NOTICE OF MOTION
The Himalayan ClubVsApplicant - Mr. Kanwar B. Singh
CNR MHCC0100306720183-COURT 03 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Uncontested--OTHERWISE
Decision Date: 03rd August 2022
TrustJury record updated 10 Sept 2026
Case Overview
- Registration Number
- 100894/2018
- Registration Date
- 03 Mar 2018
Advocates
1For Petitioner
Not available
For Respondent
Parties
2Petitioner
Respondent
Acts & Sections
1Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9
Case History / Proceedings
Case History
Date: 16-03-2018 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 16-04-2018 Date: 16-04-2018 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 04-06-2018 Date: 04-06-2018 Reason For Adjournment: court time is over Next Purpose: HEARING ON PRELMINARY ISSUE Next Hearing Date: 04-07-2018 Date: 04-07-2018 Reason For Adjournment: court time is over Next Purpose: NM FOR HEARING Next Hearing Date: 27-08-2018 Date: 27-08-2018 Business: Matter is adjd. to 29.10.2018 for hearing on N/M No.3682/17, 284/18, and 894/18 / W/S. Next Purpose: NM FOR HEARING Next Hearing Date: 29-10-2018 Date: 29-10-2018 Business: Adv. for plff. present. Adv. for D/4 present. Adv. for D/4 filed filed draft NM alongwith affidavit and sought to register it. TOR. Leave granted to register it. Copy served to adv. of plff. Adv. for plff. filed draft Ch/S alongwith affidavit and sought to register it. TOR. Leave granted to register it. Copy served to adv. of deft. Matter is adjd. to. 29.11.2018 for reply to draft N/M and reply to draft Ch/s and hearing on N/M No. 894/18. E.O. to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 29-11-2018 Date: 29-11-2018 Business: Adv. for pltff present. Adv. for deft present. Adv. of plft tendered registered Ch/s No. 2090/18. Order on Ch/s no. 2090/18. Heard the parties. Ch.s is for deleting D/4 and the consequential amendment in the plaint. The Chg/s is allowed in terms of prayed clause (a)and the plaintiff shall carry out amendment within two weeks and accordingly stand disposed off. Matter is adjd. to.13.02.2019 for compliance and hearing on pending N.M. of plaintiff. Time extended for registration of N.M of D/1 . earlier order of interim relief is extended till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 13-02-2019 Date: 13-02-2019 Business: Adv. for plff. present. Adv. for D/4 present and has filed registered N/M No.398/19 along with supporting affd. t.o.r Rest of the defts are absent. Time is extended for compliance. On request of Adv. for plff. Matter is adjd. to. 28.02.2019 for compliance and reply to N/M No.398/19 and 894/18. E.O. to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 28-02-2019 Date: 28-02-2019 Business: Adv. for plff. present. Adv. for deft. present. As court is busy in administrative work and other old matters, Matter is adjd. to. 02.04.2019 for report of service on amended plaint to the deft. and reply to N/M No.398/19 and 894/18. E.O. to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 02-04-2019 Date: 02-04-2019 Business: Matter is adjd. to.13.06.2019 hearing on N/M No. 894/18. E.O. to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 13-06-2019 Date: 13-06-2019 Business: As court busy in hearing time bound Misc appeal 114/19 to 130/19. Hence board is discharged. Matter is adjd. to. 12/07/2019 for NM Hearing. E.O. to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 12-07-2019 Date: 12-07-2019 Business: Matter is adjd. to. 16/08/2019 for Reply on deft no. 3 on Exh. 6. E.O. to continue till next date. Next Purpose: NOTICE OF MOTION Next Hearing Date: 16-08-2019 Date: 16-08-2019 Business: Court is vacant. Next Purpose: NOTICE OF MOTION Next Hearing Date: 01-10-2019 Date: 01-10-2019 Business: As court is vacant, hence board is discharge. Next Purpose: NOTICE OF MOTION Next Hearing Date: 22-11-2019 Date: 22-11-2019 Business: Now adjd for hearing on preliminary issues framed on 04.06.2018 by the earlier presiding officer to 20.12.2019. Earlier Order, if any, to continue till the next date. Next Purpose: NOTICE OF MOTION Next Hearing Date: 20-12-2019 Date: 20-12-2019 Business: Court is vacant. Next Purpose: NOTICE OF MOTION Next Hearing Date: 03-02-2020 Date: 03-02-2020 Business: Adv. Jeenal Gogari for plaintiff present. Adv. Manmohan Amonkar for defendant no. 1 present. Adv. Gaurav Mohanty for defendant no. 3 present and tendered affidavit None for other defendants. Partly Heard Arguments on preliminary issue Earlier order, if any, to continue till next date. Adjd to 10-02-2020 for further Hearing on preliminary issue and NM Reply Next Purpose: NOTICE OF MOTION Next Hearing Date: 10-02-2020 Date: 10-02-2020 Business: Adv. Jinal Gogari for plaintiff present. Adv. Manmohan Amonkar for defendant no. 1 present. None for other defendants. KB LO Court busy in other matters. Adj. 18-02-2020 for further arguments. Next Purpose: ARGUMENT P.H. Next Hearing Date: 18-02-2020 Date: 18-02-2020 Business: Adv. Purandare for plaintiff present. Adv. Amonkar for defendant no. 1 present Adv. Pillai for defendant no. 3 present. KB LO Adv. Amonkar for defendant no. 1 present and tendered affidavits in reply to NM No. 3860/17 and NM No. 3682/17. Copy served to other side. Heard both sides on NM Earlier order, if any, to continue till next date. Adjd to 04-03-2020 for NM Order . Next Purpose: NM ORDERS Next Hearing Date: 04-03-2020 Date: 04-03-2020 Reason For Adjournment: court time is over Next Purpose: NM ORDERS Next Hearing Date: 16-03-2020 Date: 16-03-2020 Business: (Matter received from CR No.4 as per order dt.14.03.2020) Adv. Jinal Gogri i/b Negandhi Shah and Himayattulah for plaintiff is present. Adv. Manmohan Amonkar for defendant No.1 is present. By consent, adjourned to 07.04.2020 at 11.00 am for Hearing on Preliminary Issue. Earlier order, if any, to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 07-04-2020 Date: 07-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 18-04-2020 Date: 18-04-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 29-05-2020 Date: 29-05-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 16-06-2020 Date: 16-06-2020 Reason For Adjournment: National Lock Down Next Purpose: NM FOR HEARING Next Hearing Date: 07-07-2020 Date: 07-07-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 03-08-2020 Date: 03-08-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 02-09-2020 Date: 02-09-2020 Reason For Adjournment: Adjourned due to Covid-19 Next Purpose: NM FOR HEARING Next Hearing Date: 28-09-2020 Date: 28-09-2020 Business: Both sides absent. Due to COVID-19 adjourned to 21.10.2020 for hearing on preliminary issues. Next Purpose: NM FOR 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 N/M. hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 23-11-2020 Date: 23-11-2020 Business: Both sides absent. Due to COVID-19 adjourned to 15.12.2020 for N/M Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 15-12-2020 Date: 15-12-2020 Business: Adv. Vikrant Makhare for plaintiff is present Adv. Manmohan Amonkar for defendant No.1 is present By consent, adjourned to 08.01.2021 for Hearing. Earlier order, if any, to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 08-01-2021 Date: 08-01-2021 Business: Adv. Vikrant Makhare i/b Negandhi Shah and Himayatullah for plaintiff is present. Adv. Jacob Kadantot a/w Adv. Manohar Amonkar for defendant no.1 present. Adv. Bency Ramakrishnan i/b Shardul Amarchand Mangaldas for defendant no.2 and 3 is present. At the request of Ld. counsel for respondent no.1, matter adjourned to 06.02.2021 for Hearing on Preliminary Issue. Interim order, if any, to continue till next date. Next Purpose: NM FOR HEARING Next Hearing Date: 06-02-2021 Date: 06-02-2021 Business: Ld. counsel Mr. Dinesh Purandare a/w Adv. Jinal Gogri and Adv. Vikrant Makhare for plaintiff present. Ld. counsel Mr. Jacob Kadantot a/w Adv. Manmohan Amonkar for defendant no.1 present. None present for defendant no.2. Adv. Gaurav Mohanty for defendant no.3 is present. Plaintiff seeks time to file affidavit of service in respect of service on defendant no.2. Adjourned to 04.03.2021 for filing affidavit of service and Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 04-03-2021 Date: 04-03-2021 Business: None present for plaintiff. Adv. Manmohan Amonkar for defendant No.1 is present. None present for defendant no.2 and 3. Since nobody appears for plaintiff, matter adjourned to 06.04.2021 for filing affidavit of service and NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 06-04-2021 Date: 06-04-2021 Business: Adv. Jinal Gogri i/b Negandhi Shah and Himayatullah for plaintiff is present and files affidavit of service. TOR and marked as Exh.7. Adv. Jacob Kadantot a/w Adv. Manmohan Amonkar for defendant no.1 present. By consent, matter adjourned to 26.04.2021 for NM Hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 26-04-2021 Date: 26-04-2021 Business: None for plaintiff. Adv. Mr. Jacob along with Adv. Mr. Manmohan Amonkar for defendant no. 1 present. None present for rest of the defendants. Due to COVID-19, matter adjourned to 11.06.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 11-06-2021 Date: 11-06-2021 Business: Adv. Jinal Gogari i/b M/s. Negandhi Shah and Himayathulla for plaintiff present. Adv. Manmohan Amonrkar for defendant no. 1 present. Adv. For plaintiff files draft Ch/sum for amendment in prayer in plaint. It be registered and copy be served to other side. Adjourned to 28.06.2021 for service and reply to Ch/sum. Next Purpose: C/S REPLY Next Hearing Date: 28-06-2021 Date: 28-06-2021 Business: None present for plaintiff. Adv. Manmohan Amonkar for defendant no.1 is present. Adv. Bryan Pillai i/b Shardul Amarchand Mangaldas and Co for Def No.2 is present. Adjourned to 13.07.2021 for CS Reply. L.O. Adv. Radhika Venugopal i/b M/s. Nigandhi Shah and Himayatulla for plaintiff is present and files original registered Chamber Summons No.796 of 2021. Next Purpose: C/S REPLY Next Hearing Date: 13-07-2021 Date: 13-07-2021 Business: CORAM HIS HONOUR I/C PRINCIPAL JUDGE, SHRI. A. T WANKHEDE (C.R. NO. 57) Matter pertains to CR.No. 19 None present for plaintiff. Adv. Jacob Kadantot for defendant no. 1 present. He files reply to Ch/sum No. 796/21. It is T.O.R. Copy be furnished to other side. Adjd. to 23.07.2021 for hearing on Preliminary issue and Ch/sum. Next Purpose: C/S HEARING Next Hearing Date: 23-07-2021 Date: 23-07-2021 Business: Adv. Ms. Jinal Gogari i/b Ms. Negandhi Shah and Himayatullah for the plaintiff is present . Adv. Mr. Manmohan Amonkar for Deft. No.1 is present. Earlier order, if any, to continue till next date. Due to COVID-19, adjourned to 12.08.2021 for C/S Hearing. Next Purpose: C/S HEARING Next Hearing Date: 12-08-2021 Date: 12-08-2021 Business: Matter called out at 5.14 p.m. Adv. Jinal Gogri a/w Vikrant Makhare I/b Negandhi Shah and Himayattulah for plaintiff present. Adv. Jacob and Manmohan A. Amonkar for Deft No. 1 present. Adv. Bryan Pillai I/b Shardul Amarchand Mangaldas & Co. for Deft. No. 2 present. Matter stands adjourned to 26.08.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 26-08-2021 Date: 26-08-2021 Business: Matter called out at 2.59 p.m. Adv. Dinesh Purandare a/w Jinelle Gogri I/b Negandhi Shah Himayatullah for plaintiff. Adv. Jacob Kadantot & Manmohan A. Amonkar for Deft. No. 1 present. Adv. Bryan Pillai I/b Shardul Amarchand Mangaldas & Co. for Deft. No. 2 and 3 present. Matter stands adjourned to 27.10.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-10-2021 Date: 27-10-2021 Business: Matter called out at 3.05 p.m. Adv. Jinal Gogri I/b Negandhi Shah and Himayaltulah for plaintiff present. Adv. Jacob Kadantot @ Manmohan A. Amonkar for Deft. no.1 present. Advocate Bryan Pillai I/b Shardul Amarchand Mangaldas and Co. for Deft. no.2 and 3 present. He tendered scanned copy of VP. O-Allowed to filed. Marked as Exh.8. Interim if any, to continue till then. Matter stands adjourned to 13.12.2021 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 13-12-2021 Date: 13-12-2021 Business: Matter called out at 3.06 p.m. Adv. Jinal Gogri for plaintiff present. Adv. Bryan Pillai for Deft. No.2 present. Matter stands adjourned to 27.01.2022 for NM hearing. Next Purpose: NM FOR HEARING Next Hearing Date: 27-01-2022 Date: 27-01-2022 Business: Court is on Leave. Board is discharged to next date. Next Purpose: NM FOR HEARING Next Hearing Date: 10-03-2022 Date: 10-03-2022 Business: Matter called out at 3.46 p.m. Adv. Vikrant Makhare I/b Negandhi Shah and Himayalullah for plaintiff present. Adv. Manmohan A. Amonkar a/w Jacob Kadantot for Deft. No.1 present. Adv. Bryan Pilla I/b Shardul Amarchand Mangaldas for Deft. No.2 and 3 present. He tendered draft NM. O-Leave granted to register. Draft NM handed over to the Advocate for Deft. No.2 and 3 for registration. He also tendered WS. TOR. Exh.9. Matter stands adjourned to 30.04.2022 for reply. Next Purpose: REPLY Next Hearing Date: 30-04-2022 Date: 30-04-2022 Business: Adv. Jinal Gogri I/b Negandhi Shah and Himayattulah for plaintiff present. Adv. Manmohan Amonkar for Deft. no.1 present. Adv. Bryan Pillai I/b Deft. no.2 and 3 present. He tendered reg. NM no.956/2022. TOR. By consent, matter stands adjourned to 13.07.2022 for reply. Next Purpose: REPLY Next Hearing Date: 13-07-2022 Date: 13-07-2022 Business: Adv. Dinesh Purandare a/w Adv. Jinelle Gogri for plaintiff present. Adv. Jacob Kadantot a/w Adv. Amonkar for Deft. no.1 present. Adv. Bryan Pillai for Deft. no.2 and 3 present. Kept back. Later on called out at 4.29 p.m. Adv. Dinesh Purandare a/w Adv. Jinelle Gogri for plaintiff present. Adv. Jacob Kadantot a/w Adv. Amonkar for Deft. no.1 present. Adv. Bryan Pillai for Deft. no.2 and 3 present. Heard plaintiff and Deft. no.1 on preliminary issue. Matter stands adjourned to 03.08.2022 for NM hearing/orders. Next Purpose: NM FOR HEARING Next Hearing Date: 03-08-2022 Date: 03-08-2022 Business: Adv. Jinal Gogri for plaintiff present. Adv. Mangesh Sawant for Deft. no.1 present. Adv. Bryan Pillai for Deft. No.2 and 3 present. O R D E R 1It is held that this Court has no jurisdiction to try instant suit. 2The plaint be returned to the plaintiff for presentation before an appropriate forum. 3Pending Notice of Motions and Chamber Summons, if any, stand dispose off in terms of return of plaint. 4No order as to costs. 5Suit is disposed of accordingly. (Dictated and pronounced in open Court). Nature Of Disposal: OTHERWISE Disposal Date: 03-08-2022
Additional Case Details
Additional Case Details
Filing Number: 103138/2018 Filing Date: 01-03-2018 First Hearing Date: 16th March 2018 Decision Date: 03rd August 2022 Court Number And Judge: 3-COURT 03 ADDL SESSIONS JUDGE
Orders
2Final Order 103 Aug 2022
03 Aug 2022
Order Details: Notice of Motion Pdf Text: 03.08.2022 Sr. No. 51 SU 214/18 NM 956/22 CS 796/21 NM 894/18 NM 3682/17 NM 3860/17 NM 284/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (C.R.03) Adv. Jinal Gogri for plaintiff present. Adv. Mangesh Sawant for Deft. no.1 present. Adv. Bryan Pillai for Deft. No.2 and 3 present. O R D E R 1 It is held that this Court has no jurisdiction to try instant suit. 2 The plaint be returned to the plaintiff for presentation before an appropriate forum. 3 Pending Notice of Motions and Chamber Summons, if any, stand dispose off in terms of return of plaint. 4 No order as to costs. 5 Suit is disposed of accordingly. (Dictated and pronounced in open Court). Judge -- 1 of 1 --
Order 103 Aug 2022
03 Aug 2022
Order Details: Notice of Motion Pdf Text: 03.08.2022 Sr. No. 51 SU 214/18 NM 956/22 CS 796/21 NM 894/18 NM 3682/17 NM 3860/17 NM 284/18 CORAM : H.H.J. SHRI SHAIKH AKBAR SHAIKH JAFAR (C.R.03) Adv. Jinal Gogri for plaintiff present. Adv. Mangesh Sawant for Deft. no.1 present. Adv. Bryan Pillai for Deft. No.2 and 3 present. O R D E R 1 It is held that this Court has no jurisdiction to try instant suit. 2 The plaint be returned to the plaintiff for presentation before an appropriate forum. 3 Pending Notice of Motions and Chamber Summons, if any, stand dispose off in terms of return of plaint. 4 No order as to costs. 5 Suit is disposed of accordingly. (Dictated and pronounced in open Court). Judge -- 1 of 1 --
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