Skip to main content
MISC APPEAL

Shyamkant Yashwant MalkarVsMCGM +2 more

CNR MHCC01002998201919-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 25th January 2023

TrustJury record updated 19 Sept 2026

Case Overview

Registration Number
100108/2019
Registration Date
20 Mar 2019

Advocates

2

For Petitioner

For Respondent

Parties

4

Acts & Sections

1
Terrorist and Disruptive and Activities (Prevention) Act · Sec 105B

Case History / Proceedings

Case History
Date: 25-03-2019
Business: Adv. Anish Adval I/b Adv. Rajiv Deokar for appellant present. Appeal is admitted.
Adv. A.V. Divate for respondent present.
Heard the Ld. adv. for appellant as well as Ld. adv. for respondent.  It appears that the appeal is filed against the notice relating to the order which, according to the Ld. adv. for respondent has been passed with reasons. The appellant does not to have obtained that reason order by making necessary application to the respondent. He is at liberty to get the said order and make necessary application for carrying out amendment in the appeal. Hence the Matter is adjd. to. 15.04.2019 for hearing on stay application which is set to have been filed but is in the process of the registration.
Next Purpose: HEARING
Next Hearing Date: 15-04-2019

Date: 15-04-2019
Business: R and P not before the court.
Appellant and his adv. absent.
Respondents representative present.
Matter is adjd. to. 20.06.2019 for hearing.
Judge
Next Purpose: HEARING
Next Hearing Date: 20-06-2019

Date: 20-06-2019
Business: Adv. for appellant present and has filed draft Ch/S alongwith affidavit and sought to register it. TOR. Leave granted to register it.
Adv. Diwte for respondent present.
As court is busy in detection in High court time bound appeals 114/19 to 130/19.
Matter is adjd. to. 24/07/2019 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 24-07-2019

Date: 24-07-2019
Business: Adv. Mr. Deokar for Appellant present.
Adv. Mr. Divate for MCGM present.
Rent Supervisor Mrs. Parab present.
Chamber Summons filed by Advocate for the Appellant with Affidavit in support alongwith Affidavit of Service.  t.o.r.
O Other side to say.
Matter adj. to 20/09/2019 for Ch/s. Reply.
Next Purpose: C/S REPLY
Next Hearing Date: 20-09-2019

Date: 20-09-2019
Business: Appellant present.
Adv. Mr. Rajiv Deokar for Appellant present.
Adv. Mr. Diwate for Respondent/MCGM present.
Matter adj. to 17/10/2019 for Hearing.
Next Purpose: C/S REPLY
Next Hearing Date: 17-10-2019

Date: 17-10-2019
Business: Adv. Rajiv Deokar for appellant present.
Adv. Divte for respondent/MCGM present.
KB
FRSR following order is passed on Ch/s No.1129/19.
                                O R D E R
1. The Chamber Summons No. 1129 of 2019 is hereby allowed in terms of prayer clause (a), and the appellant is permitted to carry out the amendment as per schedule annexed to the Chamber Summons in main appeal, within the stipulated period.
2. No order as to costs.
3. Chamber Summons stands disposed of accordingly.
Adjd for Compliance and Hearing to 19.12.2019.
Next Purpose: C/S REPLY
Next Hearing Date: 19-12-2019

Date: 19-12-2019
Business: (Matter received from C.R. No.54 as assigned to this Court.)
Appellant is present.
Advocate for appellant is absent.
Adv. A. V. Diwate for respondent/BMC is present.
Respondent is directed to file R and P.
At the request of appellant, adjourned to 08.01.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-01-2020

Date: 08-01-2020
Business: Appellant is present.
Adv. Rajiv Deokar for appellant is present and seeks leave to register Notice of Motion. O - Leave granted to register NM.
Adv. A. V. Diwate for respondent is present.
Appellant to take steps to register N/M and be served accordingly.
Awaiting R and P.
Adjourned to 17.01.2020 for N/M and R and P.
Next Purpose: NOTICE OF MOTION
Next Hearing Date: 17-01-2020

Date: 17-01-2020
Business: Adv. M. K Sharma i/b Adv. Rajiv Deokar for appellant is present and filed registered Notice of Motion No.123/2020.
Adv. A. V. Diwate for respondent is present and orally objected notice of motion.
R and P filed by the respondent.
Copy of R and P supplied to other side.
Heard both the sides on Notice of Motion.
F.R.S.R. Following order is passed on N/M No.123/2020
ORDER
1. Notice of Motion No.123 of 2020 is allowed.
2. Applicant be carried out amendment within two weeks.
3. Copy of amended appeal be served to respondents.
Adjourned to 01.02.2020 for Compliance.
Next Purpose: COMPLIANCE
Next Hearing Date: 01-02-2020

Date: 01-02-2020
Business: Adv. Rajiv Matkar for appellant is present.
Adv. A. V. Diwate for respondent is present.
At the request of advocate for appellant, adjourned to 11.03.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 11-03-2020

Date: 11-03-2020
Business: Appellant is present.
Advocate for appellant is absent.
Adv. A. V. Diwate for respondent is present.
Exh.3 - Appellant filed adjournment application. TOR.
O - Allowed on condition mentioned in the application.
Adjourned to 03.04.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 03-04-2020

Date: 03-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 17-04-2020

Date: 17-04-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 28-05-2020

Date: 28-05-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 15-06-2020

Date: 15-06-2020
Reason For Adjournment: National Lock Down
Next Purpose: HEARING
Next Hearing Date: 07-07-2020

Date: 07-07-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 03-08-2020

Date: 03-08-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 02-09-2020

Date: 02-09-2020
Reason For Adjournment: Adjourned due to Covid-19
Next Purpose: HEARING
Next Hearing Date: 28-09-2020

Date: 28-09-2020
Business: None present for appellant.
Adv. A.V.Diwate for respondent present.
Adjourned to 21.10.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 21-10-2020

Date: 21-10-2020
Business: Both sides absent.
Due to COVID-19 adjourned to 23.11.2020 for hearing.
Next Purpose: HEARING
Next Hearing Date: 23-11-2020

Date: 23-11-2020
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Adjourned to 16.12.2020 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 16-12-2020

Date: 16-12-2020
Business: Appellant is present.
Advocate for appellant is absent.
Adv. A. V. Diwate for respondent is present.
Adjourned to 18.01.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 18-01-2021

Date: 18-01-2021
Business: Appellant is present.
Advocate for appellant absent.
Adv. A. V. Diwate for respondent/BMC is present.
Since advocate for appellant is absent, lastly adjourned to 08.03.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 08-03-2021

Date: 08-03-2021
Business: None present for appellant.
Adv. A. V. Diwate for respondent/BMC is present.
Since nobody appears for the appellant, by way of last opportunity, matter adjourned to 27.04.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 27-04-2021

Date: 27-04-2021
Business: None present for appellant.
None present for respondent.
Due to COVID-19, matter adjourned to 21.06.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 21-06-2021

Date: 21-06-2021
Business: None present for appellant.
Adv. Mrs. R. M. Hazare for respondent/BMC is present.
Adjourned to 07.07.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 07-07-2021

Date: 07-07-2021
Business: None present for the parties.
Due to COVID-19, adjourned to 29.07.2021 for Hearing.
Next Purpose: HEARING
Next Hearing Date: 29-07-2021

Date: 29-07-2021
Business: None present for the appellant.
Adv. Mrs. R. M. Hazare for the respondent/MCGM is present.
Due to COVID-19, adjourned to 23.08.2021 for arguments.
Next Purpose: HEARING
Next Hearing Date: 23-08-2021

Date: 23-08-2021
Business: Adv. Rajiv Deokar for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
By consent, matter adjourned to 06.09.2021 for Arguments by way of last opportunity.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-09-2021

Date: 06-09-2021
Business: Adv. Rajiv Deokar for appellant is present.
Adv. Ruhi Hajre for respondent/BMC is present.
Ld. counsel for appellant submits that the counsel who is appearing in the matter got stuck out of Mumbai. Again by way of last opportunity, matter adjourned to 08.10.2021 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 08-10-2021

Date: 08-10-2021
Business: Appellant is present.
Ld. counsle Mr. Dharmesh Vyas a/w Adv. Som Sinha and Adv. Ruhi Hajare for respondent present.
Appellant files adjournment application. TOR and marked as Exh.4.
Again an application is filed that the advocate is unable to appear because of personal difficulty. In fact several opportunities are given in the matter, even as and by way of last opportunity on at least three occasions. As such application (Exh.4) is rejected. Matter is adjourned for order of dismissal.
Adjourned to 26.10.2021 for Order of Dismissal.
Next Purpose: DISMISSAL
Next Hearing Date: 26-10-2021

Date: 26-10-2021
Business: Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
After substantially arguing the appeal Ld. counsel for appellant submits that he is unable to locate certain documents and as such seeks time. Adjourned to 16.11.2021 for Further Arguments of Appellant. It is made clear that if on next date appellant does not continue the arguments, appropriate order of dismissal may be passed.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 16-11-2021

Date: 16-11-2021
Business: Adv. Rajiv Deokar for appellant is present.
Adv. Ruhi Hajare for respondent is present.
Advocate for appellant files adjournment application. TOR and marked as Exh.5.
Since request is made on medical ground of advocate of appellant by way of last opportunity, adjourned to 03.12.2021 for Further Arguments of Appellant. Both side agree to submit their written submissions on next date.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 03-12-2021

Date: 03-12-2021
Business: Appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
Kept back.
L.O.
Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
Advocate for applicant files adjournment application. TOR and marked as Exh.6. Considering personal reason. Respondent has no objection. Hence adjourned.
By consent, adjourned to 06.01.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 06-01-2022

Date: 06-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
Kept back.
L.O.
Appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
At the request of appellant, adjourned to 27.01.2022 for Arguments.
Earlier order, if any, to continue till next date.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-01-2022

Date: 27-01-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 07.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 07-02-2022

Date: 07-02-2022
Business: None present for appellant.
Adv. Ruhi Hajare for respondent is present.
Adjourned on 21.02.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 21-02-2022

Date: 21-02-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Appellant and advocate absent.
Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 11.03.2022 for Arguments.
L.O.
Adv. Rajiv Deokar for appellant is present.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-03-2022

Date: 11-03-2022
Business: COURT IS ON LEAVE TODAY.
Appellant is present.
Adv. Krisha Dedhia h/f Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 11.04.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 11-04-2022

Date: 11-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC is present.
KB
Later on
Adv. Rajiv Deokar for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Appellants advocate submitted that he want to file written argument. Ld. advocate is directed to file the written argument on next date and furnish the copy of the same in advocate to the advocate for respondent.
Adjourned 28.04.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 28-04-2022

Date: 28-04-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. U. S. JOSHI-PHALKE (C.R. NO.19)
Adv. Rajiv Deokar for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Appellant files application. TOR and marked as Exh.7.
O - Other side to say.
Appellant has filed an application for remanding back the matter to the Estate Officer. Subsequently said application is not pressed. Hence application (Exh7) is disposed off accordingly.
Appellant seeks time to file written submissions.
Adjourned on 09.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-06-2022

Date: 09-06-2022
Business: COURT IS VACANT.
Appellant is present.
Advocate for appellant is absent.
Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 27.06.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 27-06-2022

Date: 27-06-2022
Business: COURT IS ON LEAVE.
Appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 20.07.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 20-07-2022

Date: 20-07-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia, Adv. Som Sinha and Adv. Ruhi Hajare for respondent/BMC is present.
KB
L.O. at 12.10pm.
Appellant is present.
Adv. Rajiv Deokar for appellant is present.
Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 12.08.2022 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 12-08-2022

Date: 12-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Appellant and advocate absent.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Vidya Vyavhare for respondent/BMC present.
KB
L.O. at 12.45pm.
Adv. Rajiv Deokar for appellant present.
Adv. Vidya Vyavhare for respondent/BMC present.
Appellant seeks time to file written notes of arguments. Time granted as a last chance.
Adjourned on 30.08.2022 for filing written notes of Arguments.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 30-08-2022

Date: 30-08-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Appellant and advocate absent.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Vidya Vyavhare for respondent/BMC present.
KB
L.O. at 12.20pm.
Appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia and Adv. Vidya Vyavhare for respondent/BMC present.
It is submitted that advocate of appellant is out of Mumbai and unable to attend the court today, hence again by way of last chance matter is adjourned.
Adjourned on 08.09.2022 for filing written notes of arguments.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 08-09-2022

Date: 08-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Appellant is present.
Adv. Sachin Padaye h/f Adv. Rajiv Deokar for appellant present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Krisha Dedhia for respondent/BMC present.
Advocate is absent. The junior has requested for time to file written notes of arguments. Since last 2 dates last chance was granted. The appellant has not filed the written notes of arguments and today again requested for adjournment. Adjournment granted subject to cost of Rs.1,000/- and kept on 19.09.2022 for filing Written Notes of Arguments and Hearing.
Next Purpose: WRITTEN STATEMENT
Next Hearing Date: 19-09-2022

Date: 19-09-2022
Business: CORAM - HER HONOUR THE PRINCIPAL JUDGE,
SMT. VRUSHALI. V. JOSHI (C.R. NO.19)
Appellant and advocate absent.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare and Adv. Krisha Dedhia for respondent/BMC present.
KB
L.O. 11.55am.
Appellant is present.
Adv. Rajiv Deokar for appellant present.
Adv. Ruhi Hajare for respondent/BMC present.
Counsel for appellant filed draft chamber summons for producing additional evidence under order 41, rule 27 of CPC.
Chamber summons be registered. Draft copy served to other side. Other side to file reply on chamber summons.
He also filed application requesting for time to file written notes of arguments. TOR and marked as Exh.8.
Counsel for respondent/BMC recorded reply on application itself.
Adjourned on 10.10.2022 for C/S Reply and Hearing on Exh.8.
Next Purpose: C/S REPLY
Next Hearing Date: 10-10-2022

Date: 10-10-2022
Business: COURT IS VACANT.
Appellant is present.
Advocate for appellant absent.
Adv. Ruhi Hajare for respondent/BMC is present.
Adjourned on 02.11.2022 for Reply on C/S and Hearing on Exh.8.
Next Purpose: C/S REPLY
Next Hearing Date: 02-11-2022

Date: 02-11-2022
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Rajiv Deokar for appellant is present and tendered registered chamber summons No.1545 of 2022. TOR.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Ruhi Hajare for respondent/BMC present and filed reply to chamber summons. It is taken on record.
Heard both sides on Chamber Summons.
F.R.S.R. Following order is passed.
ORDER
Present chamber summons is placed with final hearing of the appeal.
Adjourned on 09.12.2022 for Final Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 09-12-2022

Date: 09-12-2022
Business: HHPJ HAS GONE TO NAGPUR BEING NOMINATED BY THE MAIN MEDIATION CENTRE, HIGH COURT, BOMBAY SCHEDULED ON 10.12.2022 FOR REGIONAL CONFERENCE ON MEDIATION.
Appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Vidya Vyavhare for respondent/BMC is present.
Adjourned on 10.01.2023 for Arguments.
Next Purpose: ARGUMENTS
Next Hearing Date: 10-01-2023

Date: 10-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Appellant is present.
Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
Heard final arguments of Adv. Deokar for appellant.
Also heard final arguments of Ld. counsel Mr. Vyas for respondent.
Parties intend to file short synopsis of notes of arguments and rulings. By consent, adjourned to 17.01.2023. It is clarified that if such notes and citations are not filed matter will be posted for judgment.
Adjourned on 17.01.2023 for Reply Arguments, if any.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-01-2023

Date: 10-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Appellant is present.
Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present.
Heard final arguments of Adv. Deokar for appellant.
Also heard final arguments of Ld. counsel Mr. Vyas for respondent.
Parties intend to file short synopsis of notes of arguments and rulings. By consent, adjourned to 17.01.2023. It is clarified that if such notes and citations are not filed matter will be posted for judgment.
Adjourned on 17.01.2023 for Reply Arguments, if any.
Next Purpose: ARGUMENT P.H.
Next Hearing Date: 17-01-2023

Date: 17-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present and filed written notes of arguments. TOR and marked as Exh.9.
KB
L.O. at 12.10pm.
Adv. Rajiv Deokar for appellant is present.
Adv. Gajanan Giri for respondent is present.
Copy of Exh.9 served to other side.
Advocate for appellant filed adjournment application. TOR and marked as Exh.10. Matter is already argued. Application Exh.10 is rejected.
Adjourned on 18.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-01-2023

Date: 17-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
None present for appellant.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC is present and filed written notes of arguments. TOR and marked as Exh.9.
KB
L.O. at 12.10pm.
Adv. Rajiv Deokar for appellant is present.
Adv. Gajanan Giri for respondent is present.
Copy of Exh.9 served to other side.
Advocate for appellant filed adjournment application. TOR and marked as Exh.10. Matter is already argued. Application Exh.10 is rejected.
Adjourned on 18.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 18-01-2023

Date: 18-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
Counsel for appellant filed written notes of arguments. TOR and marked as Exh.11.
Copy served to other side.
Adjourned on 24.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-01-2023

Date: 18-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas for respondent/BMC is present.
Counsel for appellant filed written notes of arguments. TOR and marked as Exh.11.
Copy served to other side.
Adjourned on 24.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 24-01-2023

Date: 24-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Rajiv Deokar for appellant is present.
Adv. Gajanan Giri for respondent/BMC is present.
Adjourned on 25.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-01-2023

Date: 24-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Adv. Rajiv Deokar for appellant is present.
Adv. Gajanan Giri for respondent/BMC is present.
Adjourned on 25.01.2023 for Judgment.
Next Purpose: JUDGMENT
Next Hearing Date: 25-01-2023

Date: 25-01-2023
Business: CORAM - HIS HONOUR THE PRINCIPAL JUDGE,
SHRI. A. SUBRAMANIAM (C.R. NO.19)
Appellant is present.
Adv. Rajiv Deokar for appellant is present.
Ld. counsel Mr. Dharmesh Vyas a/w Adv. Gajanan Giri for respondent/BMC present.
Judgment is pronounced in open court.
Exh.12 - Judgment.
F.R.S.R. Following order is passed.
ORDER
1. Misc. Appeal No.108 of 2019 is dismissed.
2. The appellant is granted time to vacate the premises by 31/03/2023 subject to filing of undertaking that he physically is in occupation of the premises and that he will not create any 3rd party interest therein and further that he will honour the order passed.
3. An undertaking to be filed within 3 weeks failing which the order will be liable to be executed forthwith.
4. In view of disposal of Appeal, pending Stay Application Exh.2 is disposed of accordingly.
5. Record and Proceedings be sent back to Respondent No.1.
Nature Of Disposal: DISMISSED
Disposal Date: 25-01-2023

Additional Case Details

Additional Case Details
Filing Number: 103254/2019
Filing Date: 15-03-2019
First Hearing Date: 25th March 2019
Decision Date: 25th January 2023
Court Number And Judge: 19-COURT 19 PRINCIPAL JUDGE CITY CIVIL AND SESSIONS COURT

Orders

5
Final Order 3Full order available
25 Jan 2023

Order Details: Copy of Judgment Pdf Text: MHCC010029982019 Received on : 15.03.2019 Registered on : 20.03.2019 Decided on : 25.01.2023 Duration : Y03:M10:D10: Exhibit : IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY MISC.APPEAL NO.108 OF 2019 Shyamkant Yashwant Malkar, Aged : 50 years, Occ.: Service, R/at: Room NO.5, Chawl No.D8, Ground Floor, S.G.Barve Nagar, Ghatkopar(W), Mumbai400 084. … Appellant Versus 1. The Municipal Corporation of Gr.Mumbai, a statutory body incorporated under the Mumbai Municipal Corporation Act,…

Read Full Order
Interim Order 2Full order available
17 Jan 2020

Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.123 OF 2020 (CNR No.MHCC010003232020) IN CHAMBER SUMMONS NO.1129 OF 2019 IN MISC APPEAL NO.108 OF 2019 Shyamkant Yashwant Malkar ….. Applicant. V/s The Municipal Corporation of Grater Mumbai & Ors. ….. Respondents. CORAM : H. H. THE PRINCIPAL JUDGE, SHRI M. W. CHANDWANI, COURT ROOM NO.19 DATE : 17th January, 2020. Appearance: Adv. M. K. Sharma I/b Adv. Rajiv Deokar for…

Read Full Order
Interim Order 1Full order available
17 Oct 2019

Order Details: Chamber summons Pdf Text: CNR NO. MHCC010062912019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 1129 OF 2019 IN MISCELLANEOUS APPEAL NO. 108 OF 2019 Shyamkant Yashwant Malkar ...Appellant. V/s. The Municipal Corporation of Greater Mumbai & Ors. ...Respondents. APPEARANCES: Learned Adv. Mr. Rajiv Deokar for appellant. Learned Adv. Mr. A.V. Diwate for respondents/MCGM. CORAM : HIS HONOUR JUDGE SHRI SANDIPKUMAR C. MORE (C.R.No.04) DATED : 17th October, 2019. : ORAL ORDER : The appellant…

Read Full Order
Order 2Full order available
17 Jan 2020

Order Details: Notice of Motion Pdf Text: IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO.123 OF 2020 (CNR No.MHCC010003232020) IN CHAMBER SUMMONS NO.1129 OF 2019 IN MISC APPEAL NO.108 OF 2019 Shyamkant Yashwant Malkar ….. Applicant. V/s The Municipal Corporation of Grater Mumbai & Ors. ….. Respondents. CORAM : H. H. THE PRINCIPAL JUDGE, SHRI M. W. CHANDWANI, COURT ROOM NO.19 DATE : 17th January, 2020. Appearance: Adv. M. K. Sharma I/b Adv. Rajiv Deokar for…

Read Full Order
Order 1Full order available
17 Oct 2019

Order Details: Chamber summons Pdf Text: CNR NO. MHCC010062912019 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY CHAMBER SUMMONS NO. 1129 OF 2019 IN MISCELLANEOUS APPEAL NO. 108 OF 2019 Shyamkant Yashwant Malkar ...Appellant. V/s. The Municipal Corporation of Greater Mumbai & Ors. ...Respondents. APPEARANCES: Learned Adv. Mr. Rajiv Deokar for appellant. Learned Adv. Mr. A.V. Diwate for respondents/MCGM. CORAM : HIS HONOUR JUDGE SHRI SANDIPKUMAR C. MORE (C.R.No.04) DATED : 17th October, 2019. : ORAL ORDER : The appellant…

Read Full Order

TrustJury presents public court-record information for legal discovery and reference. Record availability and detail can vary by source and case.