the request for grant ad-interim stay on the ground that the respondent has to file reply and allotment of the premises was only for 1 year and that period has expired on 20.05.2018. He has also submitted that appellant has not  produced the non availability certificate within stipulated period. He has also submitted that there is separate pool of accommodation where the appellant can be accommodated but she has not applied their.  The Ld. adv. for appellant has submitted that Misc Application may be directed to be registered and till filing of the reply the ad-interim protection may be granted against the impugned order. Considering that the aforesaid submission for the Ld adv. for respondent can be dealt with only after the reply is filed and at this stage the ad-interim stay may be granted to preserve the status quo till decision on the stay application, it is directed that there shall be ad-interim stay of the impugned order till next date. The stay application be registered as Misc Application. Matter is adjd. to. 25.04.2019  for reply of the respondent on the stay application.
Next Purpose: REPLY
Next Hearing Date: 25-04-2019

Date: 25-04-2019
Business: Adv for plff present.
Adv for deft present.
Matter is adjd. to 11/07/2019  for Reply.
E.O. to continue till next date.
Next Purpose: REPLY
Next Hearing Date: 11-07-2019

Date: 11-07-2019
Business: Court is on leave
Next Purpose: REPLY
Next Hearing Date: 17-09-2019

Date: 17-09-2019
Next Purpose: REPLY
Next Hearing Date: 14-10-2019

Date: 14-10-2019
Business: Adv. Sangram Chinnapa for appellant present.
Adv. Radij for respondent present.
Advocate for respondent filed reply to main appeal. TOR.
Copy served to other side.
Matter is adjd. to. 27/11/2019 for Final Hearing.
Next Purpose: HEARING
Next Hearing Date: 27-11-2019

Date: 27-11-2019
Business: Adv. Sangram Chinappa for appellant present.
Adv. Kunal for respondent present.
By consent and convenience of parties, adjd for final hearing to 17.01.2020.
Earlier Order, if any, to continue till the next date.
Next Purpose: HEARING
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. Sangram Chinnappa for appellant is present and filed affidavit in rejoinder to the reply of the respondent. TOR and marked as Exh.3.
Adv. Kunal Thakker i/b Adv. Shriram Redij for respondent is present.
It appears that R and P has not been filed.
At the request of advocate for respondent, adjourned to 30.01.2020 for R and P.
Earlier order, if any, to continue till next date.
Next Purpose: AWAITING R AND P
Next Hearing Date: 30-01-2020

Date: 30-01-2020
Business: Adv. Sangram Chinappa for appellant is present.
Advocate for respondent is present.
Mr.Siddhesh Samant, representative of respondent is present and seeks time to file R and P.
Adjourned to 10.02.2020 for R and P.
Earlier order, if any, to continue till next date.
Later on
Adv. Shyam Horambe i/b Adv. Shriram Redij for respondent is present.
Next Purpose: AWAITING R AND P
Next Hearing Date: 10-02-2020

Date: 10-02-2020
Business: Adv. Sangram Chinnappa for appellant is present.
Adv. Shriram Redij for respondent is present.
Photocopy of R and P filed by advocate for respondent.
Copy of R and P served to other side.
Adjourned to 24.02.2020 for Hearing.
Earlier order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 24-02-2020

Date: 24-02-2020
Business: None present for appellant.
Adv. Shyam Horambe h/f Adv. Shriram Redij for respondent is present and submits that appearing advocate is not feeling well and seeks adjournment.
On oral request of advocate for respondent, adjourned to 17.03.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 17-03-2020

Date: 17-03-2020
Business: None present for appellant.
Adv. Kunal Thakkar h/f Adv. Shriram Redij for respondent is present.
Adjourned to 09.04.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 09-04-2020

Date: 09-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 21-04-2020

Date: 21-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 01-06-2020

Date: 01-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-06-2020

Date: 18-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 18-07-2020

Date: 18-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 20-08-2020

Date: 20-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 17-09-2020

Date: 17-09-2020
Business: Due to Covid-19, both parties are absent, hence adjourned to 12.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 12-10-2020

Date: 12-10-2020
Business: None present for appellant.
Adv. Shyam Horambe I/b Shriram Redij for respondent present.
Adjourned to 02.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 02-11-2020

Date: 02-11-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 04.12.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 04-12-2020

Date: 04-12-2020
Business: None present for appellant.
Adv. Shreeram Redij for respondent present.
Adjourned to 19.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 19-12-2020

Date: 19-12-2020
Business: Adv. Sangram Chinnappa for appellant is present.
Adv. Shreeram Redij for respondent is present.
At the request of Ld. counsel for respondent, matter adjourned to 21.01.2021 for Hearing.
Interim order, if any, to continue till next date.
Next Purpose: HEARING
Next Hearing Date: 21-01-2021

Date: 21-01-2021
Business: Adv. Kartikeya Bahadur i/b Adv. Sangram Chinnappa for appellant is present.
Adv. Shreeram Redij for respondent is present.
Heard both the sides.
F.R.S.R. Following order is passed.
ORDER
1. Misc Appeal No.102 of 2019 is partly allowed.
2. Order passed by the Estate Officer on 28th February, 2019 is hereby set aside.
3. Matter is remanded back to the Estate Officer for giving opportunity of hearing to both the sides and for passing order in accordance with law and in the light of observations made hereinabove.
4. Record and Proceedings be returned to the respondent forthwith.
Nature Of Disposal: ALLOWED
Disposal Date: 21-01-2021

Additional Case Details

Additional Case Details
Filing Number: 102965/2019
Filing Date: 08-03-2019
First Hearing Date: 15th March 2019
Decision Date: 21st January 2021
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

1
Final Order 1Full order available
21 Jan 2021

Order Details: Copy of Judgment Pdf Text: Sheetal Jadhav Vs. Admiral Superintendent Received on : 08.03.2019 Registered on : 14.03.2019 Decided on : 21.01.2021 Duration : Y M D 01 10 13 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY Miscellaneous Civil Appeal No.102 of 2019 (CNR No. MHCC01-002708-2019) Sheetal Jadhav Age: 29 years Occ: Service Residing at Qtr. No. 45/08 NCH Colony, (Powai) Mumbai – 400 076 ..Appellant Versus Admiral Superintendent Estate Manager/Estate Officer Naval Dockyard, Mumbai 400 023…

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