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NOTICE OF MOTION

M/s. Star Enterprises - Suit Stamp No.7449 of 2017VsSpecial Recovery Officer Jankalyan Sahakari Bank Ltd And Ors

CNR MHCC01003159201831-COURT 31 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--DISMISSED
Decision Date: 26th September 2019

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
100952/2018
Registration Date
06 Mar 2018

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    Public Premises (Eviction of Unauthorised Occupants) Act · Sec 9

    Case History / Proceedings

    Case History
    Date: 07-03-2018
    Business: Adv. Devang Parmar for plff present.
    Registered NM no.952/18 tendered by plff.
    Adj for hearing on NM to 08.03.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 08-03-2018
    
    Date: 08-03-2018
    Business: Adv. Gee Boudh for plff present.
    On oral request service upon the Bank through Bailiff is allowed.
    Adj to 13.03.2018 for hearing on NM.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 13-03-2018
    
    Date: 13-03-2018
    Business: Adv. Geeta Boudh for plff present.
    K.B.
    L.O.
    Upon request of Adv Ms.Boudh, matter is kept since 11am till 5.45pm.
    Adv. Joveson failed to appear for hearing on NM. Even no service affidavit is filed. Perusal of affidavit in support of Notice of Motion failed to make out prima facie case to grant ad-interim relief. Hence following order.
    ORDER
    1. Ad-interim relief is refused.
    Notice of Motion is kept for service and reply.
    Adj to 04.04.2018 for service and reply of NM.
    Next Purpose: SERVICE
    Next Hearing Date: 04-04-2018
    
    Date: 04-04-2018
    Business: Adv. Parmar for plff present.
    Adv. Dilima for deft.no.1 present.
    Registered NM No.952/18 tendered by plff.
    Ld.Adv for plff submitted that deft no.7 and 8 are not accepting the copies of registered NM No.1352/18, hence plff is directed to serve the same by RPAD.
    Plff is directed to serve the NM on all the parties and file service affidavit without fail on next date.
    Adj for service of NM to 12.04.2018.
    L.O.
    Adv. Joveson for plff present.
    Ex.B Application for issuance of notice through Court.
    O- Considering contents notice be sent through Thane Court. Hand delivery is permitted.
    Adj for service of NM to 12.04.2018.
    Next Purpose: SERVICE
    Next Hearing Date: 12-04-2018
    
    Date: 12-04-2018
    Business: Plaintiff in person present.
    Adv. Neelima for defendant no.1 present.
    KB
    LO
    Adv. Josan for plaintiff present.
    Adv. Neelima for defendant no.1 present.
    Defendant to serve copy of reply on plaintiff.
    On oral request of defendant adjourned for reply and hearing on Notice Motion to 16/04/2018.
    Next Purpose: REPLY
    Next Hearing Date: 16-04-2018
    
    Date: 16-04-2018
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 18-04-2018
    
    Date: 18-04-2018
    Business: Court is on leave.
    Next Purpose: REPLY
    Next Hearing Date: 04-05-2018
    
    Date: 04-05-2018
    Business: Adv. Boudh for plff present.
    Adv. Nilima for deft present.
    K.B.
    L.O.
    Ex.  Adv. Nilima for deft filed V/n t.o.r.
    Affidavit in reply to NM no.952/18 filed by deft.
    Copy served to plff in open Court.
    L.O.
    Adv. Omkar for deft.no.2 present.
    Adv. Priti for plff present.
    On request of plff, adj for hearing on NM to 21.06.2018.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-06-2018
    
    Date: 21-06-2018
    Business: Court is on leave.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-06-2018
    
    Date: 28-06-2018
    Business: Adv. D\''silva  for pltff  present.
    Adv.Sarvagod  for deft. no. 1 present.
    Adv. Guta for deft. no. 2 present.
    Matter adjd to 30.7.2018 for N/m hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 30-07-2018
    
    Date: 30-07-2018
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 03-08-2018
    
    Date: 03-08-2018
    Business: Adv. Mahamuni  for pltff  present.
    Ms. Trupti Nandoskar law officer  present.
    Matter adjd to14.8.2018 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 14-08-2018
    
    Date: 14-08-2018
    Business: Adv. Mahmuni for pltff  present.
    Trupti Nandoskar law officer of deft. present.
    Matter adjd to 19.9.2018  for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2018
    
    Date: 19-09-2018
    Business: Adv. Mahamuni  for pltff  present.
    Adv. Nilima for deft. no. 1  present.
    Law Officer Ms. Trupti Nandoskar of Janklyan Bank present.
    K.B.
    Matter adjd to 4.10.2018 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2018
    
    Date: 04-10-2018
    Business: Adv.  Mahamuni for pltff  present.
    Adv. Nilima Sarvagod for deft. no. 1 present.
    Law officer of deft. Ms. Trupti Nandoskar attached to Jankalyan Shakari Bank Ltd. present.
    Matter adjd to 12.12.2018 for hearing
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 12-12-2018
    
    Date: 12-12-2018
    Business: Adv. Shashikala for pltff  present.
    Adv. Kajal Hindulekar for deft. present.
    As court is busy in dictating judgment in SU 9785/82.
    Matter adjd to 07.02.2019 for hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-02-2019
    
    Date: 07-02-2019
    Business: Pltff and his advocate absent.
    Deft and adv for deft absent.
    N/M keep for dismissal on next date.
    Matter adjd to16.3.2019 for N/M Dismissal.
    L.O.
    Adv. Shashikala Mahamuni for pltff present.
    Adv. Sanjeev Tejwani for respdt. Present.
    Matter already adjd to16.3.2019 for N/M Dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 16-03-2019
    
    Date: 16-03-2019
    Business: Court is on leave
    Reason For Adjournment: court time is over
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 04-04-2019
    
    Date: 04-04-2019
    Business: Adv. Ms. Shashikala Mahamuni for Plaintiff present.
    Adv. Ms. Nilima Sarvgod for deft no.1 present.
    Ms. Nandoskar, law officer of the Deft. bank present.
    Matter is adjd.for N/M for dismissal on 14.06.2019.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 14-06-2019
    
    Date: 14-06-2019
    Business: Court is on Leave
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-07-2019
    
    Date: 03-07-2019
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 22-08-2019
    
    Date: 22-08-2019
    Business: Adv. Ms. Vanjare a/w Adv. Joveson  for plaintiff present.
    Adv. Ms. Nilima Sarvagod for defendant no.1 present.
    Heard argument of adv. Ms. Sarvagod for bank and adv. Mr. Joveson for plff.
    Matter is adjd. for order on NM on 28.08.2019.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 28-08-2019
    
    Date: 28-08-2019
    Next Purpose: NM  ORDERS
    Next Hearing Date: 26-09-2019
    
    Date: 26-09-2019
    Business: Adv. Ms. Sunita Kamat for plaintiff present.
    Adv. Ms. Nilima Sarvgod for defendant no.1 present.
    Heard argument of both side.
    F.R.S.R. following order is passed on NM No. 952/18, NM 1352/18 and St. No. 7449/2017.
                                    ORDER
    1. Notice of Motion No. 952 of 2018 stands dismissed.
    2. Notice of Motion no.1352 of 2018 stands dismissed prior to registration.
    3. Suit at Stamp No. 7449 of 2017 stands rejected before registration.
    4. Plaintiff is directed to comply the order of the Hon\''ble High Court dated 26.10.2018 i.e. to deposit cost of Rs. 50,000/- (Rupees Fifty Thousand Only).
    Suit/Stamp No. 7449/17 for statistical purpose.
    Nature Of Disposal: DISMISSED
    Disposal Date: 26-09-2019

    Additional Case Details

    Additional Case Details
    Filing Number: 103569/2018
    Filing Date: 06-03-2018
    First Hearing Date: 07th March 2018
    Decision Date: 26th September 2019
    Court Number And Judge: 31-COURT 31  ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    26 Sept 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 952/18 in St.No. 7449/17 . 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 952 OF 2018 (CNR NO. MHCC010031592018) IN STAMP NO. 7449 OF 2017 M/s. Star Enterprises ...Plaintiffs Versus Special Recovery Officer, Jankalyan Sahakari Bank Ltd. & Others ...Defendants CORAM : HIS HONOUR JUDGE SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 26th SEPTEMBER, 2019. Mr. C.J.Joveson, Advocate for Plaintiff. Ms. Nilima Sarvgod, Advocate for Defendant No.1.…

    Read Full Order
    Order 1Full order available
    26 Sept 2019

    Order Details: Notice of Motion Pdf Text: N/m No. 952/18 in St.No. 7449/17 . 1 Order. IN THE BOMBAY CITY CIVIL COURT AT BOMBAY. NOTICE OF MOTION NO. 952 OF 2018 (CNR NO. MHCC010031592018) IN STAMP NO. 7449 OF 2017 M/s. Star Enterprises ...Plaintiffs Versus Special Recovery Officer, Jankalyan Sahakari Bank Ltd. & Others ...Defendants CORAM : HIS HONOUR JUDGE SHRI G.G.BHANSALI. (C.R.NO.31). DATE : 26th SEPTEMBER, 2019. Mr. C.J.Joveson, Advocate for Plaintiff. Ms. Nilima Sarvgod, Advocate for Defendant No.1.…

    Read Full Order

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