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NOTICE OF MOTION

Sarnath CHSL Ltd. and Ors. St. No. 12457 of 2019VsAleya Chinmulgund

CNR MHCC01003600202061-COURT 61 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--OTHER
Decision Date: 23rd October 2024

TrustJury record updated 28 Sept 2026

Case Overview

Registration Number
101152/2020
Registration Date
14 Mar 2020

Advocates

1

For Petitioner

For Respondent

    Not available

    Parties

    2

    Acts & Sections

    1
    CODE OF CIVIL PROCEDURE · Sec 09

    Case History / Proceedings

    Case History
    Date: 17-03-2020
    Business: Adv. Amit Bel for plaintiff present.
    Adv. Labade for defendant present.
    As per directions of office order  no. 66 of 2020 r/w notification dated 14.03.2020, board is discharged.
    Matter stands Adj to 21.04.2020.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 21-04-2020
    
    Date: 21-04-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 12-05-2020
    
    Date: 12-05-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-06-2020
    
    Date: 01-06-2020
    Reason For Adjournment: National Lock Down
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 18-06-2020
    
    Date: 18-06-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 09-09-2020
    
    Date: 09-09-2020
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 23-10-2020
    
    Date: 23-10-2020
    Reason For Adjournment: Adjourned due to Covid-19
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 08-12-2020
    
    Date: 08-12-2020
    Business: Adv. Labde for plaintiff present.
    Matter stands Adj for Notice of motion to 28.01.2021
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 28-01-2021
    
    Date: 28-01-2021
    Business: Advocate Amit Behel for plaintiff present.
    Advocate Ms. Indira Labde for defendant present and filed and tendered registered Notice of Motion No.1152/20  along with affidavit in support of Notice of Motion. T.O.R.
    She also filed rejoinder in NM No.1152/20.
    Advocate for Plaintiff filed application under Order 2 Rule 2 of CPC. TOR and marked as Exh. 7.
    O- Otherside to say.
    Copy of rejoinder is served on advocate for Plaintiff.
    Copy of application Exh. 7 served on advocate for defendant.
    The case is adjourned to 15.03.2021 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 15-03-2021
    
    Date: 15-03-2021
    Business: Advocate Nurula for plaintiff present and seeks time to file reply to NM No. 1152/20.
    Time is granted.
    It appears that suit is not registered in absence of leave under order 2 Rule 2 of CPC.  The Plaintiff has now filed an application for said purpose and it is under consideration.  If there is no other objection raised by the office, the office shall register the suit.
    The case is adjourned to 05.04.2021 for NM reply.
    LO at 3.40 pm
    Advocate Aaditya Khare h/f adv. Indira Labde for defendant present.
    The case is adjourned to 05.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 05-04-2021
    
    Date: 05-04-2021
    Business: Advocate Adwait Raorane for plaintiff present and seeks earlier date.
    None for defendant.
    KB
    LO at 2.50pm
    None present.
    The case is adjourned to 20.04.2021 for NM reply.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 20-04-2021
    
    Date: 20-04-2021
    Business: Adjourned due to COVID-19
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 12-07-2021
    
    Date: 12-07-2021
    Business: Court is vacant
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-08-2021
    
    Date: 10-08-2021
    Business: As court is on leave in afternoon session. Board discharged
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 23-09-2021
    
    Date: 23-09-2021
    Business: Adv. Mehek Choudhary Reg. No. MAH/7620/2020 I/b. Jhangiani Narula & Associates for plaintiff present.
    Court is busy in hearing on document in SU No. 9083/95.
    Matter stands adjourned to 09.11.2021 for rejoinder.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 09-11-2021
    
    Date: 09-11-2021
    Business: PO is on leave in second session. Hence, Court is discharge.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 21-12-2021
    
    Date: 21-12-2021
    Business: Matter mentioned at 2.59 p.m.
    Adv. Amit Bel for plaintiff present.  He is seeking time to file rejoinder. Time granted.
    Adv. Indira Labde for defendant present.
    Matter stands adjourned to 03.02.2022 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 03-02-2022
    
    Date: 03-02-2022
    Business: The court is on leave
    Next Purpose: REJOINDER
    Next Hearing Date: 22-02-2022
    
    Date: 22-02-2022
    Business: Matter called out at 2.53 p.m.
    Adv. Tarang Jagtiani I/b Jhangiani Narula & Assoc. for plaintiff present. He is seeking time to file rejoinder. Time granted.
    None present for defendant.
    Matter stands adjourned to 04.05.2022 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 04-05-2022
    
    Date: 04-05-2022
    Business: Adv. Tarang Jagtiania I/b Jhangiani Narula and Assoc. for plaintiff present.
    Adv. Indira Labde for defendant present.
    As court is busy in hearing in EA 197/17 and status quo application in Disp. of. SU 7753/2000.
    Matter stands adjourned to 07.07.2022 for rejoinder.
    Next Purpose: REJOINDER
    Next Hearing Date: 07-07-2022
    
    Date: 07-07-2022
    Business: Adv. Tarang Jagtiani for plaintiff present.
    Adv. Tejas Shah for defendant present.
    Matter stands for filing rejoinder since 19.09.2021. Plaintiff to file rejoinder on next date, else matter will be proceeded further.
    By consent, matter stands adjourned to 05.08.2022 rejoinder/NM
    hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 05-08-2022
    
    Date: 05-08-2022
    Business: Adv. Tarang Jagtiani for plaintiff present. He clarified that the NM No.1152/20 is taken out by defendant due to misunderstanding he was seeking time to file rejoinder assuming he has filed the same. He further submitted that the petitioner has already filed reply to the NM. Hence, matter be kept for NM hearing.
    None present for defendant.
    Matter stands adjourned to 04.10.2022 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2022
    
    Date: 04-10-2022
    Business: Adv. Narula for plaintiff present.
    None present for defendant. Put NM for dismissal.
    Matter stands adjourned to 06.12.2022 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 06-12-2022
    
    Date: 06-12-2022
    Business: Adv. Tarang Jhangiani I/b Jhangiani Narula and Assoc. for plaintiff present.
    Adv. Harsh Pathak I/b Adv. Indira Labde for defendant present.
    By consent, ,matter stands adjourned to 03.02.2023 for NM dismissal.
    Next Purpose: NM FOR DISMISSAL
    Next Hearing Date: 03-02-2023
    
    Date: 03-02-2023
    Business: Adv. Tarang Jagtiani I/b Jhangiani Barula and associates for plaintiff present.
    Adv. Indira Labde for defendant.
    Heard counsel of defendant.
    Put up for argument of plaintiff on NM No. 1152/2020.
    Matter stands adjourned on 24.03.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-03-2023
    
    Date: 24-03-2023
    Business: Adv. Tarang Jagtiani I/b Jhangiani, Narula and associates for plaintiff present. He is seeking time. Time granted.
    Adv. Harsh Pathak I/b Adv. Indira Labde for defendant present.
    Matter stands adjourned on 24.04.2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 24-04-2023
    
    Date: 24-04-2023
    Business: Adv. Milind Mane for plaintiff present.
    Adv. Harsh Pathak I/b Adv. Indira Labde for defendant present.
    K.B
    Later on at 4.00 p.m.
    Adv. Anuj Narula a/w Adv. Milind Mane I/b Jhangiani Narula and associates for plaintiff present.
    Adv. Indira Labde for defendant present.
    Heard both sides.
    Put up for order.
    Matter stands adjourned on 13.06.2023 for NM P.H./order
    Next Purpose: NM HIGH ON BOARD
    Next Hearing Date: 13-06-2023
    
    Date: 13-06-2023
    Business: None for Plaintiff present.
    Adv Harsh Pathak h/f Adv Indira Labde for defendant present.
    Matter stands adjourned on 07-08-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-08-2023
    
    Date: 07-08-2023
    Business: Adv Chaudhary for Plaintiff present
    Adv Harsh Pathak h/f Adv Indira Labde for defendant present and seeking time to haring on NM. Time granted.
    Matter stands adjourned on 04-10-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 04-10-2023
    
    Date: 04-10-2023
    Business: Adv Milind Mane  for Plaintiff present and seeks time for argument on NM. O- Time granted.
    Adv Harsh  Pathak for defendant present.
    Matter stands adjourned on  07-12-2023 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 07-12-2023
    
    Date: 07-12-2023
    Business: Advocate Narula present for Plaintiff and seeks time. Order - granted as last chance.
    Advocate Dimple Jain h/f Indira Labde present for Defendant.
    Matter stands adjourned on 22-02-2024 for NM hearing.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-02-2024
    
    Date: 22-02-2024
    Business: IN THE COURT OF H.H.J. S. B. JOSHI JUDGE CITY CIVIL COURT C.R. NO. 61
    This court newly formed on 02.01.2024.
    Matter transferred from CRNo.
    Adv. Milind Mane for  plaintiff present and orally sought time for argue NM.  O- last chance granted.
    None for defendant.
    Due to formation of new court and change of assignment matter is adjourned.
    Matter adjourned for NM argument  to 27-03-2024.
    LO at 5.00 pm..
    Adv. Dimple Jain h/f Adv. Indira Labde for defendant present.
    Matter adjourned for NM argument  to 27-03-2024.
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 27-03-2024
    
    Date: 27-03-2024
    Business: The P.O. is on Leave
    Next Purpose: NM  ARGUMENTS
    Next Hearing Date: 14-06-2024
    
    Date: 14-06-2024
    Business: IN THE COURT OF H.H.J. S. M. AGARKAR JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rehana Nulwala i/b Adv. Jhangiani Narula and associates for  plaintiff present.
    Adv. Dimple Jain h/f Adv. Indira Labde for defendant present.
    Matter adjourned for NM haering as a last chance to 26-07-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 26-07-2024
    
    Date: 26-07-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Meena Bhatta for plaintiff is present.
    Adv. Dimple Jain h/f Adv. Indira Labde for defendant is present.
    Matter adjourned for NM hearing on 20.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2024
    
    Date: 20-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Notice of Motion No.1152/2020 is mistakenly appearing on todays board. Suit No.907/2021 is already fixed on 22.08.2024.
    Therefore, NM No.1152/2020 is adjourned to 22.08.2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 22-08-2024
    
    Date: 22-08-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Rehana Nulwala i/b Jhangiani Narula and Associates for plaintiff is present.
    Adv. Niraj Yadav h/f Adv. Indira Labde for defendant is present.
    KB. LO at 3.50 pm.
    Adv. Anuuj N. Narula for plaintiff is present.
    Adv. Niraj Yadav h/f Adv. Indira Labde for defendant is present and seeks time to argue NM No.1152/20. Other side has no objection subject to shorter date.
    Matter is adjourned for NM hearing as a last chance to 19-09-2024.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 19-09-2024
    
    Date: 19-09-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Anuj Narula for plaintiff is present.
    Adv. Indira Labde for defendant is present.
    KB for NM hearing.
    LO at 4.01 pm.
    Adv. Anuj Narula for plaintiff is present.
    Defendant alongwith her Adv. Indira Labde is present.
    Heard arguments of advocate Indira Labde in NM No.1152/20.
    Court has to check todays orders.
    Hence, matter adjourned for arguments on NM by plaintiff P.H. to 20-09-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 20-09-2024
    
    Date: 20-09-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Meena Bhatta h/f Adv. Anuj Narula for plaintiff is present.
    Defendant alongwith her Adv. Dimpal Jain h/f Adv. Indira Labde for defendant is present.
    Matter adjourned for NM arguments P.H. to 07-10-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 07-10-2024
    
    Date: 07-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Anuj Narula for plaintiff is present.
    Defendant alongwith her Adv. Parag Sawant i/b Adv. Indira Labde is present.
    Matter is adjourned with consent for NM arguments P.H. to 21-10-2024.
    Next Purpose: NM  ARGUMENTS P.H.
    Next Hearing Date: 21-10-2024
    
    Date: 21-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv. Anuj Narula for plaintiff is present and tendered pursis at (Exh.8) stating that plaintiffs without prejudice to their contention in Notice of Motion No. 4483/19, they are ready to allow re-hearing of said notice of motion. He requested that permission may be granted to file additional affidavit in that motion again.
    Defendant a/w her Adv. Indira Labdhe is present and she argued NM No. 4483/19.
    Matter adjourned for order on NM No.1152/2020 to 23.10.2024.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 23-10-2024
    
    Date: 23-10-2024
    Business: IN THE COURT OF H.H.J. R. D. DESHPANDE JUDGE CITY CIVIL COURT C.R. NO. 61
    Adv.  Meena Bhatta for plaintiff is present.
    Defendant is present.
    F.R.S.R. following order is passed in Notice of Motion No.1152 of 2020.
    ORDER
        1. Notice of Motion is partly allowed.
        2. Order passed by my Ld. Predecessor in Notice of Motion No.4483/2019 dated 10.12.2019 is hereby quashed and set aside.
        3. Notice of Motion No.4483/2019 is restored to its original file and it be heard on merits by giving an opportunity of filing their additional affidavits to both the parties and to argue it afresh.
        4. In view of it, there is no need to pass any order regarding the Court Commissioners Report dated 15.01.2020, since it has become infructuous.
        5. Accordingly, Notice of Motion No.1152/2020 stands disposed off.
    Nature Of Disposal: OTHER
    Disposal Date: 23-10-2024

    Additional Case Details

    Additional Case Details
    Filing Number: 103103/2020
    Filing Date: 14-03-2020
    First Hearing Date: 17th March 2020
    Decision Date: 23rd October 2024
    Court Number And Judge: 61-COURT 61 ADDL  SESSIONS JUDGE

    Orders

    1
    Final Order 1Full order available
    23 Oct 2024

    Order Details: Notice of Motion Pdf Text: N.M.No.1152 of 2020 Order MHCC010036002020 Presented on : 14.03.2020 Registered on : 14.03.2020 Decided on : 23.10.2024 Duration : 04 07 09 Years Months Days IN THE COURT OF CITY CIVIL FOR GREATER BOMBAY AT BOMBAY NOTICE OF MOTION NO.1152 OF 2020 IN SHORT CAUSE SUIT NO.907 OF 2021 (CNR NO. MHCC010036002020) 1 M/s New Sarnath Co-operative Housing Society Ltd. having their address at 59 B Bhulabhai Desai Road, Mumbai 400026. 2 Mr.…

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