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NOTICE OF MOTION

Prabodh Narottamdas ShahVsKanji Manji And Co. And Ors

CNR MHCC01003772201820-COURT 20 ADDL SESSIONS JUDGE
City Civil Court, Mumbai
Mumbai · Maharashtra (MH)
CASE DISPOSED
Contested--ALLOWED
Decision Date: 14th March 2020

TrustJury record updated 10 Sept 2026

Case Overview

Registration Number
101179/2018
Registration Date
19 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: 24-04-2018
    Business: Court is on leave
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 29-06-2018
    
    Date: 29-06-2018
    Business: PO is on leave.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 01-08-2018
    
    Date: 01-08-2018
    Business: PO is on Mediation Training.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 10-09-2018
    
    Date: 10-09-2018
    Business: Adv. Mishra Present for the Plff.
    None Present for the Deft.
    Ld counsel for the Plff filed registered NM 1179/18 alongwith affidavit. t.o.r.
    Ld counsel for the Plff filed Affidavit of service of NM 1179/18. t.o.r.
    As per service affidavit deft no.1 served by RPAD return back with postal endorsement left. Hence plff to take necessary steps. For service of NM upon Deft no. 2 to 27.
    When called deft no.1 absent. Hence NM proceeded without Reply to NM 1179/18.
    Adj. For Service affidavit of Deft no. 2 to 27 on 25/10/2018.
    Next Purpose: AFFIDAVIT OF SERVICE
    Next Hearing Date: 25-10-2018
    
    Date: 25-10-2018
    Business: Adv. Ms. Senaha Aagrwal Present for the Plff.
    Adv. A. H. Metha Present for the Deft.
    Adv. A. H. Metha filed VP for Deft no.2 t.o.r.
    Ld counsel for the Deft no.2 filed Draft NM alongwith affidavit.
    Order- Heard. Leave granted. NM be registered. Copy served to ld counsel for applicant. Hence service affidavit be dispense with.
    Ld counsel for Plff sought time for service affidavit for deft no. 2 to 7.
    Ld counsel for Deft no.2 filed reply to NM 1179/18. t.o.r. copy supplied to Ld counsel for the Plff.
    Adj. For NM returnable and reply to Draft NM and Service affidavit for Deft no. 2 to 7 on 04/12/2018.
    Next Purpose: NOTICE OF MOTION
    Next Hearing Date: 04-12-2018
    
    Date: 04-12-2018
    Business: None Present for the Plff.
    Adv. Ashwini Pawar Present for the Deft.
    Ld counsel for the Deft filed Draft NM 4137/18 alongwith affidavit. t.o.r.
    None present for the Plff to filed their reply to NM 4137/18.
    Adj. For Hearing of NM 4137/18 on 17/01/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 17-01-2019
    
    Date: 17-01-2019
    Business: Plff inperson Present.
    Adv. Arun Metha Present for the Deft. no. 1 to 7.
    On the oral request of the Plff inperson. Adj granted for filing reply to NM 4137/18 by submitting that, there counsel is out of Bombay. Hence last chance granted to the plff to file reply to NM 4137/18 filed in NM 1179/18 with direction to supply the copy of reply to upon otherside.
    Adj. For Hearing of NM 1179/18 and reply to NM 4137/18 on 25/02/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 25-02-2019
    
    Date: 25-02-2019
    Business: Adv. Atual Redekar Present for the Plff.
    Adv. Ms. Ashwini Pawar Present for the Deft.
    Adv. Atual Redekar For filed VP. t.o.r.
    Ld counsel for the Plff tendered reply to NM 4137/18. t.o.r. copy supplied to Ld counsel for the Deft.
    Adj. For Hearing of NM 4137/18 and reply to NM 117/18 on 28/03/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 28-03-2019
    
    Date: 28-03-2019
    Business: dv. Atul Redkar Present for the Plff.
    Adv. Ms. Ashwini Pawar Present for the Deft.
    Adj. For Hearing of NM 1179/18, 4137/18 on 10/07/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 10-07-2019
    
    Date: 10-07-2019
    Business: Adv. Saxena for plaintiff present.
    Adv. A. Mehta for defendant present.
    Matter adjd for hearing on 20/08/2019.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 20-08-2019
    
    Date: 20-08-2019
    Business: Adv. Atul Redkar for plaintiff/applicant present.
    Adv. Ashwini Pawar for defendant present.
    Both side argument heard on NM No.4137/18.
    F.R.S.R. following order is passed.
    ORDER PASSED BELOW NM NO.4137/18
    1. NM No.4137/18 is hereby allowed.
    2. No reply order dt.10.09.2018 passed against defendants is hereby set aside and they are permitted to file reply to NM No.1179/18 taken out by plaintiff.
    Matter adjd for reply of NM No.1179/18 on 10/10/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 10-10-2019
    
    Date: 10-10-2019
    Business: Adv. Atul Redekar for plaintiff present.
    Adv. Ashwini Pawar for defendant present.
    Court is busy in dictating Judgment in SU No.3148/11. Hence this matter is adjourned.
    Matter adjd for NM reply on 22/11/2019.
    Next Purpose: NM REPLYREJOINDER
    Next Hearing Date: 22-11-2019
    
    Date: 22-11-2019
    Business: Adv. Atul Redkar Present for the Plff.
    Adv. Ashwini Pawar for deft present.
    Matter adjd for Hearing on 06/12/2019.
    Next Purpose: HEARING
    Next Hearing Date: 06-12-2019
    
    Date: 06-12-2019
    Business: HHJ IS ONBTRANNING AT UTTAN
    Next Purpose: HEARING
    Next Hearing Date: 08-01-2020
    
    Date: 08-01-2020
    Business: Adv. Atul Redkar for plaintiff present.
    Adv. Arun Mehta for defendant No.1 to 7 present.
    Heard both side. Matter keep for order.
    The Ld Adv appearing for deft relied upon 3 citations.
    The Ld Adv. appearing for plff relief upon 1 citation. t.o.r.
    Matter adjd for NM Hearing 21/01/2020 at 02.45 pm.
    Next Purpose: NM FOR HEARING
    Next Hearing Date: 21-01-2020
    
    Date: 21-01-2020
    Business: Adv. Tripathi for plaintiff present.
    Adv. Arun Mehta for defendant present.
    Adv. for plff filed one citation- In the case of collector Land Acquisition Vs. Mst. Katiji and Ors on 19/02/1987. TOR.
    Heard both sides on law point. Keep for order on NM.
    Matter adjd for NM Order on 20/02/2020 at 02.45 pm.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 20-02-2020
    
    Date: 20-02-2020
    Business: None for plaintiff.
    Adv. Arun Mehta for defendant nos. 1 to 7 present.
    The Ld Adv for defendant nos. 1 to 7 submits that citation filed by plaintiff in the case of collector Land Acquisition Vs. Mt. Katiji and Ors on 19-12-1987 is considering in the case of Victor Albuquerque, Applicant Vs. Saraswat Co-operative Bank Ltd. And ors. Respondent AIR 1998 Bombay 346
    He filed the said citation AIR 1998 Bombay 346 t.o.r.
    court busy in other matter.
    Matter adjd for NM order to 02-03-2020 at 2.45 pm.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 02-03-2020
    
    Date: 02-03-2020
    Business: Adv. Atul Redkar for plaintiff present.
    Adv. Arun Mehta for defendant nos. 1 to 7 present.
    Court busy in hearing on SU 305/2020, SU 306/2020 and SU 2331/19. Hence matter adjourned for NM order.
    Matter adjd for NM order to 14-03-2020 at 2.45 pm.
    Next Purpose: NM  ORDERS
    Next Hearing Date: 14-03-2020
    
    Date: 14-03-2020
    Business: Plaintiff present.
    Adv. Punam Garde for plaintiff present.
    Adv. Arun Mehta for defendant present.
    KB L.O. at 4.21 pm
    F.R.S.R. following order is passed.
    ORDER
    Notice of Motion No. 1179 of 2018 is allowed as under-
    1.   Order of dismissal of suit in default for want of prosecution dated 28.08.2015 is hereby set aside subject to cost of Rs.6,000/-(Rs. Six Thousand only.).
    2. Time granted till 07.04.2020 to deposit the said cost in the court or Plaintiff is at liberty to pay cost of Rs.3,000/- (Rs. Three thousand only) to the defendant no.2 and Rs. 3,000/- (Rs. Three thousand only) to the defendant no.1 and defendant no. 3 to 7 on or before 07-04-2020.
    3.   After compliance of the order of the costs the said the Suit be restored and posted for the plaintiff\''s evidence on 20-04-2020 at 11.00 am.
    Matter adjd for compliance and plaintiff evidence to 20-04-2020 at 11.00 am.
    Nature Of Disposal: ALLOWED
    Disposal Date: 14-03-2020

    Additional Case Details

    Additional Case Details
    Filing Number: 104187/2018
    Filing Date: 19-03-2018
    First Hearing Date: 24th April 2018
    Decision Date: 14th March 2020
    Court Number And Judge: 20-COURT 20 ADDL SESSIONS JUDGE

    Orders

    2
    Final Order 1Full order available
    14 Mar 2020

    Order Details: Notice of Motion Pdf Text: 1 NM No.1179/18 in Suit 7484/05 MHCC010037722018 CNR No. MHCCO1-003772-2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1179 OF 2018 IN S. C. SUIT NO. 7484 OF 2005 (HIGH COURT SUM. SUIT NO.1598 OF 2005) Prabodh Narottamdas Shah ] 10, Beach View, 4th floor, Chowpatty, ] Sea Face, Mumbai 400 007 ]..Plaintiff Vs. 1. Kanji Manji Kothari and Company ] 49, Masjid Bunder Road, Mumbai 400 003 ]…

    Read Full Order
    Order 1Full order available
    14 Mar 2020

    Order Details: Notice of Motion Pdf Text: 1 NM No.1179/18 in Suit 7484/05 MHCC010037722018 CNR No. MHCCO1-003772-2018 IN THE BOMBAY CITY CIVIL COURT AT BOMBAY NOTICE OF MOTION NO. 1179 OF 2018 IN S. C. SUIT NO. 7484 OF 2005 (HIGH COURT SUM. SUIT NO.1598 OF 2005) Prabodh Narottamdas Shah ] 10, Beach View, 4th floor, Chowpatty, ] Sea Face, Mumbai 400 007 ]..Plaintiff Vs. 1. Kanji Manji Kothari and Company ] 49, Masjid Bunder Road, Mumbai 400 003 ]…

    Read Full Order

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